Mineral Resources Act 1989


Queensland Crest
Mineral Resources Act 1989

An Act to provide for the assessment, development and utilisation of mineral resources to the maximum extent practicable consistent with sound economic and land use management

Chapter 1 Preliminary

Part 1 Introduction

1Short title

This Act may be cited as the Mineral Resources Act 1989.

Editor’s note—

Uncommenced amendments to the following provisions have been included in this indicative reprint—
sections 123, 230, 298, 314, 335F, 335G, 335I, 335J, 335L, 344, 344A
chapter 12A, part 4
schedule 2
See 2018 Act No. 24 ss 142–147, 164(1), (2) (to the extent it ins new defs conference election notice, owner, transfer) and 2018 Act No. 30 pt 8 div 4.

2Objectives of Act

The principal objectives of this Act are to—
(a)encourage and facilitate prospecting and exploring for and mining of minerals;
(b)enhance knowledge of the mineral resources of the State;
(c)minimise land use conflict with respect to prospecting, exploring and mining;
(d)encourage environmental responsibility in prospecting, exploring and mining;
(e)ensure an appropriate financial return to the State from mining;
(f)provide an administrative framework to expedite and regulate prospecting and exploring for and mining of minerals;
(g)encourage responsible land care management in prospecting, exploring and mining.

Part 2 Application of Act generally etc.

3Application of Act to Commonwealth land and coastal waters of the State

(1)To the extent that the Parliament of the Commonwealth shall have from time to time vested in the Crown in right of Queensland jurisdiction to make such laws with respect thereto, this Act applies in respect of the sea bed and subsoil beneath the internal waters of Australia and beneath the baseline waters of the State and to waters above that sea bed as if that sea bed and subsoil were land within Queensland.
(2)This Act applies in respect of land of or vested in the Commonwealth to the extent that from time to time the Parliament of the Commonwealth shall determine.
(3)Subsections (1) and (2) shall not be construed to authorise prospecting, exploration or mining of the sea bed and subsoil that by a law of the Commonwealth is excluded from the application of this Act (whether by reference to this Act or to the subject matter of this Act) to the extent of that exclusion.
(a)is within a protected area; or
(b)by a law of the Commonwealth is excluded from the application of this Act (whether by reference to this Act or to the subject matter of this Act) to the extent of that exclusion.
(4)In this section—
baseline waters means the waters between the mean low water springs level and the inside of the baseline under the Offshore Minerals Act 1998, section 16.

3ARelationship with petroleum legislation

(1)This section does not apply to a coal or oil shale mining tenement.

Note—

1For the relationship between this Act and the Petroleum and Gas (Production and Safety) Act—
(a)in relation to coal or oil shale mining tenements, see chapter 8; or
(b)otherwise, see the Petroleum and Gas (Production and Safety) Act, section 6 (Relationship with Mineral Resources Act).
2See also section 386W for the relationship between carrying out activities under section 386V and authorised activities for petroleum authorities or 1923 Act petroleum tenures.
(2)Subject to subsections (3) to (9), the Petroleum Act 1923 and the Petroleum and Gas (Production and Safety) Act do not limit or otherwise affect—
(a)the power under this Act to grant or renew a mining tenement over land (the overlapping land) in the area of a petroleum authority; or
(b)a mining tenement already granted over land (also the overlapping land) in the area of an existing petroleum authority.
(3)If the petroleum authority is a petroleum lease or petroleum facility licence and the mining tenement is an exploration permit, mineral development licence, or mining lease, an authorised activity for the mining tenement may be carried out on the overlapping land only if—
(a)the petroleum lease or petroleum facility licence holder has agreed in writing to the carrying out of the activity; and
(b)a copy of the agreement has been lodged; and

Note—

For other relevant provisions about lodging documents, see section 386O.
(c)the agreement is still in force.
(4)If the petroleum authority is a petroleum lease and the mining tenement is a prospecting permit or mining claim, an authorised activity for the mining tenement may be carried out on the overlapping land only if carrying out the activity does not adversely affect the carrying out of an authorised activity for the petroleum lease.
(5)Subsection (4) applies whether or not the authorised activity for the petroleum lease has already started.
(6)If the petroleum authority is an authority to prospect or pipeline licence and the mining tenement is not a mining lease, an authorised activity for the mining tenement may be carried out on the overlapping land only if—
(a)the authority to prospect or pipeline licence holder has agreed in writing to the carrying out of the activity, a copy of the agreement has been lodged and the agreement is still in force; or
(b)carrying out the activity does not adversely affect the carrying out of an authorised activity for the authority to prospect that has already started.
(7)If the petroleum authority is an authority to prospect and the mining tenement is a mining lease, an authorised activity for the authority to prospect may be carried out on the overlapping land only if—
(a)the mining lease holder has agreed in writing to the carrying out of the activity; and
(b)a copy of the agreement has been lodged; and
(c)the agreement is still in force.
(8)Subsection (7) does not apply, or ceases to apply, if the same person holds the authority and the mining lease.
(9)This section applies despite any other provision of this Act.

3BRelationship with Geothermal Energy Act 2010 and Greenhouse Gas Storage Act 2009

The relationship between this Act, the Geothermal Energy Act 2010 (the Geothermal Act), the Greenhouse Gas Storage Act 2009 (the GHG storage Act) and authorities under them is provided for under—
(a)chapter 9; and
(b)the Geothermal Act, chapter 5; and
(c)the GHG storage Act, chapter 4.

3BARelationship with Common Provisions Act

The relationship between this Act and the Common Provisions Act is provided for under the Common Provisions Act, section 6.

3BB Relationship with Nature Conservation Act 1992

This Act is subject to the Nature Conservation Act 1992, sections 27 and 70QA.

3CDeclaration for Commonwealth Act

A mining tenement is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth).

4Effect of change of baseline

(1)If—
(a)an offshore area is in the area of an exploration permit, mineral development licence or mining lease (the mining tenement); and
(b)there is a change to the inner limit of the coastal waters of the State as defined in the Offshore Minerals Act 1998, section 16(1) and (2); and
(c)as a result of the change, the offshore area comes within those coastal waters;

this Act applies, while the mining tenement or any successor mining tenement remains in force, as if the area were still within the offshore area.

(2)If—
(a)a mining lease takes effect immediately after an exploration permit expires; and
(b)the holder of the mining lease immediately after it takes effect was the holder of the exploration permit immediately before it expired;

the mining lease is a successor mining tenement to the exploration permit for subsection (1).

(3)If—
(a)a mineral development licence takes effect immediately after an exploration permit expires; and
(b)the holder of the mineral development licence immediately after it takes effect was the holder of the exploration permit immediately before it expired;

the mineral development licence is a successor mining tenement to the exploration permit for subsection (1).

(4)If—
(a)a mining lease takes effect immediately after a mineral development licence expires; and
(b)the mineral development licence took effect immediately after an exploration permit expired; and
(c)the holder of the mining lease immediately after it takes effect was the holder of the mineral development licence immediately before it expired; and
(d)the holder of the mineral development licence immediately after it took effect was the holder of the exploration permit immediately before it expired;

the mining lease is a successor mining tenement to the exploration permit and the mineral development licence for subsection (1).

(5)In this section—
offshore area means an area of the sea bed and subsoil to which the Act applies.

Part 3 Relationship with Planning Act

4AEffect on development

(1)Subject to subsections (2) and (3), the Planning Act does not apply to development authorised under this Act.
(2)The Planning Act applies to development on a Queensland heritage place under the Heritage Act even if development of the place is authorised under this Act.
(3)The Planning Act applies to building work under the Building Act 1975 that is authorised under this Act, including under a mining tenement.
(4)However, the building work is taken to be accepted development for the Planning Act to the extent the building work—
(a)would, other than for this subsection, be assessable development under the Planning Act; and
(b)complies with the relevant provisions for the building work.
(5)In this section—
relevant provisions, for building work, see the Building Act 1975, section 21(5).

4BNotice to local government and chief executive (planning) of particular mining tenements

(1)This section applies if a mining claim, mineral development licence or mining lease (the mining tenement) is granted or renewed.
(2)The chief executive must give notice of the mining tenement to—
(a)each local government in whose area the area of the tenement is situated; and
(b)the chief executive (planning).
(3)An entity given a notice under subsection (2) must make a note on each relevant map in the local government’s planning scheme held by the entity.
(4)The note must—
(a)identify the area of the mining tenement; and
(b)state that the Planning Act does not apply to development in the area authorised under this Act, other than development on a Queensland heritage place under the Heritage Act; and
(c)state that interested persons may obtain details of the mining tenement from the chief executive of the department in which this Act is administered.
(5)In this section—
chief executive (planning) means the chief executive of the department in which the Planning Act is administered.

Part 4 Interpretation

5Definitions

The dictionary in schedule 2 defines particular words used in this Act.

6Meaning of mineral

(1)A mineral is a substance—
(a)normally occurring naturally as part of the earth’s crust; or
(b)dissolved or suspended in water on or within the earth’s crust; or
(c)that may be extracted from a substance mentioned in paragraph (a) or (b).
(2)Subject to subsection (3), each of the following is a mineral
(a)any type of clay;
(b)foundry sand;
(c)coal seam gas;

Notes—

1For what is coal seam gas and incidental coal seam gas, see section 318AC.
2See also chapter 8, part 8, division 1.
(d)limestone;
(e)marble;
(f)a product that may be extracted or produced by an underground gasification process for coal or oil shale (mineral (f)) and another product that may result from the carrying out of the process (also mineral (f));

Examples of underground gasification processes—

combustion, consumption, heating, leaching and reaction

Example of another product—

gas desorbed as a result of an underground gasification process

Note—

See chapter 12, part 4A for the moratorium relating to mineral (f).
(g)peat;
(h)salt, including brine;
(i)oil shale;

Note—

For what is oil shale, see section 318AD.
(j)silica, including silica sand;
(k)rock mined in block or slab form for building or monumental purposes.
(3)Despite subsections (1) and (2)—
(a)clay (other than kaolin and bentonite) is only a mineral if it is mined for use for its ceramic properties; and

Examples of uses of clay for its ceramic properties—

for brick or tile making
for pottery making
(b)limestone, silica and silica sand is only a mineral if it is mined for use for its chemical properties; and
(c)mineral (f) is only a mineral if—
(i)the coal or oil shale, from which it is extracted or produced, is held under a mineral development licence and it has been added to the licence under section 208; or
(ii)the coal or oil shale, from which it is extracted or produced, is held under a mining lease and it is specified in the lease; and

Note—

See chapter 12, part 4A for the moratorium relating to mineral (f).
(d)each of the following is not a mineral—
(i)soil, sand, gravel or rock (other than rock mentioned in subsection (2)(k)) if it is to be used, or to be supplied for use, as sand, gravel or rock, whether intact or in broken form;
(ii)living matter;
(iii)steam or water.

6AMeaning of mine

(1)Mine means to carry on an operation with a view to, or for the purpose of—
(a)winning mineral from a place where it occurs; or
(b)extracting mineral from its natural state; or
(c)disposing of mineral in connection with, or waste substances resulting from, the winning or extraction.
(2)For subsection (1), extracting includes the physical, chemical, electrical, magnetic or other way of separation of a mineral.
(3)Extracting includes, for example, crushing, grinding, concentrating, screening, washing, jigging, tabling, electrowinning, solvent extraction electrowinning (SX–EW), heap leaching, flotation, fluidised bedding, carbon-in-leach (CIL) and carbon-in-pulp (CIP) processing.
(4)However, extracting does not include—
(a)a process in a smelter, refinery or anywhere else by which mineral is changed to another substance; or
(b)testing or assaying small quantities of mineral in teaching institutions or laboratories, other than laboratories situated in the area of a mining lease; or
(c)an activity, prescribed under a regulation, that is not directly associated with winning mineral from a place where it occurs.
(5)For subsection (1), disposing includes, for example, the disposal of tailings and waste rock.
(6)A regulation under subsection (4)(c) may prescribe an activity by reference to the quantities of minerals extracted or to any other specified circumstances.

6BMeaning of prospect

(1)Prospect means take action to find out about the existence, quality or quantity of minerals on, in or under land by—
(a)using a metal detector or a similar handheld instrument; or
(b)sampling using only handheld implements, including, for example, hammers, hand augers, panning dishes, picks, shakers, shovels and sieves.
(2)However, prospect does not include taking action that is—
(a)hand mining; or
(b)the removal of minerals for their sale.

6CWhat is carrying out improvement restoration

(1)To carry out improvement restoration, for a mining tenement, means to repair any damage caused by an activity under the tenement to all pre-existing improvements on, or attached to, the area of the tenement by—
(a)restoring them to the same, or substantially the same, condition they were in before the damage happened; or
(b)replacing them with another improvement in the condition mentioned in paragraph (a).
(2)For subsection (1), damage does not include damage to which a requirement to rehabilitate or remediate under the Environmental Protection Act applies.

6DTypes of authority under Act

The types of authority under this Act are—
(a)a prospecting permit; and
(b)a mining claim; and
(c)an exploration permit; and
(d)a mineral development licence; and
(e)a mining lease.

7When educational institution is an eligible person

The Minister may treat an educational institution as an eligible person under this Act to enable it to apply for and hold a prospecting permit, mining claim or mining lease only if the Minister is satisfied the activities it intends to carry out under the permit, claim or lease are educational or training activities.

7AWhat is a preliminary activity

(1)A preliminary activity, for a provision about an exploration tenement, means an authorised activity for the tenement that will have no impact, or only a minor impact, on the business or land use activities of any owner or occupier of the land on which the activity is to be carried out.

Examples—

walking the area of the permit or licence
driving along an existing road or track in the area
taking soil or water samples
geophysical surveying not involving site preparation
aerial, electrical or environmental surveying
survey pegging
(2)However, the following are not preliminary activities—
(a)an authorised activity carried out on land that—
(i)is less than 100ha; and
(ii)is being used for intensive farming or broadacre agriculture;

Examples—

land used for dryland or irrigated cropping, plantation forestry or horticulture
a dairy, cattle or sheep feedlot, piggery or poultry farm
(b)an authorised activity that affects the lawful carrying out of an organic or bio-organic farming system.

7BWhat is an advanced activity

An advanced activity, for a provision about an exploration tenement, means an authorised activity for the tenement other than a preliminary activity for the tenement.

Examples—

levelling of drilling pads and digging sumps
bulk sampling
open trenching or costeaning with an excavator
vegetation clear-felling
constructing an exploration camp, concrete pad, sewage or water treatment facility or fuel dump
geophysical surveying with physical clearing
carrying out a seismic survey using explosives
constructing a track or access road
changing a fence line

Part 5 General provisions for minerals and mining tenements

8Crown’s property in minerals

(1)Gold on or below the surface of land is the property of the Crown.
(2)Coal—
(a)on or below the surface of land that was acquired by the Crown as provided in the Agricultural Lands Special Purchase Act 1901 and subsequently alienated in fee simple by the Crown is the property of the Crown;
(b)on or below the surface of land (other than land referred to in paragraph (a)) is the property of the Crown except where that land was alienated in fee simple by the Crown before 1 March 1910 and the grant of that land did not contain a reservation to the Crown of the property in that coal.
(3)All minerals (other than coal and gold but including minerals dissolved or suspended in water within or upon the earth’s crust) on or below the surface of land in Queensland other than land alienated in fee simple by the Crown pursuant to—
(a)the Alienation of Crown Lands Act 1860, section 22; or
(b)the Crown Lands Alienation Act 1868, section 32; or
(c)the Mineral Lands Act 1872, section 21;

are the property of the Crown.

(4)Each deed of grant or lease of unallocated State land must contain a reservation of—
(a)minerals on and below the surface of the land; and
(b)the right of access for prospecting, exploring or mining.
(5)Mineral on or below the surface of land that is or becomes road is (to the extent that the mineral, but for this subsection would not be the property of the Crown) on and from the date the land becomes or became road, the property of the Crown.
(6)Where land to a specified depth only is or becomes road, subsection (5) applies in respect only of mineral in or below the surface of that land to the specified depth.
(7)Nothing in subsections (5) and (6) shall be construed as abrogating any right that the owner of land whose land is compulsorily acquired after the commencement of this Act for the purpose of being used as a road may have under any other Act or law to compensation in respect of that acquisition.

9Exclusive right of Crown to grant mining leases etc. irrespective of ownership of mineral

(1)A person is not competent to grant a lease or to enter into an agreement or arrangement, whether for valuable consideration or otherwise (other than an agreement referred to in section 320(2)(a) or (b)) authorising the prospecting or exploring for mineral or the mining of any mineral therefrom notwithstanding that the mineral is not the property of the Crown.
(2)For the purposes of subsection (1) a compensation agreement entered into pursuant to this Act does not authorise prospecting, exploring or mining.
(3)Subject to this Act, a mining tenement may be granted over land even though—
(a)a deed of grant in fee simple from the State may or may not contain a reservation to the State of the relevant mineral on or below the surface of the land; or
(b)the relevant mineral is not the property of the State.
(4)Notwithstanding the other provisions of this Act, a person who undertakes any airborne activity to determine the existence of minerals shall notify the Minister after the completion of that activity and shall furnish the Minister such data as the Minister may determine in the particular case.

10Act does not create estates in land

The grant of a mining tenement under this Act does not create an estate or interest in land.

10AAA Extinguishing mining tenement interests on the taking of land in a mining tenement’s area (other than by an easement)

(1)This section applies to the taking of land, other than by taking or otherwise creating an easement, under a resumption law.
(2)Despite any other Act, the taking of land does not extinguish mining tenement interests other than to the extent, if any, provided for in the resumption notice for the taking of the land.
(3)The resumption notice for the taking of land may provide for the extinguishment of a mining tenement interest on the taking only to the extent the relevant Minister for the taking is satisfied the interest is incompatible with the purpose for which the land is taken.
(4)Without limiting the application of subsection (3), the relevant Minister may be satisfied a mining tenement interest is incompatible with the purpose for which the land is taken if, for that purpose, it is necessary to extinguish all interests in the land, including native title rights and interests.
(5)A mining tenement interest may be—
(a)wholly extinguished; or
(b)partially extinguished by—
(i)excluding land from the land the subject of the interest; or
(ii)prohibiting the carrying out of activities by the holder of the interest.
(6)The resumption notice for the taking of land may provide for the extinguishment of mining tenement interests by reference to either or both of the following—
(a)stated land, which—
(i)may be all or part of the land that is taken; and
(ii)if the stated land is only part of the land that is taken—may be described in the resumption notice in any way, including, for example—
(A)as a shape that does not constitute a block or sub-block; or
(B)by using 3 dimensionally located points to identify the position, shape and dimensions of each boundary;
(b)stated mining tenement interests, which may be all mining tenement interests or mining tenement interests of a particular type.
(7)For the taking of land for which mining tenement interests are extinguished as provided by this section—
(a)each person’s interest in an extinguished mining tenement interest is converted into a right to claim compensation under the resumption law; and
(b)the resumption law applies with necessary and convenient changes and with the changes mentioned in subsections (8) and (9) and section 10AAD.
(8)The notice of intention to resume for the proposed taking of the land must state the extent to which the mining tenement interests are proposed to be extinguished.
(9)The entity taking the land must give the chief executive a written notice that—
(a)states the details of the extinguishment; and
(b)asks for the extinguishment to be recorded in the register; and
(c)is accompanied by a certified copy of the resumption notice.
(10)In this section—
certified copy, of the resumption notice, means a copy of the original of the notice that has been certified by a justice of the peace as being a correct copy of the original notice.
relevant Minister, for the taking of land under a resumption law, means—
(a)if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the Minister to whom the application that the land be taken is made under section 9 of that Act; or
(b)otherwise—the Minister administering the resumption law under which the land is, or is to be, taken.

10AAB Effect of extinguishment of mining tenement interests on the taking of land in a mining tenement’s area (other than by an easement)

(1)This section applies if, under section 10AAA, the resumption notice for the taking of land (other than by taking or otherwise creating an easement) under a resumption law provides for the extinguishment of mining tenement interests for stated land.
(2)If the resumption notice states that all mining tenement interests relating to the stated land are extinguished and a mining tenement interest relates only to the stated land, the interest is wholly extinguished.
(3)If the resumption notice states that all mining tenement interests relating to the stated land are extinguished and a mining tenement interest relates to the stated land and other land—
(a)the stated land is no longer the subject of the interest; and
(b)without limiting paragraph (a)—
(i)the stated land is excluded from the area of the mining tenement comprising the interest, or under or in relation to which the interest exists; and
(ii)this Act applies in relation to the area of the mining tenement with necessary and convenient changes to allow for the exclusion of the stated land, including, for example, to allow the area—
(A)to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; or
(B)to comprise land that is not contiguous; and
(iii)for this Act, land in the area of the mining tenement is taken to be contiguous if the land would be contiguous but for the exclusion of the stated land.
(4)If the resumption notice states that the carrying out of stated activities on the stated land by holders of stated mining tenement interests is prohibited, the holder of a stated mining tenement interest is not, or is no longer, authorised to carry out the stated activities on the stated land.
(5)However, subsections (3) and (4) do not apply in relation to a mining tenement interest that comprises, or exists under or in relation to, a new or renewed mining tenement granted after the land is taken.

10AAC Applications relating to land taken under a resumption law for which mining tenement interests were extinguished

(1)The decision-maker for an application for a new mining tenement may, under a grant provision, grant a new mining tenement for an area that includes acquired land only if the decision-maker, after consulting the entity that took the land, is satisfied the grant of the tenement is compatible with the purpose for which the land is being or is to be used.
(2)If there are 2 or more applications under this Act for the grant, under a grant provision, of a new mining tenement for an area that includes the same acquired land, the applications are to be dealt with as follows—
(a)the applications must be considered and decided according to the day on which they are lodged;
(b)if the applications were lodged on the same day—
(i)they take the priority the decision-maker decides, after considering the relative merits of each application; and
(ii)the chief executive must give each applicant a written notice stating there is competition for priority between the applicant’s application and another application, or other applications, lodged on the same day as the day on which the applicant’s application was lodged.
(3)If a grant provision provides for the grant of a new mining tenement (the new tenement) over land in the area of an existing mining tenement (the existing tenement)—
(a)the application under this Act for the new tenement may include acquired land that was, immediately before the taking of the land, in the existing tenement’s area; and
(b)subject to subsections (1) and (2), the decision-maker for the application may grant a new tenement for an area that includes the acquired land as if the acquired land were in the existing tenement’s area.
(4)To remove any doubt, it is declared that this section does not affect the operation of the provisions of this Act about the application for, and grant of, a new mining tenement other than to the extent provided for in subsections (1) to (3).
(5)In this section—
decision-maker, for an application for a new mining tenement, means the entity responsible for granting the tenement.
grant provision means a provision of this Act providing for the grant of a new mining tenement.
new mining tenement includes a renewed mining tenement.

10AAD Compensation for effect of taking of land in a mining tenement’s area on mining tenement interests

(1)This section applies if land in a mining tenement’s area is taken under a resumption law (including by taking or otherwise creating an easement).
(2)In assessing any compensation to be paid to the holder of a mining tenement interest in relation to the taking of the land, allowance can not be made for the value of minerals known or supposed to be on or below the surface of, or mined from, the land.

10AAJoint holders of mining tenement

(1)A mining tenement may be held by 2 or more persons as joint tenants or as tenants in common.
(2)If—
(a)any of the following applications are made for more than 1 proposed holder or transferee—
(i)an application for a mining tenement;
(ii)an application transfer;
(iii)an application to register a transfer of a mining tenement under the Common Provisions Act; and
(b)the application does not show whether the proposed holders or transferees are to hold as joint tenants or as tenants in common; and
(c)the mining tenement or approval is granted;

the chief executive must record in the register that the holders or transferees hold the mining tenement as tenants in common.

(3)In this section—
mining tenement includes an interest in a mining tenement.

10AExtension of certain entitlements to registered native title bodies corporate and registered native title claimants

(1)To the extent that a provision of chapter 2, other than section 19(1) or 34, applies to a prospecting permit granted only for pegging purposes, a reference in the provision to the owner of land is taken to include a reference to any registered native title body corporate under the Commonwealth Native Title Act in relation to any of the land.
(2)To the extent that section 31 applies to a prospecting permit granted other than only for pegging purposes, a reference in the section to the owner of land is taken to include a reference to any registered native title body corporate or registered native title claimant under the Commonwealth Native Title Act in relation to any of the land.
(3)In sections 34, 125, 231(9) and 317 and chapter 13, part 2 a reference to the owner of land is taken to include a reference to any registered native title body corporate or registered native title claimant under the Commonwealth Native Title Act in relation to any of the land.
(4)In section 386X, and schedule 1 other than schedule 1, section 4, a reference to the owner of land is taken to include a reference to any registered native title body corporate or registered native title claimant under the Commonwealth Native Title Act in relation to any of the land.
(5)In this section—
pegging purposes, in relation to a prospecting permit, means purposes necessary to enable the holder of the permit to apply for a mining claim or mining lease over the land for which the permit is granted.

Part 6 Mining districts

11Mining districts

(1)The chief executive may by gazette notice declare an area of land to be a mining district.
(2)The notice must—
(a)state the name of the mining district; and
(b)give a description, by map or otherwise, of the location and boundaries of the mining district.

Chapter 2 Prospecting permits

Part 1 Prospecting permit categories and entitlements

13Definition for pt 1

In this part—
holder, of a prospecting permit, includes a person who is an officer, employee, contractor or agent of the holder if the person is in actual possession of—
(a)the permit; or
(b)the holder’s written permission for the person to do something the holder may do under the permit.

14Categories of prospecting permit

(1)A prospecting permit may be granted for—
(a)a mining district; or
(b)a lot; or
(c)2 or more adjoining lots owned by the same person.
(2)A prospecting permit under subsection (1)(a) is a district prospecting permit.
(3)A prospecting permit under subsection (1)(b) or (c) is a parcel prospecting permit.

15Area of land covered by parcel prospecting permit

(1)A parcel prospecting permit may be granted for all or part of the land of a lot, or 2 or more adjoining lots owned by the same person.
(2)More than 1 parcel prospecting permit may be granted over a lot, or 2 or more adjoining lots owned by the same person.
(3)If an application for a parcel prospecting permit is for only part of the land of a lot, or 2 or more adjoining lots owned by the same person, the permit may be granted for all of the area.

16Land excluded from prospecting permit

(1)Land is excluded from a prospecting permit if—
(a)it is in the area of a mining claim, mineral development licence or mining lease; or
(b)it is covered by an application for a mining claim, mineral development licence or mining lease that has not been finally decided.
(2)Also, a prospecting permit may be granted for all or part of a fossicking area only if the application for the permit was made, but not decided, before the land became a fossicking area.
(3)However, if the holder of, or applicant for, the mining claim, mineral development licence or mining lease consents in writing to an application for a prospecting permit for land in the area of or covered by the claim, licence or lease, this section does not apply to the application to the extent stated in the consent.
(4)In addition, this section does not apply if—
(a)the prospecting permit holder is the applicant for the mining claim, mineral development licence or mining lease; and
(b)there is no other application for a claim, licence or lease for land in the area of the prospecting permit.

17Prospecting permit to be granted to a single person

A prospecting permit may only be issued in the name of a single eligible person.

18Entitlements under prospecting permit

(1)A holder of a prospecting permit for land may enter the land for—
(a)purposes necessary to enable the holder to apply for a mining claim or mining lease over the land; or
(b)prospecting purposes; or
(c)hand mining for a mineral other than coal.
(2)The holder may—
(a)enter and leave the land using a reasonable type of transport; and
(b)enter and leave the land through land the permit states is access land.

19Consent required to enter certain land

(1)A parcel prospecting permit holder may enter the surface of a reserve for prospecting purposes only with the written consent of the owner of the reserve.
(2)A district prospecting permit holder may enter the surface of occupied land only with the written consent of the owner of the land.
(3)Also, a prospecting permit holder may enter occupied land for hand mining only with the written consent of the owner of the land.
(5)Further, a prospecting permit holder may enter land within 50m laterally of a place where activities are being carried on under an exploration permit only with the written consent of the exploration permit holder.

20Provisions about consents to enter land

(1)This section applies to consents for a prospecting permit holder to enter land.
(2)In the absence of evidence to the contrary, the consent of an owner who is a joint tenant or tenant in common with other owners, is taken to be the consent of all the owners.
(3)If the owner of land can not be easily contacted, a consent may be given for the land by the land’s occupier.

Examples of the owner not being easily contacted—

1The owner does not live in Australia and there is no known current overseas address for the owner.
2The owner is travelling in Australia and there is no known current address for the owner.
(4)Consent under this section may be given on conditions.
(5)The holder of a consent must comply with the consent’s conditions.

Maximum penalty for subsection (5)—10 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 412B, to have also committed the offence.
(6)A consent given for land may be amended or withdrawn by the land’s owner (or, if given by the occupier, the occupier) by written notice given to the holder and the chief executive.

Note—

For other relevant provisions about giving the chief executive documents, see section 386O.
(7)Subsection (6) applies despite the Common Provisions Act, section 70.

Part 2 Other provisions about prospecting permits

21Application for prospecting permit

An application for a prospecting permit for land must—
(a)be made in the approved form and lodged with the chief executive; and
(b)be accompanied by—
(i)proof, to the chief executive’s satisfaction, of the applicant’s identity; and
(ii)the fee prescribed under a regulation; and
(c)state the applicant’s name, and address for service of notices; and
(d)if the application is for a parcel prospecting permit—
(i)identify, by sketch and description, or in another way acceptable to the chief executive, the land over which the permit is sought and land proposed to be used as access; and
(ii)state the name and address of each owner of occupied land over which the permit is sought; and
(iii)state the name and address of each owner of land proposed to be used as access.

22Reason for rejection of application to be given

If the chief executive rejects an application for the grant of a prospecting permit, the chief executive must, within 5 business days after deciding to reject, give the applicant a written notice stating the decision and the reasons for it.

23Refund upon rejection of application

If the chief executive rejects an application for the grant of a prospecting permit the application fee and any other moneys that accompanied the application for the permit shall be refunded to the applicant.

24Grant of prospecting permit

(1)The chief executive may grant a prospecting permit for land if the chief executive is satisfied an eligible person has—
(a)made a genuine application that complies with this chapter, and otherwise complied with the requirements of this Act; and
(b)deposited the amount of security required to be deposited for the permit.

Note—

If the application relates to acquired land, see also section 10AAC.
(2)If the chief executive is of the opinion that an applicant for a prospecting permit had previously contravened or failed to comply with any provision of this Act, the repealed Acts, any other Act about mining or the Fossicking Act 1994, the chief executive may, whether or not that person had been charged or convicted of an offence in respect of that contravention or failure to comply, reject the application.
(3)For subsection (2), a company is taken to have contravened a provision of this Act if the person contravening the provision is—
(a)an officer or employee of the company; or
(b)someone else who is in a position to control or substantially influence the company’s affairs.

24ADetails of prospecting permit to be recorded in register

The chief executive must record in the register the following details of a prospecting permit—
(a)the identification number of the permit;
(b)the name of the holder;
(c)the address for service of notices on the holder;
(d)the description of land for which the permit is granted;
(e)the term and date of commencement of the permit;
(f)the conditions, other than conditions prescribed under this Act, to which the permit is subject.

25Conditions of prospecting permit

(1)It is a condition of each prospecting permit that the holder must carry out improvement restoration for the permit.
(2)A prospecting permit shall be subject to any prescribed conditions and such other conditions as the chief executive shall from time to time impose.
(3)In imposing conditions upon the grant of a prospecting permit the chief executive shall take into consideration the possible effect upon the owner of the land of the grant of the permit having regard to the holder’s entitlements under that permit and any other subsisting permits.
(4)The chief executive may from time to time, by notice in writing to the holder of a prospecting permit vary any condition imposed by the chief executive.
(5)Despite subsections (2) to (4), a condition must not be imposed, prescribed or varied if the condition, or the condition as varied, is the same, or substantially the same, or inconsistent with, a prescribed condition under the Environmental Protection Act for carrying out a small scale mining activity.
(6)The holder of a prospecting permit and all persons acting under the authority of the permit shall comply with the conditions for the time being of the permit of which notice has been served on the holder.
(7)To remove doubt, it is declared that a condition may limit the extent of the holder’s entitlements under section 18(1).

25AAAdditional conditions of prospecting permit relating to native title

(1)Conditions imposed on a prospecting permit by the chief executive under section 25(2) may include native title protection conditions for the permit.
(2)Subsection (1) does not limit section 25(2).
(3)In this section—
native title protection conditions, for a prospecting permit, means conditions that—
(a)are about ways of minimising the impact of the permit on native title in relation to the land affected by the permit, including ways of accessing the land and ways anything authorised under the permit may be done; and
(b)are identified in the permit as native title protection conditions for the permit.

25AIndigenous land use agreement conditions

(1)This section applies if—
(a)a registered indigenous land use agreement under the Commonwealth Native Title Act provides for the granting of a prospecting permit; and
(b)the State is a party to the agreement; and
(c)the agreement includes a requirement that, if the prospecting permit is granted, it must be granted subject to conditions stated in the agreement (the stated conditions); and
(d)the prospecting permit is granted.
(2)The prospecting permit is subject to the stated conditions.
(3)The stated conditions are taken to be conditions of the permit of which notice has been served on the holder of the prospecting permit.

26Provision of security

(1)A prospecting permit shall not be granted until the applicant for the permit deposits the security (if any) determined by the chief executive for compliance with the conditions of the prospecting permit and the provisions of this Act and to rectify any actual damage that may be caused by any person whilst purporting to act under the authority of the permit to pre-existing improvements for the permit.
(2)If the chief executive fixes an amount of security under subsection (1), the amount must not be less than the amount prescribed under a regulation.
(3)The owner of any land may apply in writing to the chief executive to rectify the damage referred to in subsection (1) that has been caused by any activity allegedly authorised under a prospecting permit in respect of that land.
(4)If the chief executive is satisfied (whether or not upon an application referred to in subsection (3)) that damage referred to in subsection (1) has been caused by any person purporting to act under the authority of a prospecting permit the chief executive shall require that person to take all action necessary to rectify that damage.
(5)The chief executive may, at any time (whether before or after the expiry or cancellation of a prospecting permit), use all or part of the security deposited for the permit to rectify actual damage caused by someone acting under the permit.
(6)If, at any time (whether during or within 20 business days after the expiration of the term of a prospecting permit) the amount or any part of the amount deposited under this section is utilised as provided by subsection (5) or the chief executive considers that, in view of the damage caused or likely to be caused by any person purporting to act under the authority of the prospecting permit or for any other reason, a further amount of security should be deposited in respect of that prospecting permit, the chief executive shall require the holder or former holder of the prospecting permit, within the time specified by the chief executive, to deposit the further security.
(7)The chief executive may accept a bond or a guarantee or indemnity by, or other financial arrangement with, a financial institution, insurance company or another credit provider approved by the chief executive or other form of security acceptable to the chief executive as the whole or part of the security to be deposited under this section.
(8)It shall be a condition of a prospecting permit that the holder shall deposit security or further security from time to time in accordance with a requirement made as provided by this section.
(9)Subsection (10) applies if an amount of security deposited by a holder of a prospecting permit has not been used when the permit terminates and—
(a)for a parcel prospecting permit—the owner of the occupied land in the area of the permit—
(i)gives the chief executive written approval to refund the security; or
(ii)does not make a claim against the security within—
(A)20 business days after the termination; or
(B)a longer period (of not more than 3 months) fixed by the chief executive by written notice given to the permit holder and owner; or
(b)for a district prospecting permit—an owner of land in the area of the permit does not make a claim against the security within—
(i)20 business days after the termination; or
(ii)a longer period (of not more than 3 months) fixed by the chief executive by written notice given to the permit holder and owner.
(10)After deducting the amount the chief executive considers should be held for use under subsection (5), the chief executive may refund the balance of the security.
(11)The chief executive must refund the amount to the permit holder or in accordance with any written direction the holder gives the chief executive.
(12)In the absence of evidence to the contrary, the approval of an owner who is a joint tenant or tenant in common is taken to be the approval of all the owners for subsection (9)(a)(i).
(13)Subsection (10) does not limit the chief executive’s powers under subsection (15).
(14)If—
(a)a prospecting permit holder applies for a mining claim or mining lease; and
(b)the application has not been finally decided when the permit is terminated; and
(c)after the application is decided, an amount held as security under this section is not held as security for the claim or lease;

the amount may be refunded under subsection (9).

(15)If the chief executive accepts a bond, guarantee or indemnity by, or another financial arrangement with, a financial institution, insurance company or credit provider as security under this section, any amount payable to the holder under subsection (9) or (10) must be refunded to the financial institution, insurance company or credit provider and not to the holder of the prospecting permit to which the security relates.

27Utilisation of security deposit towards subsequent prospecting permit

If the holder of a prospecting permit or an expired prospecting permit makes application for a further prospecting permit, the chief executive may, instead of refunding the whole or part of the security deposited in respect of the existing or expired permit, retain that security or part thereof (together with any further security fixed by the chief executive) as the security (in which case it shall be taken to be or to be part of the security) deposited by the applicant in respect of the application for the further prospecting permit.

28Compensation

(1)Notwithstanding section 26, the Crown or an owner is entitled to recover, from time to time in the Land Court, compensation in respect of damage or injury suffered or loss incurred by reason of a person acting or purporting to act under the authority of a prospecting permit but any moneys paid under that section in respect of rectification of damage the subject of the proceeding shall be taken into account in assessing any compensation.
(2)The holder of a prospecting permit is not liable under this section in respect of damage or injury or loss caused by another person who is not a holder and is not a person authorised by the holder to be in the area of the prospecting permit.

29Term of prospecting permit

(1)A prospecting permit may be granted for—
(a)if it is a district prospecting permit—1 or more months but not longer than 1 year; or
(b)if it is a parcel prospecting permit—3 months.
(2)A prospecting permit’s term must not start before the day the permit is granted.

30Rights and obligations extended upon application for mining claim etc.

(1)The holder of a prospecting permit who, during the term of the prospecting permit, makes application for the grant of—
(a)a mining claim; or
(b)a mining lease;

in respect of any land in the area of the prospecting permit, shall, during the period from the expiration of the prospecting permit until the determination of the application, for so long as the provisions of this Act and the terms and conditions that would apply if the permit were current are complied with, have all the responsibilities, powers, authorities and duties that the holder would have had in respect of the land the subject of the application if the prospecting permit was current.

(2)The entitlements of the holder of a prospecting permit are not reduced or limited by reason only of the holder’s application for the grant of a mining claim or a mining lease in respect of any land in the area of the prospecting permit.

31Chief executive to notify owners of occupied land of grant of parcel prospecting permit

(1)Upon granting a parcel prospecting permit, the chief executive must, within 5 business days after the grant, advise the owner of any occupied land specified in the permit including occupied land (other than a reserve for public road) specified as access.
(2)Where advice is not in writing, the advice shall be confirmed in writing as soon as practicable.

32Notice of entry under parcel prospecting permit

(1)A parcel prospecting permit holder must give the owner of the land in the area of the permit notice of entry before initial entry is made under the permit.
(2)The notice must be given at least 5 business days before the intended entry (or a shorter time acceptable to the owner and endorsed on the notice).
(3)If the owner can not be easily contacted, the holder may notify the occupier of the land of the intended entry.

Examples of the owner not being easily contacted—

1The owner does not live in Australia and there is no known current address for the owner.
2The owner is travelling within Australia and there is no known current address for the owner.
(4)However, subsection (1) does not apply to a parcel prospecting permit holder if—
(a)the holder satisfies the chief executive it is impracticable to give either the owner or occupier notice of the intended entry; and
(b)the chief executive decides to not require the holder to give notice of the intended entry; and
(c)the chief executive’s decision is recorded in the register.
(5)Before recording the decision in the register, the chief executive may require the holder to take the action the chief executive considers appropriate to publicise the intended entry, including, for example, publishing an advertisement in a newspaper or other publication.

33Prospecting permit not transferable

A prospecting permit is not transferable.

34Report to chief executive by owner of land

(1)Where a person purports to enter or be upon land under the authority of a prospecting permit, the owner of that land who considers that that person is not authorised to enter or be upon that land or is not complying with any condition of the prospecting permit or of any provision of this Act may report accordingly to the chief executive.
(2)The chief executive shall have the report investigated and shall advise the owner of land who reports under subsection (1) of any action taken upon the report.

36Cancellation of prospecting permit

(1)The chief executive may at any time, by notice in writing in the approved form served on the holder of a prospecting permit or other person apparently acting under the authority of the permit, cancel the permit.
(2)A notice cancelling a prospecting permit served pursuant to subsection (1) shall state the reasons for the cancellation.

37Surrender of prospecting permit

The holder of a prospecting permit may, at any time before the expiration of its term, by notice in writing to the chief executive surrender the permit.

38Appeals about prospecting permits

(1)A person whose interests are adversely affected by a decision to which this section applies (the aggrieved person) may appeal against the decision to the Land Court.
(2)This section applies to the following decisions of the chief executive—
(a)a decision to refuse to grant a prospecting permit;
(b)a decision to impose a condition on a prospecting permit;
(c)a decision to vary a condition imposed on a prospecting permit;
(d)a decision to require an applicant for, or holder of, a prospecting permit to deposit security;

Note—

For the provision of security, see section 26.
(e)a decision about the use of security deposited by a prospecting permit holder towards rectification of damage caused by noncompliance with permit conditions;
(f)a decision to cancel a prospecting permit.

39How to start an appeal

(1)An appeal is started by filing a written notice of appeal with the chief executive.
(2)The notice of appeal must be filed within 20 business days after the aggrieved person receives notice of the decision appealed against.

Note—

For other relevant provisions about filing documents, see section 386O.
(3)However, if—
(a)the decision did not state the reasons for the decision; and
(b)the person asked for a statement of reasons for the decision within the period mentioned in subsection (2);

the person may make the application within 20 business days after the person is given the statement of reasons.

(4)In addition, the Land Court may extend the period for filing the notice of appeal.
(5)The notice of appeal must state the grounds of appeal.

40Stay of operation of decisions

(1)The Land Court may stay a decision appealed against to secure the effectiveness of the appeal.
(2)A stay—
(a)may be given on conditions the Land Court considers appropriate; and
(b)operates for the period fixed by the Land Court; and
(c)may be revoked or amended by the Land Court.
(3)The period of a stay fixed by the Land Court must not extend past the time when the Land Court decides the appeal.
(4)A decision, or the carrying out of a decision, is affected by the starting of an appeal against the decision only if the decision is stayed.

41Hearing procedures

(1)In deciding an appeal, the Land Court—
(a)is not bound by the rules of evidence; and
(b)must observe natural justice.
(2)An appeal is by way of rehearing.

42Powers of Land Court on appeal

(1)In deciding an appeal, the Land Court may—
(a)confirm the decision appealed against; or
(b)set the decision aside and substitute another decision; or
(c)set aside the decision and return the issue to the chief executive with directions the Land Court considers appropriate.
(2)In substituting another decision, the Land Court has the same powers as the chief executive.

Example—

The Land Court may decide that an unsuccessful applicant for a prospecting permit be granted the permit and impose conditions on it.
(3)If the Land Court substitutes another decision, the substituted decision is taken to be the decision of the chief executive.

43Minerals taken become property of holder of prospecting permit

All minerals mined as a result of hand-mining activities lawfully carried on under the authority of a prospecting permit cease to be the property of the Crown or the person who had property therein and become the property of the holder of the prospecting permit subject however to the rights to royalty payments under this Act of the Crown or any other person.

44Royalties in respect of minerals taken under prospecting permit

The holder of a prospecting permit shall pay in respect of all minerals mined or purported to be mined under the authority of that prospecting permit, the royalty prescribed pursuant to chapter 11.

46Producing prospecting permit

(1)This section applies if—
(a)a person purports to enter or be on land under the authority of a prospecting permit; and
(b)the owner of the land, or an agent of the owner, asks the person for proof of the person’s authority to enter or be on the land.
(2)The person must produce the prospecting permit, or a copy of the permit, to the owner or agent.
(3)If the person fails to comply with subsection (2), the person does not have any entitlements under this Act during the period of the person’s noncompliance.
(4)In this section—
copy, of a prospecting permit, includes an extract from the register of the details of the permit recorded in the register.

47Staying on occupied land

(1)A person entitled to enter occupied land under a district prospecting permit must not enter land at night without the written consent of the land’s owner.

Maximum penalty—10 penalty units.

(2)A person entitled to enter occupied land under a parcel prospecting permit must not enter the land at night without the written consent of the land’s owner or the chief executive.

Maximum penalty—10 penalty units.

(3)In the absence of evidence to the contrary, the consent of an owner who is a joint tenant or tenant in common is taken to be the consent of all the owners.
(4)If the owner of land can not be easily contacted, a consent may be given for the land by the land’s occupier.

Examples of the owner not being easily contacted—

1The owner does not live in Australia and there is no known current address for the owner.
2The owner is travelling within Australia and there is no known current address for the owner.
(5)Consent under this section may be given on conditions.
(6)The chief executive’s consent and any consent conditions must be recorded in the register.
(7)A person who enters occupied land at night with a consent under this section must comply with conditions imposed by the owner or occupier of the land or the chief executive.

Maximum penalty—10 penalty units.

Chapter 3 Mining claims

48Grant of mining claim

(1)A mining claim may be granted over an area of land to an eligible person.

Note—

See section 61 for the requirements for making an application for the grant of a mining claim.
(2)The area of the mining claim must include the whole of the surface area of the land within the area of the mining claim.

Note—

See, however, section 10AAB(3) if land in the area of the mining claim is taken under a resumption law.

49Only eligible persons to hold mining claims

A mining claim shall not be held by a person who is not an eligible person.

50Entitlements under mining claim

(1)During the currency of a mining claim, the holder of the mining claim and any person who actually works the mining claim as agent or employee of the holder—
(a)may in, on or under the area of the mining claim—
(i)prospect for any mineral to which the mining claim applies; and
(ii)for a mining claim other than a prescribed mining claim—hand mine in accordance with the conditions of the mining claim any mineral to which the mining claim applies; and
(iii)for a prescribed mining claim—mine in accordance with the conditions of the mining claim any mineral to which the mining claim applies; and
(b)for the purpose of prospecting or mining as provided in paragraph (a) may—
(i)enter that area; and
(ii)use such machinery, mechanical devices or other equipment as are authorised under this Act to be used for that purpose; and
(iii)erect and maintain a structure (including, where authorised so to do by the mining claim, a temporary residence for a person who is bona fide using the area of the mining claim for a purpose for which it was granted) not being of a permanent nature on that area; and
(c)for the purpose of mining as provided in paragraph (a)(ii) or (iii), may, subject to compliance with the conditions of the mining claim and any other Act or law, make moderate use of explosives where the mining claim specifically authorises that use.
(2)During the currency of the mining claim, the rights of the holder relate, and are taken to have always related, to the whole of the area of the claim.
(3)During the currency of a mining claim, a person who delivers goods or substances or provides services to the holder may enter that area for that purpose.
(4)Where any Act provides that water may be diverted or appropriated only under authority granted under that Act, the holder of a mining claim shall not divert or appropriate water unless the holder holds that authority.
(5)In this section—
prescribed mining claim means a mining claim that—
(a)applies to corundum, gemstones or other precious stones, and the area of which has been decided by the Minister under section 53; or
(b)has been converted from a mining lease under section 816.

51Land for which mining claim not to be granted

(1)A mining claim may not be granted for land in the area of or covered by—
(a)an existing mining claim; or
(b)a mining lease; or
(c)a mineral development licence; or
(d)an earlier application for a mining claim, mineral development licence or mining lease that has not been finally decided or withdrawn; or
(e)an exploration permit or earlier application for an exploration permit unless the applicant for the claim gives the chief executive the written consent of the holder of, or applicant for, the permit on or before the last objection day.
(1A)However, subsection (1)(e) does not apply to land in the area of or covered by an exploration permit, or earlier application for an exploration permit, if the applicant for the mining claim is the same person as the holder of, or applicant for, the exploration permit.
(2)A mining claim may be granted over the surface of land that is restricted land when the application for the claim was lodged only if—
(a)each relevant owner for the restricted land consents in writing to the application; and
(b)the applicant lodges each relevant owner’s consent with the chief executive before the last objection day ends.
(3)A relevant owner for restricted land can not withdraw his or her consent under subsection (2) once it has been lodged with the chief executive.
(4)In this section—
relevant owner, for restricted land, has the meaning given under the Common Provisions Act, section 69.

52No mining claim in respect of coal

A mining claim may be granted in respect of any specified minerals other than coal.

53Area and shape of mining claim land

(1)Subject to subsection (1A), the land for which a mining claim may be granted—
(a)must be—
(i)rectangular in shape; or
(ii)of the dimensions prescribed under a regulation; and
(b)must be more or less the prescribed area.
(1A)For a mining claim that applies to corundum, gemstones or other precious stones, the Minister also may grant the claim for an area, of not more than 20ha, decided by the Minister (the decided area).
(2)Despite subsection (1)(a), the Minister may, for a particular mining claim for which an area is not decided by the Minister, accept an application for a mining claim over land of a different shape.
(2A)In deciding the area of a mining claim for subsection (1A), the Minister must have regard to—
(a)whether the area of land is mineralised; and
(b)whether the area of land is of an appropriate size and shape in relation to the mineralisation; and
(c)the type and location of activities to be carried out under the mining claim.
(3)The prescribed area of the land over which a mining claim for which an area is not decided by the Minister may be granted is—
(a)1ha; or
(b)where the land is within a mining district or part of a mining district in respect of which, for the purposes of this section, an area is prescribed by regulation, that area;

whichever is the smaller.

(3A)Subsection (3B) applies to a mining claim for which an area is decided by the Minister if the land to which the mining claim applies is within an area prescribed by regulation under subsection (3)(b).
(3B)Despite subsection (1A), the Minister can not decide an area for the mining claim that is more than the area prescribed by regulation.
(4)Where it is found that the area of a mining claim exceeds the prescribed area or the decided area, the mining claim is not thereby invalidated but the following provisions of this subsection shall be complied with.
(5)The chief executive must notify the holder that the land exceeds the prescribed area or decided area.
(6)If at the expiration of 20 business days after the giving of a notice pursuant to subsection (5)—
(a)the mining claim has not been varied, by agreement between the Minister and the holder, to reduce the area of land to or to less than the prescribed area or decided area; or
(b)the holder has not made application to the Land Court to determine whether the subject area exceeds the prescribed area or decided area or to determine the variation thereof to reduce the area to the prescribed area or decided area;

the Minister shall without further notice cancel the mining claim.

54Mining claim over reserve only with consent

A mining claim shall not be granted over land that is a reserve except with—
(a)the consent of the owner of that land; or
(b)the consent of the Governor in Council.

55Restriction upon number of mining claims

(1)A person shall not at any time be the holder of or have an interest, direct or indirect, in more than 2 mining claims.
(2)The Minister may call upon a person to show cause why a mining claim or interest held by that person in contravention of subsection (1) should not be cancelled.
(3)If the Minister is not satisfied that there is good reason why the Minister should not do so, the Minister may cancel the mining claim or interest.
(4)Where, pursuant to subsection (3) an interest only in a mining claim is cancelled, each holder of any other interest in the mining claim shall hold an interest in the mining claim in the same proportion that the holder’s original interest bears to the aggregate of the remaining interests.

61Application for grant of mining claim

(1)An application for the grant of a mining claim must—
(a)be in the approved form; and
(b)specify the name of each applicant; and
(c)specify the name and address for service of 1 person upon whom any notice may be served on behalf of the applicant or the applicants; and
(d)describe all parcels of land the whole or part of which are the subject of the application and specify the names and addresses of the owner or owners of the land and of land which is to be used as access thereto; and
(e)define the boundary of the area of the proposed mining claim; and

Note—

Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.
(f)define the boundary of any area of land outside the area of the proposed mining claim intended to be used to access the proposed claim area; and
(g)be accompanied by a visual representation of the boundaries and land mentioned in paragraphs (e) and (f); and
(h)identify the mineral or minerals in respect of which the mining claim is sought; and
(i)be lodged; and
(j)be accompanied by each of the following—
(i)proof to the satisfaction of the chief executive of the identity of the applicant;
(ii)such additional copies of the application and other documents lodged therewith as the chief executive requires;
(iii)the prescribed application fee;
(iv)a work program for the activities to be carried out under the mining claim;
(v)if the application is for a mining claim for which the Minister is to decide an area under section 53—information about the matters mentioned in section 53(2A) for the mining claim.
(2)A person who lodges an application for the grant of a mining claim must provide the chief executive with such information and particulars relating to the requirements set out in subsection (1) as the chief executive requires and on failure to provide that information the chief executive may reject the application.
(3)The chief executive may reject an application for a mining claim in respect of land the whole or part of which appears, on the evidence available to the chief executive, to be the subject of a mining claim, mineral development licence or mining lease or of an application for the grant of a mining claim, mineral development licence or mining lease.
(4)For the purposes of subsection (3) where a mining claim, mineral development licence or mining lease is terminated or an application for a mining claim, mineral development licence or mining lease is abandoned or rejected, the relevant land shall be deemed to continue to be subject to the mining claim, mineral development licence, mining lease or application until the day next following that termination, abandonment or rejection.

63Priority of mining claim applications

(1)Applications made under this Act for the grant of mining claims for the same land must be considered and decided according to the day on which they are lodged.
(2)If the applications were lodged on the same day—
(a)they take the priority the Minister decides, after considering the relative merits of each application; and
(b)the chief executive must give each applicant a written notice stating there is competition for priority between the applicant’s application and another application or other applications lodged on the same day as the day on which the applicant’s application was lodged.

64Issue of mining claim notice

(1)This section applies if the chief executive is satisfied an applicant for a proposed mining claim—
(a)is eligible to apply for the mining claim; and
(b)has complied with the requirements of this Act for the application.
(2)The chief executive must give the applicant a written notice for the application (the mining claim notice).
(3)The mining claim notice must state the following—
(a)the number of the proposed mining claim;
(b)the date and time the application was lodged;
(c)any documents or other information, in addition to the documents mentioned in section 64A(1)(a), (b) and (d), the applicant must give to each affected person within the meaning of section 64A;
(d)the last day (the last objection day) for lodging objections to the application.
(4)The last objection day must be at least 20 business days after the notice is given to the applicant.

64ADocuments and other information to be given to affected persons

(1)The applicant for a proposed mining claim must give the following documents and information to each affected person—
(a)the mining claim notice;
(b)the application for the mining claim;
(c)any other documents or information mentioned in the mining claim notice under section 64(3)(c);
(d)if the mining claim is for carrying out small scale mining activities—a copy of the small scale mining code.
(2)The documents and other information must be given within the later of the following periods to end—
(a)5 business days after the mining claim notice is given to the applicant;
(b)if the chief executive at any time decides a longer period—the longer period.
(3)In this section—
affected person means—
(a)an owner of land the subject of the proposed mining claim; or
(b)an owner of land necessary for access to land mentioned in paragraph (a); or
(c)the relevant local government.

64BDeclaration of compliance with obligations

(1)The applicant for a proposed mining claim must give the chief executive a statutory declaration that the applicant has complied with section 64A.
(2)The declaration must be given within the later of the following periods to end—
(a)5 business days after the last objection day for the application for the mining claim;
(b)if the chief executive at any time decides a longer period—the longer period.
(3)Until the declaration is given—
(a)the Minister must not grant the mining claim; and
(b)the Land Court may refuse to hear any matter about the application.

64CContinuing obligation to notify

(1)This section applies for an application for a proposed mining claim if, after the last objection day but before the hearing day for the application, the applicant gives the chief executive an additional document about the application.
(2)The applicant must give a copy of the document to each affected person within the meaning of section 64A.

65Chief executive may call conference in some cases

(1)This section applies if—
(a)within 5 business days before the last objection day for an application for a mining claim (or a shorter period allowed by the chief executive), an owner of land affected by the application gives the chief executive a written request for a conference, stating the things the owner wants to discuss about the application; or
(b)for another reason, the chief executive considers it desirable to call a conference to discuss things about a mining claim or an application for a mining claim.
(2)If subsection (1)(a) applies, the chief executive must call a conference about the application, by written notice given to the owner of the land and the applicant.
(3)If subsection (1)(b) applies, the chief executive may call a conference about the mining claim or application, by written notice given to—
(a)the owners of land affected by the mining claim or application; or
(b)the claim holder or applicant; or
(c)anyone else the chief executive considers should be given notice of the conference.
(4)The notice must state when and where the conference will be held, and what is to be discussed at the conference.
(5)If the conference is about an application, the conference must be held before the last objection day ends.

66Who may attend conference

(1)Apart from the chief executive, anyone given notice of a conference about an application for a mining claim or a mining claim (a section 65 conference) may attend and take part in the conference.
(2)Also, with the chief executive’s approval, someone else may be present to help a person attending the conference.
(3)However, a person may not be represented at the conference by a lawyer.

67What happens if someone does not attend

The chief executive may hold a section 65 conference even though someone given notice of the conference does not attend the conference.

68Chief executive’s function at section 65 conference

The chief executive must endeavour to help those attending a section 65 conference to reach an early, inexpensive settlement of the things discussed.

69Agreements and statements at section 65 conference

(1)If parties to a section 65 conference reach agreement about something discussed at the conference, the parties must—
(a)put the agreement into writing; and
(b)sign the agreement; and
(c)if the agreement is about an application for a mining claim—lodge it with the chief executive on or before the last objection day.
(2)A person attending or present at the conference must not disclose or publish anything said at the conference other than in an agreement mentioned in subsection (1).
(3)Nothing said by a person at the conference is admissible in a proceeding without the person’s consent.

70Land Court may award costs

(1)If—
(a)a person agrees to attend a section 65 conference but does not attend; and
(b)someone else does attend (the attending party);

the attending party may apply to the Land Court for an order requiring the person who did not attend to pay the attending party’s reasonable costs.

(2)If the Land Court orders a person to pay the attending party’s costs, the Land Court must decide the amount of the costs of attending.
(3)However, the Land Court must not order a person to pay costs if the Land Court is satisfied the person had a reasonable excuse for not attending the conference.

71Objection to application for grant of mining claim

(1)An owner of relevant land or the relevant local government may, on or before the last objection day ends, lodge a written objection in the approved form to an application for a mining claim.
(2)An owner of land who attends a conference about an application for a mining claim may, even though the time for objecting to the application has ended, lodge an objection to the application within 5 business days after—
(a)the day the conference ends; or
(b)if the applicant did not attend the conference—the day the owner attended the conference.
(3)An objection referred to in subsection (1) or (2) shall state the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds.
(4)Each objector to an application for the grant of a mining claim shall serve upon the applicant on or before the last date that the objector may lodge an objection to that application a copy of the objection lodged by the objector.
(5)In this section—
relevant land means the land the subject of the proposed mining claim or any other land necessary for access to that land.

71AObjection may be withdrawn

(1)An objection to an application for a mining claim may be withdrawn by the objector giving written notice of the withdrawal to—
(a)the chief executive; and
(b)if the objection has been referred to the Land Court under section 72
(i)the Land Court; and
(ii)the applicant.
(2)A withdrawal of an objection can not be revoked.

72Referral to Land Court of application and objections

(1)This section applies if a properly made objection to an application for the grant of a mining claim is lodged.
(2)The chief executive must, within 5 business days after the later of the following, refer the application and all properly made objections to it to the Land Court for hearing—
(a)the last objection day for the application;
(b)if an objection is lodged after the last objection day under section 71(2)—the time for lodging an objection under that subsection ends.
(3)The Land Court must fix a date for the hearing and immediately give written notice of the date to each of the following—
(a)the chief executive;
(b)the applicant;
(c)each person who has lodged a properly made objection to the application.
(4)The hearing date must be at least 20 business days after the later of the following—
(a)the last objection day for the application;
(b)the day a section 65 conference about the application ends.
(5)If all properly made objections referred to the Land Court under subsection (2) are withdrawn under section 71A before the Land Court gives an instruction or makes a recommendation to the Minister under section 78, the Land Court may remit the matter to the chief executive.
(6)In this section—
properly made objection means an objection—
(a)lodged under section 71; and
(b)for which section 71(4) has been complied with; and
(c)that has not been withdrawn.

73Rejection of application for grant of mining claim for noncompliance

(1)An application for the grant of a mining claim may be rejected by the Minister if the applicant fails to comply with any of the applicable provisions of this chapter.
(2)The Minister must, within 5 business days after deciding to reject, give the applicant written notice of the decision and the reasons for it.

74Grant of mining claim to which no objection is lodged

(1)This section applies to an application for a mining claim for land if—
(a)no-one objects to the application on or before the last objection day; and
(b)at least 5 business days have passed since the end of any section 65 conference about the application.
(2)The Minister may grant a mining claim for the land to an applicant for the mining claim only if the Minister is satisfied—
(a)the application complies with this chapter and the requirements of this Act have otherwise been complied with; and
(b)any consents needed in relation to the land have been obtained; and
(c)if the mining claim is for other than small scale mining activities—an environmental authority for all activities authorised by the proposed mining claim has been issued.

Note—

If the application relates to acquired land, see also section 10AAC.
(3)Without limiting subsection (2), the Minister may refuse to grant the mining claim if the Minister considers the grant is not in the public interest.
(4)The Minister must, within 5 business days after the grant, give the holder of the mining claim written notice of the grant.
(5)The holder must give written notice of the grant to the owners of land covered by the claim.
(6)The notice by the holder must be given within 20 business days after the holder receives notice of the grant.

75Referral to Land Court of application to which no objection lodged

(1)Despite section 74, the Minister may refer an application for the grant of a mining claim to the Land Court for hearing.
(2)The Land Court must fix a date for the hearing and immediately give written notice of the date to each of the following—
(a)the Minister;
(b)the applicant;
(c)the EPA administering authority.
(3)The date must be at least 20 business days after the later of the following—
(a)the last objection day for the application;
(b)the day a section 65 conference about the application ends.

76Referral to Land Court of issue of reserve owner’s consent

(1)This section applies if the Minister is not satisfied an owner of a reserve consented to an application for a mining claim over the reserve.
(2)The Minister must, within 5 business days after the later of the following, refer the issue of consent to the Land Court for its consideration—
(a)the last objection day for the application;
(b)the day a section 65 conference about the application ends.
(3)The Land Court must fix a date for the hearing and immediately give written notice of the date to each of the following—
(a)the Minister;
(b)the applicant;
(c)the EPA administering authority;
(d)the owner of the reserve.
(4)The date must be at least 20 business days after the later of the following—
(a)the last objection day for the application;
(b)the day a section 65 conference about the application ends.

77Land Court hearing

(1)The Land Court must hear and decide all issues in relation to an application for a mining claim and any objections to the application at the same hearing.
(2)At a hearing pursuant to subsection (1) the Land Court shall take such evidence, shall hear such persons and inform itself in such manner as it considers appropriate in order to determine the relative merits of the application, objections and other matters (if any) and shall not be bound by any rule or practice as to evidence.
(3)The Land Court shall not entertain an objection to an application or any ground thereof or any evidence in relation to any ground if the objection or ground is not contained in an objection that has been duly lodged in respect of the application.
(4)The Land Court may direct an inspection or view of the land the subject of the hearing.
(5)Nothing in subsection (1) shall prevent the adjournment from time to time of a hearing.
(6)Nothing in subsection (1) shall prevent the question of compensation being determined by the Land Court pursuant to section 85.
(7)The Minister may require at any time the Land Court to advise the reasons why a hearing under this section has not been finalised.

78Land Court’s determination on hearing

(1)Upon the hearing by the Land Court under this chapter of all matters in respect of an application for the grant of a mining claim the Land Court may—
(a)instruct the Minister to reject the application;
(b)instruct the Minister to grant the mining claim—
(i)upon compliance with any terms and conditions imposed by the Minister on the applicant with respect to the application or the grant; and
(ii)in the case where the application relates to land that is a reserve and the consent of the owner of the reserve to the grant has been obtained;
(c)in the case where the application relates to land that is a reserve and the owner of the reserve does not consent to the grant of the mining claim—
(i)make an instruction referred to in paragraph (a); or
(ii)recommend to the Minister that the Governor in Council should consent to the grant of the mining claim and the terms and conditions (if any) to which the mining claim should be subject.
(2)The Land Court shall not—
(a)give an instruction to the Minister directed towards the grant of a mining claim;
(b)make a recommendation to the Minister directed towards the giving of consent by the Governor in Council to the grant of a mining claim;

if it is satisfied that—

(c)the provisions of this chapter have not been complied with; or
(d)the public interest would be adversely affected by the grant of the mining claim; or
(e)there is good reason to refuse to grant the mining claim.

(3)The Land Court may give an instruction or make a recommendation referred to in subsection (2) notwithstanding that the question of compensation has not been determined as provided in section 85.
(4)The Land Court on the application of an objector or owner may award costs against an applicant for a mining claim who abandons the application or does not pursue the application at a hearing.
(5)The Land Court on the application of an applicant for a mining claim may award costs against an objector who withdraws the objection or does not pursue the objection at a hearing.

79Consent to grant of mining claim over reserve by Governor in Council

(1)After considering a recommendation made pursuant to section 78(1)(c)(ii) by the Land Court in respect of the application for the grant of a mining claim, the Minister shall either reject the application or recommend to the Governor in Council that the Governor in Council consent to the grant.
(2)The Governor in Council may, upon the recommendation of the Minister, consent (subject to such terms and conditions as the Governor in Council determines) to the grant of a mining claim over land that is reserve.

80Grant of mining claim at instruction of Land Court or with consent of Governor in Council

(1)Upon the instruction of the Land Court so to do or the consent to the grant by the Governor in Council, the Minister shall grant the relevant mining claim if the Minister is satisfied that—
(a)all necessary consents to the grant have been obtained; and
(b)the question of compensation as provided in section 85 has been determined.

Note—

However, if the application relates to acquired land, see also section 10AAC.
(2)The Minister must, within 5 business days after the grant, give the holder of the mining claim written notice of the grant.
(3)The holder of the mining claim must give written notice of the grant to the owners of land covered by the claim.
(4)The notice must be given within 20 business days after the holder receives notice by the holder of the grant.

81Conditions of mining claim

(1)Each mining claim shall be subject to each of the following—
(a)a condition that the holder shall use the area of the mining claim bona fide for the purpose for which the mining claim was granted and in accordance with this Act and the conditions of the mining claim and for no other purpose;
(b)if the holder uses land outside the boundary of the area of the mining claim for access to the area of the mining claim, a condition that the holder may use the land only for the following purposes—
(i)to transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mining claim;
(ii)to transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder;
(iii)to construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii);
(c)a condition that the holder must—
(i)comply with the mandatory provisions of the small scale mining code to the extent the code applies to the holder; and
(ii)ensure any other person carrying out an authorised activity for the mining claim complies with the mandatory provisions of the small scale mining code to the extent the code applies to the holder;
(d)if the mining claim is granted or renewed for a term of more than 5 years—a condition that the holder must, within 1 month after the fifth anniversary of the following days, give the chief executive a work program for activities to be carried out under the mining claim for the remaining term of the claim—
(i)for a grant of a mining claim—the day the claim is granted;
(ii)for a renewed mining claim—the day the term of the renewed claim started;
(e)a condition that the holder shall furnish at such times and in such manner as required by the Minister reports, returns, documents and statements and other materials whatever;
(f)a condition that the holder shall maintain the surface of the area of the mining claim in a tidy state during the term of the mining claim;
(g)a condition that the holder must carry out improvement restoration for the mining claim;
(h)a condition that prospecting and mining shall be conducted in the area of the mining claim by such method or in such manner as is provided for in or applies in respect of the mining claim;
(i)a condition that the holder—
(i)shall not erect any permanent building or other structure whatever; and
(ii)prior to the termination of the mining claim, for whatever cause, shall remove any building or structure erected by the holder and all mining equipment and plant;

on or in the area of the mining claim;

(j)a condition that without the prior approval of the Minister the holder shall not obstruct or interfere with any right of access had by any person in respect of the area of the mining claim;
(k)where the mining claim is in respect of land that is a reserve, a condition that the holder shall comply with the terms and conditions upon which the consent of the owner or of the Governor in Council to the grant of the mining claim was given;
(l)a condition that the holder shall make all payments of compensation and comply with all terms of any agreement or determination relating to compensation at the time or times as agreed or determined pursuant to section 85 or 86;
(m)a condition that the holder—
(i)shall pay the rental as prescribed; and
(ii)shall pay the royalty as prescribed; and
(iii)shall pay all local authority rates and charges lawfully chargeable against the holder in respect of the area of the mining claim; and
(iv)shall deposit as required by the Minister any security from time to time under this Act;
(n)if the area of the mining claim has not been surveyed and a physical monument is used to define the area’s boundary—a condition that the holder must maintain the monument;
(o)a condition that the holder shall comply with this Act and other mining legislation;
(p)such other conditions as are prescribed;
(q)such other conditions as the Minister may impose (including such conditions as the Land Court may determine pursuant to this chapter).
(1AA)Without limiting subsection (1), the Minister may impose a condition on a mining claim if the Minister considers the condition is in the public interest.
(2)If in any case there is conflict between a condition determined by the Land Court and a condition determined by the Governor in Council, then to the extent of the conflict the determination of the Governor in Council shall prevail.
(3)Despite subsections (1) to (2), a condition must not be determined, imposed or prescribed if it is the same, or substantially the same, or inconsistent with, a relevant environmental condition for the mining claim.
(4)A mining claim shall contain a condition as to the work commitment required of the holder.
(5)Notwithstanding subsection (1), if the applicant for a mining claim satisfies—
(a)the Minister; or
(b)the Land Court when giving an instruction under this chapter; or
(c)the Governor in Council when giving consent to the grant of a mining claim under this chapter;

that any of the conditions prescribed in subsection (1)(g), (i)(ii) and (n) should not be imposed the mining claim may be granted without the imposition of that condition or those conditions.

81BOther agreement conditions

(1)This section applies if—
(a)a registered indigenous use agreement under the Commonwealth Native Title Act, or an agreement mentioned in section 31(1)(b) of the Commonwealth Native Title Act, provides for the grant, renewal or variation of, or another act concerning, a mining claim; and
(b)the State is a party to the agreement; and
(c)the agreement includes a requirement that, if the act is done, the mining claim must be subject to conditions stated in the agreement (the stated conditions); and
(d)the act is done.
(2)The mining claim is subject to the stated conditions.

82Variation of conditions of mining claim

(1)The conditions to which a mining claim is for the time being subject may be varied by the Minister in terms not inconsistent with this Act upon the agreement in writing of the holder of the mining claim.
(2)However, the Minister must not vary a condition of a mining claim if the condition as varied is the same or substantially the same as, or inconsistent with, a relevant environmental condition for the mining claim.
(3)Without limiting subsection (1), the Minister may refuse to vary a condition of a mining claim if the Minister considers the variation is not in the public interest.
(4)A mining claim that is duly varied pursuant to subsection (1) shall thereafter until again varied, be subject to its conditions as so varied.
(5)The chief executive must record in the register the details of every variation of a mining claim.

83Provision of security

(1)Before a mining claim is granted or renewed, the Minister taking into consideration the work program mentioned in section 61(1)(j)(iv) shall determine the amount of the security to be deposited by the holder of that mining claim as reasonable security for—
(a)compliance with the conditions of the mining claim; and
(b)compliance with the provisions of this Act; and
(c)rectification of any actual damage that may be caused by any person whilst purporting to act under the authority of the mining claim to pre-existing improvements for the mining claim; and
(d)amounts (other than penalties) payable to the State under this Act.
(2)The Governor in Council, when giving consent to the grant of a mining claim pursuant to section 79, may determine the amount of the security to be deposited by the holder of the mining claim.
(3)The Land Court, when instructing the Minister to grant an application for the grant of a mining claim, may determine the amount of the security to be deposited by the holder of the mining claim.
(4)Where, in respect of an application for the grant of a mining claim, an amount of security is determined by the Governor in Council pursuant to subsection (2) or by the Land Court pursuant to subsection (3), that amount shall be determined by the Minister as the security pursuant to subsection (1) in respect of that mining claim.
(5)In respect of an application for the grant of a mining claim, an amount determined by the Governor in Council shall prevail over an amount determined by the Land Court.
(6)A mining claim shall not be granted or renewed until the applicant for the grant or renewal of the mining claim deposits the security as determined under this section.
(7)If the Minister is satisfied that any condition of the mining claim or any provision of this Act has not been complied with or that damage referred to in subsection (1)(c) has been caused by any person purporting to act under the authority of the mining claim or who enters land upon the instruction of the holder, the Minister may require that person to take all action necessary to rectify that noncompliance or damage and, save where the person was not the holder and was not upon the land with the holder’s approval at the time the damage was caused, may utilise for that purpose the whole or part of the amount of the security deposited in respect of that mining claim.
(8)If, at any time (whether during, or within 20 business days after the expiration of the term of a mining claim) the amount or any part of the amount deposited under this section is utilised under subsection (7) or the Minister considers that, in view of the damage caused or likely to be caused by any person purporting to act under the authority of the mining claim or upon the instruction of the holder or for any other reason, a further amount of security should be deposited in respect of that mining claim, the Minister shall require the holder or former holder of the mining claim, within the time specified by the Minister to deposit the further security.
(9)The Minister may make a requirement referred to in subsection (8) notwithstanding that the amount of the security deposited was originally determined by the Governor in Council or the Land Court.
(10)The Minister may accept a bond or a guarantee or indemnity by, or other financial arrangement with, a financial institution, insurance company or another credit provider approved by the Minister or other form of security acceptable to the Minister as the whole or part of the security to be deposited under this section.
(11)It shall be a condition of a mining claim that the holder shall deposit security or further security from time to time in accordance with a requirement made as provided by this section.
(12)If a mining claim terminates, the Minister may, not earlier than 20 business days after the termination, refund the amount of security held for the mining claim, after deducting any amount used under subsection (7).
(13)The Minister must refund the amount to the holder of the claim or in accordance with any written direction the holder gives to the Minister.
(14)However, before refunding the security, the Minister may also deduct the amount the Minister considers appropriate to apply in the following order towards—
(a)rectifying anything caused by noncompliance with—
(i)a condition of the mining claim; or
(ii)an order given to the holder by the Minister;
(b)amounts (other than penalties) the holder owes to the State under this Act or the conditions of the mining claim (including amounts that became payable before or after the termination of the claim);
(c)rates and charges (including interest on unpaid rates and charges) owing to a local government for the mining claim by the former holder.
(15)Subsection (12) does not limit the Minister’s powers under subsection (16).
(16)If the Minister accepts a bond, guarantee or indemnity by, or another financial arrangement with, a financial institution, insurance company or credit provider as security under this section, any amount payable to the holder must be refunded to the financial institution, insurance company or credit provider and not to the holder of the mining claim to which the security relates.

84Utilisation of security deposit towards subsequent mining claim

If the holder of a mining claim or an expired mining claim makes application for a further mining claim, the Minister may, instead of refunding the whole or part of the security deposited in respect of the existing or expired mining claim, retain that security or part thereof (together with any further security fixed by the Minister) as the security (in which case it shall be taken to be or to be part of the security) deposited by the applicant in respect of the further mining claim.

85Compensation to be settled before grant or renewal of mining claim

(1)A mining claim shall not be granted or renewed unless—
(a)compensation has been determined (whether by agreement or by determination of the Land Court) between the applicant and each person who is the owner of land the subject of the application and of any surface access to that land (each an interested party); or
(b)there is no person (other than the applicant) who is the owner of any of the land referred to in paragraph (a);

and the conditions of the agreement or determination have been or are being complied with by the applicant.

(2)For the purposes of subsection (1)(a), where the Land Court makes a determination of an amount of compensation, that compensation is not determined until—
(a)where no appeal against that determination is lodged within the period prescribed therefor—upon the expiration of that period; or
(b)where an appeal is duly lodged against that determination—upon the determination of that appeal.
(3)An agreement made pursuant to subsection (1)(a) shall not be effective unless and until—
(a)it is in writing signed by or on behalf of the parties; and
(b)it is filed.
(4)For subsection (1)(a), an interested party may, at any time before compensation is determined by agreement, apply in writing to the Land Court to have the Land Court determine the amount of compensation.
(5)Upon an application made under subsection (4), the Land Court shall settle the amount of compensation an owner of land is entitled to as compensation for—
(a)deprivation of possession of the surface of land of the owner;
(b)diminution of the value of the land of the owner or any improvements thereon;
(c)diminution of the use made or which may be made of the land of the owner or any improvements thereon;
(d)severance of any part of the land from other parts thereof or from other land of the owner;
(e)any surface rights of access;
(f)all loss or expense that arises;

as a consequence of the grant or renewal of the mining claim.

(6)In assessing the amount of compensation payable under subsection (5)—
(a)where it is necessary for the owner of land to obtain replacement land of a similar productivity, nature and area or resettle himself or herself or relocate his or her livestock and other chattels on other parts of his or her land or on the replacement land, all reasonable costs incurred or likely to be incurred by the owner in obtaining replacement land, the owner’s resettlement and the relocation of the owner’s livestock or other chattels as at the date of the assessment shall be considered;
(b)no allowance shall be made for any minerals that are or may be on or under the surface of the land concerned;
(c)if the owner of land proves that the status and use currently being made (prior to the application for the grant or renewal of the mining claim) of certain land is such that a premium should be applied, an appropriate amount of compensation may be determined;
(d)loss that arises may include loss of profits to the owner calculated by comparison of the usage being made of land prior to the lodgement of the relevant application for the grant or renewal of a mining claim and the usage that could be made of that land after the grant or renewal;
(e)an additional amount shall be determined to reflect the compulsory nature of action taken under this chapter which amount, together with any amount determined pursuant to paragraph (c), shall be not less than 10% of the aggregate amount determined under subsection (5).
(7)In any case the Land Court may determine the amounts and the terms, conditions and times when payments aggregating the total compensation payable shall be payable.
(8)The Land Court’s determination of any matter under this section shall be deemed to be an agreement between the parties and shall be given effect accordingly.
(9)The Land Court shall give written notice of its determination to all parties and may make such order as to costs between the parties to the determination as it thinks fit.
(10)An amount of compensation decided by agreement between the parties or the Land Court is binding on the parties and the parties’ personal representatives, successors and assigns.

85AMinister may refuse to grant mining claim if compensation not determined

(1)This section applies if—
(a)a person makes an application for the grant of a mining claim; and
(b)compensation in relation to the mining claim has not been determined by agreement between the applicant and each owner of land, or by determination of the Land Court, as mentioned in section 85(1)(a); and
(c)an application under section 85(4) has not been made to the Land Court for a determination of the amount of compensation in relation to the mining claim; and
(d)3 months have elapsed since—
(i)if no objection was lodged in relation to the application for the grant of the mining claim—the last objection day for the application; or
(ii)if, under section 72(5), the Land Court remitted a matter relating to the mining claim to the chief executive—the day the Land Court remitted the matter; or
(iii)if, under section 78(1)(b), the Land Court instructed the Minister to grant the mining claim—the day the Land Court gave the instruction; or
(iv)if the Governor in Council consented to the grant of the mining claim—the day the Governor in Council consented to the grant.
(2)The Minister may refuse to grant the mining claim.
(3)This section does not limit any other power to refuse to grant a mining claim.

85ADeciding whether to grant mining claim if compensation not determined

(1)Subsection (2) applies if, in relation to an application for the grant of a mining claim, compensation has not been determined as mentioned in section 85(1)(a) and an application has not been made to the Land Court as mentioned in that section by—
(a)if no objection to the application is lodged—the day that is 3 months after the last objection day for the application; or
(b)if the Land Court instructs the Minister to grant the mining claim—the day that is 3 months after the day the instruction is given; or
(c)if the Governor in Council consents to the grant of the mining claim—the day that is 3 months after the day the consent is given.
(2)The Minister may refuse to grant the mining claim.

86Appeal against Land Court’s determination upon compensation

(1)A party aggrieved by a determination of the Land Court made under section 85 may, within 20 business days of the date of that determination or within such further period as the Land Appeal Court, on the application of that party in that behalf prior to the lodgement of the appeal, considers appropriate in any particular circumstances, appeal against the determination to the Land Appeal Court.
(2)The appeal shall be instituted by, within the time and in the manner prescribed—
(a)lodging in the Land Court, written notice of appeal which shall include the grounds of appeal; and
(b)serving copies of the notice of appeal on the chief executive and each other party.
(3)The Land Appeal Court shall have jurisdiction to hear and determine an appeal under this section.
(4)Upon hearing an appeal under subsection (1) the Land Appeal Court may—
(a)vary the determination of the Land Court in such a way as it thinks just; or
(b)disallow the appeal and confirm the determination of the Land Court;

and may make such order as to costs of the appeal as it thinks fit.

(5)In deciding an appeal, the Land Appeal Court must consider the things relevant to the appeal that the Land Court was required to consider in making the decision appealed against.
(6)The Land Appeal Court shall not admit further evidence upon an appeal from a determination of the Land Court under subsection (1) unless—
(a)it is satisfied that admission of the evidence is necessary to avoid grave injustice and there is sufficient reason that the evidence was not previously adduced; or
(b)the appellant and respondent agree to its admission.
(7)The determination of the Land Appeal Court on appeal shall be final and conclusive.

86ASecurity for costs of appeal

(1)This section applies when an appeal under section 86 is lodged.
(2)A further step can not be taken in the appeal until security for the costs of the appeal has been lodged under this section.
(3)The registrar of the Land Court must, within 10 business days, decide the form and amount of the security.
(4)The registrar must give the appellant written notice of the decision as soon as practicable after making it.
(5)The appellant must lodge the security in the decided form and amount within 15 business days after the giving of the notice.
(6)If the appellant does not comply with subsection (5), the appeal lapses.

87Public trustee may act in certain circumstances

(1)If there is doubt as to the identity of the owner of land or the owner of land can not be found, the Land Court may determine that the public trustee shall represent the owner for the purpose of any negotiation or proceeding under section 85 or 86.
(2)Any action taken or thing done or omitted to be done by the public trustee as representative of the owner of land pursuant to subsection (1) shall be taken for all purposes to be taken, done or omitted by that owner.
(3)Where, pursuant to subsection (2) the public trustee represents an owner of land, for the purposes of this chapter any moneys paid to the public trustee under any agreement or determination made under section 85 or 86 shall be deemed to have been paid to the owner.

89Reasons for rejection of application for grant of mining claim

If the Minister rejects an application for the grant of a mining claim, the Minister must, within 5 business days after deciding to reject, give the applicant a written notice stating the decision and the reasons for it.

91Initial term of mining claim

(1)The initial term of a mining claim is the period not greater than 10 years approved by the Minister, unless the claim is sooner terminated.
(2)Despite subsection (1), the term of the mining claim must not be for a period longer than the period for which compensation has been agreed or determined under section 85 or 86.
(3)The initial term of a mining claim commences on the first day of the month that next follows the day the mining claim is granted.
(4)From the grant of a mining claim to the commencement of the initial term thereof the holder shall have all the entitlements, powers, duties and functions the holder has during the term of the mining claim except section 95 shall not apply.

92Mining claim may be specified it is not renewable

(1)If it is considered that the land the subject of the application for the grant or renewal of a mining claim is or will be required for some purpose other than mining, the mining claim may be granted or renewed subject to a condition that the holder is not entitled to have the mining claim renewed.
(2)Where a mining claim is granted or renewed subject to a condition referred to in subsection (1), the applicant shall be advised the reasons therefor.

93Renewal of mining claim

(1)The holder of a mining claim, including a mining claim that is subject to a condition referred to in section 92, may, at least 6 months (or such shorter period as the Minister in the particular case allows) prior to and not more than 12 months before the expiration of the current term of the mining claim, make application for renewal of the mining claim.
(2)An application for renewal of a mining claim shall—
(a)be made in the prescribed way to the Minister;
(b)be accompanied by a work program for the activities to be carried out under the renewed mining claim;
(c)be accompanied by the prescribed application for renewal fee.
(3)Within 5 business days after an application for renewal of a mining claim is made, the holder must—
(a)give copies of the application and of any documents or information prescribed by regulation to the following persons (each an interested party)—
(i)each owner of land the subject of the mining claim;
(ii)each owner of land outside the boundary of the area of the mining claim the holder intends to use to access the area of the mining claim; and
(b)if, in relation to the grant or renewal of the mining claim, an agreement for compensation has been made with an interested party under section 85, or the Land Court has determined the compensation for an interested party under that section—give a copy of the most recent agreement or determination to the interested party.
(4)Subsection (5) applies for an application for renewal of a mining claim if—
(a)if the application relates to a mining claim subject to a condition that the holder is not entitled to have the mining claim renewed—
(i)the Minister is satisfied the mining claim should be renewed; and
(ii)if the condition was imposed by the Governor in Council—the Governor in Council consents to the renewal; and
(iii)if the condition was imposed by the Land Court—the Land Court consents to the renewal; and
(b)the Minister is satisfied—
(i)the holder has complied with the conditions of the mining claim; and
(ii)the holder has complied with this Act and other mining legislation applicable to the holder relating to the mining claim; and
(iii)the area of the mining claim still contains workable quantities of mineral or mineral bearing ore.
(5)The Minister must grant a renewal of the mining claim in the name of the holder for a further term not greater than 10 years.
(6)The grant must be subject to—
(a)the conditions of the mining claim; and
(b)any other conditions determined by the Minister.
(7)Despite subsection (5), the further term of the mining claim must not be for a period longer than the period for which compensation has been agreed or determined under section 85 or 86.
(8)Despite subsection (5), the Minister may refuse the renewal if the Minister considers the renewal is not in the public interest.

Note—

If the application relates to acquired land, see also section 10AAC.
(9)Despite subsection (5), the Minister may also refuse the renewal if—
(a)compensation is to be determined as mentioned in section 85(1)(a) for the renewal of the mining claim; and
(b)the compensation is not determined within 3 months after the day the current term of the claim would, apart from section 93A, end; and
(c)an application has not been made to the Land Court as mentioned in section 85(4).
(10)Without limiting subsection (6), the Minister may determine a condition of the renewed mining claim if the Minister considers the condition is in the public interest.
(11)The Minister shall not reject an application for renewal of a mining claim until the Minister has, by notice in writing in the approved form served on the holder of the mining claim, called upon the holder to show cause within the time specified therein why the application should not be rejected and such cause has not been shown to the satisfaction of the Minister.
(12)The holder of a renewed mining claim must give written notice of the claim’s renewal to the owners of the land in the area of the claim.
(13)The notice must be given within 20 business days after the holder receives notice of the renewal.

93AContinuation of claim while application being dealt with

(1)Subsection (2) applies if—
(a)a properly made application for renewal of a mining claim is not withdrawn, refused or granted before the claim’s expiry day ends; and
(b)after the expiry day, the holder—
(i)continues to pay rental on the claim and other amounts required to be paid under this Act; and
(ii)otherwise complies with this Act and the claim conditions.
(2)The claim continues in force subject to the rights, entitlements and obligations in effect immediately before the end of the expiry day until the application is withdrawn, refused or granted.
(3)In this section—
properly made application, for renewal of a mining claim, means an application that complies with section 93(2).

93BWhen term of renewed claim starts

(1)If a mining claim is renewed before its expiry day ends, the term of the renewed claim starts on the day after the expiry day.
(2)If the claim is renewed after the expiry day, the term of the renewed claim is taken to have started on the day after the expiry day.

93CWhen new conditions of renewed claim start

(1)If a renewed mining claim is subject to conditions (the new conditions) different from, or not included in, the claim conditions applying immediately before its renewal, the new conditions apply from the later of the following—
(a)the start of the term of the renewed claim;
(b)the day the renewal is granted.
(2)However, if the claim is continued in force under section 93A, the holder must pay rental on the claim from the day after its expiry day at the rate that would have been payable, from time to time, if the renewed mining claim had been renewed on the day after the expiry day.
(3)Subsection (2) applies even though payment of rental may be a condition of the claim.

93DRenewal of claim must be in name of last recorded transferee

(1)This section applies if a transfer of a mining claim is registered under the Common Provisions Act—
(a)after the date on which an application for renewal of the claim is made; and
(b)before the application is decided by the Minister.
(2)Any renewal granted on the application must be in the name of the transferee under the last transfer registered before the grant of the renewal.

94Reasons for rejection of application for renewal of mining claim

If the Minister rejects an application for the renewal of a mining claim, the Minister must, within 5 business days after deciding to reject, give written notice to the applicant stating the reasons for rejection.

95Rental payable on mining claim

(1)Upon the grant of a mining claim rental shall first be payable thereon with respect to the period from the commencement of the term of the mining claim to 31 August of that year (the first rental period) and shall be paid within 20 business days (or such longer period as the Minister in the particular case approves) of the grant of the mining claim.
(2)The amount of the rental payable in respect of the first rental period shall be an amount that bears to the rental payable for a rental year prescribed pursuant to subsection (4) for the rental year in which the first rental period falls the same proportion that the number of whole calendar months of the first rental period bears to 12.
(3)In respect of each rental year or part thereof of the term of a mining claim (other than the first rental period) a full rental year’s rental shall be payable in advance not later than 31 August of the previous rental year.
(4)If the full rental payable for a rental year is paid in advance as prescribed by subsection (3), the amount of the rental shall be the amount prescribed under a regulation for that rental year.
(5)If, for a particular rental year, rental is not paid in advance as prescribed by subsection (3)—
(a)the chief executive shall, prior to 30 September of that rental year, notify the holder of and any person holding a recorded interest in the mining claim that the rental has not been paid as prescribed by subsection (3) and of the amount of rental payable as prescribed by paragraph (b); and
(b)the amount of the full rental payable for the rental year shall be payable before 1 December of that rental year and shall be an amount equal to the amount prescribed under a regulation for that rental year plus an amount equal to 15% of that prescribed amount.
(6)Upon the renewal of a mining claim, no further rental shall be payable in respect of the period that, if the renewal was a grant of a mining claim, would be the first rental period except where that period commences on 1 September.
(7)Except as provided in subsection (8), where in any rental year a mining claim is surrendered or terminated through effluxion of time and is not renewed, there shall be refundable to the last holder of the mining claim an amount that bears to the amount of the rental that was paid in respect of that rental year the same proportion that the number of whole calendar months from—
(a)the date of surrender or termination; or
(b)the date of rejection of the application for renewal;

whichever is the later, to 31 August of that rental year bears to 12.

(8)No amount shall be refunded pursuant to subsection (7) where a mining claim is surrendered within its first rental period after its original grant.

105Mining other minerals

(1)The holder of a mining claim may lodge an application in writing with the Minister for approval to mine specified minerals, being minerals not specified in the mining claim, in respect of the area of the mining claim.
(2)The application shall be accompanied by the prescribed fee.
(3)The application and any other application for the grant of a mining lease for the same minerals must be considered and decided according to the day on which they are lodged.
(4)If the applications were lodged on the same day—
(a)they take the priority the Minister decides, after considering the relative merits of each application; and
(b)the chief executive must give each applicant a written notice stating there is competition for priority between the applicant’s application and another application, or other applications, lodged on the same day as the day on which the applicant’s application was lodged.
(5)Upon the Minister approving an application under this section and compliance by the applicant with any conditions imposed by the Minister, the relevant mining claim shall be deemed to include the specified minerals and shall be subject to such additional conditions as are prescribed in respect of such mining claim or as the Minister considers appropriate.
(6)The Minister shall not approve an application under this section that could adversely affect any conditions imposed in respect of the mining claim by the Land Court or the Governor in Council.

106Contravention by holder of mining claim

(1)If the Minister considers that the holder of a mining claim—
(a)has carried out activities that are not bona fide for the purposes for which the mining claim was granted; or
(b)has failed to pay the royalty or any other moneys payable thereunder (other than rental) or in respect thereof by the due date for payment; or
(c)has failed to comply with any condition that is to be observed and performed by the holder under or in respect of the mining claim, other than a condition with respect to matters referred to in subsection (2)(a) or (b);

the Minister may—

(d)cancel the mining claim; or
(e)impose on the holder a penalty not exceeding 100 penalty units.

(2)If the Minister considers that the holder of a mining claim—
(a)in any rental year has failed after notice given to the holder in accordance with section 95(5) to pay before 1 December of that rental year the amount of the rental payable under that section by that date in respect of that mining claim; or
(b)has failed to pay a penalty imposed on the holder pursuant to subsection (1)(e) within the time allowed for the payment by the Minister;

the Minister may cancel the mining claim.

(3)The Minister shall not act pursuant to subsection (1) until the Minister has, by notice in writing in the approved form served on the holder of the mining claim, called upon the holder to show cause within the time specified therein why the mining claim should not be cancelled or a penalty imposed and served a copy of the notice on every person who currently holds a recorded interest in respect of the mining claim at the person’s address last recorded by the Minister and such cause has not been shown to the satisfaction of the Minister.
(4)If the Minister pursuant to this section cancels a mining claim, the Minister shall notify the holder accordingly stating the reason for the cancellation.
(5)The cancellation of a mining claim under this section shall take effect on the day next following the Minister’s determination to cancel the mining claim.

107Surrender of mining claim

(1)The holder of a mining claim may surrender the mining claim by lodging with the Minister—
(a)a notice of surrender in the approved form; and
(b)a properly completed royalty return, unless it has already been lodged under section 320(4); and
(ba)either—
(i)the royalty payable to the State under section 320(3)(a), unless it has already been paid; or
(ii)evidence that the royalty has been paid to another person entitled to the royalty under section 320(3)(b); and
(c)the fee prescribed under a regulation.
(3)Upon a surrender of a mining claim, all adjustments between the holder and the Crown in respect of the payment of rental, fees and other moneys shall be at the discretion of the Minister.
(4)Where any moneys are specified pursuant to subsection (3) as a debt due to the Crown, the Minister may utilise the security deposited in accordance with section 83 for payment thereof.
(5)Nothing in this section shall prevent the Crown from recovering moneys from a person specified in subsection (3) as liable to pay and unpaid (whether directly or through utilisation of the security deposit) by action in the Land Court.
(6)In an action under subsection (5) for the recovery of a debt due to the Crown, the production to the Land Court of a certificate by the Minister certifying the amount of that debt shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the debt and the amount thereof.
(7)Where, at the time when the holder of a mining claim purports to surrender the mining claim, the holder duly makes application for a new mining claim or a mining lease in respect of the whole or part of the area of the current mining claim, the purported surrender shall not take effect unless and until the new mining claim or the mining lease is granted.
(8)Nothing in section 48 or 232 shall prevent the holder of a mining claim, at the time the holder surrenders the mining claim, from applying for the grant of a mining claim or mining lease over the whole or part of the area of the surrendered mining claim and the grant of the mining claim or mining lease applied for.
(9)A surrender of a mining claim (other than a surrender referred to in subsection (7)) shall take effect on the day next following its acceptance by the Minister.
(10)However, the Minister may accept the surrender only if the Minister is satisfied—
(a)the holder has complied with the condition to carry out improvement restoration for the mining claim; and
(b)any relevant environmental authority has been cancelled or surrendered under the Environmental Protection Act.
(11)If the Minister is not satisfied the holder has complied with the condition, the Minister may, by written notice, give the holder reasonable directions about carrying out improvement restoration for the mining claim.
(12)The holder must comply with the directions.

Maximum penalty for subsection (12)—300 penalty units.

108Abandonment of application for mining claim

(1)The applicant for the grant of a mining claim may, at any time before the grant of the mining claim, by notice in writing to the Minister abandon the application in respect of the whole of the land applied for in the application.
(2)The applicant for the grant of a mining claim who gives a notice referred to in subsection (1) to the Minister shall forthwith serve a copy of that notice on—
(a)if the application has been referred to the Land Court under section 72—the Land Court; and
(b)all other persons on whom the applicant was required under this Act to give a copy of the mining claim notice for the mining claim.
(3)The abandonment of an application for the grant of a mining claim shall take effect on the day next following its receipt by the Minister.

109Improvement restoration for mining claim

(1)This section applies on the termination of a mining claim, other than—
(a)by surrender under section 107; or
(b)for the granting of a new mining claim or mining lease over the area of the terminated mining claim.
(2)If the Minister is not satisfied the holder has satisfactorily complied with the condition to carry out improvement restoration for the mining claim, the Minister may, by written notice, give the holder reasonable directions about carrying out the restoration.
(3)The holder must comply with the directions.

Maximum penalty—300 penalty units.

(4)The holder and the holder’s employees or agents may, to the extent reasonably necessary to comply with the directions—
(a)enter land stated in the notice; and
(b)bring on to the land vehicles, vessels, machinery and equipment that are approved by the Minister for the purpose.

110Use of machinery in mining claim area

(1)The Governor in Council may, by regulation, declare with respect to a particular mining claim, all mining claims, all mining claim areas in a specified area of the State, all mining claims in respect of a specified mineral or all mining claims in respect of a specified mineral in a specified area of the State—
(a)the types of machinery, mechanical devices or other equipment (if any) that may or may not be used for prospecting, hand mining or other mining;
(b)the methods by which prospecting or operations for mining may or may not be carried on.
(2)A person purporting to act under a mining claim to which a declaration under subsection (1) applies must comply with the declaration.
(3)The Crown shall not be civilly liable on account of the effect of any regulation made pursuant to this section or section 111.

111Declaration of prohibited machinery in mining claim area

The Governor in Council may by regulation with respect to any part of the State, declare that certain types of machinery, mechanical devices or other equipment may not be used in, on or under the area of any mining claim within that part.

112Minister may authorise use of prohibited machinery for purposes other than mining etc.

(1)Despite section 111, the Minister may authorise the use of prohibited machinery for purposes other than prospecting, exploring or mining in, on or under the area of a mining claim within an area specified in a declaration under that section.
(2)In subsection (1)—
prohibited machinery means machinery, mechanical devices and other equipment specified in the declaration under section 111.

113Prohibited machinery etc. not to be used on mining claim land

A person shall not, without the written prior authority of the Minister given pursuant to section 112, have or use any machinery, mechanical device or other equipment the use of which has been prohibited by a declaration under section 111 in, on or under the area of a mining claim within an area specified in the declaration.

Maximum penalty—

(a)for a first offence—200 penalty units;
(b)for a second offence—400 penalty units;
(c)for a third or subsequent offence—1,000 penalty units.

114Minerals taken become property of holder of mining claim

All minerals lawfully mined under the authority of a mining claim cease to be the property of the Crown or person who had property therein and become the property of the holder of the mining claim subject however to the rights to royalty payments under this Act of the Crown or any other person.

115Royalties in respect of minerals taken under mining claim

The holder of a mining claim shall pay in respect of all minerals mined or purported to be mined under the authority of the mining claim, the royalty prescribed pursuant to chapter 11.

116Appeals about mining claims

(1)An applicant for a mining claim who is dissatisfied with a decision of the Minister to refuse to grant the mining claim (the aggrieved person) may appeal against the decision to the Land Court.
(2)A holder of a mining claim who is dissatisfied with any of the following decisions of the Minister (also an aggrieved person) may appeal against the decision to the Land Court—
(a)a decision to impose a condition on a mining claim;
(b)a decision to require an applicant for, or holder of, a mining claim to deposit security;

Note—

For the provision of security, see section 83.
(c)a decision about carrying out improvement restoration for the mining claim;
(d)a decision to refuse to renew a mining claim.
(3)However, an applicant may not appeal against a decision of the Minister made in accordance with a consent of the Governor in Council or decision of the Land Court.

117How to start an appeal

(1)An appeal is started by filing a written notice of appeal with the chief executive.
(2)The notice of appeal must be filed within 20 business days after the aggrieved person receives notice of the decision appealed against.
(3)However, if—
(a)the decision did not state the reasons for the decision; and
(b)the person asked for a statement of reasons for the decision within the period mentioned in subsection (2);

the person may make the application within 20 business days after the person is given the statement of reasons.

(4)In addition, the Land Court may extend the period for filing the notice of appeal.
(5)The notice of appeal must state the grounds of appeal.

118Stay of operation of decisions

(1)The Land Court may stay a decision appealed against to secure the effectiveness of the appeal.
(2)A stay—
(a)may be given on conditions the Land Court considers appropriate; and
(b)operates for the period fixed by the Land Court; and
(c)may be revoked or amended by the Land Court.
(3)The period of a stay fixed by the Land Court must not extend past the time when the Land Court decides the appeal.
(4)A decision, or the carrying out of a decision, is affected by the starting of an appeal only if the decision is stayed.

119Hearing procedures

(1)In deciding an appeal, the Land Court—
(a)is not bound by the rules of evidence; and
(b)must observe natural justice.
(2)An appeal is by way of rehearing.

120Powers of Land Court on appeal

(1)In deciding an appeal, the Land Court may—
(a)confirm the decision appealed against; or
(b)set the decision aside and substitute another decision; or
(c)set aside the decision and return the issue to the Minister with directions the Land Court considers appropriate.
(2)In substituting another decision, the Land Court has the same powers as the Minister.

Example—

The Land Court may decide that an unsuccessful applicant for a mining claim be granted the claim and impose conditions on it.
(3)If the Land Court substitutes another decision, the substituted decision is, for this Act, taken to be the decision of the Minister.

121Effect of termination of mining claim

(1)This section applies on the termination of a mining claim.
(2)However, this section (other than subsection (3)) does not apply to a mining claim if the termination is for granting a new mining claim or a mining lease over the same area to the holder of the terminated mining claim.
(3)The person who was the holder of the terminated mining claim immediately before its termination must immediately remove each post or other thing used to mark the area (other than a survey mark or anything else required under another Act not to be removed).
(4)On the termination of a mining claim, the ownership of all mineral and property on the land in the area of the terminated claim divests from the owner and vests in the State.
(5)However, subsection (4) applies to property only if it was brought on to the area under the terminated claim.

122Application may be made for approval to remove mineral and property

(1)This section applies to mineral and property that vests in the State on the termination of a mining claim.
(2)Anyone who had an interest in the mineral or property immediately before its ownership vests in the State may apply in writing to the chief executive for permission to remove the mineral or property from the land.
(3)The application—
(a)must be made within 20 business days after the mineral or property vests in the State (or a longer period, of not more than 3 months, allowed by the chief executive); and
(b)may be made even though a subsequent grant of a mining claim, exploration permit, mineral development licence or mining lease has been made over the land.
(4)The chief executive may approve or refuse to approve the application.
(5)However, the chief executive must approve the application if the chief executive is satisfied—
(a)the person was entitled to the mineral or property immediately before it vested in the State; and
(b)there is enough security held for the mining claim to meet the costs for which it was deposited.

Note—

For the provision of security, see section 83.
(6)The approval may be given on conditions stated in it.
(7)If the application is approved, the person named in the approval may enter the land and remove mineral or property (other than covers, fencing, casings, linings, timbering or other things securing the safety of the land) stated in the application before the time stated in the approval ends.
(8)Anything removed under subsection (7) divests from the State and vests in the person entitled to it immediately before the termination of the mining claim.
(9)However, mineral divests from the State and forms part of the land if it is not removed before the later of—
(a)the end of the time stated in an approval under this section; or
(b)3 months after the termination of the mining claim.

123Property remaining on former mining claim may be sold etc.

(1)This section applies if the chief executive has not received, or has received but not granted, an application for approval to remove property from the area of a terminated mining claim within 3 months after the claim’s termination.
(2)The chief executive may—
(a)sell the property by public auction or in another way; or
(b)if the property has no commercial value—dispose of or destroy it.
(3)Proceeds of a sale are to be applied in the following order towards—
(a)the reasonable expenses incurred in the sale;
(b)the cost of rectifying actual damage for which an amount of security deposited for the mining claim could have been used but was not used, or was inadequate;
(c)costs and expenses mentioned in the Environmental Protection Act, section 316C;
(c)any costs or expenses mentioned in the Environmental Protection Act, section 298;
(d)amounts owing to the State under this Act by the former holder;
(e)any other amounts owing to the State under the Environmental Protection Act for a relevant environmental authority;
(f)rates and charges (including interest on unpaid rates and charges) owing to a local government by the former holder for the mining claim;
(g)amounts owing to a mortgagee by the former holder under a mortgage registered under this Act over the mining claim.
(4)Any balance must be paid to the former holder.
(5)If the chief executive can not decide the identity of, or locate, a person entitled to the proceeds or a part of the proceeds, the chief executive may pay the amount to the public trustee as unclaimed moneys.
(6)Compensation is not payable for a sale, disposal or destruction under this section.

124Approval for prospecting or exploring on reserve subject of mining claim application

(1)The holder of a prospecting permit or exploration permit who makes application for the grant of a mining claim in respect of land that is a reserve and who is unable to obtain the consent of the owner to prospect or explore on that land for the purposes of obtaining information necessary to further the application may apply to the chief executive for permission to so prospect or explore upon that land.
(2)The chief executive may reject the application or may recommend to the Minister that, subject to the views of the owner being obtained and taken into account, permission be given to the holder to prospect or explore accordingly.
(3)Where the Minister gives the holder of a prospecting permit or exploration permit permission pursuant to subsection (2), the holder, for as long as the holder complies with any conditions imposed by the Minister, shall be deemed to have the consent of the owner of the relevant land to be on that land for prospecting or exploring purposes until the application for the grant of the mining claim is determined or the Minister otherwise determines.

125Variation of access to mining claim area

(1)The holder of a mining claim may apply to the chief executive in the approved form for a variation of the land used or proposed to be used as access in relation to the area of the mining claim.
(2)An application for a variation of the land used or proposed to be used as access under this section shall be accompanied by—
(a)such particulars as are, by section 61, required to accompany an application for the grant of a mining claim in so far as those particulars relate to the land used or proposed to be used as access in relation to the area of the mining claim; and
(b)the prescribed application fee.
(3)Where, in respect of an application for a variation of the land used or proposed to be used as access under this section, the chief executive is not satisfied that the owner of the land proposed to be used as access consents to the use, the chief executive must refer the issue of consent to the Land Court for its consideration.
(4)The Land Court must fix a date for the hearing and immediately give written notice of the date to each of the following—
(a)the chief executive;
(b)the applicant;
(c)the land owner.
(4A)The date must be at least 20 business days after the day the Land Court fixes the date.
(5)The Land Court shall hear and determine the matter by determining—
(a)that consent to the proposed variation should or should not be given; and
(b)if consent should be given, the amount (if any) of compensation payable by the holder in respect of the proposed use of that land as access.
(6)Subject to subsection (7), the provisions of section 85(5) to (9) apply in respect of a matter referred to the Land Court under this section as if the matter were an application made to the Land Court under section 85(4).
(7)In determining compensation payable under subsection (5), allowance shall be made for compensation agreed or determined to be payable in respect of the current land used as access in respect of the mining claim.
(8)The determination of the Land Court of a matter under this section shall be final and conclusive.
(9)In respect of an application made under this section, upon—
(a)where the proposed access is over land of which there is an owner—
(i)lodgement with the chief executive of the consent in writing of the owner or owners of that land; or
(ii)where the Land Court determines that consent should be granted, whether with or without compensation, compliance with any terms and conditions imposed by the Land Court to be complied with before consent is given; and
(b)where the proposed access is over land of which there is no owner, the chief executive determining that the variation is, in the circumstances, appropriate;

the chief executive shall record the variation of that access in the register and advise the holder and the owner accordingly.

(10)An agreement made between a holder and an owner of land regarding compensation payable in respect of the proposed use of the land as access in respect of a mining claim as a result of a variation under this section shall not be effective unless and until—
(a)it is in writing signed by or on behalf of the parties; and
(b)it is filed.

Chapter 4 Exploration permits

Part 1 Preliminary

126Blocks and sub-blocks of land

(1)For the purposes of this Act the surface of the earth shall be deemed to be divided into blocks and sub-blocks.
(2)A block shall be the land contained within 2 meridians 5' of longitude apart each meridian being a multiple of 5' of longitude from the meridian of Greenwich and within 2 parallels of latitude 5' apart each parallel of latitude being a multiple of 5' of latitude from the equator.
(3)A block shall be divided into 25 sub-blocks each sub-block being bounded by 2 meridians 1' of longitude apart and 2 parallels of latitude and 1' of latitude apart.
(4)Each block and sub-block shall be identified by a means approved for the time being by the chief executive.

127Land subject to exploration permit

(1)An exploration permit authorises entry to sub-blocks of land specified therein.
(2)Subject to subsection (3), an exploration permit shall be granted in respect of specified sub-blocks of land each sub-block to have at least 1 side in common with another sub-block within the subject land.
(3)If the Minister, on the information contained inprovided for the application for an exploration permit, is satisfied that the program ofproposed work proposed in the applicationprogram can be carried out using competent and efficient mineral exploration practices, an exploration permit may be granted for sub-blocks of land that do not have a common boundary.
(4)Unless otherwise approved by the Minister either generally or in a particular case, the area of land in respect of which an exploration permit may be granted shall not exceed the area prescribed in respect of the mineral or minerals concerned.

128Only eligible persons to hold exploration permits

An exploration permit shall not be held by a person who is not an eligible person.

129Entitlements under exploration permit

(1)During the term of an exploration permit—
(a)the holder of the exploration permit and any person who acts for the purpose of carrying out any activity authorised by the exploration permit, with or by such vehicles, vessels, machinery and equipment as may be necessary or expedient for the purpose of exploring for any mineral to which the exploration permit applies, may, in compliance with the Common Provisions Act, chapter 3, enter any part of the area of the exploration permit for the purpose of—
(i)facilitating that exploration; or
(ii)plugging and abandoning, or otherwise remediating, a legacy borehole and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation; and
(b)the holder of the permit may, subject to compliance with this Act, have considered for grant, in priority to all other persons, an application for the grant of a mining claim, mineral development licence or mining lease for all or part of the area of the permit; and
(c)the holder of the permit may enter the area of the permit for either or both of the following purposes—
(i)doing all acts necessary to comply with this Act for an application mentioned in paragraph (b);
(ii)if the application or EIS relates to an application mentioned in paragraph (b), doing all acts necessary to comply with—
(A)an application for an environmental authority under the Environmental Protection Act; or
(B)that Act for an EIS; or
(C)the State Development and Public Works Organisation Act 1971 for an EIS.

Example for paragraph (c)(ii)—

The holder of the permit wishes to apply for the grant of a mining lease for the area of the permit. The holder also wishes to apply for an environmental authority for a mining activity that relates to the mining lease under the Environmental Protection Act. The holder may enter the area to carry out an environmental assessment for the environmental authority application under the Environmental Protection Act, section 125(1)(l).
(7)The holder of an exploration permit, and each person who enters or is upon land under the authority of that exploration permit, shall comply with the terms and conditions upon which any consent required to be given under this Act in respect thereof was given by the owner of that land.
(15)For the purpose of exercising his or her entitlements under this part a person who enters or is upon land under the authority of an exploration permit may stay at night thereon and for that purpose may set up temporary accommodation thereon.
(16)During the term of an exploration permit, the rights of the holder of the permit relate, and are taken to have always related, to the whole of the area of the permit.

130Exploration permit to specify minerals sought

(1)Except where subsection (2) is applied, an exploration permit shall be granted in respect of—
(a)all minerals other than coal; or
(b)coal.
(2)If, in the exceptional circumstances of a particular case, the Minister considers good reason exists therefor, an exploration permit may be granted in respect of the mineral or minerals specified therein.
(3)Minerals may be specified by indicating other minerals to which the exploration permit does not apply.

130AA Types of work program for term of exploration permit

(1)A work program for a term of an exploration permit is—
(a)a work program (activities-based); or
(b)a work program (outcomes-based).
(2)A work program (activities-based) for a term of an exploration permit is a document stating—
(a)the activities proposed to be carried out during the term; and
(b)the estimated human, technical and financial resources proposed to be committed to exploration during the term.
(3)A work program (outcomes-based) for a term of an exploration permit is a document stating—
(a)the outcomes proposed to be pursued during the term; and
(b)the strategy for pursuing the outcomes mentioned in paragraph (a); and
(c)the information and data proposed to be collected as an indication of mineralisation during the term; and
(d)the estimated human, technical and financial resources proposed to be committed to exploration during the term.

Part 2 Obtaining exploration permit for a mineral other than coal

130AApplication of pt 2

This part applies to exploration permits for a mineral other than coal.

131Who may apply

(1)An eligible person may apply for an exploration permit (the proposed permit) other than for a sub-block—
(a)over which a current exploration permit authorises exploration for a mineral for which the proposed permit is sought; or
(b)that has been the subject of an exploration permit (the earlier permit) authorising the exploration for a mineral for which the proposed permit is sought and less than 2 months has passed since the end of the month in which the sub-block ceased to be in—
(i)the earlier permit’s area; or
(ii)if the earlier permit has ended—the former earlier permit’s area; or
(c)that is or has been the subject of an earlier exploration permit application if the earlier application was for a mineral for which the proposed permit is sought and—
(i)the earlier application has not been decided; or
(ii)if the earlier application has been refused or abandoned—less than 2 months has passed since the end of the month in which the earlier application was refused or abandoned.
(2)However, an application can not be made for an exploration permit for a sub-block the subject of a call for EP (non-coal) tenders.

Note—

See section 136A in relation to calls for EP (non-coal) tenders.
(3)Despite subsection (1)(a), an eligible person may apply for a proposed permit for a sub-block (the relevant sub-block) in the area of a current exploration permit if—
(a)the person is the holder of the current exploration permit; and
(b)the person purports to surrender the current exploration permit under section 161(1) and the application for the proposed permit relates to land including the relevant sub-block.
(4)Despite subsection (1)(b), an eligible person may apply for a proposed permit for a sub-block over which the person held an exploration permit the person had surrendered to be granted a further exploration permit for the sub-block.

132Exclusion of land from area of exploration permit if subject to other authority under Act

(1)Where, at the time the lodgement of an application for the grant of an exploration permit is accepted, land is the subject of—
(a)a mining claim, mineral development licence or mining lease; or
(b)an application for a mining claim, mineral development licence or mining lease;

that land and the surface of that land shall be taken to be excluded from the land specified in the exploration permit—

(c)in the case of a mining claim, mineral development licence or mining lease referred to in paragraph (a)—for so long as the land remains subject thereto; and
(d)in the case of an application referred to in paragraph (b)—
(i)for so long as the application is not rejected or abandoned; and
(ii)if a mining claim, mineral development licence or mining lease is granted, for so long as the land remains subject thereto;

except where the Minister, in exceptional circumstances in the Minister’s absolute discretion otherwise determines.

(2)Upon—
(a)the termination of a mining claim or mining lease granted; or
(b)the rejection or abandonment of an application for—
(i)a mining claim; or
(ii)a mineral development licence; or
(iii)a mining lease;

in respect of land within the external boundaries of the area of an exploration permit that land shall become part of the area of the exploration permit except—

(c)to the extent that the land is the subject of a current mining claim, mineral development licence or mining lease or application for a mining claim, mineral development licence or mining lease; or
(d)in the case of a rejection or abandonment of an application for a mineral development licence where the applicant is not the holder of the exploration permit; or
(e)where the exploration permit provides otherwise.

133Application for exploration permit

An application for an exploration permit may be made by an eligible person and shall—
(a)be in the approved form; and
(b)specify the name of each applicant; and
(c)specify the name and address for service of 1 person upon whom any notice may be served on behalf of the applicant or the applicants; and
(d)define the boundary of the area of the proposed exploration permit; and

Note—

Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.
(e)specify the mineral or minerals in respect of which the exploration permit is sought; and
(f)be accompanied by—
(i)if any of the area of the proposed exploration permit has been the subject of an earlier permit mentioned in section 131(1)(b) or an earlier exploration permit application mentioned in section 131(1)(c)—a proposed work program (activities-based) for the term of the permit, if granted; or
(ii)otherwise—a proposed work program for the term of the permit, if granted; and
(g)be accompanied by a statement detailing exploration data captured by the applicant prior to the application in relation to the land the subject of the application; and
(f)be accompanied by a statement—
(i)specifying a description of the program of work proposed to be carried out under the authority of the exploration permit, if granted; and
(ii)specifying the estimated human, technical and financial resources proposed to be committed to exploration work during each year of the exploration permit, if granted; and
(iii)detailing exploration data captured by the applicant prior to the application in relation to that land; and
(gh)be accompanied by—
(i)a statement, separate from the statement mentioned in paragraph (f), detailing the applicant’s financial and technical resources; and
(ii)if the application relates to land that includes sub-blocks of land that do not have a common boundary—a statement detailing how the work proposed can be carried out using competent and efficient mineral exploration practices; and
(iii)if the application relates to an area of land that exceeds the area prescribed for the mineral or minerals—a statement about why the applicant requires more than the prescribed area of land; and
(iv)proof of the applicant’s identity; and
(v)the application fee prescribed under a regulation.

134Application to be numbered

An application for an exploration permit shall be numbered as prescribed which number, if the exploration permit is granted, shall become the number of that permit.

134APriority of applications for grant of exploration permit

(1)Applications for the grant of exploration permits in respect of the same mineral, duly made in respect of or including the same land take priority, for the purpose of considering and deciding the applications, according to the day on which they are lodged under this Act.
(2)If applications are lodged on the same day, they take the priority the Minister decides, after considering the relative merits of each application.
(3)If an application is lodged by mail, courier service or similar means, it is taken to be lodged on the day the application is received at a place that the application may be lodged under section 386O.
(4)Subsection (5) applies if 1 or more applications mentioned in subsection (2) were accompanied by a proposed work program (outcomes-based) for the term of the permit, if granted.
(5)Before deciding the priority of the applications under subsection (2), the Minister may, by written notice given to the applicant, require the applicant to give the Minister, within the reasonable period stated in the notice, a proposed work program (activities-based) for the term of the permit, if granted.

135Abandonment of application for exploration permit

(1)The applicant for an exploration permit may, at any time before the grant of the exploration permit, by notice in writing to the chief executive abandon the application in relation to all or part of the land to which it relates.
(2)The abandonment of an application for the grant of an exploration permit shall take effect on the day next following its receipt by the chief executive.
(2A3)If the application is abandoned in relation to part only of the land to which it relates, the application must be amended to define the boundary of the area of the proposed exploration permit for which the application is to remain in force.

Note—

Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.
(3)Upon the abandonment of an application for an exploration permit, the Minister, at the Minister’s discretion, may retain the whole or part of the application fee.

136Grant of exploration permit on application

(1)The Minister may, for an application for an exploration permit under this part—
(a)grant an exploration permit, with or without conditions; or
(b)refuse the application.
(2)However, the Minister must not grant an exploration permit unless the Minister is satisfied the prescribed criteria for the grant of the permit are met.
(3)Also, subject to subsection (4), the Minister must not grant an exploration permit for land if all or any part of the land is—
(a)in a fossicking area; or
(b)subject to an exploration permit for the same mineral.
(4)Subsection (3)(a) does not apply if the application for the exploration permit was made, but not decided, before the land became a fossicking area.
(5)If the Minister refuses an application for an exploration permit under this part, the Minister may decide whether all or part of the application fee that accompanied the application will be retained.

136AObtaining exploration permit by competitive tender

(1)This section applies if the Minister considers it is in the best interests of the State for an exploration permit for a mineral other than coal to be granted for 1 or more sub-blocks by competitive tender.
(2)The Minister may publish a gazette notice (a call for EP (non-coal) tenders) inviting tenders for the exploration permit.
(3)Part 3, divisions 2 and 3 apply for the call for EP (non-coal) tenders—
(a)as if—
(i)a reference to a call for EP (coal) tenders were a reference to a call for EP (non-coal) tenders; and
(ii)a reference to an exploration permit for coal were a reference to an exploration permit for a mineral other than coal for the sub-blocks the subject of the call; and
(b)with any other necessary changes.
(4)The Minister must not act under subsection (2) for a sub-block that is—
(a)in a fossicking area; or
(b)the subject of an application for an exploration permit for the same mineral.

Part 3 Obtaining exploration permit for coal

Division 1 Preliminary

136BApplication and operation of pt 3

(1)This part—
(a)applies to exploration permits for coal; and
(b)provides for a process for the granting of exploration permits for coal—
(i)generally, by competitive tender; or
(ii)to a person who holds 1 or more exploration permits for coal for the same land that are surrendered immediately before the grant of the permit; or
(iii)to a person in relation to a coal mining project under division 5.
(2)To remove any doubt, it is declared that an exploration permit for coal can only be granted under this part.

Division 2 Competitive tenders

136CCall for tenders

(1)The Minister may publish a gazette notice (a call for EP (coal) tenders) inviting tenders for an exploration permit for coal.
(2)The call must state—
(a)the proposed area of the permit; and
(b)the proposed term of the permit; and
(bc)the day and time by which tenders in response to it must be made (the closing time for the call); and
(cd)that the tenders must be lodged before the closing time for the call; and
(e)that the tenders must be accompanied by a proposed work program for the term of the permit, if granted; and
(f)whether the proposed work program under paragraph (e) must be a proposed work program (activities-based) or a proposed work program (outcomes-based); and
(dg)that details about each of the following are available at a stated place—
(i)any proposed conditions of the permit that are likely to impact significantly on exploration in the proposed area;
(ii)the period of not more than 5 years for which the proposed program of work for the permit must apply;
(iii)any criteria (special criteria), other than the prescribed criteria, proposed to be used to decide whether to grant the permit, or to decide its provisions;
(iviii)whether a process for appointing a preferred tenderer involving a cash bid component is to be used for deciding the call.
(3)The call may state other relevant matters, including, for example, matters relevant to the special criteria and prescribed criteria.
(4)Subsection (2)(d)(i) does not limit the Minister’s power under section 136K to decide conditions of the exploration permit if it is granted.g)(i) does not limit the Minister’s power under section 136K to decide conditions of the exploration permit if it is granted.
(5)However, the Minister must not act under this section for land if all or any part of the land is—
(a)in a fossicking area; or
(b)the subject of an application for an exploration permit for the same mineral.

136DRight to tender

(1)An eligible person may, by a tender made under section 136E, tender for a proposed exploration permit the subject of a call for EP (coal) tenders.
(2)However, the tender can not be made—
(a)after the closing time for the call; or
(b)for only part of the area of the proposed exploration permit.

136ERequirements for making tender

A tender for an exploration permit for coal must—
(a)be in the approved form; and
(b)be accompanied by a proposed work program, of the type required under section 136C(2)(f), for the term of the permit, if granted; and
(b)be accompanied by a statement—
(i)specifying a description of the program of work proposed to be carried out under the authority of the exploration permit, if granted; and
(ii)specifying the estimated human, technical and financial resources proposed to be committed to exploration work during each year of the exploration permit, if granted; and
(c)be accompanied by a statement, separate from the statement mentioned in paragraph (b), detailing the tenderer’s financial and technical resources; and
(d)be accompanied by the following—
(i)proof of the tenderer’s identity;
(ii)the application fee prescribed under a regulation;
(iii)if a process for appointing a preferred tenderer involving a cash bid component is to be used for deciding the call—the tenderer’s cash bid.

136FRight to terminate call for tenders

(1)The Minister may, by gazette notice, terminate a call for EP (coal) tenders at any time before deciding to grant an exploration permit to an eligible person who has made a tender in response to the call.
(2)All tenders in response to the call lapse when the call is terminated.
(3)No amount, whether by way of compensation, reimbursement or otherwise is payable by the State to any person for or in connection with the termination.
(4)However, subject to sections 136H(4) and 136J(4), the Minister must refund any tender security given by the tenderer.

136GAmendment of tender

(1)This section provides for the amendments that can be made to a tender in response to a call for EP (coal) tenders.
(2)A proposed program of workwork program included in the tender may be amended at any time until, but not after, the tenderer has become the preferred tenderer for the call.
(3)The tender may be amended, other than as provided by subsection (2), at any time until, but not after, the closing time for the call.
(4)However, subsection (3) does not apply if—
(a)the tenderer is a company; and
(b)the change is only a change of name of the tenderer; and
(c)the tenderer’s Australian company number and Australian registered business name have not changed.

136HWithdrawal of tender

(1)A person who has lodged a tender in response to a call for EP (coal) tenders may lodge a notice withdrawing the tender at any time before the relevant exploration permit is granted.
(2)The withdrawal takes effect when the notice is lodged.
(3)If the preferred tenderer’s tender is withdrawn under this section, the withdrawal does not affect the Minister’s power to appoint another tenderer, from the tenders made in response to the call, to be the preferred tenderer.
(4)If a tender is withdrawn under this section, the Minister may, if the Minister considers it reasonable in the circumstances, retain the whole or part of any tender security given by the tenderer.

Division 3 Deciding tenders

136IProcess for deciding tenders

(1)Subject to section 136K(2) and (3), any process the Minister considers appropriate may be used to decide a call for EP (coal) tenders, including, for example—
(a)a process appointing a preferred tenderer on the tenders made in response to the call (whether or not involving a cash bid component); or
(b)a process involving short-listing a group of possible preferred tenderers and inviting them to engage in another round of tendering before appointing a preferred tenderer from that group.
(2)Without limiting subsection (1), the Minister may give a tenderer a notice requiring the tenderer to give the Minister, within the reasonable period stated in the notice, information the Minister reasonably requires to assess the tender.

136JProvisions for preferred tenderers

(1)The Minister may require a preferred tenderer for the call for EP (coal) tenders to—
(a)pay any amounts necessarily incurred, or to be incurred, to enable the exploration permit to be granted; and

Example—

amounts required to comply with the Commonwealth Native Title Act, part 2, division 3, subdivision P
(b)do all or any of the following within a stated reasonable period—
(i)pay the rental for the first year of the term of the permit under section 138;
(ii)give, under section 144, security for the permit.
(2)If a preferred tenderer does not—
(a)comply with a requirement under subsection (1); or
(b)do all things reasonably necessary to allow an exploration permit for coal to be granted to the tenderer;

the Minister may revoke the tenderer’s appointment as the preferred tenderer.

(3)However, before acting under subsection (2), the Minister must give the preferred tenderer a reasonable opportunity to provide reasons for, and rectify, the tenderer’s failure to comply with a requirement under subsection (1) or (2)(b).
(4)If the Minister revokes the appointment of the tenderer as the preferred tenderer under this section, the Minister may—
(a)retain the whole or part of any tender security given by the tenderer, if the Minister considers it reasonable in the circumstances; and
(b)appoint another tenderer to be the preferred tenderer.

136KDeciding whether to grant exploration permit

(1)The Minister may, after the closing time for the call for EP (coal) tenders—
(a)grant an exploration permit for coal to 1 tenderer, with or without conditions; or
(b)refuse to grant any exploration permit for coal.
(2)However, the Minister must not grant the exploration permit unless the Minister is satisfied the prescribed criteria for the grant of the permit are met.
(3)Also, in deciding whether to grant an exploration permit or deciding its provisions, the Minister must consider any special criteria for the call.

136LNotice to unsuccessful tenderers

(1)After a call for EP (coal) tenders has been decided, each tenderer not granted the exploration permit must be given notice of the decision.

Note—

See also the Judicial Review Act 1991, section 32 (Request for statement of reasons).
(2)Subject to sections 136H(4) and 136J(4), the Minister must refund any tender security given by the tenderer.

Division 4 Obtaining exploration permit following surrender

136MApplication for exploration permit for surrendered exploration permits

(1)This section applies if the holder of an exploration permit for coal intends to surrender the permit.
(2)The holder may apply for a new exploration permit for the whole or part of the area of the exploration permit to be surrendered.
(3)The application must be made in the same way an application for an exploration permit is made under section 133.
(4)The Minister may give the applicant a notice requiring the applicant to give the Minister information the Minister reasonably requires to assess the application.
(5)If the information is not given to the Minister within the reasonable period stated in the notice, the Minister may refuse the application.
(6)An application for ana new exploration permit under this section must be numbered in the way prescribed under a regulation and the number, if the permit is granted, must become the number of that permit.

136NGrant of exploration permit for surrendered exploration permits

(1)The Minister may, for an application for ana new exploration permit under section 136M
(a)grant the new exploration permit, with or without conditions; or
(b)refuse the application.
(2)However, the Minister must not grant ana new exploration permit under this section unless the Minister is satisfied the prescribed criteria for the grant of the permit are met.
(3)Also, subject to subsection (4), the Minister must not grant ana new exploration permit for land if all or any part of the land is in a fossicking area.
(4)Subsection (3) does not apply if the application for the new exploration permit was made, but not decided, before the land became a fossicking area.
(5)The term of a new exploration permit is the term decided by the Minister.
(6)However, the end of the term can not be more than 15 years after—
(a)if the area of the new exploration permit is comprised of the whole or part of the area of 1 surrendered exploration permit—the day the surrendered permit was granted; or
(b)if the area of the new exploration permit is comprised of the whole or part of the area of more than 1 surrendered exploration permit—the day the earliest of the surrendered permits was granted.
(5)If the Minister refuses the application, the Minister may decide whether all or part of the application fee that accompanied the application will be retained.

Division 5 Obtaining exploration permit for coal other than by competitive tender

136O Definitions for division

In this division—
coal interest means—
(a)a coal exploration tenement; or
(b)a coal mining lease; or
(c)an application for a coal mining lease.
coal mining project see section 136P(1).
project land, for a coal mining project, see section 136P(2).

136P Meaning of coal mining project and project land

(1)A coal mining project is 1 or more coal interests that is or includes a coal mining lease, or an application for a coal mining lease, if authorised activities for the coal interest or interests are or will be carried out as a single integrated operation.
(2)Project land for a coal mining project is land in the area of any of the following for the project—
(a)a coal exploration tenement;
(b)a coal mining lease;
(c)a proposed coal mining lease the subject of an application for a coal mining lease.

136Q Who may apply

An eligible person may apply under this division for an exploration permit for coal for an area if—
(a)the eligible person is the holder of, or the applicant for, a coal mining lease that is, or is included in, a coal mining project; and
(b)the area—
(i)is contiguous to project land for the coal mining project; and
(ii)is not the subject of a coal interest or an application for a coal exploration tenement; and
(iii)is not more than 6 sub-blocks; and
(iv)is not the subject of a call for EP (coal) tenders; and
(c)an exploration permit for coal has not previously been granted under this division in relation to the coal mining project.

136R Application

An application under this division for an exploration permit for coal in relation to a coal mining project must—
(a)be in the approved form and lodged with the chief executive; and
(b)state the name of the applicant; and
(c)define the boundary of the area of the proposed exploration permit; and

Note—

Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.
(d)be accompanied by—
(i)a proposed work program for the term of the permit, if granted; and
(ii)a statement about how the work proposed to be carried out under the authority of the exploration permit is necessary for the operation of the coal mining project; and
(d)be accompanied by a statement—
(i)describing the program of work proposed to be carried out under the authority of the exploration permit; and
(ii)stating the estimated human, technical and financial resources proposed to be committed to the work during each year of the exploration permit; and
(iii)stating how the work proposed to be carried out under the authority of the exploration permit is necessary for the operation of the coal mining project; and
(e)be accompanied by a statement, separate from the statement mentioned in paragraph (d), detailing the applicant’s financial and technical resources; and
(f)be accompanied by—
(i)proof of the applicant’s identity; and
(ii)the application fee prescribed by regulation.

136S Deciding application

(1)The Minister may—
(a)grant the exploration permit for coal, with or without conditions, for all or part of the area of the proposed exploration permit; or
(b)refuse the application.
(2)However, the Minister must not grant the exploration permit unless the Minister is satisfied the prescribed criteria for the grant of the permit are met.
(3)Also, the Minister must not grant the exploration permit if all or part of the area of the proposed exploration permit is in a fossicking area.
(4)Subsection (3) does not apply if the application for the exploration permit was made but not decided before the area became a fossicking area.
(5)Without limiting subsection (1), the Minister may refuse to grant the exploration permit if the Minister considers the grant is not in the public interest.
(6)The Minister may grant the exploration permit for coal only if the Minister is satisfied—
(a)the applicant is the holder of, or the applicant for, a coal mining lease that is, or is included in, a coal mining project; and
(b)the area of the exploration permit is contiguous to the project land for the coal mining project; and
(c)the area of the exploration permit is not the subject of a coal interest or an application for a coal exploration tenement; and
(d)the area of the exploration permit is not more than 6 sub-blocks; and
(e)an exploration permit for coal has not previously been granted under this division in relation to the coal mining project; and
(f)the exploration permit is necessary for the operation of the coal mining project; and
(g)the applicant has demonstrated the financial and technical capability of carrying out the activities proposed under the exploration permit; and
(h)the area of the exploration permit is not identified, or likely to be identified, as land to be released for tender for coal or other minerals.
(7)If the exploration permit is granted for only part of the area of the proposed exploration permit—
(a)the application is taken to be refused for the remainder of the area; and
(b)the Minister must give the applicant written notice of the reasons for the refusal.
(8)If the Minister refuses the application, the Minister must give the applicant written notice of the reasons for the refusal.
(8)If the Minister refuses the application, the Minister—
(a)must give the applicant written notice of the reasons for the refusal; and
(b)may refund all or part of the application fee that accompanied the application.

136T Withdrawing application

(1)The applicant for an exploration permit may lodge a notice with the chief executive withdrawing the application in relation to all or part of the area to which it relates at any time before the grant of the exploration permit.
(2)The withdrawal takes effect when the notice is lodged.
(3)If an application for an exploration permit is withdrawn in relation to only part of the area to which it relates, the application must be amended to define the boundary of the area of the proposed exploration permit for which the application is to remain in force.

Note—

Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.
(4)If an application for an exploration permit is withdrawn under this section, the Minister may, if the Minister considers it reasonable in the circumstances, retain the whole or part of the application fee.

Part 4 Other provisions about exploration permits

137Prescribed criteria for grant of exploration permit

(1)This section states the criteria (prescribed criteria) for the grant of an exploration permit under part 2 or 3.
(2)The criteria are as follows—
(a)the requirements of this Act have been complied with;
(b)the applicant is an eligible person;
(c)the applicant has paid rental for the first year of the term of the exploration permit under section 138;
(d)the Minister has, under subsection (3), approved the program ofa work that accompaniedprogram for the application forterm of the exploration permit;
(e)the Minister has not, under subsection (4), decided the person is disqualified from being granted the permit.

Notes—

1Under section 144, an exploration permit can not be granted until the applicant has deposited security decided under that section.
2If the application relates to acquired land, see also section 10AAC.
(3)In deciding whether to approve the work program for the term of the exploration permit, the Minister must have regard to—
(a)for a work program (activities-based)—the following matters—
(i)the extent of the proposed activities in the proposed area of the permit;
(ii)when and where the applicant proposes to carry out exploration activities in the proposed area of the permit;
(iii)whether the applicant has the financial and technical capability of carrying out the proposed activities; or
(b)for a work program (outcomes-based)—the following matters—
(i)whether the applicant has an adequate technical knowledge of the geology of the proposed area of the permit;
(ii)whether the proposed outcomes ensure appropriate exploration of the proposed area of the permit;
(iii)whether the applicant has the financial and technical capability of pursuing the proposed outcomes.
(3)In deciding whether to approve the program of work, the Minister must have regard to the following matters—
(a)the extent of the proposed activities in the proposed area of the exploration permit;
(b)when and where the applicant proposes to carry out exploration activities in the proposed area of the exploration permit;
(c)whether the applicant has the financial and technical capability for carrying out the work.
(4)The Minister may decide an applicant is disqualified from being granted an exploration permit if—
(a)the Minister reasonably believes the applicant or, if the applicant is a company, an associate of the applicant has, at any time, contravened a provision of this Act, the repealed Acts or other mining legislation (whether or not the applicant or associate has been charged or convicted of an offence for the contravention); and
(b)having regard to the matters mentioned in subsection (5), the Minister considers the applicant is not a suitable person to carry out activities under the exploration permit.
(5)For subsection (4)(b), the matters to which the Minister may have regard are as follows—
(a)the nature of the contravention, including, for example—
(i)whether it relates to an administrative or procedural requirement; and
(ii)the extent to which the applicant or applicant’s associate was involved in the contravention; and
(iii)whether the contravention involved the applicant or associate engaging in fraudulent or dishonest conduct; and
(iv)the degree of harm caused or likely to be caused by the contravention to persons other than the applicant or to the environment;
(b)whether the applicant or applicant’s associate has been proceeded against for the contravention and, if so, the outcome of the proceeding;
(c)whether the applicant or an associate of the applicant has previously engaged in similar contraventions or other contraventions of a kind mentioned in subsection (4)(a), and the nature of the contraventions and the outcome of any proceedings for the contraventions;
(d)any other matters the Minister considers relevant.
(6)In this section—
associate, for an applicant that is a company, means—
(a)an officer or employee of the company; or
(b)another person who in the Minister’s opinion is in a position to control or influence substantially the company’s affairs.

137A Details of exploration permit to be recorded in register

The chief executive must record in the register the following details of an exploration permit—
(a)the identification number of the permit;
(b)the name of the holder;
(c)the address for service of notices on the holder;
(d)the description of land for which the permit is granted;
(e)the term and date of commencement of the permit;
(f)the conditions, other than conditions prescribed under this Act, to which the permit is subject;
(g)the minerals the subject of the permit;
(h)the programs of works and studies to be carried out under the permit.
(h)the work program approved by the Minister for the term of the permit.

138Rental payable on exploration permit

(1)Rental for the first year of the term of an exploration permit (its first rental period) is payable before the granting of the permit under part 2 or 3 (the original permit).
(2)On the renewal of an exploration permit, rental is payable—
(a)for the first year of the term of the renewed permit; and
(b)within 20 business days after the renewal is granted.
(3)For each year an exploration permit is in force, rental for the whole year (other than its first rental period) is payable on or before the anniversary of—
(a)for an original permit—the grant of the permit; or
(b)for a renewed permit—the day the term of the renewed permit started.

Note—

For when the term of a renewed permit starts, see section 147D.
(4)The amount of the rental payable for each year is calculated by multiplying the number of sub-blocks to which the permit applies by the amount prescribed under a regulation for the year.

139Periodic reduction in area of exploration permit

(1)The area of an exploration permit must be reduced—
(a)by 50% of the area of the permit, as stated under section 137A(d) when the permit was granted, by the day that is 5 years after the grant of the permit; and
(b)by 50% of the area remaining after the reduction under paragraph (a) by the day that is 10 years after the grant of the permit.
(1)Unless the Minister otherwise decides, whether before the grant of an exploration permit or during its term the area of the permit must be reduced—
(a)by 40% by the end of the first 3 years after the permit is granted; and
(b)by a further 50% of the remaining area of the permit by the end of the first 5 years after the permit is granted; and
(c)each time the permit is renewed—
(i)by a further 40% of the remaining area of the permit by the end of the first 3 years after the day the renewed permit started; and
(ii)by a further 50% of the remaining area of the permit by the end of the first 5 years after the day the renewed permit started.

Note—

See section 147D.
(2)The area remaining after the reduction must consist of whole sub-blocks.

Note—

See, however, section 10AAB(3) if land in the exploration permit is taken under a resumption law.
(3)If the holder reduces the area of an exploration permit under section 140 or 177 during a period mentioned in subsection (1), the reduction under section 140 or 177 may be counted towards the reduction required under subsection (1) for the period.
(4)Despite subsection (1), the Minister may direct the holder of an exploration permit to reduce the area of the permit by more or less than the area required under subsection (1) if the Minister considers it necessary because of—
(a)an exceptional event affecting the permit; or
(b)circumstances arising from the permit forming part of an exploration project.
(5)The holder of an exploration permit must, within 3 months before the day mentioned in subsection (1), make a submission to the chief executive identifying the sub-blocks of land to which the exploration permit will apply after the reduction under subsection (1).

Note—

For other relevant provisions about making a submission, see section 386O.
(3)If the Minister so directs on reasonable grounds, the reduction of the area of a particular exploration permit may be more or less than that prescribed by subsection (1).
(4)At least 20 business days (or such shorter period as the Minister in the particular case allows) prior to the date when, pursuant to subsection (1), the area of an exploration permit is to be reduced, the holder of the permit shall make a submission to the chief executive identifying the sub-blocks of land to which the holder desires the exploration permit to apply after that reduction.

Note—

For other relevant provisions about making a submission, see section 386O.
(56)If a submission made in accordance with subsection (4) proposes a reduction of the area of the exploration permit and the reduction complies with subsection (1), then on and from the date when the area is to be reduced, the exploration permit shall apply only in respect of the land specified in the submission.5) proposes a reduction of the area of the exploration permit and the reduction complies with subsection (1), then on and from the date when the area is to be reduced, the exploration permit shall apply only in respect of the land specified in the submission.
(67)If a submission that is made for the purposes of subsection (4) is not made in accordance with subsection (4) or does not comply with subsection (1), then the Minister may determine as the Minister considers reasonable that an exploration permit shall apply on and from the date of the Minister’s determination or the date when pursuant to subsection (1) the reduction should take effect, whichever is the later in respect of land specified in the Minister’s determination, and on and from that date the exploration permit shall apply only in respect of that land.5) is not made in accordance with subsection (5) or does not comply with subsection (1), then the Minister may determine as the Minister considers reasonable that an exploration permit shall apply on and from the date of the Minister’s determination or the date when pursuant to subsection (1) the reduction should take effect, whichever is the later in respect of land specified in the Minister’s determination, and on and from that date the exploration permit shall apply only in respect of that land.
(78)If the holder of an exploration permit fails to make a submission in accordance with subsection (4) the Minister may proceed as provided in subsection (6) or may cancel the exploration permit.5) the Minister may proceed as provided in subsection (7) or may cancel the exploration permit.
(89)Compensation is not payable for a reduction in the area of an exploration permit under this section.

140Voluntary reduction in area of exploration permit

(1)In addition to the requirement under section 139 to reduce the area of an exploration permit, the holder of the permit may, at any time during its term, make a submission to the chief executive—
(a)voluntarily reducing the area of the permit; and
(b)identifying the sub-blocks of land to which the holder no longer wants the permit to apply.
(2)The area remaining after the reduction must consist of whole sub-blocks.

Note—

See, however, section 10AAB(3) if land in the exploration permit is taken under a resumption law.
(3)The Minister may approve the reduction, with or without conditions, or refuse the reduction.
(4)If the Minister approves the reduction, the Minister must give the holder a written notice stating—
(a)the reduction is approved; and
(b)the date of the approval; and
(c)if the Minister decides to approve the reduction on conditions—the conditions and reasons for the decision.
(5)If the Minister refuses the reduction, the Minister must give the holder a written notice stating the reasons for the decision.
(6)The reduction takes effect on the date it is approved.
(7)Compensation is not payable for the reduction.

141Conditions of exploration permit

(1)Each exploration permit shall be subject to—
(aa)a condition that the holder must—
(i)comply with the mandatory provisions of the land access code and the small scale mining code to the extent the codes apply to the holder; and
(ii)ensure any other person carrying out an authorised activity for the exploration permit complies with the mandatory provisions of the land access code and the small scale mining code; and
(a)a condition that the holder must—
(i)if the work program approved by the Minister for the term of the permit states the activities to be carried out during the term—carry out the activities to the extent reasonable in all of the circumstances; and
(ii)if the work program approved by the Minister for the term of the permit states the outcomes to be pursued during the term—pursue the outcomes to the extent reasonable in all of the circumstances; and
(a)a condition that the holder shall carry out such programs of work and such studies for the purposes for which the exploration permit was granted and in accordance with this Act and the conditions of the exploration permit and for no other purpose; and
(b)a condition that the holder must carry out improvement restoration for the exploration permit; and
(c)a condition that the holder prior to the termination for whatever cause of the exploration permit shall remove all equipment and plant on or in the area of the exploration permit unless otherwise authorised by the Minister; and
(d)a condition that without the prior approval in writing of the Minister the holder shall not obstruct or interfere with any right of access had at any time during the term of the exploration permit by any person in respect of the area of the exploration permit for so long as that right of access is exercised; and
(e)a condition that the holder must give the Minister, in the way prescribed by regulation, the reports, returns, documents and statements required to be given to the Minister under a regulation; and
(f)a condition that the holder must, when the Minister directs, give the Minister the following things in the way and within the period prescribed by regulation—
(i)a report about the exploration permit, in addition to any report mentioned in paragraph (e);
(ii)a sample of stated materials that were obtained because of the holder’s activities under the exploration permit; and

Note—

For other relevant provisions about giving a document to the Minister, see section 386O.
(f)a condition that the holder must, when the Minister directs, give to the Minister a report—
(i)about the exploration permit, that is in addition to any report mentioned in paragraph (e); and
(ii)about materials obtained because of the holder’s activities under the exploration permit; and

Note—

For other relevant provisions about giving a document to the Minister, see section 386O.
(g)a condition that the holder—
(i)shall pay the rental as prescribed; and
(ii)shall deposit as required by the Minister any security from time to time under this Act; and
(h)a condition that the holder shall comply with this Act and other mining legislation; and
(i)such other conditions as are prescribed; and
(j)such other conditions as are determined by the Minister.
(4)The holder of an exploration permit and all persons acting under the authority of the permit shall comply with the conditions for the time being of the permit.
(5)Conditions may be imposed in respect of an exploration permit that require compliance with specified codes.
(6)Despite subsections (1) and (5), a condition must not be determined, imposed, prescribed or varied if the condition, or the condition as varied, is the same, or substantially the same, or inconsistent with, a relevant environmental condition for the exploration permit.

141A Amendment of conditions by Minister if exceptional event

(1)This section applies if the Minister considers the conditions of an exploration permit must be amended because of an exceptional event affecting the permit.
(2)The Minister may amend the permit by imposing a condition on, or varying or removing a condition of, the permit without application from the holder.
(3)The amendment takes effect 10 business days after the holder is given the notice or, if the notice states a later day of effect, the later day.
(4)This section does not limit section 141(1)(j).

141AA Additional conditions of exploration permit relating to native title

(1)Conditions determined for an exploration permit by the Minister under section 141(1)(j) may include native title protection conditions for the permit.
(2)Subsection (1) does not limit section 141(1)(j).
(3)In this section—
native title protection conditions, for an exploration permit, means conditions that—
(a)are about ways of minimising the impact of the permit on native title in relation to the land affected by the permit, including ways of accessing the land and ways anything authorised under the permit may be done; and
(b)are identified in the permit as native title protection conditions for the permit.

141BOther agreement conditions

(1)This section applies if—
(a)a registered indigenous land use agreement under the Commonwealth Native Title Act, or an agreement mentioned in section 31(1)(b) of the Commonwealth Native Title Act, provides for the grant, renewal or variation of, or another act concerning, an exploration permit; and
(b)the State is a party to the agreement; and
(c)the agreement includes a requirement that, if the act is done, the exploration permit must be subject to conditions stated in the agreement (the stated conditions); and
(d)the act is done.
(2)The exploration permit is subject to the stated conditions.

141CApplication to vary conditions of existing permit

(1)This section applies if a variation of the conditions of an exploration permit (the existing permit) is necessary because of—
(a)an exceptional event affecting the existing permit; or
(b)circumstances arising from the existing permit forming part of an exploration project.
(2)The holder of the existing permit may apply to the Minister for a variation of the conditions of the permit.
(1)The holder of an exploration permit (the existing permit) may apply to the Minister for a variation of the conditions of the existing permit.
(23)The provisions of this chapter apply, with necessary changes, to an application under subsection (1) as if it were an application under section 133.
(4)The Minister may decide to vary, or refuse to vary, the conditions of the existing permit.
(5)The Minister may decide to vary the conditions of the existing permit only if the Minister is satisfied the variation is necessary under subsection (1).
(36)WithoutHowever, without limiting subsection (2), in deciding the application, the Minister may—3), in deciding the application, the Minister may—
(a)vary the conditions of the existing permit by imposing conditions under section 141(1)(j) in addition to any conditions that apply under the existing permit; and
(b)fix an amount of security to be deposited under section 144 in addition to any security for the existing permit.
(47)Subsections (2) and (3) apply in relation to an exploration permit for coal despite section 130A.3) and (6) apply in relation to an exploration permit for coal despite section 130A.
(58)The chief executive must record in the register the details of any varied conditions applying to the existing permit, including any conditions imposed as mentioned in subsection (36)(a).

144Provision of security

(1)Before an exploration permit is granted or renewed or a condition of the permit is varied, the Minister, taking into consideration the work program of work, or activitiesapproved for the term, proposed to be carried out underor further term, of the permit, must determine the amount of the security to be deposited by the holder of that permit as reasonable security for—
(a)compliance with the conditions of the exploration permit; and
(b)compliance with the provisions of this Act; and
(c)rectification of any actual damage that may be caused by any person whilst purporting to act under the authority of the exploration permit to pre-existing improvements for the exploration permit; and
(d)amounts (other than penalties) payable to the State under this Act.
(2)A person who holds more than 1 exploration permit may elect to deposit a single amount of security for all exploration permits held by the person.
(3)The Minister is to decide the amount of security to be deposited under subsection (2).
(4)An exploration permit must not be granted or renewed, and a condition of an exploration permit must not be varied, until the applicant for the grant, renewal or variation deposits the security decided under this section.
(5)If the Minister is satisfied—
(a)a condition of an exploration permit has not been complied with; or
(b)a provision of this Act has not been complied with in relation to an exploration permit; or
(c)someone claiming to act under an exploration permit, or to have entered land on the permit holder’s instructions, caused damage mentioned in subsection (1)(c);

the Minister may require the permit holder to take the steps necessary to stop the noncompliance or repair the damage.

(6)Also, the Minister may use any of the security deposited by the holder to stop the noncompliance or repair the damage.
(7)Subsections (5) and (6) do not apply if the holder satisfies the Minister that the person responsible for the noncompliance or damage was not on the land with the holder’s approval or on the holder’s instructions when the noncompliance or damage happened.
(8)If, at any time (whether during or within 20 business days after the expiration of the term of an exploration permit) the amount or any part of the amount deposited under this section is utilised as provided by subsection (5) or (6) or the Minister considers that, in view of the damage caused or likely to be caused by any person purporting to act under the authority of the exploration permit or upon the instruction of the holder or for any other reason, a further amount of security should be deposited in respect of that exploration permit, the Minister shall require the holder or former holder of the exploration permit, within the time specified by the Minister, to deposit the further specified security.
(9)The Minister may accept a bond or a guarantee or indemnity by, or other financial arrangement with, a financial institution, insurance company or another credit provider approved by the Minister or other form of security acceptable to the Minister as the whole or part of the security to be deposited under this section.
(10)It shall be a condition of an exploration permit that the holder shall deposit security or further security from time to time in accordance with a requirement made as provided by this section.
(11)Subject to subsections (13) and (14), if an exploration permit terminates, the Minister may, not earlier than 6 months after the termination, refund to the permit holder the amount of security deposited for the permit and not used after deducting the amounts the Minister considers should be kept towards—
(a)remedying anything caused by noncompliance with the conditions of the permit or an order or direction given by the Minister to the permit holder; and
(b)amounts (other than penalties) the holder owes to the State under this Act (whether they become owing before or after the termination).
(12)If the Minister accepts a bond, guarantee or indemnity by, or another financial arrangement with, a financial institution, insurance company or credit provider as security under this section, any amount payable to the holder under subsection (11) must be refunded to the financial institution, insurance company or credit provider and not to the holder of the exploration permit to which the security relates.
(13)Subsection (11) does not apply to a person who elects to deposit security for all exploration permits held by the person if the person continues to hold an exploration permit for which the security is held.
(14)However, the Minister may, at the person’s written request, reduce the amount of security held for the person’s exploration permits to an amount decided by the Minister.
(15)If the security deposited was money, an amount equal to the reduction is to be refunded to the person or in accordance with any written direction the holder gives to the chief executive.

146Initial term of exploration permit

(1)Unless the Minister in the particular case otherwise determines the initial term of an exploration permit shall, unless the permit is sooner surrendered or cancelled, be for a period not exceeding 5 years commencing on the date specified in the permit (being a date not earlier than the date of grant of the permit).
(2)However, the initial term of an exploration permit granted in response to a call for EP (coal) tenders or EP (non-coal tenders) must be for the required period for the proposed program of work for the permit.
(3)In this section—
required period, for the proposed program of work for an exploration permit granted in response to a call for EP (coal) tenders or EP (non-coal tenders), means the period that the call states is the period for which the program must apply.

147Application for renewal of exploration permit

(1)The holder of an exploration permit may, within the renewal period, apply to the chief executive for a renewal of the permit.
(2)The application must be—
(a)made in the approved form; and
(b)accompanied by the fee prescribed under a regulation; and
(c)accompanied by a statement—
(i)describing the program of work proposed to be carried out under the authority of the exploration permit, if renewed; and
(ii)detailing the estimated human, technical and financial resources to be used to carry out the exploration work during each year of the term of the exploration permit, if renewed; and
(iii)detailing the applicant’s financial and technical resources for carrying out the exploration work.
(c)accompanied by a proposed work program for the further term of the permit, if renewed.
(3)Subsection (4) applies if, after considering the proposed work program submitted under subsection (2)(c), the Minister considers a work program of another type mentioned in section 130AA(1) is more appropriate for the exploration of the area of the permit, if renewed.
(4)Before deciding the application, the Minister may, by written notice given to the applicant, require the applicant to give the Minister, within the reasonable period stated in the notice, a proposed work program of another type mentioned in section 130AA(1) for the further term of the permit, if renewed.
(35)In this section—
renewal period means the period that is—
(a)at least 3 months, or any shorter period allowed by the Minister in the particular case, before the current term of the permit expires; and
(b)not more than 6 months before the current term expires.

147ADecision on application for renewal

(1)The Minister may renew an exploration permit if the Minister is satisfied of each of the following—
(a)the holder of the permit has—
(i)observed and performed all the covenants and conditions applying to the permit and required to be observed and performed by the holder; and
(ii)complied with this Act in relation to the permit;
(b)the activities proposed to be carried out, or the outcomes proposed to be pursued, as stated in the proposed work program for the further term of the permit, are appropriate and acceptable;
(c)the financial and technical resources available to the holder to carry out the activities or pursue the outcomes mentioned in paragraph (b) are appropriate and acceptable;
(b)the activities proposed to be carried out during the renewed term are appropriate and acceptable;
(c)the financial and technical resources available to the holder to carry out the proposed activities during the renewed term are appropriate;
(d)the public interest will not be adversely affected by the renewal.
(2)The renewal may be granted for the further term of not more than 5 years decided by the Minister.
(3)However, the total of the initial term and all renewed terms of an exploration permit must not be more than 15 years.
(34)The renewed permit is subject to—
(a)any conditions prescribed under a regulation; and
(b)any conditions decided by the Minister.
(45)The Minister may refuse to renew the permit if the Minister—
(a)has served on the holder a notice in the approved form asking the holder to show cause, within the period stated in the notice, why the renewal should not be refused; and
(b)after considering the holder’s response, is satisfied the renewal should be refused.
(56)As soon as practicable after deciding the application for the renewal, the Minister must give the holder a written notice stating—
(a)the decision; and
(b)if the decision is to grant the renewal on conditions, or to refuse the renewal, the reasons for the decision.

147CContinuation of permit while application being dealt with

(1)This section applies to an application for renewal of an exploration permit if—
(a)the application is not withdrawn, refused or granted before the permit’s expiry day ends; and
(b)after the expiry day, the holder—
(i)continues to pay rental on the permit and other amounts required to be paid under this Act; and
(ii)otherwise complies with this Act and the permit conditions.
(2)If the application is a properly made application, the permit continues in force subject to the rights, entitlements and obligations in effect immediately before the end of the expiry day until the application is withdrawn, refused or granted.
(3)If the application is an outstanding request application, the permit continues in force subject to the rights, entitlements and obligations in effect immediately before the end of the expiry day until either of the following days, whichever happens first—
(a)the application is withdrawn;
(b)the period in which the action that must be taken under section 386K(1) ends.
(4)In this section—
outstanding request application, for renewal of an exploration permit, means an application—
(a)that complies with section 147(2)(a) and (b), but does not comply with all or part of section 147(2)(c); and
(b)for which—
(i)the chief executive has given a notice under section 386J(1); and
(ii)the period to comply with the notice under section 386K(1) ends after the permit expiry day; and
(iii)the notice has not been complied with.
properly made application, for renewal of an exploration permit, means an application that complies with all of section 147(2).

147CA Application for extension of last renewed term of exploration permit

(1)This section applies if—
(a)the total of the initial term and all renewed terms of an exploration permit is not more than 15 years; and
(b)an exceptional event affecting the permit that occurred in the last renewed term of the exploration permit has prevented the holder of the permit from carrying out the work program approved for the last renewed term of the permit.
(2)The holder of the exploration permit may, within the extension period, apply to the Minister for an extension of the last renewed term of the permit.
(3)The application must be—
(a)made in the approved form; and
(b)accompanied by—
(i)a statement describing the exceptional event mentioned in subsection (1)(b); and
(ii)the fee prescribed by regulation.
(4)An application under this section may not be made more than once.
(5)In this section—
extension period means the period that is—
(a)at least 3 months, or any shorter period allowed by the Minister in the particular case, before the last renewed term of the permit expires; and
(b)not more than 6 months before the last renewed term of the permit expires.

147CB Decision on application for extension

(1)The Minister must decide to extend, or refuse to extend, the last renewed term of the exploration permit.
(2)The Minister may decide to extend the last renewed term of the exploration permit only if the Minister is satisfied—
(a)an exceptional event affecting the permit that occurred in the last renewed term of the permit has prevented the holder of the permit from carrying out the work program approved for the last renewed term of the permit; and
(b)the holder has otherwise complied with this Act in relation to the permit.
(3)The extended term is the term of not more than 3 years decided by the Minister.
(4)The work program approved for the last renewed term of the exploration permit applies for the extended term.
(5)The last renewed term of an exploration permit may not be extended more than once.

147DWhen term of renewed or extended permit starts

(1)If an exploration permit is renewed or extended before its expiry day ends, the term of the renewed or extended permit starts on the day after the expiry day.
(2)If the permit is renewed or extended after the expiry day, the term of the renewed or extended permit is taken to have started on the day after the expiry day.

147EWhen new conditions of renewed permit start

(1)If a renewed exploration permit is subject to conditions (the new conditions) different from, or not included in, the permit conditions applying immediately before its renewal, the new conditions apply from the later of the following—
(a)the start of the term of the renewed permit;
(b)the day the renewal is granted.
(2)However, if the permit is continued in force under section 147C, the holder must pay rental on the permit from the day after its expiry day at the rate that would have been payable, from time to time, if the renewed exploration permit had been renewed on the day after the expiry day.
(3)Subsection (2) applies even though payment of rental may be a condition of the permit.
(4)If the application for renewal of the permit is withdrawn or is refused, the chief executive must refund the overpaid rental to the applicant.
(5)In this section—
overpaid rental means the annual rental overpaid because of the withdrawal or refusal, worked out proportionately for the whole months remaining after the withdrawal or refusal until the end of the year for which the rental was paid.

147FRenewal or extension of permit must be in name of last recorded transferee

(1)This section applies if a transfer of an exploration permit is registered under the Common Provisions Act—
(a)after the date on which an application for renewal or extension of the permit is made; and
(b)before the application is decided by the Minister.
(2)Any renewal or extension granted on the application must be in the name of the transferee under the last transfer registered before the grant of the renewal or extension.

148Continuation of exploration permit if application for other tenure

(1)This section applies if—
(a)the holder of an exploration permit makes an application for the grant of any of the following resource authorities in relation to the whole or part of the area of the exploration permit—
(i)a mining claim;
(ii)a mining lease;
(iii)a mining development licence; and
(b)the final term of the exploration permit ends before the day the application mentioned in paragraph (a) is decided.
(2)Despite the ending of the final term of the permit, the permit continues in force in relation to the area the subject of the application mentioned in subsection (1)(a) until the earliest of the following days—
(i)the day the grant of a resource authority mentioned in subsection (1)(a) takes effect;
(ii)the day the refusal of the application mentioned in subsection (1)(a) takes effect;
(iii)the day the application mentioned in subsection (1)(a) is withdrawn.
(3)The entitlements of the holder of the permit are not reduced or limited only because of the holder’s application for the resource authority mentioned in subsection (1)(a).
(4)To remove any doubt, it is declared that rental is payable under section 138 in relation to any period an exploration permit continues in force under this section.
(5)In this section—
final term, of an exploration permit, means the term that ends 15 years after the grant of the permit.

148Rights and obligations upon application for mining claim, mining lease or mineral development licence

(1)The holder of an exploration permit who, during the term of the exploration permit, makes application for the grant of—
(a)a mining claim; or
(b)a mining lease; or
(c)a mineral development licence;

in respect of any part of the area of the exploration permit, shall, during the period from the expiration of the exploration permit until the determination of the application, for so long as the provisions of this Act and the terms and conditions that would apply if the permit were current are complied with, have all the responsibilities, powers, authorities and duties that the holder would have had in respect of the land the subject of the application if the exploration permit was current but during that period no rental shall be payable under this part in respect of any whole sub-blocks of land the subject of the application.

(2)The entitlements of the holder of an exploration permit are not reduced or limited by reason only of the holder’s application for the grant of a mining claim, mining lease or mineral development licence in respect of any part of the area of the exploration permit.

160Contravention by holder of exploration permit

(1)If the Minister considers that the holder of an exploration permit—
(a)has carried out activities that are not bona fide for the purposes for which the exploration permit was granted; or
(b)has failed to pay any moneys (other than rental) payable thereunder or in respect thereof by the due date for payment; or
(c)has failed to comply with any condition that is to be observed and performed by the holder under or in respect of the exploration permit, other than a condition with respect to matters referred to in subsection (2)(a) or (b); or
(d)has failed to report to the Minister upon the discovery of any mineral as required by section 176;

the Minister may—

(e)cancel the exploration permit; or
(f)impose on the holder a penalty not exceeding 500 penalty units.

(2)If the Minister considers that the holder of an exploration permit—
(a)has failed to pay the rental payable thereunder by the date due for payment; or
(b)has failed to pay a penalty imposed on the holder pursuant to subsection (1)(f) within the time allowed for the payment by the Minister;

the Minister may cancel the exploration permit and shall notify the holder of the exploration permit and every person who currently holds a recorded interest in respect of the exploration permit accordingly.

(3)The Minister shall not act pursuant to subsection (1) until the Minister has, by notice in writing in the approved form served on the holder of the exploration permit, called upon the holder to show cause within the time specified therein why the exploration permit should not be cancelled or a penalty imposed and served a copy of the notice on every person who currently holds a recorded interest in the exploration permit and such cause has not been shown to the satisfaction of the Minister.
(4)When the Minister pursuant to this section cancels an exploration permit the Minister shall notify the holder and every person who holds a recorded interest in the exploration permit accordingly.
(5)For the purposes of this section a recorded interest in an exploration permit does not include an associated agreement recorded in the register under the Common Provisions Act.

161Surrender of exploration permit

(1)The holder of an exploration permit may, by notice in writing to the chief executive, surrender the permit.
(3)A surrender of an exploration permit shall take effect on the day next following its acceptance by the Minister except in respect of sub-blocks the subject of an application for a new exploration permit made under subsection (4).
(4)If, when the holder of an exploration permit purports to surrender the permit, the holder makes an application for a new exploration permit under section 133 in relation to the whole or part of the area of the exploration permit to be surrendered, the purported surrender takes effect—
(a)only if the new exploration permit is granted by the Minister; and
(b)immediately before the grant of the new exploration permit by the Minister.
(4A)The term of the new exploration permit is the term decided by the Minister.
(4B)However, the end of the term of the new exploration permit can not be more than 15 years after—
(a)if the area of the new exploration permit is comprised of the whole or part of the area of 1 surrendered exploration permit—the day the surrendered permit was granted; or
(b)if the area of the new exploration permit is comprised of the whole or part of the area of more than 1 surrendered exploration permit—the day the earliest of the surrendered permits was granted.
(4C)For sections 147 and 147CA, if the surrendered permit mentioned in subsection (4B)(a), or the earliest of the surrendered permits mentioned in subsection (4B)(b), is a renewed exploration permit, the new exploration permit is taken to have been renewed for the same term as the surrendered permit.
(4)Where, at the time when the holder of an exploration permit purports to surrender the permit, the holder duly makes application for a new exploration permit in respect of the whole or part of the area of the exploration permit to be surrendered, the purported surrender shall take effect immediately prior to the grant of the new exploration permit.
(5)The Minister may accept a surrender of an exploration permit only if the Minister is satisfied—
(a)the holder has complied with the condition to carry out improvement restoration for the permit; and
(b)any relevant environmental authority has been cancelled or surrendered under the Environmental Protection Act.
(6)If the Minister is not satisfied the holder has complied with the condition, the Minister may, by written notice, give the holder reasonable directions about carrying out improvement restoration for the exploration permit.
(7)The holder must comply with the directions.

Maximum penalty for subsection (7)—200 penalty units.

162Adjustment of rental etc. upon surrender etc. of exploration permit

(1)Upon a surrender of an exploration permit or the reduction in the area of the permit such adjustments as the Minister approves shall be made with respect to the rental payable under the exploration permit and security deposited and to the terms and conditions of the permit.
(2)Any moneys payable to the Crown under the adjustments approved by the Minister pursuant to subsection (1) which have not been recovered by utilisation of the security deposit may be recovered as a debt due and owing to the Crown by action in the Land Court.
(3)In an action under subsection (2) for recovery of a debt due to the Crown, the production to the Land Court of a certificate by the chief executive certifying the amount of that debt shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the debt and the amount thereof.

163Access and compensation provisions

The Common Provisions Act, chapter 3 contains provisions about access, compensation and related matters for exploration permits.

166Improvement restoration for exploration permit

(1)This section applies on the termination of an exploration permit, other than—
(a)by surrender under section 161; or
(b)for the granting of a new exploration permit, a mining claim, a mineral development licence or a mining lease over the area of the terminated permit.
(2)If the Minister is not satisfied the holder has satisfactorily complied with the condition to carry out improvement restoration for the exploration permit, the Minister may, by written notice, give the holder reasonable directions about carrying out the restoration.
(3)The holder must comply with the directions.

Maximum penalty—200 penalty units.

(4)The holder and the holder’s employees or agents may, to the extent reasonable and necessary to comply with the directions—
(a)enter land stated in the notice; and
(b)bring on to the land vehicles, vessels, machinery and equipment.

167Producing exploration permit

(1)This section applies if—
(a)a person purports to enter or be on land under the authority of an exploration permit; and
(b)the owner of the land, or an agent of the owner, asks the person for proof of the person’s authority to enter or be on the land.
(2)The person must produce the exploration permit, or a copy of the permit, to the owner or agent.
(3)If the person fails to comply with subsection (2), the person does not have any entitlements under this chapter during the period of the person’s noncompliance.
(4)This section does not prevent a person entering or being on land to deliver goods or substances or provide services related to the purpose for which an exploration permit is granted to a person who is lawfully on the land under this chapter.
(5)In this section—
copy, of an exploration permit, includes an extract from the register of the details of the permit recorded in the register.

168Utilisation of security deposit towards subsequent exploration permit

Where the holder of an exploration permit makes application for a further exploration permit, the Minister, if satisfied that the whole or part of the security deposited in respect of the existing permit is or will be refundable under section 144, notwithstanding that the period of 6 months after the termination of that permit may not have elapsed, may retain that security or part thereof (together with any further security fixed by the Minister) as the security (in which case it shall be taken to be or to be part of the security) deposited by the applicant in respect of the application for the further exploration permit and not refund that amount to the holder.

175Chief executive may recommend action to ease concerns or other action

(1)If the chief executive considers an exploration permit holder should take action to ease concerns of an owner of land or another exploration permit holder, or should take some other action, the chief executive may recommend the action to the Minister.
(2)The Minister may give the exploration permit holder the directions the Minister considers appropriate about the recommended action.
(3)A failure by the holder to comply with the Minister’s directions is taken to be a breach of a condition of the exploration permit.
(4)If the Minister gives a direction under subsection (2), the chief executive must give a copy to—
(a)if the recommended action under subsection (1) relates only to native title protection conditions under section 141AA—any person identified in the conditions as a native title party; or
(b)if the recommended action under subsection (1) relates only partly to the native title protection conditions—
(i)any person identified in the conditions as a native title party; and
(ii)the owner of the land; or
(c)otherwise—the owner of the land.
(5)If the recommended action under subsection (1) is action to ease concerns of an owner of land or another exploration permit holder, the chief executive must give the land’s owner and the exploration permit holder written notice of—
(a)the substance of any recommendation made to the Minister under subsection (1) or, if the chief executive decides not to make a recommendation, the chief executive’s decision; and
(b)any other action the chief executive has taken to ease the concerns of the owner or exploration permit holder.

176Discovery of minerals to be reported

(1)The holder of an exploration permit shall, within 14 days after discovery of any mineral of commercial value in what appears to be payable quantities within the area specified in the exploration permit by any person acting under the authority of the exploration permit, report to the Minister the fact of that discovery and such other particulars as the Minister requires.
(2)The Minister may direct the holder of an exploration permit to apply for a mining claim, mineral development licence or mining lease over all or part of the land specified in the exploration permit as the Minister directs in respect of any mineral discovered.
(3)If the holder of an exploration permit to whom a notice under subsection (2) is given does not apply for a mining claim, mineral development licence or a mining lease as directed within the specified time, the Minister may in the Minister’s discretion cancel the exploration permit.
(4)Any refund of moneys held in respect of an exploration permit that is cancelled pursuant to subsection (3) (including any security deposited) shall be at the Minister’s discretion.

176AApplication to add excluded land to existing permit

(1)The holder of an exploration permit (the existing permit) may apply to the Minister to add excluded land to the existing permit.
(2)The provisions of this chapter apply, with necessary changes, to an application under subsection (1) as if it were an application under section 133.
(3)Without limiting subsection (2), in deciding the application, the Minister may—
(a)impose conditions under section 141(1)(j) in addition to any conditions that apply under the existing permit; and
(b)fix an amount of security to be deposited under section 144 in addition to any security for the existing permit.
(4)On the granting of the application, the excluded land is included in the existing permit.
(5)In this section—
excluded land means land that was the subject of a specific exclusion when the existing permit was granted or that was taken to be excluded under section 132.

177Reduction of area of exploration permit upon grant of mining claim, mineral development licence or mining lease

Upon the grant of a mining claim, mineral development licence or mining lease consequent upon an application made by the holder of an exploration permit granted in respect of the same area for the same mineral (whether or not at the direction of the Minister) or by an eligible person with the consent of the holder, the area of the exploration permit shall be reduced accordingly and the terms and conditions applying to the exploration permit may be varied as the Minister directs.

178Discovery etc. of mineral does not vest property

A person who whilst acting under the authority of an exploration permit discovers or takes any mineral does not thereby acquire property therein and shall not dispose of any such mineral except with the consent of the Minister whose consent may be subject to such terms and conditions as the Minister thinks fit (including prescribed conditions as to the payment of royalties).

178A Activity report for exploration permit

A regulation may—
(a)require a holder of an exploration permit to give the Minister a report (an activity report) about the activities carried out under the permit; and
(b)prescribe the following for the activity report—
(i)when the report is to be given;
(ii)the information to be contained in the report.

178B Partial relinquishment report for exploration permit

A regulation may—
(a)require a holder of an exploration permit to give the Minister a report (a partial relinquishment report) about a reduction in the area of the permit; and
(b)prescribe the following for the partial relinquishment report—
(i)when the report is to be given;
(ii)the information to be contained in the report.

178C Final report for exploration permit

A regulation may—
(a)require a holder of an exploration permit to give the Minister a report (a final report) summarising the results of exploration carried out under the permit during the whole of its term; and
(b)prescribe the following for the final report—
(i)when the report is to be given;
(ii)the information to be contained in the report.

Chapter 5 Mineral development licences

Part 1 Mineral development licences generally

179Mineral development licence

Unless otherwise approved by the Minister pursuant to section 226(3), a mineral development licence in respect of a mineral occurrence may be applied for by an eligible person in respect of land which, at the time the application for the grant is made, is in the area of—
(a)an exploration permit; or
(b)a mineral development licence;

in respect of the same mineral of which the applicant or, where more than 1 person is the applicant, at least 1 of them is, with or without others, the holder.

180Only eligible persons to hold mineral development licences

A mineral development licence shall not be held by a person who is not an eligible person.

181Obligations and entitlement under mineral development licence

(1)During the currency of a mineral development licence, the holder shall carry out or cause to be carried out such activities as are specified in the licence by the Minister.
(2)The Minister may specify in a mineral development licence that no activity need be carried out for the term of the licence or for such period as is specified therein.
(3)Without in any way limiting the activities that the Minister may specify in a mineral development licence, activities leading to the evaluation and economic development of an ore body by or on behalf of the holder may include—
(a)geological, geophysical and geochemical programs and other works as are reasonably necessary to evaluate the potential for development of any mineral occurrence of possible economic potential occurring in or on the area of the mineral development licence; and
(b)mining feasibility studies; and
(c)metallurgical testing; and
(d)environmental studies; and
(e)marketing studies; and
(f)engineering and design studies; and
(g)such other activities as the Minister considers appropriate.
(4)During the currency of a mineral development licence—
(a)the holder—
(i)may carry out or cause to be carried out any activities (including activities referred to in subsection (2)) as are appropriate for the purpose for which the licence is granted; and
(ii)may, in relation to the area of the mineral development licence, do all such things as are authorised or were authorised, at the time of the application for the mineral development licence, under the relevant exploration permit then held by the applicant for the mineral development licence; and
(iii)may carry out or cause to be carried out the plugging and abandoning, or otherwise remediating, of a legacy borehole and rehabilitating of the surrounding area in compliance with the requirements prescribed under a regulation; and
(b)the holder and any person who acts for the purpose of carrying out any activity authorised by the mineral development licence with or by such vehicles, vessels, machinery and equipment as may be necessary or expedient for the purpose may, in compliance with the Common Provisions Act, chapter 3, enter any part of the area of the mineral development licence for any purpose permitted or required under the licence or by this Act; and
(c)the holder of the mineral development licence, subject to compliance with this Act, may have considered for grant, in priority to all other persons, any number of mineral development licences and mining leases relating to any minerals specified in the mineral development licence in respect of any land in the area of the mineral development licence and may enter that land for the purpose of doing all acts necessary to comply with this Act relating to an application therefor.
(12)The holder of a mineral development licence, and each person who enters or is upon land under the authority of the licence, shall comply with the terms and conditions upon which any consent required to be given under this Act in respect thereof was given by the owner of that land.
(18)For the purposes of exercising entitlements under this part a person who enters or is upon land under the authority of a mineral development licence may stay at night thereon and for that purpose may set up temporary accommodation thereon.
(19)During the currency of a mineral development licence, the rights of the holder of the licence relate, and are taken to have always related, to the whole of the area of the licence.

182Land is excluded from area of mineral development licence if covered by other authority under Act

(1)This section applies if—
(a)the chief executive accepts lodgement of an application for a mineral development licence for particular land; and
(b)all or some of the land applied for in the accepted application is—
(i)in the area of an existing mining claim or mining lease; or
(ii)land applied for in an earlier application for a mining claim or mining lease.
(2)Land mentioned in subsection (1)(b) that is within the boundaries of the land applied for in the accepted application, and its surface, (excluded land) is taken to be excluded from the area of a mineral development licence granted for the land applied for in the accepted application.
(3)However, the land is excluded land—
(a)if subsection (1)(b)(i) applies—only while it is in the area of an existing mining claim or mining lease; or
(b)if subsection (1)(b)(ii) applies—
(i)until the earlier application is abandoned or rejected; or
(ii)while it is in the area of a mining claim or mining lease granted on the earlier application.
(4)If excluded land within the boundaries of the area of the mineral development licence ceases to be excluded land, it is taken to be included in the area of the mineral development licence unless the mineral development licence provides otherwise.

183Application for mineral development licence

(1)An application for the grant of a mineral development licence must—
(a)be in the approved form; and
(b)specify the name of each applicant; and
(c)specify the name and address for service of 1 person upon whom any notice may be served on behalf of the applicant or the applicants; and
(d)describe all parcels of land the whole or part of which are applied for in the application and specify the current use of the land and the names and addresses of the owner or owners of the land and of land which is to be used as access thereto; and
(e)define the boundary of the area of the proposed mineral development licence; and

Note—

Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.
(f)specify the mineral or minerals in respect of which the mineral development licence is sought; and
(g)give reasons why the mineral development licence should be granted in respect of the area and shape of the land described in the application; and
(h)define the boundary of any area of land outside the area of the proposed mineral development licence intended to be used to access the surface area of the land proposed to be included in the proposed licence area; and
(i)be accompanied by a visual representation of the boundaries and land mentioned in paragraphs (e) and (h); and
(j)nominate the term of the mineral development licence sought and give reasons therefor; and
(k)be accompanied by the consent in writing of each person who alone or with others is the holder of the exploration permit or the mineral development licence in respect of the land and the mineral the subject of the application and is not the applicant; and
(l)be lodged with the chief executive; and
(m)be accompanied by a statement—
(i)giving a detailed description and technical particulars of the mineral occurrence for which the mineral development licence is sought together with any necessary supporting documents; and
(ii)stating any activities proposed to be carried out under the mineral development licence, including, for example, work programs, amounts to be spent and studies to be performed; and
(iii)stating the estimated human, technical and financial resources proposed to be committed to authorised activities for the mineral development licence during each year of the licence, if granted; and
(n)be accompanied by—
(i)a statement, separate from the statement mentioned in paragraph (m), detailing the applicant’s financial and technical resources; and
(ii)proof of the applicant’s identity; and
(iii)the application fee prescribed under a regulation.
(2)Only an eligible person may apply for a mineral development licence.

185Priority of applications for grant of mineral development licences

Applications for the grant of mineral development licences duly made in respect of or including the same land shall take priority according to the Minister’s determination.

186Minister may grant or refuse application

(1)The Minister may—
(a)grant a mineral development licence, with or without conditions, for all or part of the land the subject of an application (the relevant land) for the licence; or
(b)refuse the application.
(2)Without limiting subsection (1), the Minister may refuse to grant a mineral development licence if the Minister considers the grant is not in the public interest.
(3)The Minister may grant the mineral development licence only if—
(a)the Minister is satisfied—
(i)the requirements of this Act have been complied with; and
(ii)the applicant is an eligible person; and
(iii)the applicant has paid rental for the first year of the term of the licence under section 193(1); and
(b)the Minister has approved the statements that, under section 183(1), accompanied the application.

Notes—

1Under section 190, a mineral development licence can not be granted until the applicant has deposited security decided under that section.
2If the application relates to acquired land, see also section 10AAC.
(4)The Minister must refuse to grant a mineral development licence for land if any part of the land is—
(a)in a fossicking area; or
(b)subject to a mineral development licence for the same mineral.
(5)However, subsection (4)(a) does not apply if the application was made but not decided before the land became a fossicking area.
(6)In deciding whether to approve the statements mentioned in subsection (3)(b), the Minister must have regard to—
(a)whether there exists to a high degree of definition on or in the land a significant mineral occurrence of possible economic potential; and
(b)whether the area of land applied for is appropriate to further investigation of that occurrence; and
(c)whether the applicant has the financial and technical capability to comply with the conditions of the mineral development licence under section 194.
(7)If a mineral development licence is only granted for part of the relevant land—
(a)the application is taken to be refused for the rest of the relevant land; and
(b)the Minister must give the applicant written notice of the reasons for the refusal.
(8)If the Minister refuses the mineral development licence the Minister may decide whether all or part of the application fee that accompanied the application will be retained.

186A Details of mineral development licence to be recorded in register

The chief executive must record in the register the following details of a mineral development licence—
(a)the identification number of the licence;
(b)the name of the holder;
(c)the address for service of notices on the holder;
(d)the description of land for which the licence is granted;
(e)the term and date of commencement of the licence;
(f)the conditions, other than conditions prescribed under this Act, to which the licence is subject;
(g)the minerals the subject of the licence.

187Holder to notify owners of land of grant or renewal

Within 20 business days, or such longer period as the Minister shall in the particular case allow, after the grant or renewal of a mineral development licence, the holder shall give notice in the approved form to the owners of the parcels of land in the area of the licence.

188Upon rejection of application, application fee or part may be retained

If the Minister rejects an application for the grant of a mineral development licence the Minister may determine, at the Minister’s discretion, whether all or part of the application fee that accompanied the application for the licence shall be retained.

189Abandonment of application for mineral development licence

(1)The applicant for the grant of a mineral development licence may, at any time before the grant of the mineral development licence, by notice in writing to the chief executive abandon the application in relation to all or part of the area to which it relates.
(2)The abandonment of an application for the grant of a mineral development licence shall take effect on the day next following its receipt by the chief executive.
(2A3)If the application is abandoned in relation to part only of the land to which it relates, the application must be amended to define the area in relation to which the application is to remain in force (the remaining area).
(2B4)The remaining area must be described and defined in the way required under section 183(1)(d) and (e).
(3)Upon the abandonment of an application for the grant of a mineral development licence, the Minister, at the Minister’s discretion, may retain the whole or part of the application fee.
(45)Upon the abandonment of an application for the grant of a mineral development licence taking effect the land that ceases to be comprised in that application shall form part of any existing exploration permit or mineral development licence over that land of which the applicant is holder.

190Provision of security

(1)Before a mineral development licence is granted or renewed or a condition of the licence is varied or approval is given to add stated minerals to the licence, the Minister, taking into consideration the matters outlined in section 183(1)(m)(i) and (ii), shall determine the amount of security to be deposited by the holder of that licence as reasonable security for—
(a)compliance with the conditions of the licence; and
(b)compliance with the provisions of this Act; and
(c)rectification of any actual damage that may be caused by any person whilst purporting to act under the authority of the mineral development licence to pre-existing improvements for the licence; and
(d)amounts (other than penalties) payable to the State under this Act.
(2)A mineral development licence must not be granted or renewed, a condition of a mineral development licence must not be varied, and an approval must not be given to add stated minerals to a mineral development licence, until the applicant for the grant, renewal, variation or approval deposits the security decided under this section.
(3)The Minister, if satisfied that any condition of the mineral development licence or any provision of this Act has not been complied with or that damage referred to in subsection (1)(c) has been caused by any person purporting to act under the authority of a mineral development licence or who enters land upon the instruction of the holder, the Minister may require that person to take all action necessary to rectify that noncompliance or damage and, save where the person was not the holder and was not upon the land with the holder’s approval at the time the damage was caused, may utilise for that purpose the whole or part of the amount of the security deposited in respect of that mineral development licence.
(4)If, at any time (whether during or within 20 business days after the expiration of the term of a mineral development licence) the amount or any part of the amount deposited under this section is utilised as provided by subsection (3) or the Minister considers that, in view of the damage caused or likely to be caused by any person purporting to act under the authority of the mineral development licence or upon the instruction of the holder or for any other reason, a further amount of security should be deposited in respect of that mineral development licence, the Minister shall require the holder or former holder of the mineral development licence, within the time specified by the Minister, to deposit the further security.
(5)The Minister may accept a bond or a guarantee or indemnity by, or other financial arrangement with, a financial institution, insurance company or another credit provider approved by the Minister or other form of security acceptable to the Minister as the whole or part of the security to be deposited under this section.
(6)It shall be a condition of a mineral development licence that the holder shall deposit security or further security from time to time in accordance with a requirement made as provided by this section.
(7)Within 20 business days after termination of a mineral development licence, the person who was the holder shall notify all owners of land in the area of the mineral development licence that any claims for rectification of actual damage to land caused under the authority or purported authority of the mineral development licence must be lodged within 6 months of termination with the chief executive.
(8)Where a mineral development licence has expired or been terminated, the Minister—
(a)in a case where every owner of land in the area of the mineral development licence certifies that there is no actual damage to land that should be rectified—at any time; or
(b)in any other case—not earlier than 6 months after the expiration or the termination;

shall, subject to subsection (9), refund to the holder of the licence (or as the holder in writing directs) any security deposited and not utilised as provided by subsection (4) less any amount determined by the Minister to be retained towards—

(c)rectification of any matters caused by the noncompliance with any of the conditions of the mineral development licence or with any order or direction made or given by the Minister under this Act and directed to the holder; and
(d)amounts (other than penalties) the holder owes to the State under this Act (whether the amounts became owing before or after the termination).

(9)If the Minister accepts a bond, guarantee or indemnity by, or another financial arrangement with, a financial institution, insurance company or another credit provider as security under this section, any amount payable to the holder under subsection (8) must be refunded to the financial institution, insurance company or credit provider and not to the holder of the mineral development licence to which the security relates.

192Initial term of mineral development licence

(1)The initial term of a mineral development licence shall, unless the licence is sooner terminated, be for a period not exceeding 5 years (or such longer period as the Minister approves) commencing on the first day of the month which next follows the day on which the mineral development licence is granted.
(2)From the grant of a mineral development licence to the commencement of the initial term thereof the holder shall have all the entitlements, powers, duties and functions that the holder has during the term of the licence except section 193 shall not apply.

193Rental payable on mineral development licence

(1)Rental for the first year of the term of a mineral development licence (its first rental period) is payable before the granting of the licence under section 186.
(2)The amount of the rental payable in respect of the first rental period shall be an amount that bears to the rental payable for a rental year prescribed pursuant to subsection (4) for the rental year in which the first rental period falls the same proportion that the number of whole calendar months of the first rental period bears to 12.
(3)In respect of each rental year or part thereof of the term of a mineral development licence (other than the first rental period) a full rental year’s rental shall be payable in advance not later than 31 August of the previous rental year.
(4)If the full rental payable for a rental year is paid in advance as prescribed by subsection (3), the amount of the rental shall be the amount prescribed under a regulation for that rental year.
(5)If, for a particular rental year, rental is not paid in advance as prescribed by subsection (3)—
(a)the Minister shall, prior to 30 September of that rental year, notify the holder of and any person holding a recorded interest in the mineral development licence (other than an associated agreement recorded in the register under the Common Provisions Act) that the rental has not been paid as prescribed by subsection (3) and of the amount of rental as prescribed by paragraph (b); and
(b)the amount of the full rental payable for the rental year shall be payable before 1 December of that rental year and shall be an amount equal to the amount prescribed under a regulation for that rental year plus an amount equal to 15% of that prescribed amount.
(6)Upon the renewal of a mineral development licence, no further rental shall be payable in respect of the period that, if the renewal was a grant of a mineral development licence, would be the first rental period, except where that period commences on 1 September.
(7)Except as provided in subsection (8), where in any rental year a mineral development licence is surrendered or terminated through effluxion of time and is not renewed there shall be refundable to the last holder of the mineral development licence an amount that bears to the amount of the rental that was paid in respect of that rental year the same proportion that the number of whole calendar months from—
(a)the date of surrender or termination; or
(b)the date of rejection of the application for renewal;

whichever is the later, to 31 August of that rental year bears to 12.

(8)No amount shall be refunded pursuant to subsection (7) where a mineral development licence is surrendered within its first rental period after its original grant.

194Conditions of mineral development licence

(1)Each mineral development licence shall be subject to—
(a)a condition that the holder must—
(i)comply with the mandatory provisions of the land access code to the extent it applies to the holder; and
(ii)ensure any other person carrying out an authorised activity for the mineral development licence complies with the mandatory provisions of the land access code; and
(b)if the holder uses land outside the boundary of the area of the mineral development licence for access to the area of the mineral development licence, a condition that the holder may use the land only for the following purposes—
(i)to transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mineral development licence;
(ii)to transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder;
(iii)to construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii); and
(c)a condition that the holder shall carry out such activities (if any) for which the mineral development licence was granted and in accordance with this Act and the conditions of the mineral development licence and for no other purpose; and
(d)a condition that the holder must carry out improvement restoration for the mineral development licence; and
(e)a condition that the holder, prior to the termination of the mineral development licence for whatever cause, shall remove all equipment and plant on or in the area of the mineral development licence unless otherwise authorised in writing by the Minister; and
(f)a condition that without the prior approval in writing of the Minister the holder shall not obstruct or interfere with any right of access had at any time during the term of the mineral development licence by any person in respect of the area of the mineral development licence for so long as that right of access is exercised; and
(g)a condition that the holder must give the Minister, in the way prescribed by regulation, the reports, returns, documents and statements required to be given to the Minister under a regulation; and
(h)a condition that the holder must, when the Minister requires, give to the Minister—
(i)a report about the mineral development licence, that is in addition to any report mentioned in paragraph (g); and
(ii)materials obtained because of the holder’s activities under the mineral development licence; and
(i)a condition that the holder—
(i)shall pay the rental as prescribed; and
(ii)shall deposit as required by the Minister any security from time to time under this Act; and
(j)a condition that the holder shall comply with this Act and other mining legislation; and
(k)such other conditions as are prescribed; and
(l)such other conditions as are determined by the Minister.
(2)Without limiting subsection (1), the Minister may determine a condition of a mineral development licence if the Minister considers the condition is in the public interest.
(3)The holder of a mineral development licence and all persons acting under the authority of the licence shall comply with the conditions for the time being of the licence.
(4)Conditions may be imposed in respect of a mineral development licence that require compliance with specified codes or industry agreements.
(5)Despite subsections (1), (2) and (4), a condition must not be determined, imposed, prescribed or varied if the condition, or the condition as varied, is the same, or substantially the same, or inconsistent with, a relevant environmental condition for the mineral development licence.
(6)A mineral development licence granted after the commencement of the Mineral Resources Amendment Act 1998 is subject to a condition that the holder comply with the At Risk agreement.

194AAA Additional conditions of mineral development licence relating to native title

(1)Conditions determined for a mineral development licence by the Minister under section 194(1)(l) may include native title protection conditions for the licence.
(2)Subsection (1) does not limit section 194(1)(l).
(3)In this section—
native title protection conditions, for a mineral development licence, means conditions that—
(a)are about ways of minimising the impact of the licence on native title in relation to the land affected by the licence, including ways of accessing the land and ways anything authorised under the licence may be done; and
(b)are identified in the licence as native title protection conditions for the licence.

194AB Other agreement conditions

(1)This section applies if—
(a)a registered indigenous use agreement under the Commonwealth Native Title Act, or an agreement mentioned in section 31(1)(b) of the Commonwealth Native Title Act, provides for the grant, renewal or variation of, or another act concerning, a mineral development licence; and
(b)the State is a party to the agreement; and
(c)the agreement includes a requirement that, if the act is done, the mineral development licence must be subject to conditions stated in the agreement (the stated conditions); and
(d)the act is done.
(2)The mineral development licence is subject to the stated conditions.

194AC Application to vary conditions of existing licence

(1)The holder of a mineral development licence (the existing licence) may apply to the Minister for a variation of the conditions of the existing licence.
(2)The provisions of this part apply, with necessary changes, to an application under subsection (1) as if it were an application under section 183.
(3)Without limiting subsection (2), in deciding the application, the Minister may—
(a)vary the conditions of the existing licence by imposing conditions under section 194(1)(l) in addition to any conditions that apply under the existing licence; and
(b)fix an amount of security to be deposited under section 190 in addition to any security for the existing licence.
(4)Without limiting subsection (3), the Minister may refuse to make a variation mentioned in subsection (3)(a) if the Minister considers the variation is not in the public interest.
(5)The chief executive must record in the register the details of any varied conditions applying to the existing licence, including any conditions imposed as mentioned in subsection (3)(a).

194ALand Court’s jurisdiction for At Risk agreement

(1)The Land Court has jurisdiction to hear and decide a proceeding about the following matters under a condition of a mineral development licence requiring compliance with the At Risk agreement—
(a)whether hardship, as defined under the agreement, exists;
(b)the fair market value of a property for the purposes of the agreement.
(2)In a proceeding under subsection (1)(a), the Land Court must consider—
(a)all relevant matters put before the committee in any mediation under the agreement; and
(b)the final recommendation made by the committee in the mediation.
(3)In a proceeding, a copy of the agreement as at a particular date, certified as a true copy by the chief executive, is admissible as evidence of the agreement at that date until the contrary is proved.
(4)Despite the Limitation of Actions Act 1974, a proceeding must start—
(a)for a matter that arose before the commencement of this section—within 1 year after the commencement; or
(b)for a matter that arose after the commencement of this section—within 1 year after the committee gives notice of its final recommendation about whether hardship, as defined under the agreement, exists.
(5)In this section—
committee means the committee mentioned in the At Risk agreement.

197Application for renewal of mineral development licence

(1)The holder of a mineral development licence may, within the renewal period, apply to the Minister for a renewal of the licence.
(2)The application must be—
(a)made in the approved form; and
(b)accompanied by the fee prescribed under a regulation; and
(c)accompanied by a statement—
(i)describing the program of work proposed to be carried out under the authority of the mineral development licence, if renewed; and
(ii)detailing the estimated human, technical and financial resources to be used to carry out activities under the mineral development licence during each year of the term of the mineral development licence, if renewed; and
(iii)detailing the applicant’s financial and technical resources for carrying out the activities under the mineral development licence, if renewed.
(3)In this section—
renewal period means the period that is—
(a)at least 6 months, or any shorter period allowed by the Minister in the particular case, before the current term of the licence expires; and
(b)not more than 1 year before the current term expires.

197ADecision on application

(1)The Minister may renew a mineral development licence if the Minister is satisfied of each of the following—
(a)the holder of the licence has complied with—
(i)the licence; and
(ii)this Act in relation to the licence;
(b)there exists on or in the land in relation to which the application is made a mineral occurrence of possible economic potential to sustain a mining operation;
(c)the activities proposed to be undertaken during the renewed term are appropriate;
(d)the financial and technical resources available to the holder to carry out the proposed activities during the renewed term are appropriate.

Note—

However, if the application relates to acquired land, see also section 10AAC.
(2)The renewal may be granted for the further term of not more than 5 years decided by the Minister.
(3)The renewed licence is subject to—
(a)any conditions prescribed under a regulation; and
(b)any conditions decided by the Minister, for the licence.
(4)Without limiting subsection (3), the Minister may decide a condition of the renewed licence if the Minister considers the condition is in the public interest.
(5)The Minister may refuse to renew the licence if the Minister—
(a)has served on the holder a notice in the approved form asking the holder to show cause, within the period stated in the notice, why the renewal should not be refused; and
(b)after considering the holder’s response, is satisfied the renewal should be refused.
(6)Without limiting subsection (5)(b), the Minister may refuse the renewal if the Minister considers the renewal is not in the public interest.
(7)As soon as practicable after deciding the application for the renewal, the Minister must give the holder a written notice stating—
(a)the decision; and
(b)if the decision is to grant the renewal on conditions, or to refuse the renewal, the reasons for the decision.

197CContinuation of licence while application being dealt with

(1)This section applies to an application for renewal of a mineral development licence if—
(a)the application is not withdrawn, refused or granted before the licence’s expiry day ends; and
(b)after the expiry day, the holder—
(i)continues to pay rental on the licence and other amounts required to be paid under this Act; and
(ii)otherwise complies with this Act and the licence conditions.
(2)If the application is a properly made application, the licence continues in force subject to the rights, entitlements and obligations in effect immediately before the end of the expiry day until the application is withdrawn, refused or granted.
(3)If the application is an outstanding request application, the licence continues in force subject to the rights, entitlements and obligations in effect immediately before the end of the expiry day until either of the following days, whichever happens first—
(a)the application is withdrawn;
(b)the period in which the action that must be taken under section 386K(1) ends.
(4)In this section—
outstanding request application, for renewal of a mineral development licence, means an application—
(a)that complies with section 197(2)(a) and (b), but does not comply with all or part of section 197(2)(c); and
(b)for which—
(i)the chief executive has given a notice under section 386J(1); and
(ii)the period to comply with the notice under section 386K(1) ends after the licence expiry day; and
(iii)the notice has not been complied with.
properly made application, for renewal of a licence, means an application that complies with all of section 197(2).

197DWhen term of renewed licence starts

(1)If a mineral development licence is renewed before its expiry day ends, the term of the renewed licence starts on the day after the expiry day.
(2)If the licence is renewed after the expiry day, the term of the renewed licence is taken to have started on the day after the expiry day.

197EWhen new conditions of renewed licence start

(1)If a renewed mineral development licence is subject to conditions (the new conditions) different from, or not included in, the licence conditions applying immediately before its renewal, the new conditions apply from the later of the following—
(a)the start of the term of the renewed licence;
(b)the day the renewal is granted.
(2)However, if the licence is continued in force under section 197C, the holder must pay rental on the licence from the day after its expiry day at the rate that would have been payable, from time to time, if the renewed mineral development licence had been renewed on the day after the expiry day.
(3)Subsection (2) applies even though payment of rental may be a condition of the licence.

197FRenewal of licence must be in name of last recorded transferee

(1)This section applies if a transfer of a mineral development licence is registered under the Common Provisions Act—
(a)after the date on which an application for renewal of the licence is made; and
(b)before the application is decided by the Minister.
(2)Any renewal granted on the application must be in the name of the transferee under the last transfer registered before the grant of the renewal.

208Adding other minerals to licence

(1)The holder of a mineral development licence for particular minerals may lodge a written application with the chief executive for the Minister’s approval to add stated minerals to the licence.
(2)The application must be accompanied by the application fee prescribed under a regulation.
(3)The Minister may approve or reject the application.
(3B)Without limiting the grounds on which the Minister may reject the application, the Minister may reject it if the Minister considers that approving it is not in the public interest.
(4)The approval may be given on the conditions the Minister considers appropriate, including conditions requiring the holder to deposit a stated amount of additional security.
(4A)Without limiting subsection (4), the Minister may decide a condition for the giving of the approval if the Minister considers the condition is in the public interest.
(5)If the Minister approves the application, the mineral development licence is taken to include the stated minerals from the day the Minister approves the application.
(6)The chief executive must record in the register the details of the approval.

209Contravention by holder of mineral development licence

(1)If the Minister considers that the holder of a mineral development licence—
(a)has carried out activities that are not bona fide for the purposes for which the mineral development licence was granted; or
(b)has failed to pay any moneys (other than rental) payable thereunder or in respect thereof by the due date for payment; or
(c)has failed to comply with any condition that is to be observed and performed by the holder under or in respect of the mineral development licence, other than a condition with respect to matters referred to in subsection (2)(a) or (b);

the Minister may—

(d)cancel the mineral development licence; or
(e)impose on the holder a penalty not exceeding 1,000 penalty units.

(2)If the Minister considers that the holder of a mineral development licence—
(a)in any rental year has failed after notice given to the holder in accordance with section 193(5) to pay before 1 December of that rental year the amount of the rental payable under that section by that date in respect of that mineral development licence; or
(b)has failed to pay a penalty imposed on the holder pursuant to subsection (1)(e) within the time allowed for the payment by the Minister;

the Minister may cancel the mineral development licence and shall notify the holder and each person who currently holds a recorded interest in respect of the mineral development licence accordingly.

(3)The Minister shall not act pursuant to subsection (1) until the Minister has, by notice in writing in the approved form served on the holder of the mineral development licence, called upon the holder to show cause within the time specified therein why the mineral development licence should not be cancelled or a penalty imposed and served a copy of the notice on every person who currently holds a recorded interest in respect of the mineral development licence and such cause has not been shown to the satisfaction of the Minister.
(4)When the Minister pursuant to this section cancels a mineral development licence the Minister shall notify the holder and every person who holds a recorded interest in respect of the mineral development licence accordingly.
(5)For the purposes of this section a recorded interest in a mineral development licence does not include an associated agreement for the licence recorded in the register under the Common Provisions Act.

210Surrender of mineral development licence

(1)The holder of a mineral development licence may apply to surrender the mineral development licence or any part of the area of the mineral development licence at any time before the expiration of its term.
(3)The holder of a mineral development licence who desires to surrender a mineral development licence or any part of the area of the mineral development licence shall lodge with the chief executive—
(a)a notice of surrender in the approved form; and
(b)in the case of a surrender of part of the area of a mineral development licence—
(i)a plan prepared in a manner acceptable to the chief executive of that part of the area to be retained in the mineral development licence; and
(ii)a definition of the boundary of the area to be retained; and

Note—

Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.
(iii)if land, other than land in the area of the mineral development licence, is required to access the surface area of the land in the area to be retained—a definition of the boundary of the area of that land; and
(c)the fee prescribed under a regulation.
(4)A purported surrender of a mineral development licence or of any part of the area of a mineral development licence shall not be effective unless—
(a)the holder has complied with this section; and
(b)the Minister consents to the surrender;

and shall, except in the case of a surrender referred to in subsection (13), take effect on the day next following the Minister’s consent.

(5)However, the Minister may give the consent only if the Minister is satisfied—
(a)the holder has complied with the condition to carry out improvement restoration for the mineral development licence; and
(b)the relevant environmental authority has been cancelled or surrendered under the Environmental Protection Act.
(6)If the Minister is not satisfied the holder has complied with the condition, the Minister may, by written notice, give the holder reasonable directions about carrying out improvement restoration for the mineral development licence.
(7)The holder must comply with the directions.

Maximum penalty—500 penalty units.

(8)If part of the area of a mineral development licence is surrendered under this section—
(a)the chief executive must record in the register the details of the surrender; and
(b)the licence continues in force for the part of the area not surrendered.
(9)Upon a surrender of a mineral development licence, all adjustments between the holder and the Crown in respect of the payment of rental, fees and other moneys shall be at the discretion of the Minister.
(10)Where any moneys are specified pursuant to subsection (9) as a debt due to the Crown, the Minister may direct that the security deposited in accordance with section 190 may be utilised for payment thereof.
(11)Any moneys specified pursuant to subsection (9) by the Minister to be payable or that part thereof not recovered under subsection (10) shall be a debt due by the person specified as liable to pay to the Crown.
(12)In an action under subsection (11) for recovery of a debt due to the Crown, the production of a certificate by the chief executive certifying the amount of that debt shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the debt and the amount thereof.
(13)Where, at the time when the holder of a mineral development licence purports to surrender the mineral development licence or a part of the area of the mineral development licence, the holder applies for a new mineral development licence for the whole or part of the area of the current mineral development licence the purported surrender shall take effect immediately prior to the grant of the new mineral development licence.

211Access and compensation provisions

The Common Provisions Act, chapter 3 contains provisions about access, compensation and related matters for mineral development licences.

214Improvement restoration for mineral development licence

(1)This section applies on the termination of a mineral development licence, other than—
(a)by surrender under section 210; or
(b)for the granting of a new mineral development licence or mining lease over the area of the terminated licence.
(2)If the Minister is not satisfied the holder has satisfactorily complied with the condition to carry out improvement restoration for the mineral development licence, the Minister may, by written notice, give the holder reasonable directions about carrying out the restoration.
(3)The holder must comply with the directions.

Maximum penalty—500 penalty units.

(4)The holder and the holder’s employees or agents may, to the extent reasonable and necessary to comply with the directions—
(a)enter land stated in the notice; and
(b)bring on to the land vehicles, vessels, machinery and equipment.

215Rights and obligations extended upon application for mining lease

(1)The holder of a mineral development licence who, during the term of the licence makes application for the grant of a mining lease for any part of the area of the licence, shall, during the period from the expiration of the licence until the determination of the application, for so long as the provisions of this Act and the terms and conditions that would apply if the licence were current are complied with, have all the responsibilities, powers, authorities and duties that the holder would have had for the part of the area the subject of the application if the licence was current but during that period no rental shall be payable under this part for the part of the area the subject of the application.
(2)The entitlements of the holder of a mineral development licence are not reduced or limited by reason only of the holder’s application for the grant of a mining lease for any part of the area of a mineral development licence.

216Producing mineral development licence

(1)This section applies if—
(a)a person purports to enter or be on land under the authority of a mineral development licence; and
(b)the owner of the land, or an agent of the owner, asks the person for proof of the person’s authority to enter or be on the land.
(2)The person must produce the mineral development licence, or a copy of the licence, to the owner or agent.
(3)If the person fails to comply with subsection (2), the person does not have any entitlements under this Act during the period of the person’s noncompliance.
(4)This section does not prevent a person entering or being on land to deliver goods or substances or provide services related to the purpose for which a mineral development licence is granted to a person who is lawfully on the land under this chapter.
(5)In this section—
copy, of a mineral development licence, includes an extract from the register of the details of the licence recorded in the register.

223Chief executive may recommend action to ease concerns or other action

(1)If the chief executive considers a mineral development licence holder should take stated action to ease concerns of an owner of land or another mineral development licence holder, or should take some other action, the chief executive may recommend the action to the Minister.
(2)The Minister may give the mineral development licence holder the directions the Minister considers appropriate about the recommended action.
(3)A failure by the holder to comply with the Minister’s directions is taken to be a breach of a condition of the mineral development licence.
(4)If the Minister gives a direction under subsection (2), the chief executive must give a copy to—
(a)if the recommended action under subsection (1) relates only to native title protection conditions under section 194AAA—any person identified in the conditions as a native title party; or
(b)if the recommended action under subsection (1) relates only partly to the native title protection conditions—
(i)any person identified in the conditions as a native title party; and
(ii)the owner of the land; or
(c)otherwise—the owner of the land.
(5)If the recommended action under subsection (1) is action to ease concerns of an owner of land or another mineral development licence holder, the chief executive must give the owner and the other mineral development licence holder written notice of—
(a)the substance of any recommendation made to the Minister under subsection (1) or, if the chief executive decides not to make a recommendation, the chief executive’s decision; and
(b)any other action the chief executive has taken to ease the concerns of the owner or mineral development licence holder.

224Utilisation of security deposit towards subsequent mineral development licence or mining lease

Where the holder of a mineral development licence makes application for the grant of a subsequent mineral development licence or a mining lease, the Minister notwithstanding that the period of 6 months after the termination of that licence may not have elapsed may, instead of refunding the whole or part of the security deposited in respect of the current mineral development licence, retain that security or part thereof (together with any further security fixed by the Minister) as the security (in which case it shall be taken to be or to be part of the security) deposited by the applicant in respect of the subsequent mineral development licence or the mining lease.

225Direction to apply for mining lease

(1)If, at any time during the currency of a mineral development licence, the Minister is of the opinion that actual mining operations should commence on any part of the area of the licence, the Minister shall give to the holder written notice directing the holder to indicate, within the time specified in the notice, why the holder should not apply for a mining lease for that purpose.
(2)If the holder of a mineral development licence to whom a notice under subsection (1) has been given does not, within the time specified in the notice, or such longer time as the Minister in writing may approve, reply to the notice, or the Minister, on considering the holder’s reply, is not satisfied that the holder should not apply for a mining lease, the Minister may give the holder a further written notice directing the holder, within the time specified in the notice or such extended time as the Minister in writing may approve, to apply for such a mining lease.
(3)If the holder to whom a notice under subsection (2) is given does not apply for a mining lease as directed within the specified time or such extended time, the Minister may in the Minister’s discretion cancel the mineral development licence.
(4)Upon the cancellation of a mineral development licence pursuant to subsection (3) land in the area of the mineral development licence does not become part of the area of any current exploration permit.
(5)Any refund of moneys held in respect of a mineral development licence that is cancelled pursuant to subsection (3) (including any security deposited) shall be at the Minister’s discretion.

226Minister may determine availability of certain land

(1)Where in respect of any land—
(a)an application for a mineral development licence or for renewal thereof is rejected by the Minister; or
(b)a mineral development licence expires by effluxion of time and an application to renew the licence is not duly made; or
(c)a mineral development licence is cancelled pursuant to section 209 or 225; or
(d)a mineral development licence is surrendered or an application for the grant of a mineral development licence is abandoned in respect of land over which the holder of or the applicant for the grant does not hold an exploration permit that adjoins that land;

that land, shall not be available for any subsequent application for the grant of a mining tenement unless and until approved by the Minister.

(2)An approval of the Minister under subsection (1) may limit the type of application or grant that may be made in respect of the land specified in the approval and may stipulate the conditions under which applications therefor may be made.
(3)An approval of the Minister under subsection (1) may provide that a subsequent application by an eligible person need not be by the holder of a prospecting permit, exploration permit or a mineral development licence.
(4)Notwithstanding subsection (1), where the applicant for a mineral development licence that is rejected is at the time of the rejection the holder of an exploration permit in respect of the same land, that land shall, upon the rejection, be subject to the exploration permit.

226AA Application to add excluded land to existing licence

(1)The holder of a mineral development licence (the existing licence) may apply to the Minister to add excluded land to the existing licence.
(2)The provisions of this part apply, with necessary changes, to an application under subsection (1) as if it were an application under section 183.
(3)Without limiting subsection (2), in deciding the application, the Minister may—
(a)impose conditions under section 194(1)(l) in addition to any conditions that apply under the existing licence; and
(b)fix an amount of security to be deposited under section 190 in addition to any security for the existing licence.
(4)On the granting of the application, the excluded land is included in the existing licence.
(5)In this section—
excluded land means land that was the subject of a specific exclusion when the existing licence was granted or that was taken to be excluded under section 182.

226AReduction of area of mineral development licence on grant of mining lease

(1)This section applies if a mining lease is granted because of an application made by—
(a)the holder of a mineral development licence granted for the same area for the same mineral, whether or not at the Minister’s direction; or
(b)an eligible person with the holder’s consent.
(2)The area of the licence must be reduced by omitting the area of the mining lease.
(3)The terms of the licence may be varied as the Minister directs.

227Discovery etc. of mineral does not vest property

A person who whilst acting under the authority of a mineral development licence discovers or takes any mineral does not thereby acquire property therein and shall not dispose of any such mineral except with the consent of the Minister whose consent may be subject to such terms and conditions as the Minister thinks fit (including conditions as to the payment of royalties).

228Effect of termination of mineral development licence

(1)This section applies on the termination of a mineral development licence.
(2)However, this section does not apply to a mineral development licence if the termination is for granting a new mineral development licence or a mining lease over the area of the terminated licence to the holder of the terminated licence.
(3)On the termination of a mineral development licence, the ownership of machinery, equipment and removable improvements (plant) on the area of the terminated licence divests from the owner and vests in the State.
(4)However, subsection (3) applies to plant only if the plant was brought on to the land under the terminated mineral development licence.

229Application may be made for approval to remove plant

(1)This section applies to plant that vests in the State on the termination of a mineral development licence.
(2)Anyone who had an interest in the plant immediately before its ownership vested in the State may apply in writing to the Minister for permission to remove the plant from the land.
(3)The application—
(a)must be made within 20 business days after the plant vests in the State (or a longer period, of not more than 3 months, allowed by the Minister); and
(b)may be made even though a subsequent grant of a mining claim, exploration permit, mineral development licence or mining lease has been made over the land.
(4)The Minister may approve or refuse to approve the application.
(5)However, the Minister must approve the application if the Minister is satisfied—
(a)the person was entitled to the plant immediately before it vested in the State; and
(b)there is enough security held for the terminated mineral development licence to meet the costs for which it was deposited.

Note—

For the provision of security, see section 190.
(6)An approval may be given on conditions stated in it.
(7)If the application is approved, the person named in the approval may enter the land and remove the plant (other than any covers, fencing, casings, linings, timbering or other things securing the safety of the land) stated in the application before the time stated in the approval ends.
(8)Anything lawfully removed under subsection (7) divests from the State and vests in the person entitled to it immediately before the termination of the mineral development licence.
(9)In this section, plant has the meaning given in section 228(3).

230Plant remaining on former mineral development licence may be sold etc.

(1)This section applies if the chief executive has not received, or has received but not granted, an application for approval to remove plant from the site of a terminated mineral development licence within 3 months after the licence’s termination.
(2)The Minister may direct the chief executive to—
(a)sell the plant by public auction or in another stated way; or
(b)if the plant has no commercial value—dispose of or destroy it.
(3)Proceeds of a sale are to be applied in the following order towards—
(a)the reasonable expenses incurred in the sale;
(b)the cost of rectifying actual damage for which an amount of security deposited for the terminated mineral development licence could have been used but was not used, or was inadequate;
(c)costs and expenses mentioned in the Environmental Protection Act, section 316C;
(c)any costs or expenses mentioned in the Environmental Protection Act, section 298 for a relevant environmental authority;
(d)amounts owing to the State under this Act by the former holder;
(e)any other amounts owing to the State under the Environmental Protection Act for a relevant environmental authority;
(f)amounts owing to a mortgagee under a mortgage registered under the Common Provisions Act over the mineral development licence.
(4)Any balance must be paid to the former holder.
(5)If the chief executive can not decide the identity of, or locate, a person entitled to the proceeds or part of the proceeds, the chief executive may pay the amount to the public trustee as unclaimed moneys.
(5A)A secured party can not enforce any security interest in the proceeds of sale against an entity to whom an amount is payable under subsection (3)(a) to (e).
(6)Compensation is not payable for a sale, disposal or destruction under this section.
(7)In this section—
plant has the meaning given in section 228(3).
PPS Act means the Personal Property Securities Act 2009 (Cwlth).
secured party has the meaning given by the PPS Act, section 10.
security interest has the meaning given by the PPS Act, section 12.

231Variation of access to mineral development licence area

(1)The holder of a mineral development licence may apply to the chief executive in the approved form for a variation of the land used or proposed to be used as access in relation to the area of the mineral development licence.
(2)An application for a variation of the land used or to be used as access under this section shall be accompanied by—
(a)such particulars as are, under section 183, required to accompany an application for the grant of a mineral development licence in so far as those particulars relate to the land used or proposed to be used as access in relation to the area of the mineral development licence; and
(b)the prescribed application fee.
(3)The Minister may grant or reject an application under this section.
(4)Without limiting subsection (3), the Minister may reject the application if the Minister considers the variation is not in the public interest.
(5)If the Minister grants the application, the Minister may impose conditions on the variation.
(6)Without limiting subsection (5), the Minister may impose a condition on the variation if the Minister considers the condition is in the public interest.
(7)Upon the grant of an application under this section the variation shall thereupon become effective.
(8)If an application under this section is rejected, the Minister shall cause the applicant to be advised of the reasons for the rejection.
(9)Within 15 business days (or such longer period as the Minister shall in the particular case allow) of the Minister granting an application under this section, the holder of the mineral development licence shall give notice in the approved form to the owner of land directly affected by the variation.

231AA Activity report for mineral development licence

A regulation may—
(a)require a holder of a mineral development licence to give the Minister a report (an activity report) about the activities carried out under the licence; and
(b)prescribe the following for the activity report—
(i)when the report is to be given;
(ii)the information to be contained in the report.

231AB Partial surrender report for mineral development licence

A regulation may—
(a)require a holder of a mineral development licence to give the Minister a report (a partial surrender report) about a reduction in the area of the licence; and
(b)prescribe the following for the partial surrender report—
(i)when the report is to be given;
(ii)the information to be contained in the report.

231AC Final report for mineral development licence

A regulation may—
(a)require a holder of a mineral development licence to give the Minister a report (a final report) summarising the results of activities carried out under the licence during the whole of its term; and
(b)prescribe the following for the final report—
(i)when the report is to be given;
(ii)the information to be contained in the report.

Part 2 Mineral development licence for Aurukun project

231AApplication of pts 1 and 2

(1)This part applies only for the granting of, and in relation to, a mineral development licence for an Aurukun project.
(2)Part 1, except to the extent mentioned in subsection (3), also applies for the granting of, and in relation to, a mineral development licence for an Aurukun project.
(3)Sections 179, 180, 181(2), 182, 183, 185, 186, 188, 189, 192, 194, 197A, 208, 210, 214(1)(a), 225 and 226AA do not apply for the granting of, and in relation to, a mineral development licence for an Aurukun project.
(4)Also, a reference in a provision of part 1 to a provision that has been disapplied under subsection (3) is to be disregarded.

231BOnly eligible person can apply for and hold mineral development licence (180)

(1)A mineral development licence under this part can only be applied for and held by an eligible person.
(2)The application and grant of a licence may be made even if the land for the relevant Aurukun project is part of a restricted area.

Note—

The numbers bracketed in the headings to this and other sections of this part are references to corresponding sections in part 1.
(3)Despite subsection (1), a mineral development licence granted under this part may be cancelled under section 231J even though the holder has ceased to be an eligible person.

231CApplication for mineral development licence (183)

The application for the grant of a mineral development licence must—
(a)be in the approved form; and
(b)define the boundary of the area of the proposed mineral development licence; and

Note—

Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.
(c)define the boundary of any area of land outside the area of the proposed mineral development licence intended to be used to access the surface area of the land proposed to be included in the proposed licence area; and
(d)be lodged with the chief executive; and
(e)be accompanied by—
(i)a statement, acceptable to the Minister, stating the activities, if any, proposed to be conducted under the licence, including, for example, work programs, amounts to be spent and studies to be performed; and
(ii)a statement, acceptable to the Minister, separate from the statement mentioned in subparagraph (i), detailing the applicant’s financial and technical resources; and
(iii)the application fee prescribed under a regulation.

231EMinister may grant or reject application for mineral development licence (186)

(1)If the Minister is satisfied the applicant has complied with this Act in relation to the application, the Minister may grant the applicant a mineral development licence over all or part of the land for which the application is made.
(2)Alternatively, the Minister may reject the application.
(3)Without limiting subsection (2), the Minister may reject the application if the Minister considers the mineral development licence is not in the public interest.
(4)If the Minister rejects the application, in whole or in part, the Minister must, as soon as practicable after making the decision, give the applicant written notice of the reasons for the decision.
(5)If the Minister grants the licence for part only of the land applied for, the application in so far as it relates to the balance of that land is taken to be rejected.
(6)The Minister may decide a condition to which the licence is subject if the Minister considers the condition is in the public interest.
(7)The chief executive must record in the register the following details of the licence—
(a)the identification number of the licence;
(b)the name of the holder;
(c)the address for service of notices on the holder;
(d)the description of land for which the licence is granted;
(e)the term and date of commencement of the licence;
(f)the conditions, other than conditions prescribed under this Act, to which the licence is subject;
(g)the minerals the subject of the licence.

231FInitial term of mineral development licence (192)

(1)The initial term of a mineral development licence is for a period of not more than 5 years starting on the first day of the month next following the day the licence is granted.
(2)From the grant of the licence to the start of the initial term, the holder has all the entitlements, powers, duties and functions the holder has during the term of the licence.
(3)Despite section 193, no rent is payable for the period before the initial term starts.

231GConditions of mineral development licence (194)

(1)A mineral development licence is subject to—
(a)a condition that the holder must—
(i)comply with the mandatory provisions of the land access code to the extent it applies to the holder; and
(ii)ensure any other person carrying out an authorised activity for the mineral development licence complies with the mandatory provisions of the land access code; and
(b)if the holder uses land outside the boundary of the area of the mineral development licence for access to the area of the mineral development licence, a condition that the holder may use the land only for the following purposes—
(i)to transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mineral development licence;
(ii)to transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder;
(iii)to construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii); and
(c)a condition that the holder must carry out the activities, if any, for which the licence was granted and in accordance with this Act and the conditions of the licence and for no other purpose; and
(d)a condition that the holder must carry out improvement restoration for the licence; and
(e)a condition that the holder, before the licence ends for whatever cause, must remove all equipment and plant on or in the area of the licence unless otherwise authorised in writing by the Minister; and
(f)a condition that without the prior approval in writing of the Minister the holder must not obstruct or interfere with any right of access had at any time during the term of the licence by any person in relation to the area of the licence for so long as that right of access is exercised; and
(g)a condition that the holder is not to transfer or mortgage the licence, or any part of it, unless the Minister is satisfied that any approval or consent required under the relevant Aurukun agreement has been given; and
(h)a condition that the holder must, when the Minister requires, give to the Minister—
(i)progress and final reports, accompanied by maps, sections, charts and other data giving full particulars and results of activities carried out on the area stated by the Minister, including details of costs incurred for stated periods within the term of the licence; and
(ii)materials obtained because of the holder’s activities under the licence; and
(i)a condition that the holder—
(i)pays the rental prescribed under a regulation; and
(ii)deposit, as required by the Minister, any security from time to time under this Act; and
(j)a condition that the holder must comply with this Act, other mining legislation and the At Risk agreement; and
(k)any other conditions stated in the relevant Aurukun agreement to be conditions of the licence; and
(l)any other conditions decided by the Minister.
(2)Without limiting subsection (1), the Minister may decide a condition of the licence if the Minister considers the condition is in the public interest.
(3)The Minister may, from time to time and with the agreement of the holder, vary any condition imposed by the Minister.
(4)Without limiting subsection (3), the Minister may decide not to make a variation of the condition proposed by the holder if the Minister considers the variation is not in the public interest.
(5)The holder of the licence and all persons acting under the authority of the licence must comply with the conditions for the time being of the licence.
(6)Conditions requiring compliance with stated codes or industry agreements may be imposed on the licence.
(7)Despite subsections (1) to (4) and (6), a condition must not be imposed or varied if the condition, or the condition as varied, is the same, or substantially the same, or inconsistent with, a relevant environmental condition for the licence.

231HRenewal of licence (197A)

(1)The Minister may renew a mineral development licence if the Minister is satisfied of each of the following—
(a)the relevant Aurukun agreement has not been terminated;
(b)the holder of the licence has complied with—
(i)the licence; and
(ii)this Act in relation to the licence;
(c)the activities proposed to be undertaken during the renewed term are appropriate;
(d)the financial and technical resources available to the holder to carry out the proposed activities during the renewed term are appropriate.
(2)The renewal may be granted for a further term of not more than 5 years decided by the Minister.
(3)The renewed licence is subject to any conditions applying at the end of the earlier term of the licence and to any other conditions decided by the Minister.
(4)Without limiting subsection (3), the Minister may decide a condition to which the licence is subject if the Minister considers the condition is in the public interest.
(5)The Minister may refuse to renew the licence if the Minister—
(a)has served on the holder a notice, in the approved form, asking the holder to show cause, within the period stated in the notice, why the renewal should not be refused; and
(b)after considering the holder’s response, is satisfied the renewal should be refused.
(6)Without limiting subsection (1) or (5), the Minister may refuse the renewal if the Minister considers the renewal is not in the public interest.
(7)As soon as practicable after deciding the application for the renewal, the Minister must give the holder a written notice stating—
(a)the decision; and
(b)if the decision is to refuse the renewal, the reasons for the decision.

231IRequirements for transferring or mortgaging mineral development licences

(1)Subsection (2) applies to restrict a transfer or mortgage of a mineral development licence in addition to any requirements under the Common Provisions Act.
(2)A mineral development licence, or an interest in a mineral development licence, can not be transferred or mortgaged unless the Minister is satisfied that any approval or consent required under the relevant Aurukun agreement for the transfer or mortgage has been given.

231JContravention by holder of mineral development licence (209)

In addition to section 209, if the relevant Aurukun agreement has been terminated, the Minister may cancel the licence.

Chapter 6 Mining leases

Part 1 Mining leases generally

232Eligible person may apply for mining lease

(1)An eligible person (an applicant) may apply for a mining lease for 1 or more minerals over an area of contiguous land (the proposed lease area).

Notes—

1See section 245 for the requirements for making an application.
2See sections 248 and 249 for the requirements for an applicant to obtain the consent or views of the holder of, or an earlier applicant for, an exploration permit, mineral development licence or mining lease over the same land.
(2)However, if the application is for a coal mining lease—
(a)the proposed lease area must be in the area of any of the following (each a resource authority)—
(i)a prospecting permit;
(ii)an exploration permit for coal;
(iii)a mineral development licence; and
(b)the applicant must—
(i)be the holder of the resource authority; or
(ii)have the consent of the holder of the resource authority to apply for the coal mining lease.

233Only eligible persons to hold mining leases

A mining lease shall not be held by a person who is not an eligible person.

234Minister may grant mining lease

(1)The Minister may grant to an eligible person or persons, a mining lease for all or any of the following purposes—
(a)to mine the mineral or minerals specified in the lease and for all purposes necessary to effectually carry on that mining;
(b)such purposes, other than mining, as are specified in the mining lease and that are associated with, arising from or promoting the activity of mining.
(2)However, coal seam gas can not be specified in a mining lease.

Note—

For the entitlement of a coal mining lease holder or an oil shale mining lease holder to mine coal seam gas, see section 318CM.
(3)Also, the Minister must not grant a mining lease for land in a fossicking area, or for land that includes the whole or part of a fossicking area, unless the application—
(a)was made, but not decided, before the land became a fossicking area; or
(b)is for land in a prospecting permit, exploration permit or mineral development licence.

235General entitlements of holder of mining lease

(1)Subject to section 236 and chapter 8, part 8, division 1, during the currency of a mining lease, the holder of the mining lease and any person who acts as agent or employee of the holder (or who delivers goods or substances or provides services to the holder) for a purpose or right for which the mining lease is granted—
(a)may enter and be—
(i)within the area of the mining lease; and
(ii)upon the surface area comprised in the mining lease;

for any purpose for which the mining lease is granted or for any purpose permitted or required under the lease or by this Act;

(b)may do all such things as are permitted or required under the lease or by this Act, including plugging and abandoning, or otherwise remediating, a legacy borehole and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation.
(2)During the currency of the mining lease, the rights of the holder relate, and are taken to have always related, to the whole of the land and surface area mentioned in subsection (1).

236Entitlement to use sand, gravel and rock

(1)Subject to compliance with any conditions specified in the mining lease and payment of the prescribed royalty to the person having the property in any sand, gravel or rock the holder of the mining lease may utilise, upon the area of the mining lease and for any purpose permitted under the mining lease, sand, gravel and rock occurring in or on the area of the mining lease except to the extent that an authority granted under any other Act prior to the grant of the mining lease or, with the consent of the holder of the mining lease, after the grant of the mining lease for the use or disposal applies thereto.
(2)A provision in any other Act, other than the Environmental Protection Act, that, but for this subsection, would require a person acting pursuant to subsection (1) to obtain a licence or other authority thereunder to so act or would prohibit that person from so acting unless the person held such a licence or authority does not apply to that person.
(3)For the purposes of chapter 11, sand, gravel and rock utilised by the holder of a mining lease pursuant to this section shall be deemed to be mineral mined by the holder.

237Drilling and other activities on land not included in surface area

(1)A mining lease holder may, in the approved form, apply to the Minister for approval to conduct drilling and other activities on land not included in the surface area covered under the lease.
(2)The application—
(a)must be lodged with the chief executive; and
(b)must describe—
(i)the activities proposed to be carried out on the land under the mining lease; and
(ii)the area over which the activities are to be carried out on the land; and
(c)must state how long the activities are to be carried out; and
(d)must be accompanied by—
(i)the written consent of the owner of the land; and
(ii)if there is an agreement between the holder and the owner about the compensation payable to the owner for the activities—a copy of the agreement; and
(iii)the fee prescribed under a regulation.
(3)The Minister may approve or refuse to approve the application.
(4)An approval may be given on conditions stated in it, including conditions about, for example, depositing security and complying with stated codes.
(5)If an approval is given—
(a)the mining lease must be amended to give effect to the approval and the conditions stated in it; and
(b)the chief executive must record in the register the details of the approval.

238Mining lease over surface of restricted land

(1)A mining lease may be granted over the surface of land that was restricted land when the application for the lease was lodged only if—
(a)each relevant owner for the restricted land consents in writing to the application; and
(b)the applicant lodges each relevant owner’s consent with the chief executive.
(2)A relevant owner for restricted land can not withdraw a consent under subsection (1) once it has been lodged with the chief executive.
(3)In this section—
relevant owner, for restricted land, has the meaning given under the Common Provisions Act, section 69.

239Restriction on mining leases if land is released from exploration permit)

(1)This section applies if an area of land is released from an exploration permit.
(2)However, this section applies only for the period—
(a)starting when the land is released; and
(b)ending 2 months after the end of the month in which the land is released.
(3)A person can not apply for, hold or have an interest (direct or indirect) in, 1 or more mining leases over the released land if the total area of the mining leases is more than 300ha.
(4)In this section—
released, for land the subject of an exploration permit, means the land stops being the subject of the permit.

245Application for grant of mining lease

(1)An application for the grant of a mining lease must—
(a)be in the approved form; and
(b)state the name of each applicant; and
(c)state the name and address for service of 1 person upon whom any notice may be served on behalf of the applicant or the applicants; and
(d)describe all parcels of land the whole or part of which are in or adjoin the proposed lease area; and
(e)state the current use of the land in the proposed lease area and whether it is subject to erosion control works; and
(f)state the names and addresses of the owners of—
(i)the land in the proposed lease area; and
(ii)any land that is to be used to access the land mentioned in subparagraph (i); and
(g)define the boundary of the proposed lease area; and

Note—

Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.
(h)define the boundary of each of the following—
(i)any surface area of land to be included in the proposed lease area;
(ii)any restricted land for the proposed mining lease;
(iii)any land outside the boundary of the proposed lease area intended to be used to access the proposed lease area; and
(i)for land mentioned in paragraph (h)(i)—state the purpose for which the land is intended to be used; and
(j)be accompanied by a visual representation of the boundaries and land mentioned in paragraphs (g) and (h); and
(k)give reasons why the mining lease should be granted in respect of the area and shape of the proposed lease area; and
(l)identify the mineral or minerals or purpose for which the grant of the proposed mining lease is sought; and
(m)nominate the term of the proposed mining lease and give reasons for the length of term sought; and
(n)be accompanied by a statement, acceptable to the chief executive—
(i)outlining the mining program proposed, its method of operation, and providing an indication of when operations are expected to start or, if a mining program is not proposed, outlining the use proposed for the proposed lease area and providing an indication of when the proposed use is to start; and
(ii)of proposals for infrastructure requirements necessary to enable the mining program to proceed, or additional activities to be carried on to work out the infrastructure requirements; and
(iii)stating the estimated human, technical and financial resources proposed to be committed to authorised activities for the proposed mining lease during the term of the lease, if granted; and
(o)be accompanied by a statement, acceptable to the chief executive and separate from the statement mentioned in paragraph (n), detailing the applicant’s financial and technical resources; and
(p)be accompanied by—
(i)proof, to the chief executive’s satisfaction, of each applicant’s identity; and
(ii)the number of additional copies of the application, and other documents lodged with the application, the chief executive requires; and
(iii)the application fee prescribed by regulation; and
(q)be lodged.
(2)However, subsection (1)(n)(i) does not apply if, under chapter 8, the application includes a proposed development plan that complies with the initial development plan requirements.
(3)The chief executive must not accept a mining program mentioned in subsection (1)(n)(i) that is inconsistent with the provisions of this Act.

248Applicant must obtain consent or views of existing authority holders

(1)This section applies if a person applies for a mining lease over land in the area of an existing exploration permit, mineral development licence or mining lease (the existing authority) held by someone else.
(2)The applicant must obtain the existing authority holder’s written consent to the application if the lease applied for is for the area of, or land within the area of, the existing authority and for—
(a)the same minerals as the existing authority; or
(b)a specific purpose mining lease.
(3)The applicant must obtain the existing authority holder’s written views on the application if the lease applied for is for different minerals to those covered by the existing authority.
(4)If the existing authority holder’s consent required under subsection (2) is not lodged with the chief executive before the last objection day for the application ends, the application can not be granted.
(5)If the existing authority holder’s views required under subsection (3) are not lodged with the chief executive before the last objection day for the application ends, the applicant must lodge with the chief executive before the last objection day ends a statutory declaration stating why the applicant can not obtain the views.

249Later applicant must obtain consent or views of earlier applicant if same land affected

(1)This section applies if—
(a)a person (the earlier applicant) makes an application to the chief executive for an exploration permit, mineral development licence or mining lease over land; and
(b)someone else (the later applicant) makes a later application to the chief executive for a mining lease for any land applied for in the earlier application.
(2)The later applicant must obtain the earlier applicant’s written consent to the later application if the lease applied for in the later application is over land applied for in the earlier application and for—
(a)the same minerals as the earlier application; or
(b)a specific purpose mining lease.
(3)The written consent may be lodged with the chief executive before—
(a)if the earlier application is decided by the grant of the permit, licence or lease applied for—20 business days after the permit, licence or lease is granted; or
(b)otherwise—the earlier application is decided.
(4)The later applicant must, within the request period, give the earlier applicant a written request seeking the earlier applicant’s views if—
(a)the earlier application is for a mining tenement mentioned in subsection (1)(a); and
(b)the lease applied for in the later application is—
(i)over land applied for in the earlier application; and
(ii)for different minerals to those covered by the earlier application.
(5)The written request must—
(a)state that the earlier applicant may, within the response period, lodge written views on the later application with the chief executive; and
(b)include a copy of the later application, other than any part of the application detailing the later applicant’s financial and technical resources.
(6)A later applicant to whom subsection (4) applies must lodge with the chief executive notice of the day the later applicant complied with the obligation under subsection (4).
(7)An earlier applicant given a written request under subsection (4) may, within the response period, lodge the earlier applicant’s written views with the chief executive.
(8)The chief executive must not deal with the later application until—
(a)for a later application to which subsection (2) applies—the earlier applicant’s consent is lodged with the chief executive; or
(b)for a later application to which subsection (4) applies—
(i)the earlier applicant’s views are lodged with the chief executive; or
(ii)the end of the response period; or
(c)for any other later application—the day the earlier application is finally decided.
(9)In this section—
request period means a period of 10 business days starting on the day the later application is lodged.
response period means a period of 20 business days starting on the day the earlier applicant is given a notice under subsection (4).

250Rejection of application by chief executive

(1)A person who lodges an application for the grant of a mining lease shall provide the chief executive with such information and particulars relating to the requirements set out in section 245(1) on behalf of the applicant as the chief executive requires and on failure to provide that information the chief executive may reject the application.
(2)The chief executive may reject an application for a mining lease for all or part of land that appears, on evidence available to the chief executive, to be in the area of a mining claim, mineral development licence (other than the licence held by the applicant) or mining lease, or an application for the grant of a mining claim, mineral development licence or mining lease.
(3)For the purposes of subsection (2) where a mining claim, mineral development licence or mining lease is terminated or an application for a mining claim, mineral development licence or mining lease is abandoned or rejected, the relevant area or land shall be deemed to continue to be subject to the mining claim, mineral development licence or mining lease, or application until the day next following that termination, abandonment or rejection.
(4)A person whose application for the grant of a mining lease is rejected by the chief executive pursuant to subsection (1) or (2) may appeal against the rejection to the Land Court by lodging a written notice of appeal with the registrar of the Land Court within 20 business days of the rejection.
(5)The Land Court shall hear and determine the appeal and its determination thereon shall be final.
(6)At a hearing pursuant to this subsection the Land Court shall take such evidence, shall hear such persons and inform itself in such manner as it considers appropriate in order to determine the appeal and shall not be bound by any rule or practice as to evidence.
(7)If the Land Court does not confirm the rejection by the chief executive the Land Court shall direct the chief executive to proceed with the application and the chief executive shall do all things necessary to implement that decision.

251Priority of mining lease applications

(1)Applications made under this Act for the grant of mining leases for the same land must be considered and decided according to the day on which they are lodged.
(2)If 2 or more applications are lodged on the same day—
(a)they take the priority the Minister decides, after considering the relative merits of each application; and
(b)the chief executive must give each applicant a written notice stating there is competition for priority between the applicant’s application and another application, or other applications, lodged on the same day as the day on which the applicant’s application was lodged.

252Issue of mining lease notice

(1)This section applies if the chief executive is satisfied the applicant for the grant of a mining lease—
(a)is eligible to apply for the mining lease; and
(b)has complied with the requirements of this Act for the application.
(2)The chief executive must give the applicant a written notice for the application (the mining lease notice).
(3)The mining lease notice must state the following—
(a)the number of the proposed mining lease;
(b)the date and time the application was lodged;
(c)any documents or other information, in addition to the documents mentioned in section 252A(1)(a) and (b), the applicant must give to each affected person within the meaning of section 252A;
(d)where the application and any additional documents given to the chief executive about the application may be inspected or accessed;
(e)the last day (the last objection day) for lodging objections to the application.
(4)The last objection day must be at least 20 business days after the notice is given to the applicant.

252AGiving and publication of mining lease notice and other information

(1)The applicant for a proposed mining lease must give the following documents and information to each affected person—
(a)a copy of the mining lease notice;
(b)a copy of the application for the mining lease, other than any part of it—
(i)that states the applicant’s financial and technical resources; or
(ii)the chief executive considers is commercial in confidence;
(c)the documents and other information stated under section 252(3)(c) in the mining lease notice.
(2)The documents and other information mentioned in subsection (1) must be given within 5 business days after the mining lease notice is given to the applicant.
(3)The applicant for a proposed mining lease must, in an approved newspaper circulating generally in the area of the subject land, publish—
(a)a copy of the mining lease notice; or
(b)if a map or sketch plan is to be included in the publication—
(i)a notice in the approved form about the mining lease notice; and
(ii)the map or sketch plan.
(4)The publication must take place at least 15 business days before the last objection day.
(5)The chief executive may decide an additional or substituted way, or a longer or shorter period, for the giving of the documents and other information mentioned in subsection (1) or the publication of the documents mentioned in subsection (3).
(6)If the chief executive makes a decision under subsection (5)—
(a)the chief executive must give the applicant written notice of the decision no later than the giving of the mining lease notice to the applicant; and
(b)the applicant must comply with the decision instead of subsections (2) to (4).
(7)In this section—
adjoining land
(a)means private land that adjoins—
(i)subject land; or
(ii)a lot, within the meaning of the Land Act 1994 or the Land Title Act 1994 that contains any part of subject land; and
(b)includes land that would adjoin land mentioned in paragraph (a)(i) or (ii) if it were not separated by a road, watercourse, railway, stock route, reserve or drainage or other easement; and
(c)does not include land only because it adjoins land necessary for—
(i)access to subject land; or
(ii)transporting things to subject land.
affected person means—
(a)an owner of the subject land; or
(b)an owner of land necessary for access to the subject land; or
(c)an owner of adjoining land; or
(d)the relevant local government; or
(e)an entity that provides infrastructure wholly or partially on the subject land.
approved newspaper means a newspaper approved by the chief executive.
infrastructure means infrastructure relating to the transportation, movement, transmission or flow of anything, including, for example, goods, material, substances, matter, particles with or without charge, light, energy, information and anything generated or produced.
subject land means land the subject of the proposed mining lease.

252BDeclaration of compliance with obligations

(1)The applicant for a proposed mining lease must give the chief executive a statutory declaration that the applicant has complied with section 252A.
(2)The declaration must be given within the later of the following periods to end—
(a)5 business days after the last objection day for the application for the mining lease;
(b)if the chief executive at any time decides a longer period—the longer period.
(3)If the chief executive considers the declaration given under subsection (2) may not identify each person to whom a document, information or notice must be given under section 252A, the chief executive may require the applicant to give the chief executive another declaration under subsection (1) within the period decided by the chief executive.
(4)Until a declaration mentioned in subsection (2) or (3) is given—
(a)the Land Court must not make a final recommendation to the Minister about the application for the mining lease, other than a recommendation to reject the application; and
(b)the Land Court may refuse to hear any matter about the application.

252CContinuing obligation to notify

(1)This section applies for an application for a mining lease if, after the day the mining lease notice has been given to the applicant but before the hearing day for the application, the applicant gives the chief executive an additional document about the application.
(2)The applicant must give a copy of the document to each affected person within the meaning of section 252A.

253Reissue of mining lease notice

(1)The chief executive may reissue a mining lease notice if the chief executive is satisfied it should be reissued—
(a)because of an error in its preparation; or
(b)because compliance with the notice is impracticable.
(2)If the chief executive reissues a mining lease notice, the chief executive may extend the last date for objections to take account of the time between the issue of the original notice and its reissue.

260Objection to application for grant of mining lease

(1)An entity may, on or before the last objection day for the application, lodge with the chief executive an objection in writing in the approved form.
(2)An owner of land who attends a conference with the applicant for the grant of a mining lease may lodge an objection on or before the expiration of 5 business days after the conclusion of that conference or if the applicant for the grant of the mining lease fails to attend the conference after the day upon which the conference was convened, notwithstanding that the period for objection prescribed by subsection (1) has expired.
(3)An objection referred to in subsection (1) or (2) shall state the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds.
(4)Each objector to an application for the grant of a mining lease shall serve upon the applicant on or before the last date that the objector may lodge an objection to that application a copy of the objection lodged by the objector.

261Objection may be withdrawn

(1)An objection to an application for a mining lease may be withdrawn by the objector giving written notice of the withdrawal to—
(a)the chief executive; and
(b)if the objection has been referred to the Land Court under section 265
(i)the Land Court; and
(ii)the applicant.
(2)A withdrawal of an objection can not be revoked.

265Referral of application and objections to Land Court

(1)Subsections (2) and (3) apply if—
(a)a properly made objection is made for an application for a mining lease; and
(b)the application for the mining lease relates to an application under the Environmental Protection Act, section 125 for an environmental authority for a mining activity relating to a mining lease; and
(c)either—
(i)an objection notice relating to the application for the environmental authority is given under the Environmental Protection Act, section 182(2) to the EPA administering authority; or
(ii)the applicant for the environmental authority has requested, under the Environmental Protection Act, section 183(1), that the application for the environmental authority be referred to the Land Court.
(2)The chief executive must refer the following to the Land Court for hearing—
(a)the application for the mining lease;
(b)all properly made objections for the application for the mining lease;
(c)all objection notices, relating to the application for the environmental authority, given under the Environmental Protection Act, section 182(2);
(d)if the applicant for the environmental authority has requested the EPA administering authority to refer the application to the Land Court under the Environmental Protection Act, section 183—a copy of the request.
(3)The chief executive must make the referral within 10 business days after the latest of the following—
(a)the last objection day for the application for the mining lease;
(b)if an owner of land may lodge an objection under section 260(2)—the last day of the period for lodging an objection under that subsection;
(c)the last day on which the application for the environmental authority may be referred to the Land Court under the Environmental Protection Act, section 185(2).
(4)Subsections (5) and (6) apply if—
(a)a properly made objection is made for an application for a mining lease; and
(b)the application for the mining lease does not relate to an application under the Environmental Protection Act, section 125 for an environmental authority for a mining activity relating to a mining lease.
(5)The chief executive must refer the application for the mining lease, and all properly made objections for the application, to the Land Court for hearing.
(6)The chief executive must make the referral within 10 business days after the later of the following—
(a)the last objection day for the application for the mining lease;
(b)if an owner of land may lodge an objection under section 260(2)—the last day of the period for lodging an objection under that subsection.
(7)If the Land Court receives a referral under subsection (2) or (5), the Land Court must fix a date for the hearing and immediately give written notice of the date to each of the following—
(a)the chief executive;
(b)the applicant for the mining lease;
(c)a person who has lodged a properly made objection for the application for the mining lease;
(d)a person who has given to the EPA administering authority, under the Environmental Protection Act, section 182(2), an objection notice relating to the application for the environmental authority.
(8)The hearing date must be at least 20 business days after the last objection day for the application for the mining lease.
(9)The Land Court may make an order or direction that a hearing under section 268 for an application for the grant of a mining lease and any objections to the grant happen at the same time as an objections decision hearing under the Environmental Protection Act, section 188 relating to the application for the mining lease.
(10)If all properly made objections referred to the Land Court under subsection (2) or (5) are withdrawn under section 261 or struck out under section 267A before the Land Court forwards its recommendation to the Minister under section 269, the Land Court may remit the matter to the chief executive.
(11)In this section—
properly made objection means an objection lodged under section 260 that has not been withdrawn.

266Chief executive may recommend rejection of application for noncompliance

If, at any time after a mining lease notice is given for a mining lease, the chief executive is of the opinion that an applicant for the grant of the mining lease has not complied with any requirement placed upon the applicant by or under this Act in respect of the application, the chief executive may recommend to the Minister that the application be rejected.

267Minister may reject application at any time

The Minister, whether or not the chief executive has so recommended, may at any time reject an application for the grant of a mining lease notwithstanding that the application has not been the subject of a hearing by the Land Court if—
(a)the Minister is satisfied that the applicant has not complied with any requirement placed upon the applicant by or under this Act in respect of the application; or
(b)the Minister considers that it is not in the public interest for the mining lease to be granted.

267A Striking out objections

(1)This section applies to the extent an objection lodged under section 260 is—
(a)outside the jurisdiction of the Land Court; or
(b)frivolous or vexatious; or
(c)otherwise an abuse of the process of the Land Court.
(2)Despite sections 265 and 268, the Land Court may, at any stage of the hearing, strike out all or part of the objection.

268Hearing of application for grant of mining lease

(1)On the date fixed for the hearing of the application for the grant of the mining lease and objections thereto, the Land Court shall hear the application and objections thereto and all other matters that pursuant to this part are to be heard, considered or determined by the Land Court in respect of that application at the one hearing of the Land Court.
(2)At a hearing pursuant to subsection (1) the Land Court shall take such evidence, shall hear such persons and inform itself in such manner as it considers appropriate in order to determine the relative merits of the application, objections and other matters and shall not be bound by any rule or practice as to evidence.
(3)The Land Court shall not entertain an objection to an application or any ground thereof or any evidence in relation to any ground if the objection or ground is not contained in an objection that has been duly lodged in respect of the application.
(4)The Land Court may direct an inspection or view of the land the subject of the application.
(5)Nothing in subsection (1) shall prevent the adjournment from time to time of a hearing.
(6)Nothing in subsection (1) shall prevent the question of compensation being determined by the Land Court pursuant to section 279.
(7)The Minister may require at any time the Land Court to advise the reasons why a hearing under this section has not been finalised.
(8)The Land Court on the application of an objector or owner may award costs against an applicant for a mining lease who abandons the application or does not pursue the application at a hearing.
(9)The Land Court on the application of an applicant for a mining lease may award costs against an objector who withdraws the objection or does not pursue the objection at a hearing.
(10)In this section—
application includes any additional document about the application given by the applicant to the chief executive.

269Land Court’s recommendation on hearing

(1)Upon the hearing by the Land Court under this part of all matters in respect of an application for the grant of a mining lease, the Land Court shall forward to the Minister—
(a)any objections lodged in relation thereto; and
(b)the Land Court’s recommendation.

Note—

For other relevant provisions about forwarding documents, see section 386O.
(2)For subsection (1)(b), the Land Court’s recommendation must consist of—
(a)a recommendation to the Minister that the application be granted or rejected in whole or in part; and
(b)if the application relates to land that is the surface of a reserve and the owner of the reserve has not consented to the grant of a mining lease over the surface area, the following—
(i)a recommendation to the Minister as to whether the Governor in Council should consent to the grant over the surface area;
(ii)any conditions to which the mining lease should be subject.
(3)A recommendation may include a recommendation that the mining lease be granted subject to such conditions as the Land Court considers appropriate, including a condition that mining shall not be carried on above a specified depth below specified surface area of the land.
(4)The Land Court, when making a recommendation to the Minister that an application for a mining lease be granted in whole or in part, shall take into account and consider whether—
(a)the provisions of this Act have been complied with; and
(b)the area of land applied for is mineralised or the other purposes for which the lease is sought are appropriate; and
(c)if the land applied for is mineralised, there will be an acceptable level of development and utilisation of the mineral resources within the area applied for; and
(d)the land and the surface area of the land in respect of which the mining lease is sought is of an appropriate size and shape in relation to—
(i)the matters mentioned in paragraphs (b) and (c); and
(ii)the type and location of the activities proposed to be carried out under the lease and their likely impact on the surface of the land; and
(e)the term sought is appropriate; and
(f)the applicant has the necessary financial and technical capabilities to carry on mining operations under the proposed mining lease; and
(g)the past performance of the applicant has been satisfactory; and
(h)any disadvantage may result to the rights of—
(i)holders of existing exploration permits or mineral development licences; or
(ii)existing applicants for exploration permits or mineral development licences; and
(i)the operations to be carried on under the authority of the proposed mining lease will conform with sound land use management; and
(j)there will be any adverse environmental impact caused by those operations and, if so, the extent thereof; and
(k)the public right and interest will be prejudiced; and
(l)any good reason has been shown for a refusal to grant the mining lease; and
(m)taking into consideration the current and prospective uses of that land, the proposed mining operation is an appropriate land use.
(5)Where the Land Court recommends to the Minister that an application for the grant of a mining lease be rejected in whole or in part the Land Court shall furnish the Minister with the Land Court’s reasons for that recommendation.
(6)If—
(a)the application is for the grant of a coal mining lease; and
(b)under section 318BA, a preference decision is required;

the Land Court can not recommend that the lease not be granted so as to give preference to petroleum development.

271Criteria for deciding mining lease application

In considering an application for the grant of a mining lease, the Minister must consider—
(a)any Land Court recommendation for the application; and
(b)the matters mentioned in section 269(4).

271ADeciding mining lease application

(1)The Minister may, after considering the criteria under section 271 for a mining lease application, decide to—
(a)grant the applicant a mining lease for the whole or part of the land in the proposed lease area; or
(b)reject the application; or
(c)refer the matter to the Land Court to conduct a hearing or further hearing on the application generally or on specific matters raised by the Minister.
(2)However, a mining lease may only be granted for land that is the surface of a reserve if—
(a)the owner of the land has given written consent to the grant over the surface area and the applicant has lodged the consent with the chief executive; or
(b)the Governor in Council has consented to the grant over the surface area.

Note—

If the application relates to acquired land, see also section 10AAC.
(3)Also, a mining lease may only be granted for land below the surface of the whole or part of a reserve that is rail corridor land if—
(a)the owner of the land has given written consent to the grant for the land below the surface and the applicant has lodged the consent with the chief executive; or
(b)the Governor in Council has consented to the grant for the land below the surface.
(4)If a mining lease is granted for only part of the land, the application is taken to have been rejected for the rest of the land.

271BSteps to be taken after application decided

(1)This section applies if a mining lease is rejected in whole or in part or the Minister refers the matter to the Land Court (the referral).
(2)The Minister must, as soon as practicable, give the applicant a written notice stating the rejection or the referral and the reasons for it.

272Minister may remit to Land Court for additional evidence

(1)This section applies if the Minister, under section 271A(1)(c), refers the matter to the Land Court.
(2)The Land Court must fix a date for the hearing and immediately give written notice of the date to each of the following—
(a)the chief executive;
(b)the applicant;
(c)each person who has lodged an objection to the application in accordance with section 260.
(3)The date must be at least 20 business days after the day the Land Court fixes the date.

273Restriction on grant of mining lease that does not include surface of land

A mining lease over land shall not be granted unless—
(a)it includes such an area of the surface of that land; or
(b)where it does not include an area of the surface of that land, the applicant is the holder of such an adjoining mining lease;

as will enable the holder to carry out the purposes for which the firstmentioned mining lease is granted.

275Application for inclusion of surface of area of mining lease

(1)Notwithstanding section 232, the holder of a mining lease that does not include any part of the surface of the area of that mining lease or that includes a part only of the surface of the area of that mining lease may at any time apply for an additional part of the surface of that area to be included in the mining lease.
(2)An application made under this section must be made and dealt with in the same way as if it were an application for a mining lease made under this part and, for that purpose, the mining lease notice must state, as the number of the proposed mining lease, the number of the existing lease together with the words ‘addition of surface area’.
(3)If the application is granted—
(a)the mining lease must be amended to give effect to the approval and the conditions stated in it; and
(b)the chief executive must record in the register the details of the approval.

275A Application for surface of restricted land to be included in mining lease

(1)The holder of a mining lease may, at any time during the term of the mining lease, lodge an application with the chief executive for the Minister’s approval for the surface of restricted land for the mining lease to be included in the mining lease.
(2)The Minister may grant an application to include the surface of restricted land for the mining lease in the mining lease only if—
(a)each relevant owner of the restricted land has given written consent to the application; and
(b)the applicant has lodged each consent with the chief executive; and
(c)there is an agreement about compensation, or a decision of the Land Court on compensation, with each relevant owner of the restricted land (other than an owner who is the applicant) for the inclusion of the surface of the land in the mining lease.
(3)An application under subsection (1) must be accompanied by the fee prescribed by regulation.
(4)A relevant owner of restricted land can not withdraw a consent under subsection (2)(a) once it has been lodged with the chief executive.
(5)If the application is granted—
(a)the mining lease must be amended to give effect to the approval and the conditions stated in it; and
(b)the chief executive must record in the register details about the approval.
(6)To remove any doubt, it is declared that an application under this section to include the surface of restricted land for a mining lease in the mining lease is not an application for the grant of a mining lease under section 245.

276General conditions of mining lease

(1)Each mining lease shall be subject to—
(a)a condition that the holder shall use the area of the mining lease bona fide for the purpose for which the mining lease was granted and in accordance with this Act and the conditions of the mining lease and for no other purpose; and
(b)if the holder uses land outside the boundary of the area of the mining lease for access to the area of the mining lease, a condition that the holder may use the land only for the following purposes—
(i)to transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mining lease;
(ii)to transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder;
(iii)to construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii); and
(c)a condition that the holder must carry out improvement restoration for the mining lease; and
(d)a condition that the holder, prior to the termination of the mining lease for whatever cause, shall remove any building or structure purported to be erected under the authority of the mining lease and all mining equipment and plant, on or in the area of the mining lease unless otherwise approved by the Minister; and
(e)a condition that without the prior approval of the Minister the holder shall not obstruct or interfere with any right of access had by any person in respect of the area of the mining lease; and
(f)a condition that the holder shall furnish as required under this Act all prescribed reports, returns, documents and statements whatever; and
(g)a condition that the holder give materials obtained under the holder’s mining operations to the Minister at the times, in the way and in quantities the Minister reasonably requires by written notice to the holder; and
(h)where the mining lease is in respect of land that is a reserve, a condition that the holder shall comply with the terms and conditions upon which the consent of the owner or the Governor in Council to the grant of the mining lease was given; and
(i)if the area of the mining lease has not been surveyed and a physical monument is used to define the area’s boundary—a condition that the holder must maintain the monument; and
(j)a condition that the holder shall make all payments of compensation and comply with all terms of any agreement or determination relating to compensation at the time or times as agreed or determined pursuant to section 279, 280, 281 or 282; and
(k)a condition that the holder—
(i)shall pay the rental as prescribed; and
(ii)shall pay the royalty as prescribed; and
(iii)shall pay all local government rates and charges lawfully chargeable against the holder in respect of the area of the mining lease; and
(iv)shall deposit as required by the Minister any security from time to time under this Act; and
(l)a condition that the holder shall comply with this Act and other mining legislation; and
(m)such other conditions as are prescribed; and
(n)such other conditions as the Minister determines.
(1A)Without limiting subsection (1), the Minister may determine a condition of a mining lease if the Minister considers the condition is in the public interest.
(2)The Minister may grant a mining lease without the imposition of the conditions specified in subsection (1)(c) and (h).
(3)A mining lease may be subject to a condition that mining operations under the mining lease shall commence within a specified period after its grant or as otherwise approved in writing by the Minister.
(4)Conditions may be imposed in respect of a mining lease that require compliance with specified codes or industry agreements.
(5)Despite subsections (1) to (4), a condition must not be determined, imposed or prescribed if it is the same, or substantially the same, or inconsistent with, a relevant environmental condition for the mining lease.
(7)A mining lease granted after the commencement of the Mineral Resources Amendment Act 1998 is subject to a condition that the holder comply with the At Risk agreement.

276BOther agreement conditions

(1)This section applies if—
(a)a registered indigenous land use agreement under the Commonwealth Native Title Act, or an agreement mentioned in section 31(1)(b) of the Commonwealth Native Title Act, provides for the grant, renewal or variation of, or another act concerning, a mining lease; and
(b)the State is a party to the agreement; and
(c)the agreement includes a requirement that, if the act is done, the mining lease must be subject to conditions stated in the agreement (the stated conditions); and
(d)the act is done.
(2)The mining lease is subject to the stated conditions.

277Provision of security

(1)The holder of a mining lease must deposit security for the lease to ensure the holder—
(a)complies with the conditions of the lease; and
(b)complies with this Act; and
(c)rectifies actual damage that may be caused by activities under the lease to pre-existing improvements for the lease; and
(d)pays amounts (other than penalties) payable under this Act to the State.
(2)The Minister must fix the amount of security to be deposited under subsection (1).
(3)Despite subsection (2), the Minister may, at any time and in the Minister’s absolute discretion, decide that the holder must deposit extra security.
(4)Before the holder of a mining lease starts operations under the lease, the holder must deposit the amount fixed under subsection (2) or, with the Minister’s approval, security of a kind mentioned in subsection (9) for the amount.
(5)The Minister, if satisfied that any condition of the mining lease or any provision of this Act has not been complied with or that damage referred to in subsection (1)(c) has been caused by any person purporting to act under the authority of the mining lease or who enters land upon the instruction of the holder, the Minister may require that person to take all action necessary to rectify that noncompliance or damage and, save where the person was not the holder and was not upon the land with the holder’s approval at the time the damage was caused, may utilise for that purpose the whole or part of the amount of the security deposited in respect of that mining lease.
(6)If the amount of the security deposited by the holder of a mining lease is not earlier reviewed pursuant to subsection (7), the Minister shall review that amount at the expiration of 5 years from the grant of the mining lease or from the previous review.
(7)On the use under this section of any part of the security deposited in respect of a mining lease, the Minister may review the amount of the security deposited by the holder in respect of that mining lease.
(8)If, upon that review, the Minister considers that a further amount of security should be deposited in respect of that mining lease, the Minister shall require the holder of the mining lease, within the time specified by the Minister to deposit a further specified security.
(9)The Minister may accept a bond or a guarantee or indemnity by, or other financial arrangement with, a financial institution, insurance company or another credit provider approved by the Minister or other form of security acceptable to the Minister as the whole or part of the security to be deposited under this section.
(10)It shall be a condition of a mining lease that the holder shall deposit security or further security from time to time in accordance with a requirement made as provided by this section.
(11)Where a mining lease has expired or been terminated, the Minister shall, subject to subsection (13), refund to the holder of the mining lease (or as the holder in writing directs) any security deposited and not utilised as provided by subsection (5) less any amounts determined by the Minister to be retained towards—
(a)rectification of any matters caused by the noncompliance with any of the conditions of the mining lease or with any order or direction made or given by the Minister under this Act and directed to the holder; and
(b)amounts (other than penalties) the holder owes to the State under this Act (whether before or after the termination); and
(c)rates and charges (including interest on unpaid rates and charges) owing to a local government by the former holder for the mining lease.
(12)For matters mentioned in subsection (11), security must be applied to each of the matters in turn.
(13)If the Minister accepts a bond, guarantee or indemnity by, or another financial arrangement with, a financial institution, insurance company or other credit provider as security under this section, any amount payable to the holder under subsection (11) must be refunded to the financial institution, insurance company or credit provider and not to the holder of the mining lease to which the security relates.

278Utilisation of security deposit towards subsequent mining lease

If the holder of a mining lease or an expired mining lease makes application for a further mining lease, the Minister may, instead of refunding the whole or part of the security deposited in respect of the existing or expired mining lease, retain that security or part thereof (together with any further security fixed by the Minister) as the security (in which case it shall be taken to be or to be part of the security) deposited by the applicant in respect of the further mining lease.

278ALand Court’s jurisdiction for At Risk agreement

(1)The Land Court has jurisdiction to hear and decide a proceeding about the following matters under a condition of a mining lease requiring compliance with the At Risk agreement—
(a)whether hardship, as defined under the agreement, exists;
(b)the fair market value of a property for the purposes of the agreement.
(2)In a proceeding under subsection (1)(a), the Land Court must consider—
(a)all relevant matters put before the committee in any mediation under the agreement; and
(b)the final recommendation made by the committee in the mediation.
(3)In a proceeding, a copy of the agreement as at a particular date, certified as a true copy by the chief executive, is admissible as evidence of the agreement at that date until the contrary is proved.
(4)Despite the Limitation of Actions Act 1974, a proceeding must start—
(a)for a matter that arose before the commencement of this section—within 1 year after the commencement; or
(b)for a matter that arose after the commencement of this section—within 1 year after the committee gives notice of its final recommendation about whether hardship, as defined under the agreement, exists.
(5)In this section—
committee means the committee mentioned in the At Risk agreement.

279Compensation generally

(1)A mining lease shall not be granted or renewed, and an application under section 275A must not be granted for the surface of restricted land to be included in a mining lease, unless—
(a)compensation has been determined (whether by agreement or by determination of the Land Court) between the applicant and each person who is the owner of land the surface of which is the subject of the application and of any surface access to the mining lease land; or
(b)there is no person (other than the applicant) who is the owner of any of the land referred to in paragraph (a);

and the conditions of the agreement or determination have been or are being complied with by the applicant.

(2)For the purposes of subsection (1)(a) where the Land Court makes a determination of an amount of compensation, that compensation is not determined until—
(a)where no appeal against that determination is lodged within the period prescribed therefor—upon the expiration of that period; or
(b)where an appeal is duly lodged against that determination—upon the determination of the appeal.
(3)An agreement made pursuant to subsection (1)(a) shall not be effective unless and until—
(a)it is in writing signed by or on behalf of the parties; and
(b)it is filed.

279A Minister may refuse to grant mining lease if compensation not determined

(1)This section applies if—
(a)a person makes an application for the grant of a mining lease; and
(b)compensation in relation to the mining lease has not been determined by agreement between the applicant and each owner of land, or by determination of the Land Court, as mentioned in section 279(1)(a); and
(c)an application under section 281 has not been made to the Land Court for a determination of the amount of compensation in relation to the mining lease; and
(d)3 months have elapsed since—
(i)if no objection was lodged in relation to the application for the grant of the mining lease—the last objection day for the application; or
(ii)if, under section 265(10), the Land Court remitted a matter relating to the mining lease to the chief executive—the day the Land Court remitted the matter; or
(iii)if, under section 269, the Land Court made a recommendation about the grant of the mining lease—the day the Land Court made the recommendation; or
(iv)if the Governor in Council consented to the grant of the mining lease for land relating to a reserve—the day the Governor in Council consented to the grant.
(2)The Minister may refuse to grant the mining lease.
(3)This section does not limit any other power to refuse to grant a mining lease.

279ADeciding whether to grant mining lease if compensation not determined

(1)Subsection (2) applies if, in relation to an application for the grant of a mining lease, compensation has not been determined as mentioned in section 279(1)(a) and an application has not been made to the Land Court under section 281 by—
(a)if the land or a part of land the subject of the application is a reserve and the Governor in Council consents to the grant in respect of that land—the day that is 3 months after the day the consent is given; or
(b)if paragraph (a) does not apply and no objection to the application is lodged—the day that is 3 months after the last objection day for the application; or
(c)otherwise—the day that is 3 months after the day the Land Court makes a recommendation about the grant of the mining lease.
(2)The Minister may refuse to grant the mining lease.

280Compensation for owner of land where surface area not included

(1)An owner of land the subject of a mining lease where no part of the surface area of that land is included in the lease may agree with the holder of the mining lease as to compensation for any damage caused to the surface of the land.
(2)An agreement made pursuant to subsection (1) shall not be effective unless and until—
(a)it is in writing signed by or on behalf of the parties; and
(b)it is filed.

281Determination of compensation by Land Court

(1)At any time before an agreement is made under section 279 or 280, a person who could be a party to the agreement may apply in writing to the Land Court to have the Land Court determine the amount of compensation.
(2)The Land Court is hereby authorised to hear and determine matters referred to in subsection (1).
(3)Upon an application made under subsection (1), the Land Court shall settle the amount of compensation an owner of land is entitled to as compensation for—
(a)in the case of compensation referred to in section 279
(i)deprivation of possession of the surface of land of the owner;
(ii)diminution of the value of the land of the owner or any improvements thereon;
(iii)diminution of the use made or which may be made of the land of the owner or any improvements thereon;
(iv)severance of any part of the land from other parts thereof or from other land of the owner;
(v)any surface rights of access;
(vi)all loss or expense that arises;

as a consequence of the grant or renewal of the mining lease; and

(b)in the case of compensation referred to in section 280
(i)diminution of the value of the land of the owner or any improvements thereon;
(ii)diminution of the use made or which may be made of the land of the owner or any improvements thereon;
(iii)all loss or expense that arises;

as a consequence of the grant or renewal of the mining lease.

(4)In assessing the amount of compensation payable under subsection (3)—
(a)where it is necessary for the owner of land to obtain replacement land of a similar productivity, nature and area or resettle himself or herself or relocate his or her livestock and other chattels on other parts of his or her land or on the replacement land, all reasonable costs incurred or likely to be incurred by the owner in obtaining replacement land, the owner’s resettlement and the relocation of the owner’s livestock or other chattels as at the date of the assessment shall be considered;
(b)no allowance shall be made for any minerals that are or may be on or under the surface of the land concerned;
(c)if the owner of land proves that the status and use currently being made (prior to the application for the grant of the mining lease) of certain land is such that a premium should be applied—an appropriate amount of compensation may be determined;
(d)loss that arises may include loss of profits to the owner calculated by comparison of the usage being made of land prior to the lodgement of the relevant application for the grant of a mining lease and the usage that could be made of that land after the grant;
(e)an additional amount shall be determined to reflect the compulsory nature of action taken under this part which amount, together with any amount determined pursuant to paragraph (c), shall be not less than 10% of the aggregate amount determined under subsection (3).
(5)In any case the Land Court may determine the amounts and the terms, conditions and times when payments aggregating the total compensation payable shall be payable.
(6)An amount of compensation decided by agreement between the parties, or by the Land Court, is binding on the parties and the parties’ personal representatives, successors and assigns.
(7)The Land Court shall give written notice of its determination to all parties and may make such order as to costs between the parties to the determination as it thinks fit.

282Appeal against Land Court’s determination upon compensation

(1)A party aggrieved by a determination of the Land Court made under section 281 may, within 20 business days of the date of that determination or within such further period as the Land Appeal Court, on the application of that party in that behalf prior to the lodgement of the appeal, considers appropriate in any particular circumstances, appeal against the determination to the Land Appeal Court.
(2)The appeal shall be instituted by, within the time and in the manner prescribed—
(a)lodging in the Land Court, written notice of appeal which shall include the grounds of appeal; and
(b)serving copies of the notice of appeal on the chief executive and each other party.
(3)The Land Appeal Court shall have jurisdiction to hear and determine an appeal under this section.
(4)In deciding an appeal, the Land Appeal Court must consider the things relevant to the appeal that the Land Court was required to consider when making the decision appealed against.
(5)Upon hearing an appeal under subsection (1) the Land Appeal Court may—
(a)vary the determination of the Land Court in such way as it thinks just; or
(b)disallow the appeal and confirm the determination of the Land Court;

and may make such order as to costs of the appeal as it thinks fit.

(6)The Land Appeal Court shall not admit further evidence upon an appeal from a determination of the Land Court under subsection (1) unless—
(a)it is satisfied that admission of the evidence is necessary to avoid grave injustice and there is sufficient reason that the evidence was not previously adduced; or
(b)the appellant and respondent agree to its admission.
(7)The determination of the Land Appeal Court on appeal shall be final and conclusive.

282ASecurity for costs of appeal

(1)This section applies when an appeal under section 282 is lodged.
(2)A further step can not be taken in the appeal until security for the costs of the appeal has been lodged under this section.
(3)The registrar of the Land Court must, within 10 business days, decide the form and amount of the security.
(4)The registrar must give the appellant written notice of the decision as soon as practicable after making it.
(5)The appellant must lodge the security in the decided form and amount within 15 business days after the giving of the notice.
(6)If the appellant does not comply with subsection (5), the appeal lapses.

283Public trustee may act in certain circumstances

(1)If there is doubt as to the identity of the owner of land or the owner of land can not be found, the Land Court may determine that the public trustee shall represent the owner for the purpose of any negotiation or proceeding under section 279, 280, 281 or 282.
(2)Any action taken or thing done or omitted to be done by the public trustee as representative of the owner of land pursuant to subsection (1) shall be taken for all purposes to be taken, done or omitted by that owner.
(3)Where, pursuant to subsection (1) the public trustee represents an owner of land, for the purposes of this part any moneys paid to the public trustee under any agreement or determination made under section 279, 280, 281 or 282 shall be deemed to have been paid to the owner.

283AAgreement to amend compensation

(1)This section applies if—
(a)compensation (the original compensation) has been agreed under section 279 or 280 for a mining lease; or
(b)compensation (also the original compensation) has been determined under section 281 or 282 for a mining lease and there has, since the determination, been a material change in circumstances for the lease.

Example of a material change in circumstances—

a different mining method that changes the impact of mining operations under the lease
(2)The mining lease holder and each owner in relation to the lease mentioned in section 279(1)(a) or 280(1) may, by signed writing, agree to amend the original compensation (the amendment agreement).
(3)However, the amendment agreement does not take effect until it is filed with the registrar.
(4)After the amendment agreement takes effect, the original compensation, as amended by the agreement, is for this Act, other than this section, taken to be the original compensation.

283BReview of compensation by Land Court

(1)This section applies if—
(a)compensation has been agreed under section 279 or 280 or determined under section 281 or 282 for a mining lease (the original compensation); and
(b)there has, since the agreement or determination, been a material change in circumstances for the mining lease.

Example of a material change in circumstances—

a different mining method that changes the impact of mining operations under the lease
(2)The mining lease holder or any owner in relation to the mining lease mentioned in section 279(1)(a) or 280(1) may apply to the Land Court for it to review the original compensation.
(3)Sections 281(3) to (7), 282 and 282A apply, with necessary changes, to the review as if it were an application under section 281(1).
(4)The Land Court may, after conducting the review, decide to confirm the original compensation or amend it in a way the Land Court considers appropriate.
(5)However, before making the decision, the Land Court must have regard to—
(a)the original compensation, other than any part of it that consists of an additional amount under section 281(4)(e); and
(b)whether the applicant has attempted to mediate or negotiate an amendment agreement for the original compensation; and
(c)any change in the matters mentioned in section 281(3) and (4) since the original compensation was agreed or determined.
(6)If the decision is to amend the original compensation, the original compensation, as amended under the decision, is for this Act, other than this section, taken to be the original compensation.

284Initial term of mining lease

(1)The initial term of a mining lease is the period approved by the Minister, unless the lease is sooner terminated.
(2)Despite subsection (1), the term of the mining lease must not be for a period longer than the period for which compensation has been agreed or determined under section 279, 281 or 282.
(3)The initial term of a mining lease commences on the first day of the month that next follows the day the mining lease is granted.
(4)From the grant of a mining lease to the commencement of the initial term thereof the holder shall have all the entitlements, powers, duties and functions that the holder has during the term of the lease except section 290 shall not apply.

285Mining lease may be specified it is not renewable

(1)Subsection (2) applies if the Minister is satisfied the land the subject of an application for grant or renewal of a mining lease is, or will be, required for some purpose other than mining.
(2)The Minister may grant the lease or renewal subject to a condition that the holder is not entitled to have the mining lease renewed or further renewed.
(3)If a mining lease is granted or renewed subject to a condition mentioned in subsection (2)—
(a)the Minister must give written notice of the reasons for the decision; and
(b)the chief executive must record in the register the details of the condition.

286Application for renewal of mining lease

(1)The holder of a mining lease, including a lease subject to a condition mentioned in section 285, may, within the renewal period, apply to the Minister for a renewal of the lease by lodging an application with the chief executive.
(2)The application must be—
(a)made in the approved form; and
(b)accompanied by the fee prescribed under a regulation; and
(c)accompanied by a statement about the following matters—
(i)the term for which the mining lease is to be renewed;
(ii)the reason for seeking the renewal;
(iii)if the lease was granted for a purpose mentioned in section 234(1)(a)—whether the area the subject of the application contains workable quantities of mineral or mineral bearing ore;
(iv)if the lease was granted for a purpose mentioned in section 234(1)(b)—the particular purpose for which the renewal is sought;
(v)if a mining program is proposed to be carried out under the renewed lease—the proposed mining program and its method of operation;
(vi)whether the operations to be carried on during the term of the renewed lease are an appropriate land use and will conform with sound land use management;
(vii)whether the land and surface area in relation to which the renewal is sought is of an appropriate size and shape for the activities proposed to be carried out under the renewed lease;
(viii)the financial and technical resources available to the applicant to carry on mining operations under the renewed lease;
(ix)in relation to the parcels of land the whole or part of which are the subject of the application—
(A)a description of the parcels of land; and
(B)the current use of the land; and
(C)the name and address of the owner of the land (the primary land) and the name and address of any other land which may be used to access the primary land.
(3)Within 5 business days after the application is made, the holder must—
(a)give a copy of the application and of any documents or information prescribed by regulation to the following persons (each an interested party)—
(i)each owner of land the subject of the mining lease;
(ii)each owner of land outside the boundary of the area of the mining lease the holder intends to use to access the area of the mining lease; and
(b)if, in relation to the grant or renewal of the mining lease, an agreement for compensation has been made with an interested party under section 279 or a determination of compensation for an interested party has been made under section 281—give a copy of the most recent agreement or determination to the interested party.
(4)For subsection (3), the application given to an interested party need not include—
(a)information that may disclose the holder’s financial and technical resources; or
(b)information that has a commercial or other value that would be, or could be expected to be, destroyed or diminished if the information were disclosed.
(5)In this section—
renewal period means the period that is—
(a)at least 6 months, or any shorter period allowed by the Minister in the particular case, before the current term of the lease expires; and
(b)not more than 1 year before the current term expires.

286ADecision on application

(1)The Minister may grant an application for the renewal of a mining lease if satisfied of each of the following—
(a)the holder has complied with—
(i)the terms of the lease; and
(ii)this Act in relation to the lease;
(b)the area of the lease—
(i)still contains workable quantities of mineral or mineral bearing ore; or
(ii)is otherwise required for purposes for which the lease was granted;
(c)the proposed term of the renewed lease is appropriate;
(d)having regard to the current and prospective uses of the area of the lease, the operations to be carried on during the renewed term of the lease—
(i)are an appropriate land use; and
(ii)will conform with sound land use management;
(e)the land and surface area for which the renewal is sought is of an appropriate size and shape in relation to the activities proposed to be carried out;
(f)the financial and technical resources available to the holder to carry on mining operations under the renewed lease are appropriate;
(g)the public interest will not be adversely affected by the renewal;
(h)for a lease subject to a condition mentioned in section 285—the lease should be renewed.

Note—

If the application relates to acquired land, see also section 10AAC.
(2)Subsection (3) applies if—
(a)the application relates to land that is the surface of a reserve; and
(b)the Governor in Council’s consent was given to the grant of the mining lease; and
(c)the owner of the reserve does not give written consent to the renewal.
(3)Despite subsection (1), the Minister can not grant the application if the Governor in Council has not consented to the renewal.
(4)The renewal may be granted for the further term, decided by the Minister, that is not longer than the period for which compensation has been agreed or determined under section 279, 281 or 282.
(5)The renewed lease is subject to—
(a)any conditions prescribed under a regulation; and
(b)any conditions decided by the Minister.
(6)Without limiting subsection (5), the Minister may decide a condition of the renewed lease if the Minister considers the condition is in the public interest.
(7)The Minister may refuse the application if the Minister—
(a)has served on the holder a notice in the approved form asking the holder to show cause, within the period stated in the notice, why the application should not be refused; and
(b)after considering the holder’s response, is satisfied the application should be refused.
(8)Without limiting subsection (7)(b), the Minister may refuse the renewal if the Minister considers the renewal is not in the public interest.
(9)Without limiting subsection (7)(b), the Minister may also refuse the renewal if—
(a)compensation is to be determined as mentioned in section 279(1)(a) for the renewal of the mining lease; and
(b)the compensation is not determined within 3 months after the current term of the lease would, apart from section 286C, end; and
(c)an application has not been made to the Land Court under section 281.
(10)As soon as practicable after deciding the application, the Minister must give the holder a written notice stating—
(a)the decision; and
(b)if the decision is to grant the renewal on conditions or refuse the renewal—the reasons for the decision.

286CContinuation of lease while application being dealt with

(1)Subsection (2) applies if—
(a)a properly made application for renewal of a mining lease is not withdrawn, refused or granted before the lease’s expiry day ends; and
(b)after the expiry day, the holder—
(i)continues to pay rental on the lease and other amounts required to be paid under this Act; and
(ii)otherwise complies with this Act and the lease conditions.
(2)The lease continues in force subject to the rights, entitlements and obligations in effect immediately before the end of the expiry day until the application is withdrawn, refused or granted.

286DWhen term of renewed lease starts

(1)If a mining lease is renewed before its expiry day ends, the term of the renewed lease starts on the day after the expiry day.
(2)If the lease is renewed after the expiry day, the term of the renewed lease is taken to have started on the day after the expiry day.

286EWhen new conditions of renewed lease start

(1)If a renewed mining lease is subject to conditions (the new conditions) different from, or not included in, the lease conditions applying immediately before its renewal, the new conditions apply from the later of the following—
(a)the start of the term of the renewed lease;
(b)the day the renewal is granted.
(2)However, if the lease is continued in force under section 286C, the holder must pay rental on the lease from the day after its expiry day at the rate that would have been payable, from time to time, if the renewed mining lease had been renewed on the day after the expiry day.
(3)Subsection (2) applies even though payment of rental may be a condition of the lease.

286FRenewal of lease must be in name of last recorded transferee

(1)This section applies if a transfer of a mining lease is registered under the Common Provisions Act—
(a)after the date on which an application for renewal of the lease is made; and
(b)before the application is disposed of by the Minister.
(2)Any renewal granted on the application must be in the name of the transferee under the last transfer registered before the grant of the renewal.

287Notice of rejection of renewal application

If the Minister decides to reject an application to renew a mining lease, the Minister must promptly give the applicant a written notice stating the decision and the reasons for it.

288Holder to notify owner of grant or renewal of mining lease

(1)The holder of a mining lease must notify each owner of land in the area of the lease of the grant or renewal of the lease.
(2)The notice must be given within 20 business days after the holder receives notice of the grant or renewal.
(3)If the lease is for a purpose mentioned in section 234(1)(b), the reference in subsection (1) to the owner of land includes the holder of an exploration permit, mineral development licence or mining lease over the land.

290Rental payable on mining lease

(1)Upon the grant of a mining lease rental shall first be payable thereon with respect to the period from the commencement of the term of the mining lease to 31 August of that year (the first rental period) and shall be paid within 20 business days (or such longer period as the Minister in the particular case approves) of the grant of the mining lease.
(2)The amount of the rental payable in respect of the first rental period shall be an amount that bears to the rental payable for a rental year prescribed pursuant to subsection (4) for the rental year in which the first rental period falls the same proportion that the number of whole calendar months of the first rental period bears to 12.
(3)In respect of each rental year or part thereof of the term of a mining lease (other than the first rental period) a full rental year’s rental shall be payable in advance not later than 31 August of the previous rental year.
(4)If the full rental payable for a rental year is paid in advance, the amount of the rental shall be the amount prescribed under a regulation for that rental year.
(5)If, for a particular rental year, rental is not paid in advance—
(a)the chief executive shall, prior to 30 September of that rental year, notify the holder of and any person holding a recorded interest in the mining lease that the rental has not been paid and of the amount of rental payable as prescribed by paragraph (b); and
(b)the amount of the full rental payable for the rental year shall be payable before 1 December of that rental year and shall be an amount equal to the amount prescribed under a regulation for that rental year plus an amount equal to 15% of that prescribed amount.
(6)Upon the renewal of a mining lease, no further rental shall be payable in respect of the period that, if the renewal was a grant of a mining lease, would be the first rental period, except where that period commences on 1 September.
(7)Except as provided in subsection (9), where in any rental year a mining lease is surrendered or terminated through effluxion of time and is not renewed there shall be refundable to the last holder of the mining lease an amount that bears to the amount of the rental that was paid in respect of that rental year the same proportion that the number of whole calendar months from—
(a)the date of surrender or termination; or
(b)the date of rejection of the application for renewal;

whichever is the later, to 31 August of that rental year bears to 12.

(8)Subsections (3) to (7) apply to a mining lease continued in force under section 286C, with all necessary changes and with any changes prescribed by regulation, in the same way as they would apply if the lease had been renewed on the last day of its term.
(9)No amount shall be refunded pursuant to subsection (7) where a mining lease is surrendered within its first rental period after its original grant.

290AApplication of GST to rents for certain mining leases

(1)This section applies to a lease, however called, that, under the repealed schedule to this Act, section 3, became a mining lease under this Act.

Editor’s note—

The repealed schedule to this Act was repealed by the Offshore Minerals Act 1998, section 446 and schedule 4, section 4.
(2)If any rent payable under the lease after 30 June 2005 is for a supply for which GST is payable, the rent payable is the total of—
(a)the rent that would have been payable if the rent were not for a supply for which GST is payable; and
(b)10% of the rent that would have been payable if the rent were not for a supply for which GST is payable.
(3)Subsection (2) applies despite the provisions of the mining lease.

294Variation of conditions of mining lease

(1)The conditions to which a mining lease is subject may be varied by the Minister if—
(a)the varied conditions are not inconsistent with this Act; and
(b)the holder of the mining lease gives the Minister written agreement.
(2)However, the Minister must not vary a condition of a mining lease if the condition as varied is the same or substantially the same as, or inconsistent with, a relevant environmental condition for the lease.
(3)Without limiting subsection (1), the Minister may refuse to vary a condition of a mining lease if the Minister considers the variation is not in the public interest.
(4)A mining lease that is duly varied pursuant to subsection (1) shall thereafter until again varied, be subject to its conditions as so varied.
(5)The chief executive must record in the register the details of every variation made under this section of the conditions of a mining lease.

295Variation of mining lease for accuracy etc.

(1)The Minister may vary a mining lease for all or any of the following reasons—
(a)the boundaries and area of the mining lease have been more accurately worked out and described by survey or another method approved by the Minister;
(b)the lease is contiguous to another mining lease and—
(i)the holders of the mining leases have agreed to exchange areas adjoining a part of a boundary common to both mining leases; and
(ii)the Minister has approved the exchange;
(c)new facts have arisen since the grant of the mining lease that satisfy the Minister that the variation should be made to more accurately reflect the holder’s entitlements under the lease.
(2)A variation of a mining lease pursuant to subsection (1) shall take effect from the time indicated in that variation.
(3)Notice of every variation of a mining lease pursuant to subsection (1) shall be given in writing by the Minister to the holder of the mining lease and to all persons holding an interest recorded as provided in this part in the mining lease.
(4)The chief executive shall cause suitable recordings to be made in the register that the mining lease has been varied.
(5)Where, prior to receiving a notice of variation pursuant to subsection (3) the holder of a mining lease has placed any improvements, machinery, plant or equipment on land which, by reason of the variation, has ceased to be part of the area of the mining lease, the holder may within 20 business days after receipt by the holder of that notice, apply to the Minister for permission to enter upon that land and to remove the improvements, machinery, plant or equipment or any part thereof.
(6)Upon application duly made to the Minister under subsection (5), the Minister shall grant permission to the applicant in respect thereof for such period and upon such conditions as the Minister thinks fit.
(7)The applicant, together with the applicant’s workers and persons delivering goods or substances or providing services ancillary to that purpose and vehicles and equipment, may enter upon land and remove improvements, machinery, plant or equipment or any part thereof in accordance with the permission granted pursuant to subsection (6).
(8)Where a mining lease has been varied pursuant to subsection (1), the holder thereof shall be deemed to hold indemnified the Crown, the Minister and all officers, servants and agents of the Crown and the Minister against all claims arising out of anything done pursuant to this Act or done on or in land which, by reason of that variation, has ceased to be part of the area of the mining lease.
(9)Where the boundaries and size of the area of a mining lease have been varied pursuant to subsection (1)(a)—
(a)the condition under section 276(1)(d) that applied before the variation shall continue to apply after that variation in respect of activities carried on before that variation; and
(b)the conditions (other than the condition referred to in paragraph (a)) that applied before the variation shall cease to apply after that variation in respect of activities carried on after that variation;

in respect of the land that has ceased to be part of the area of the mining lease.

(10)Where the boundaries and size of the area of a mining lease have been varied pursuant to subsection (1)(a), the conditions of the lease shall from that variation also apply in respect of land that becomes part of the area of the mining lease.
(11)Where an exchange of parts of land has been effected pursuant to subsection (1)(b), in respect of each mining lease—
(a)the conditions that applied before the exchange shall continue to apply in respect of the area of the mining lease after the exchange; and
(b)the conditions that applied before the exchange shall cease to apply in respect of the part of land that has ceased to be part of the area of the mining lease.
(12)Notwithstanding subsections (9) and (11), the provisions of sections 277 and 308 shall continue to apply after a variation of a mining lease pursuant to subsection (1) in respect of any acts done or omitted to be done before that variation.
(13)The Minister may direct and authorise the holder of a mining lease to enter upon land that has ceased to be part of the area of the mining lease to comply with any condition referred to in subsection (9) or (11).
(14)This section shall not be construed to abrogate or prejudice any right had by the Crown or a person, authority or body in respect of land which by reason of a variation pursuant to subsection (1) has ceased to be part of the area of a mining lease, from proceeding in any court of competent jurisdiction or independently of this Act to recover damages or to obtain any other remedy in respect of damage or injury suffered or loss incurred by reason of a person acting or purporting to act under the authority of that mining lease but any moneys paid under section 277 in respect of damage the subject of the proceedings shall be taken into account by that court in assessing the loss or damage.
(15)The person who was the holder of a mining lease that is varied pursuant to this section shall pay the prescribed royalty in respect of all mineral mined by the person or on the person’s behalf from land that ceases to be a part of the area of the mining lease as if it had been mined under the authority of that mining lease.

298Mining other minerals or use for other purposes

(1)The holder of a mining lease for the mining of minerals may lodge an application in writing with the chief executive for the Minister’s approval to mine specified minerals (other than coal seam gas), being minerals not specified in the mining lease, in respect of the whole or that part of the land specified in the mining lease that is not currently the subject of a mining lease or mineral development licence (or an application for a mining lease or mineral development licence) in respect of those specified minerals.

Note—

See also chapter 8, part 8, division 1.
(2)The application shall be accompanied by the prescribed application fee.
(3)The application and any other application for the grant of a mining lease for the same minerals must be considered and decided according to the day on which they are lodged.
(3A)If the applications were lodged on the same day—
(a)they take the priority the Minister decides, after considering the relative merits of each application; and
(b)the chief executive must give each applicant a written notice stating there is competition for priority between the applicant’s application and another application, or other applications, lodged on the same day as the day on which the applicant’s application was lodged.
(4)The holder of a mining lease granted for purposes (other than mining of minerals) may lodge an application in writing with the chief executive for the Minister’s approval for the addition of such purposes not specified in the mining lease (being not those of mining for minerals), which the Minister accepts are appropriate for the mining lease and are not inconsistent with this Act.
(5)The application shall be accompanied by the prescribed fee.
(6)The holder of a mining lease granted for the mining of minerals may apply in writing to the chief executive for the Minister’s approval for the addition of such purposes not specified in the mining lease as are not inconsistent with this Act.
(7)The application shall be accompanied by the prescribed fee.
(8)The Minister may approve or reject an application under this section.
(9)Without limiting subsection (8), the Minister may reject the application if the Minister considers the addition is not in the public interest.
(10)Upon the Minister approving an application under this section and compliance by the applicant with any requirements imposed by the Minister, the relevant mining lease shall be deemed to include the specified minerals or, as the case may be, the additional purposes.

Note—

See, however, the Environmental Protection Act, section 426 (Environmental authority required for particular environmentally relevant activities) and chapter 5, part 12, division 1 (Plan of operations for environmental authority relating to mining lease or petroleum lease)13.
(11)Without limiting subsection (12)(a), a condition may be imposed on the approval of the Minister if the Minister considers the condition is in the public interest.
(12)An approval of the Minister under this section may be subject to—
(a)conditions; and
(b)the requirement to deposit such security under section 277 as the Minister determines.
(13)The chief executive must record in the register the details of an approval given under this section.

299Consolidation of mining leases

(1)The holder of mining leases for the mining of minerals in respect of contiguous areas may lodge an application in writing with the chief executive for the grant of a mining lease consolidating those mining leases.
(2)The application shall be accompanied by the prescribed fee.
(3)If the chief executive is not satisfied the areas are adjoining, the holder may apply to the Land Court for an order declaring the areas to be adjoining areas for this section.
(4)The Minister may cancel the mining leases referred to in an application lodged pursuant to subsection (1) and grant the mining lease applied for, subject to such conditions as may be imposed by or under this Act.
(5)If, within the proposed area of the consolidated mining lease, there is an area not included in 1 of the leases to be consolidated, the Minister may include the area in the consolidated mining lease.
(6)A consolidated mining lease may be granted only if the Minister is satisfied arrangements for compensation, the deposit of security and the proposed conditions of the mining lease are adequate.
(7)Sections 232, 238, 245, 251 to 253, 260, 265, 266, 268, 269, 271 to 272 and 275 and such other provisions as the Minister approves do not apply in respect of an application for and grant of a mining lease under this section.
(8)The provisions of section 312(3) do not apply in respect of a mining lease terminated for the purposes of the grant of a mining lease under this section.
(9)Notwithstanding the provisions of section 277(11), the security that pursuant to that section would have been refunded to the holder of the cancelled mining leases or as the holder directs may, at the request of the applicant, be retained by the Minister towards security required under section 277(1) to be deposited by the holder of the new mining lease issued under subsection (4).

307Abandonment of application for the grant of a mining lease

(1)The applicant for a mining lease may, at any time before the grant of the mining lease, by notice in writing to the chief executive abandon the application in respect of the whole or part of the land applied for.
(2)The abandonment shall take effect on the day next following its receipt by the chief executive.
(3)The applicant for the grant of a mining lease who gives a notice referred to in subsection (1) to the chief executive shall forthwith serve a copy of that notice on—
(a)if the application has been referred to the Land Court under section 265—the Land Court; and
(b)all other persons on whom the applicant was required under this Act to give a copy of the mining lease notice for the application.
(4)Where an application for the grant of a mining lease is abandoned in respect of part only of the land applied for, the application shall be amended to show the area in respect of which the mining lease application is to remain in force in the same manner as is required for an original application and the amended application shall proceed in respect of that area in accordance with this part.

308Contravention by holder of mining lease

(1)If the Minister considers that the holder of a mining lease—
(a)has carried out activities that are not bona fide for the purposes for which the mining lease was granted; or
(b)has failed to pay the royalty or any other moneys payable thereunder (other than rental) or in respect thereof by the due date for payment; or
(c)has failed to comply with any condition that is to be observed and performed by the holder under or in respect of the mining lease, other than a condition with respect to matters referred to in subsection (2)(a) or (b);

the Minister may—

(d)cancel the mining lease; or
(e)impose on the holder a penalty not exceeding 1,500 penalty units.

(2)If the Minister considers that the holder of a mining lease—
(a)in any rental year has failed after notice given to the holder in accordance with section 290(5) to pay before 1 December of that rental year the amount of the rental payable under that section by that date in respect of that mining lease; or
(b)has failed to pay a penalty imposed on the holder pursuant to subsection (1)(e) within the time allowed for the payment by the Minister;

the Minister may cancel the mining lease.

(3)The Minister shall not act pursuant to subsection (1) until the Minister has, by notice in writing in the approved form served on the holder of the mining lease, called upon the holder to show cause within the time specified therein why the mining lease should not be cancelled or a penalty imposed and served a copy of the notice on every person who currently holds a recorded interest in respect of the mining lease at the person’s address last recorded by the chief executive and such cause has not been shown to the satisfaction of the Minister.
(4)When the Minister pursuant to this section cancels a mining lease the Minister shall notify the holder and every person who holds a recorded interest in respect of the mining lease accordingly stating the reason for the cancellation.
(5)The cancellation of a mining lease under this section shall take effect on the day next following the Minister’s determination to cancel the mining lease.

309Surrender of mining lease

(1)The holder of a mining lease may apply to surrender the mining lease or any part of the area of the mining lease at any time before the expiration of its term.
(2)The holder of a mining lease who desires to surrender a mining lease or any part of the area of the mining lease shall lodge with the chief executive—
(a)a notice of surrender in the approved form; and
(b)for the surrender of the whole of the area of the mining lease—
(i)a properly completed royalty return, unless it has already been lodged under section 320(4); and
(ii)either—
(A)the royalty payable to the State under section 320(3)(a), unless it has already been paid; or
(B)evidence that the royalty has been paid to another person entitled to the royalty under section 320(3)(b); and
(c)the fee prescribed under a regulation.
(4)The Minister may, by written notice, give the mining lease holder directions about carrying out improvement restoration for the mining lease.
(5)A purported surrender of a mining lease or of any part of the area of a mining lease shall not be effective unless—
(a)the holder has complied with this section; and
(b)the Minister consents to the surrender.
(6)However, the Minister may give the consent only if the Minister is satisfied—
(a)the holder has complied with the condition to carry out improvement restoration for the mining lease; and
(b)the relevant environmental authority has been cancelled or surrendered under the Environmental Protection Act.
(7)If part of the area of a mining lease is surrendered under this section—
(a)the chief executive must record in the register the details of the surrender; and
(b)the lease continues in force for the part of the area not surrendered.
(8)Upon a surrender of a mining lease, all adjustments between the holder and the Crown in respect of the payment of rental, fees and other moneys shall be at the discretion of the Minister.
(9)Where any moneys are specified pursuant to subsection (8) as a debt due to the Crown, the Minister may direct that the security deposited in accordance with section 277 may be utilised for payment thereof.
(10)Nothing in this section shall prevent the Crown from recovering moneys from a person specified in subsection (8) as liable to pay and unpaid (whether directly or through utilisation of the security deposit) by action in the Land Court.
(11)In a proceeding for the recovery of an amount owing to the State under this Act, a certificate signed by the chief executive stating the amount of the debt is evidence of the amount of the debt.
(12)Where, at the time when the holder of a mining lease purports to surrender the mining lease or a part of the area of the mining lease, the holder applies for a new mining claim or mining lease for the whole or part of the area of the current mining lease, the purported surrender shall take effect immediately prior to the grant of the new mining claim or mining lease.
(13)Nothing in section 232 shall prevent a holder of a mining lease, at the time the holder surrenders the mining lease or part of the area of the mining lease, from applying for the grant of a mining lease over the whole or part of the area of the surrendered mining lease and the grant of the mining lease applied for.
(14)A surrender of a mining lease (other than a surrender referred to in subsection (12)) shall take effect on the day next following its acceptance by the Minister.

310Minerals taken become property of holder of mining lease

All minerals lawfully mined under the authority of a mining lease cease to be the property of the Crown or person who had property therein and become the property of the holder of the mining lease subject however to the rights to royalty payments under this Act of the Crown or any other person.

311Royalties in respect of minerals taken under mining lease

The holder of a mining lease shall pay in respect of all minerals mined or purported to be mined under the authority of the mining lease, the royalty prescribed pursuant to chapter 11.

312Effect of termination of mining lease

(1)This section applies on the termination of a mining lease.
(2)However, this section does not apply to a mining lease if the termination is for granting a mining claim or a new mining lease over the area of the terminated lease to the holder of the terminated lease.
(3)The person who was the holder of the terminated mining lease immediately before its termination must immediately remove each post or other thing used to mark the land under this Act (other than a survey mark or anything else required under another Act not to be removed).
(4)On the termination of the mining lease, the ownership of all mineral and property on the land in the area of the terminated lease divests from the owner and vests in the State.
(5)However, subsection (4) applies to property only if it was brought on to the land under the terminated mining lease.

313Application for approval to remove mineral and property

(1)This section applies to mineral and property that vests in the State on the termination of a mining lease.
(2)Anyone who had an interest in the mineral or property immediately before its ownership vests in the State may apply in writing to the chief executive for the Minister’s permission to remove the mineral or property from the land.
(3)The application—
(a)must be made within 20 business days (or a longer period, of not more than 3 months, allowed by the Minister) after the mineral or property vests in the State; and
(b)may be made even though a subsequent grant of a mining claim, exploration permit, mineral development licence or mining lease is made over for the land.
(4)The Minister may approve or refuse to approve the application.
(5)However, the Minister must approve the application if the Minister is satisfied—
(a)the person was entitled to the mineral or property immediately before it vested in the State; and
(b)there is enough security to meet the costs for which it was deposited.

Note—

For the provision of security, see section 277.
(6)The approval may be given on conditions stated in it.
(7)If the application is approved, the person named in the approval may enter the land and remove the mineral or property (other than covers, fencing, casings, linings, timbering or other things securing the safety of the land) stated in the application before the time stated in the approval ends.
(8)Anything removed under subsection (7) divests from the State and vests in the person entitled to it immediately before the termination of the mining lease.
(9)However, mineral divests from the State and forms part of the land if it is not removed before the later of—
(a)the end of the time stated in an approval under this section; or
(b)3 months after the mining lease’s termination.

314Property remaining on former mining lease may be sold

(1)This section applies if the chief executive has not received an application, or has received an application that has not been granted, for approval to remove property from the site of a terminated mining lease within 3 months after the lease’s termination.
(2)The Minister may direct the chief executive to—
(a)sell the property by public auction or in another stated way; or
(b)if the property has no commercial value—dispose of or destroy it.
(3)Proceeds of a sale are to be applied in the following order towards—
(a)the reasonable expenses incurred in the sale;
(b)the cost of rectifying actual damage for which an amount of security deposited for the terminated mining lease could have been used, but was not used, or was inadequate;
(c)costs and expenses mentioned in the Environmental Protection Act, section 316C;
(c)any costs or expenses mentioned in the Environmental Protection Act, section 298 for a relevant environmental authority;
(d)amounts owing to the State under this Act by the former holder;
(e)any other amounts owing to the State under the Environmental Protection Act for a relevant environmental authority;
(f)rates and charges (including interest on unpaid rates and charges) owing to a local government by the former holder for the lease;
(g)amounts owing to a mortgagee under a mortgage registered under the Common Provisions Act over the lease.
(4)Any balance must be paid to the former holder.
(5)If the chief executive can not decide the identity of, or locate, a person entitled to the proceeds or part of the proceeds, the chief executive may pay the amount to the public trustee as unclaimed moneys.
(5A)A secured party can not enforce any security interest in the proceeds of sale against an entity to whom an amount is payable under subsection (3)(a) to (e).
(6)Compensation is not payable for a sale, disposal or destruction under this section.
(7)In this section—
PPS Act means the Personal Property Securities Act 2009 (Cwlth).
secured party has the meaning given by the PPS Act, section 10.
security interest has the meaning given by the PPS Act, section 12.

315 Activity report for mining lease

(1)A regulation may—
(a)require a holder or former holder of a mining lease to give the Minister a report (an activity report) about the activities carried out under the mining lease; and
(b)prescribe the following for the activity report—
(i)when the report is to be given;
(ii)the information to be contained in the report.
(2)The holder or former holder must give an activity report in compliance with the regulation.

Maximum penalty—150 penalty units.

315A Relinquishment report for mining lease

(1)This section applies in relation to a holder of a mining lease who, under a relinquishment condition, relinquishes part of the area of the lease.
(2)A regulation may—
(a)require the holder to give the Minister a report (a relinquishment report) about the relinquishment; and
(b)prescribe the following for the relinquishment report—
(i)when the report is to be given;
(ii)the information to be contained in the report;
(iii)the persons to whom a copy of the report is to be given.
(3)The holder must give a relinquishment report in compliance with the regulation.

Maximum penalty—150 penalty units.

315B Surrender report for mining lease

(1)This section applies in relation to a holder of a mining lease who applies, under section 309, to surrender the lease or a stated part or percentage of the area of the lease.
(2)A regulation may—
(a)require the holder to give the Minister a report (a surrender report) about the surrender; and
(b)prescribe the following for the surrender report—
(i)when the report is to be given;
(ii)the information to be contained in the report.
(3)The holder must give a surrender report in compliance with the regulation.

Maximum penalty—150 penalty units.

316Mining lease for transportation through land

(1)This section applies if a person who holds, or is an applicant for, a mining lease for a particular area—
(a)wants a mining lease over land that is not in the area of the person’s lease for the transportation of something through, over or under the land by a pipeline, aerial ropeway, conveyor apparatus, transmission line or similar method of transport, or road; and
(b)does not hold an exploration permit or mineral development licence for the land.
(2)The Minister may grant to a person a mining lease for the transportation of the thing through, over or under the land covered by the application for the lease if—
(a)the Minister is satisfied the proposed lease is for a purpose associated with or arising from activities performed, or to be performed, under the person’s mining lease; or
(b)before the person applied for the lease, the Governor in Council, under a regulation, declared the transportation of the thing through, over or under land that is not in the area of a mining lease by a pipeline, aerial ropeway, conveyor apparatus, transmission line or similar method of transport to be an activity associated with or arising from mining.
(3)An application for a mining lease under this section must be given to the chief executive.
(4)If land included in the application is in the area of an exploration permit or mineral development licence, the application does not have to be accompanied by the consent of the permit or licence holder, but the applicant must give written notice of the application to the permit or licence holder within 5 business days after lodging the application.
(6)This section does not apply for the transportation of incidental coal seam gas.

Note—

The person may apply for a pipeline licence under the Petroleum and Gas (Production and Safety) Act, chapter 4, part 2.

317Variation of access to mining lease area

(1)The holder of a mining lease may apply to the chief executive in the approved form for a variation of the land used or proposed to be used as access in relation to the area of the mining lease.
(2)An application for a variation of the land used or to be used as access under this section shall be accompanied by—
(a)such particulars as are, by section 245, required to accompany an application for the grant of a mining lease in so far as those particulars relate to the land used or proposed to be used as access in relation to surface area of the land the subject of the mining lease; and
(b)the prescribed application fee.
(3)Where, in respect of an application for a variation of the land used or proposed to be used as access under this section, the chief executive is not satisfied that the owner of the land proposed to be used as access consents to the use, the chief executive must refer the issue of consent to the Land Court for its consideration.
(4)The Land Court must fix a date for the hearing and immediately give written notice of the date to each of the following—
(a)the chief executive;
(b)the applicant;
(c)the land owner.
(4A)The date must be at least 20 business days after the day the Land Court fixes the hearing date.
(5)The Land Court shall hear and determine the matter by determining—
(a)that consent to the proposed variation should or should not be given; and
(b)if consent should be given—the amount (if any) of compensation payable by the holder in respect of the proposed use of that land as access.
(5A)Without limiting subsection (5), the Land Court may determine that consent to the proposed variation should not be given if the court considers the variation is not in the public interest.
(6)Subject to subsection (7), the provisions of section 281(3) to (7) apply in respect of a matter referred to the Land Court under this section as if the matter were an application referred to the Land Court under section 281(1).
(7)In determining compensation payable under subsection (5), allowance shall be made for compensation agreed or determined to be payable in respect of the current land used as access in respect of the mining lease.
(8)The determination of the Land Court of a matter under this section shall be final and conclusive.
(9)In respect of an application made under this section, upon—
(a)where the proposed access is over land of which there is an owner—
(i)lodgement with the chief executive of the consent in writing of the owner or owners of that land; or
(ii)where the Land Court determines that consent should be granted, whether with or without compensation, compliance with any terms and conditions imposed by the Land Court to be complied with before consent is given; and
(b)where the proposed access is over land of which there is no owner, the chief executive determining that the variation is, in the circumstances, appropriate;

the chief executive shall record the variation of that access in the register and advise the holder and the owner accordingly.

(9A)Without limiting subsection (9)(a)(ii), the Land Court may impose terms and conditions to be complied with before consent is given if the court considers the condition is in the public interest.
(10)An agreement made between a holder and an owner of land regarding compensation payable in respect of the proposed use of the land as access in respect of a mining lease as a result of a variation under this section shall not be effective unless and until—
(a)it is in writing signed by or on behalf of the parties; and
(b)it is filed.

318Improvement restoration for mining lease

(1)This section applies on the termination of a mining lease, other than—
(a)by surrender under section 309; or
(b)for the granting of a new mining lease over the area of the terminated mining lease.
(2)The Minister may, if not satisfied the holder of the terminated mining lease has not carried out improvement restoration for the mining lease, give the holder reasonable written directions about the restoration.
(3)The holder must comply with the directions.

Maximum penalty—2,000 penalty units.

(4)The holder and the holder’s employees or agents may, to the extent reasonable and necessary to comply with the directions—
(a)enter land stated in the notice; and
(b)bring on to the land vehicles, vessels, machinery and equipment.

Part 2 Mining lease for Aurukun project

318AAA Application of pts 1 and 2

(1)This part applies—
(a)only for the granting of, and in relation to, a mining lease for an Aurukun project; and
(b)only if the holder of the lease is a party to the relevant Aurukun agreement; and
(c)if the agreement has not been terminated.
(2)Part 1, except to the extent mentioned in subsection (3), also applies for the granting of, and in relation to, a mining lease for an Aurukun project.
(3)Sections 232, 233, 239, 245, 248 to 251, 266, 271A(1)(c), 271B, 272, 273, 275, 276, 280, 283, 284, 285 and 286A do not apply for the granting of, and in relation to, a mining lease for an Aurukun project.
(4)Also, a reference in a provision of part 1 to a provision that has been disapplied under subsection (3) is to be disregarded.
(5)To remove any doubt, it is declared that this part applies to the following—
(a)a mining lease under section 234 for a purpose mentioned in section 234(1)(a) or (b);
(b)a mining lease under section 316 for the transportation of a thing.

318AAB Only eligible person can apply for and hold mining lease (233)

(1)A person (an applicant) may apply for a mining lease under this part only if—
(a)the applicant is an eligible person; and
(b)the applicant holds a mineral development licence to all the land proposed to be the subject of the mining lease.
(2)A mining lease under this part can only be held by an eligible person.
(3)The application and grant of a lease may be made even if the land for an Aurukun project is part of a restricted area.

Note—

The numbers bracketed in the headings to this and other sections of this part are references to corresponding sections in part 1.
(4)Despite subsection (1), a mining lease granted under this part may be cancelled under section 318AAL even though the holder has ceased to be an eligible person.

318AAD Application for grant of mining lease (245)

An application for the grant of a mining lease must—
(a)be in the approved form; and
(b)describe all parcels of land the whole or part of which are the subject of the application and state the following for each parcel—
(i)the current use of the land;
(ii)whether the land is subject to erosion control works;
(iii)the names and addresses of the owners of the parcel and any other land to be used to access the parcel; and
(c)identify, in the way prescribed by regulation, the boundaries of the land applied for; and
(d)identify, in the way prescribed by regulation, the boundaries of any surface area of land within the boundaries identified in paragraph (c) to be included in the mining lease and specify the purpose for which that area is to be used; and
(e)identify, in the way prescribed by regulation, the boundaries of any restricted land within the boundaries identified in paragraph (c); and
(f)give reasons why the mining lease should be granted in respect of the area and shape of the land described in the application; and
(g)describe and identify, in the way prescribed under a regulation, any land proposed to be used as access from a point outside the boundary of the land applied for acceptable to the chief executive to land over which the lease is sought; and
(h)be accompanied by a sketch, map or other graphic representation acceptable to the chief executive setting out the boundaries of any land referred to in paragraphs (b), (d) and (g); and
(i)nominate the term of the lease sought and give reasons for the term; and
(j)be lodged; and
(k)be accompanied by—
(i)a statement, acceptable to the chief executive outlining the mining program proposed, outlining its method of operation, and providing an indication of when operations are expected to start or, if a mining program is not proposed, outlining the use proposed for the land and providing an indication of when the proposed use is to start; and
(ii)a statement, acceptable to the chief executive of proposals for infrastructure requirements necessary to enable the mining program to proceed, or additional activities to be carried on to work out the infrastructure requirements; and
(iii)the application fee prescribed under a regulation.

318AAE Limits on consideration and disclosure of Aurukun agreement in Land Court hearing

(1)This section applies—
(a)if the Land Court is hearing an application for a mining lease under section 268; and
(b)despite sections 268(2) and 318AAA and any rule of court or other law.
(2)In hearing the application, the Land Court may consider the Aurukun agreement for the Aurukun project the subject of the application, but only to the extent necessary to decide whether the applicant for the mining lease is an eligible person to make the application and to hold the mining lease.
(3)The Aurukun agreement is not required to be disclosed to any person in relation to the hearing.
(4)Subsection (3) applies even if the Land Court considers the Aurukun agreement under subsection (2).

318AAEA Steps to be taken after application decided (271B)

If a mining lease application is rejected in whole or in part, the Minister must, as soon as practicable, give the applicant written notice stating the rejection and the reasons for it.

318AAF Mining lease must include all surface of land (273)

A mining lease over land must not be granted unless it includes the whole of the surface of the land.

318AAH General conditions of mining lease (276)

(1)Each mining lease is subject to—
(a)a condition that the holder must use the area of the lease for the purpose for which the lease was granted and in accordance with this Act and the conditions of the lease and for no other purpose; and
(b)if the holder uses land outside the boundary of the area of the mining lease for access to the area of the mining lease, a condition that the holder may use the land only for the following purposes—
(i)to transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mining lease;
(ii)to transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder;
(iii)to construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii); and
(c)a condition that the holder must carry out improvement restoration for the lease; and
(d)a condition that the holder, before the end of the lease for whatever cause, must remove any building or structure purported to be erected under the authority of the lease and all mining equipment and plant, on or in the area of the lease unless otherwise approved by the Minister; and
(e)a condition that without the prior approval of the Minister the holder must not obstruct or interfere with any right of access had by any person in relation to the area of the lease; and
(f)a condition that the holder is not to transfer, mortgage or sublease the lease, or any part of it, unless the Minister is satisfied that any approval or consent required under the relevant Aurukun agreement has been given; and
(g)a condition that the holder give, in the way prescribed under a regulation, all reports, returns, documents and statements prescribed under a regulation; and
(h)a condition that the holder give materials obtained under the holder’s mining operations to the Minister at the times, in the way and in quantities the Minister reasonably requires by written notice to the holder; and
(i)if the lease is over land that is a reserve—a condition that the holder comply with the terms and conditions on which the consent of the owner or the Governor in Council to the grant of the lease was given; and
(j)if the area of the lease has not been surveyed and a physical monument is used to define the area’s boundary—a condition that the holder must maintain the monument;
(k)a condition that the holder make all payments of compensation and comply with all terms of any agreement or determination relating to compensation at the time or times agreed or determined under section 279, 281 or 282; and
(l)a condition that the holder—
(i)pay the rental prescribed under a regulation; and
(ii)pay the royalty prescribed under a regulation; and
(iii)pay all local government rates and charges lawfully chargeable against the holder for the area of the lease; and
(iv)deposit, as required by the Minister, any security from time to time under this Act; and
(m)a condition that the holder comply with this Act, other mining legislation and the At Risk agreement; and
(n)any other conditions stated in the relevant Aurukun agreement to be conditions of the lease; and
(o)any other conditions decided by the Minister.
(2)Without limiting subsection (1), the Minister may decide a condition of the mining lease if the Minister considers the condition is in the public interest.
(3)Each mining lease may be subject to a condition that mining operations under the lease commence within a stated period after its grant.
(4)Conditions requiring compliance with stated codes or industry agreements may be imposed for each mining lease.
(5)Despite subsections (1) to (4), a condition must not be imposed if it is the same, or substantially the same, or inconsistent with, a relevant environmental condition for the lease.

318AAI Initial term of mining lease (284)

(1)The initial term of a mining lease is for the period approved by the Minister, starting on the first day of the month next following the day on which the lease is granted.
(2)From the grant of the lease to the start of the initial term the holder has all the entitlements, powers, duties and functions that the holder has during the term of the lease.
(3)Despite subsection (2), no rent is payable for the period before the initial term starts.

318AAJ Renewal of lease (286A)

(1)This section applies—
(a)despite section 318AAA; and
(b)if the relevant Aurukun agreement has not been terminated before the application for the renewal of a mining lease is made.
(2)Section 286A, other than subsection (1)(h), applies to the renewal.

318AAK Requirements for transferring, mortgaging or subleasing mining leases

(1)Subsection (2) applies to restrict a transfer or mortgage of a mining lease in addition to any requirements under the Common Provisions Act.
(2)A mining lease, or an interest in a mining lease, can not be transferred, mortgaged or subleased unless the Minister is satisfied that any approval or consent required under the relevant Aurukun agreement for the transfer, mortgage or sublease has been given.

318AAL Contravention by holder of mining lease (308)

In addition to section 308, if the relevant Aurukun agreement has been terminated, the Minister may cancel the lease.

318AAM Limitation on surrender of mining lease (309)

(1)This section applies if the holder of a mining lease wishes to surrender the lease.
(2)Despite section 318AAA, section 309 does not apply unless the Minister is satisfied the holder has fully discharged its obligations under the relevant Aurukun agreement.

Chapter 7 Transfers affecting applications for mining leases

Part 1 Application transfers

Division 1 Preliminary

318AAN Application of pt 1

This part applies to the following transfers (each an application transfer)—
(a)a transfer of an application for a mining lease;
(b)a transfer of an interest in an application for a mining lease.

Division 2 Registration generally

318AAO Registration required for all application transfers

(1)An application transfer has no effect until it is registered.
(2)A registered application transfer takes effect on the day the transfer is approved under division 3.

318AAP Obtaining registration

(1)Registration of an application transfer is carried out by the chief executive.
(2)However, an application transfer must be approved by the Minister under division 3 before it can be registered.

318AAQ Effect of approval and registration

The registration of an application transfer, or an approval of an application transfer under division 3, allows the transfer to have effect according to its terms but does not of itself give the transfer any more effect or validity than it would otherwise have.

Division 3 Approval of application transfers

318AAR Indicative approval

(1)An applicant for a mining lease, or the holder of an interest in an application for a mining lease, may, before applying for an approval of an application transfer for the mining lease, apply—
(a)for an indication of whether the transfer is likely to be approved (an indicative approval); and
(b)if conditions are likely to be imposed on the giving of the approval—for an indication of what the conditions are likely to be.
(2)The application must be—
(a)made to the Minister; and
(b)in the approved form; and
(c)accompanied by—
(i)the information the Minister requires to make a decision; and
(ii)the fee prescribed by regulation.
(3)In deciding whether or not to give the indicative approval, the Minister must consider the matters mentioned in section 318AAT(2) as if the request were an application for approval of an application transfer.
(4)The Minister must decide whether or not to give the indicative approval and give the applicant notice of the decision.

318AAS Applying for approval of application transfer

(1)An applicant for a mining lease, or the holder of an interest in an application for a mining lease, may apply for approval of an application transfer for the application.
(2)The application must be made to the Minister in the approved form and be accompanied by—
(a)a written consent to the transfer by the proposed transferee; and
(b)a written consent to the transfer by each person, other than the transferor, who is an applicant for the application; and
(c)the fee prescribed by regulation.
(3)However, an application can not be made under this section if the proposed transferee is not an eligible person.

318AAT Deciding application

(1)The Minister must decide whether or not to give the approval of the application transfer for the application.
(2)In deciding whether or not to give the approval, the Minister must consider—
(a)the application for approval and any additional information accompanying the application; and
(b)whether the transferee has the human, technical and financial resources to comply with the conditions of a mining lease under section 276; and
(c)the public interest.
(3)However, subsection (2) does not apply if, under subsection (5) or (6), the approval is taken to have been given.
(4)The approval may be given only if the proposed transferee is—
(a)an eligible person; and
(b)a registered suitable operator under the Environmental Protection Act.
(5)The approval is taken to have been given if—
(a)under section 318AAR, an indicative approval has been given for the proposed transfer; and
(b)subsection (4) does not prevent the giving of the approval; and
(c)within 3 months after the giving of the indicative approval—
(i)an application for approval of the application transfer is made; and
(ii)if, under section 318AAR, an indication of likely conditions was given—the conditions are complied with.
(6)The approval is also taken to have been given if—
(a)subsection (5)(a) and (b) is satisfied; and
(b)before the expiration of 6 months after the giving of the indicative approval—
(i)the applicant gives the chief executive a statement that there has been no material change relevant to the matters for which the indicative approval was given; and
(ii)subsection (5)(c)(i) and (ii) is satisfied.
(7)Despite subsections (5) and (6), the approval of the application transfer is taken not to have been given if—
(a)the request for indicative approval contained incorrect material information or omitted material information; and
(b)had the Minister been aware of the discrepancy, the Minister would not have given the indicative approval.

318AAU Written notice about decision

(1)If the Minister decides to give the approval, the Minister must give the applicant for the approval written notice of the decision.
(2)If the Minister decides not to give the approval, the Minister must give the applicant for the approval written notice of the decision stating the following—
(a)the decision and the reasons for it;
(b)the rights of appeal under this Act;
(c)the period in which an appeal must be started;
(d)how rights of appeal are to be exercised;
(e)that a stay of a decision may be applied for under this Act.

Note—

For appeals against refusal to approve an application transfer, see part 4.

Part 4 Appeals about transfers

318AAZM Who may appeal

(1)A person whose interests are affected by any of the following decisions may appeal against the decision to the Land Court—
(a)a decision of the Minister to refuse to approve an application transfer under section 318AAT;
(b)a decision of the Minister to refuse to approve registration of a dealing, or to approve registration of a dealing with conditions, under the Common Provisions Act, section 19(3);
(c)a decision of the Minister to refuse to give an indicative approval, or to give the indicative approval with conditions, under the Common Provisions Act, section 23(3).
(2)For this section, a person who has been given or is entitled to be given a notice about the decision under section 318AAU is taken to be a person whose interests are affected by the decision.

318AAZN Period to appeal

(1)The appeal must be started within 20 business days after—
(a)if the person has been given a notice about the decision—the day the person is given the notice; or
(b)if paragraph (a) does not apply—the day the person otherwise becomes aware of the decision.
(2)However, the Land Court may at any time within the 20 business days extend the period for starting the appeal.

318AAZO Starting appeal

(1)The appeal is started by filing a written notice of appeal with the Land Court.
(2)The appellant must give the chief executive a copy of the notice.

318AAZP Stay of operation of decision

(1)The Land Court may grant a stay of the decision to secure the effectiveness of the appeal.
(2)A stay—
(a)may be given on the conditions the Land Court considers appropriate; and
(b)operates for the period fixed by the Land Court; and
(c)may be amended or cancelled by the Land Court.
(3)The period of a stay under this section must not extend past the time when the Land Court decides the appeal.
(4)The appeal affects the decision or carrying out of the decision only if it is stayed.

318AAZQ Hearing procedures

(1)In deciding an appeal, the Land Court—
(a)has the same powers as the Minister; and
(b)is not bound by the rules of evidence; and
(c)must comply with natural justice; and
(d)may hear the appeal in court or in chambers.
(2)An appeal is by way of rehearing unaffected by the decision.
(3)Subject to subsections (1) and (2), the procedure for the appeal is—
(a)in accordance with the rules for the Land Court; or
(b)in the absence of relevant rules, as directed by the Land Court.
(4)A power under an Act to make rules for the Land Court includes power to make rules for appeals under this part.

318AAZR Land Court’s powers on appeal

(1)In deciding an appeal under this part, the Land Court may—
(a)confirm the decision; or
(b)set aside the decision and substitute another decision; or
(c)set aside the decision and return the issue to the Minister with the directions the court considers appropriate.
(2)If the Land Court substitutes another decision, the substituted decision is for this Act, other than this part, taken to be the decision of the Minister.

Chapter 8 Provisions for coal seam gas

Part 1 Preliminary

Division 1 Introduction

318AB Relationship with chs 4–6 and the Common Provisions Act

(1)Requirements and restrictions under this chapter apply as well as any relevant requirements and restrictions under chapters 4 to 6 and the Common Provisions Act.
(2)If this chapter imposes a requirement for, or a restriction on, the granting, renewal, consolidation, transfer or subleasing of a coal or oil shale mining tenement, the mining tenement can not be granted, renewed, consolidated, transferred or subleased if the restriction applies or if the requirement has not been complied with.
(3)If this chapter imposes a requirement for, or a restriction on, the carrying out of an authorised activity for a coal or oil shale mining tenement, despite chapters 4 to 6 and the Common Provisions Act, the activity is not an authorised activity for the tenure while the restriction applies or if the requirement has not been complied with.
(4)If a provision of this chapter conflicts with a provision of chapters 4 to 6 or the Common Provisions Act, the provision of this chapter prevails to the extent of the inconsistency.

Division 2 Definitions for chapter 8

318AC What is coal seam gas and incidental coal seam gas

(1)Coal seam gas is a substance (in any state) occurring naturally in association with coal or oil shale, or with strata associated with coal or oil shale mining, if the substance is petroleum under the Petroleum and Gas (Production and Safety) Act.
(2)Incidental coal seam gas is defined in section 318CM(2).

318AD What is oil shale

Oil shale is shale or other rock (other than coal) from which a gasification or retorting product, as defined in the Petroleum and Gas (Production and Safety) Act, may be extracted or produced.

318AE What is a coal exploration tenement, a coal mining lease and a special coal mining lease

(1)A coal exploration tenement is an exploration permit or mineral development licence granted for coal.
(2)A coal mining lease is—
(a)a mining lease for coal; or
(b)a mining lease or special coal mining lease granted under any of the following Acts, an agreement provided for under any of the Acts or any amendment of an agreement provided for under any of the Acts—
(i)the Central Queensland Coal Associates Agreement Act 1968;
(ii)the Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Acts 1962 to 1965; or

Note—

For specific provisions dealing with mining leases mentioned in this paragraph, see subdivision 3.
(c)a specific purpose mining lease for a purpose associated with, arising from or promoting the activity of coal mining, whether or not it is also granted for a purpose other than coal mining.
(3)Subsections (1) and (2)(a) apply whether or not the permit, licence or lease is also granted for another mineral.
(4)However, for parts 1 to 7—
(a)a coal exploration tenement does not include an exploration permit or mineral development licence granted for coal to which the Common Provisions Act, chapter 4, applies; and
(b)a coal mining lease does not include a mining lease granted for coal to which the Common Provisions Act, chapter 4, applies.

318AF What is an oil shale exploration tenement and an oil shale mining lease

(1)An oil shale exploration tenement is an exploration permit or mineral development licence granted for oil shale.
(2)An oil shale mining lease is—
(a)a mining lease for oil shale; or
(b)a specific purpose mining lease for a purpose associated with, arising from or promoting the activity of oil shale mining, whether or not it is also granted for a purpose other than oil shale mining.
(3)Subsections (1) and (2)(a) apply whether or not the permit, licence or lease is also granted for another mineral.

318AG What is a coal or oil shale mining tenement

A coal or oil shale mining tenement is—
(a)a coal or oil shale exploration tenement; or
(b)a coal mining lease or an oil shale mining lease.

318AH What is a development plan and its plan period

(1)The development plan, for a coal mining lease or an oil shale mining lease, is its current initial or later development plan, as approved under part 9.
(2)For subsection (1), the development plan is current if the period to which the plan applies has started and has not ended.

Note—

See also sections 318DK and 318EE.
(3)The period to which a development plan applies is its plan period.

318AI Petroleum tenures

(1)A petroleum lease is a petroleum lease under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act.
(2)An authority to prospect is an authority to prospect under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act.
(3)A petroleum tenure is an authority to prospect or a petroleum lease.
(4)However, for parts 1 to 7—
(a)a petroleum lease does not include a petroleum lease under the Petroleum and Gas (Production and Safety) Act to which the Common Provisions Act, chapter 4, applies; and
(b)an authority to prospect does not include an authority to prospect under the Petroleum and Gas (Production and Safety) Act to which the Common Provisions Act, chapter 4, applies.

318AJ What is a coordination arrangement

A coordination arrangement is a coordination arrangement under the Petroleum and Gas (Production and Safety) Act.

318AK What is the public interest

The public interest is a consideration of each of the following—
(a)government policy;
(b)value of commodity production (including time value);
(c)employment creation;
(d)total return to the State and to Australia (including royalty and rent), assessed on both a direct and indirect basis, so that, for example, downstream value adding is included;
(e)social impacts;
(f)the overall economic benefit for the State, or a part of the State, in the short and long term.

Division 3 Relationship with particular special agreement Acts

318AL Application of ch 8 to grant of special coal mining lease under Central Queensland Coal Associates Agreement Act 1968

(1)This chapter applies to the granting of a special coal mining lease under the Central Queensland Coal Associates Agreement Act 1968 (the CQCA Act).
(2)If this chapter imposes a requirement for, or a restriction on, the granting of a special coal mining lease under the CQCA Act, the lease can not be granted if the restriction applies or if the requirement has not been met.
(3)For this section, the grant of a lease includes an addition to the land subject to an existing special coal mining lease granted under the special agreement Act.
(4)This section applies despite any provision of the CQCA Act.

318AM Chapter prevails over special agreement Acts

If a provision of this chapter conflicts with a provision of an Act or agreement mentioned in section 318AE(2)(b), the provision of this chapter prevails to the extent of the inconsistency.

318AN No compensation

(1)No amount, whether by way of compensation, reimbursement or otherwise is payable by the State to any person for or in connection with the enactment or operation of this division or section 318AE(2)(b).
(2)Subsection (1) applies despite any provision of a special agreement Act and despite any other Act or law.

Part 2 Obtaining coal or oil shale mining lease over land in area of authority to prospect (other than by or jointly with, or with the consent of, authority to prospect holder)

Division 1 Preliminary

318AO Application of pt 2

(1)This part applies if a person wishes to apply for a coal mining lease or an oil shale mining lease for all or part of the land in the area of an authority to prospect.
(2)However, this part does not apply if—
(a)the person is the authority to prospect holder; or
(b)the application is to be made jointly with the holder; or
(c)the application is made with the holder’s written consent; or
(d)the land is also in the area of a petroleum lease and the same person holds the authority to prospect and the petroleum lease.

Notes—

1For the circumstances mentioned in subsection (2)(a) to (c), see part 3.
2For the circumstance mentioned in subsection (2)(d), see part 6.

Division 2 Provisions for making coal or oil shale mining lease application

318AP Additional requirements for making application

(1)The application must include—
(a)a statement (a CSG statement) assessing—
(i)the likely effect of proposed coal mining on the future development of petroleum production from the land; and
(ii)the technical and commercial feasibility of coordinated petroleum production and coal or oil shale mining from the land; and
(b)a proposed development plan that complies with the initial development plan requirements; and

Note—

For requirements for proposed initial development plans, see part 9, division 2.
(c)other information that addresses the matters mentioned in subsection (2) (the CSG assessment criteria), other than the matter mentioned in subsection (2)(c)(iii).
(2)The CSG assessment criteria are—
(a)the initial development plan requirements; and
(b)the legitimate business interests of the applicant and the authority to prospect holder (the parties); and

Examples of a party’s legitimate business interests—

1contractual obligations
2the effect on, and use of, existing infrastructure or mining or production facilities
3exploration expenditure on relevant overlapping tenures
(c)the effect of the proposed mining lease on the future development of petroleum resources in the land, including for example, each of the following—
(i)the proposed timing and rate of coal or oil shale mining and the development of petroleum from the land;
(ii)the potential for the parties to make a coordination arrangement about—
(A)coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and
(B)petroleum production under any future petroleum lease over the land;
(iii)the attempts required of the applicant under section 318AT(1)(b) and any change of the type mentioned in section 318AT(1)(c);
(iv)the economic and technical viability of the concurrent or coordinated coal or oil shale mining and the development of any petroleum from the land;
(v)the extent, nature and value of coal or oil shale mining and the development of any petroleum in the land; and
(d)the public interest in coal or oil shale mining and petroleum production from the land, having regard to the public interest.
(3)For subsection (2), if the proposed mining lease is to be granted under section 234(1)(b) for a purpose associated with, arising from or promoting the activity of mining, a reference to mining in the land includes a reference to mining in other land associated with the lease.

Division 3 Provisions for applications in particular circumstances

318AQ Applications relating to authority to prospect and petroleum lease not held by same person

(1)This section applies if a person to whom this part applies wishes to make an application to which this part applies—
(a)for land in the area of each of the following—
(i)the authority to prospect (the authority to prospect part);
(ii)a petroleum lease (the petroleum lease part); and
(b)the authority to prospect and the petroleum lease are not held by the same person.

Note—

If the authority to prospect and the petroleum lease are held by the same person, see part 6.
(2)The person may lodge separate mining lease applications for the authority to prospect part and the petroleum lease part.
(3)A separate application for the authority to prospect part, or the part of an application that relates to the authority to prospect part, must be decided under this part.
(4)A separate application for the petroleum lease part, or the part of an application that relates to the petroleum lease part, must be decided under part 5 or 6.

318AR Applications relating to other land

(1)This section applies if a person to whom this part applies wishes to make an application to which this part applies and the proposed application includes land (the other part) not in the area of another petroleum tenure.
(2)The person may lodge a separate mining lease application for the other part.
(3)A separate application for the other part, or the part of an application that relates to the other part, must be decided under chapter 6, part 1.

Division 4 Obligations of applicant and authority to prospect holder

318AT Applicant’s obligations

(1)The applicant must—
(a)within 10 business days after making the application, give the authority to prospect holder a copy of the application, other than the part of the application consisting of the statement mentioned in section 245(1)(o); and
(b)use reasonable attempts to—
(i)consult with the authority to prospect holder about the applicant’s proposed development plan; and
(ii)make an appropriate arrangement with the authority to prospect holder about testing for petroleum production carried out, or proposed to be carried out, by the authority to prospect holder (a testing arrangement); and

Example of testing—

production testing

Note—

For confidentiality obligations of tenure holders or persons who have applied for a tenure, see part 10.
(c)change the proposed development plan to give effect to any reasonable proposal by the authority to prospect holder that will optimise petroleum production under any future petroleum lease over the land; and
(d)within 4 months after making the application, lodge a written notice stating each of the following—
(i)the details of the consultation;
(ii)the results of the consultation;
(iii)any comments the applicant wishes to make about any submissions lodged by the authority to prospect holder, under section 318AX;
(iv)any changes to the proposed development plan;
(v)if a testing arrangement has been made—details of the arrangement;
(vi)if a testing arrangement has not been made—details of the attempts made to make a testing arrangement;
(vii)the applicant’s assessment of the potential of the applicant and the authority to prospect holder to make a coordination arrangement about—
(A)coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and
(B)petroleum production under any future petroleum lease over the land.
(2)However, the obligations under subsection (1)(b)(ii) and (c) apply only to the extent the provisions or arrangement are commercially and technically feasible for the applicant.
(3)For subsection (1)(b)(ii), it is appropriate for the testing arrangement to give the authority to prospect holder the right to carry out testing for petroleum production to help the holder make, or allow the deciding of, an application under the Petroleum and Gas (Production and Safety) Act, chapter 2, part 1, division 6.

Note—

See the Petroleum and Gas (Production and Safety) Act, chapter 2, part 1, division 6 (Potential commercial areas).
(4)However, subsection (3) does not require the applicant to agree to testing having a duration of more than 12 months.

318AU Minister may require further negotiation

(1)The Minister may, after receiving the notice under section 318AT(1)(d), require the applicant to conduct negotiations with the authority to prospect holder with a view to—
(a)making a testing arrangement mentioned in section 318AT(1)(b)(ii); or
(b)making changes of a type mentioned in section 318AT(1)(c).
(2)The applicant must use all reasonable attempts to comply with the requirement.

318AV Consequence of applicant not complying with obligations or requirement

If the Minister is reasonably satisfied the applicant has not complied with an obligation under section 318AT or 318AU, the application may be rejected.

Note—

For confidentiality obligations of tenure holders or persons who have applied for a tenure, see part 10.

318AW Authority to prospect holder’s obligations

The authority to prospect holder must—
(a)within 20 business days after receiving a copy of the application, give the applicant basic information the authority holder has about the following that the applicant may reasonably need to comply with sections 318AP and 318AT
(i)the type of exploration activities carried out, or proposed to be carried out under the authority;
(ii)petroleum in the land; and
(b)after receiving a copy of the application, use reasonable attempts to reach an agreement with the applicant, about the matters mentioned in section 318AT(1)(b) and (c), that provides the best resource use outcome without significantly affecting the parties’ rights or interests.

318AX Submissions by authority to prospect holder

(1)The authority to prospect holder may lodge submissions about the application.
(2)However, the submissions may be lodged only within 3 months after the holder is, under section 318AT(1)(a), given a copy of the application (the submission period).
(3)The submissions may—
(a)state that the holder does not object to the granting of the proposed mining lease; and
(b)state that the holder does not wish any preference for the future development of petroleum production from the land (petroleum development preference); and
(c)include information about all or any of the following—
(i)exploration carried out under the authority;
(ii)the results of the exploration;
(iii)the prospects for future petroleum production from the land; and
(d)include a proposal by the authority to prospect holder for petroleum production from the land; and
(e)include information relevant to the CSG assessment criteria.

Note—

For confidentiality obligations of tenure holders or persons who have applied for a tenure, see part 10.
(4)The holder must give the applicant a copy of the submissions.
(5)In deciding the application, regard must be had to the submissions.

Division 5 Priority for earlier petroleum lease application or proposed application

318AY Earlier petroleum lease application

(1)If—
(a)before the making of the mining lease application, a petroleum lease application was made for the land; and
(b)the petroleum lease application complies with the Petroleum and Gas (Production and Safety) Act; and
(c)the petroleum lease application has not been decided;

a mining lease notice can not be issued for the mining lease application until the petroleum lease application has been decided.

(2)However, subsection (1) does not apply if—
(a)the mining lease application was made in response to an invitation in a notice given under the Petroleum and Gas (Production and Safety) Act, section 323 and the application was made within 6 months after the giving of the notice; or
(b)the petroleum lease applicant has given written consent to the mining lease application.

Note—

See, however, the Petroleum and Gas (Production and Safety) Act, chapter 3, part 2, division 3 (Petroleum lease applications in response to Mineral Resources Act preference decision) and section 315 (Earlier coal or oil shale mining lease application).

318AZ Proposed petroleum lease for which EIS approval given

(1)This section applies if—
(a)before the making of the mining lease application, an approval under the Environmental Protection Act, chapter 3, part 2, was granted for the voluntary preparation of an EIS for a project that is, or includes, a proposed petroleum lease for the land; and
(b)the proponent for the EIS—
(i)is, or includes, the authority to prospect holder; or
(ii)is someone else who has the authority holder’s consent.
(2)A mining lease notice can not be issued for the mining lease application until an application for the proposed petroleum lease is decided.
(3)However, subsection (2) ceases to apply if—
(a)the proponent of the EIS does not make a petroleum lease application for the land within 1 year after the granting of the approval; or
(b)a petroleum lease application for the land is made within the period mentioned in paragraph (a) and—
(i)it does not comply with the Petroleum and Gas (Production and Safety) Act; or
(ii)it is decided; or
(c)the proponent for the EIS has given written consent to the mining lease application.

318BProposed petroleum lease declared a coordinated project

(1)This section applies if—
(a)before the making of the mining lease application, a project is declared a coordinated project under the State Development and Public Works Organisation Act 1971 that is, or includes, a proposed petroleum lease for the land; and

Note—

See the State Development and Public Works Organisation Act 1971, section 26 (Declaration of coordinated project).
(b)the proponent for the coordinated project—
(i)is, or includes, the authority to prospect holder; or
(ii)is someone else who has the authority holder’s consent.
(2)A mining lease notice can not be issued for the mining lease application until the application for the proposed petroleum lease is decided.
(3)However, subsection (2) ceases to apply if—
(a)the proponent of the coordinated project does not make a petroleum lease application for the land within 1 year after the making of the declaration; or
(b)a petroleum lease application for the land is made within the period mentioned in paragraph (a) and—
(i)it does not comply with the Petroleum and Gas (Production and Safety) Act; or
(ii)it is decided; or
(c)the proponent of the coordinated project has given written consent to the mining lease application.

Division 6 Ministerial decision about whether to give any preference to petroleum development

318BA When preference decision is required

(1)This division applies for the application only if the Minister is satisfied of each of the following—
(a)there is a resource or reserve (the deposit) of petroleum in the land;
(b)the deposit has been identified under the relevant codes;
(c)there is the level of knowledge about the deposit, as prescribed under a regulation;
(d)the location, quantity, quality, geological characteristics and continuity of the deposit are known, or have been estimated or interpreted, from specific geological evidence and knowledge;
(e)there are reasonable prospects for the eventual economic production of the deposit.
(2)However, this division does not apply if—
(a)the authority to prospect holder has not complied with section 318AW(a); or
(b)the authority to prospect holder has, under section 318AX, lodged a submission stating that the holder does not wish any petroleum development preference for the land; or
(c)the authority to prospect holder has not lodged any submission under section 318AX within the submission period.
(3)If the Minister decides that the Minister is not satisfied as mentioned in subsection (1), the authority holder must be given notice of the decision.
(4)In this section—
relevant codes means any of the following—
(a)the following documents published by the Society of Petroleum Engineers (SPE), as amended and published from time to time—
(i)the document called ‘Petroleum Resources Classification System and Definitions’;
(ii)the documents called ‘Petroleum Reserves Definitions’ and ‘Standards Pertaining to the Estimating and Auditing of Oil and Gas Reserve Information’;
(b)another document (however called) published by SPE that amends or replaces the documents mentioned in paragraph (a);
(c)if a document mentioned in paragraph (a) or (b) stops being published—another similar document prescribed under a regulation.

Notes—

1If the Minister is not satisfied as mentioned in subsection (1), the application can be decided under chapter 6, part 1.
2If this subdivision does not apply because of subsection (2), the application can be decided under chapter 6, part 1 and division 8.

318BB Decision about whether to give any preference to petroleum development

(1)Subject to section 318BC, the Minister must decide whether to—
(a)grant the mining lease under section 271A; or
(b)give any petroleum development preference for the land, in whole or part.
(2)The decision under subsection (1) is the preference decision.
(3)In making the preference decision the CSG assessment criteria must be considered.
(4)If, under the Petroleum and Gas (Production and Safety) Act, chapter 3, part 2, division 1, subdivision 6, coal or oil shale development preference has been given for the land, the preference decision is taken to be not to give any petroleum development preference for any of the land.

318BC Reference to Land Court before making preference decision

(1)Before making the preference decision—
(a)the chief executive must refer the application to the Land Court for it to make recommendations to the Minister about what the preference decision should be; and
(b)the Minister must consider the recommendations.
(2)The referral must be made by filing a notice in the approved form with the registrar of the Land Court.
(3)The referral starts a proceeding before the Land Court for it to make the recommendations.
(4)The parties to the proceeding are the applicant and the authority to prospect holder.
(5)In making the recommendations—
(a)the CSG assessment criteria must be considered; and
(b)section 318BD applies as if a reference in the section—
(i)to the Minister were a reference to the Land Court; and
(ii)to petroleum development preference were a reference to recommending petroleum development preference.
(6)The recommendations may also include recommendations about the conditions and term of the mining lease.

318BD Restrictions on giving preference

(1)Petroleum development preference, in whole or part, must not be given unless this section has been complied with.
(2)Petroleum development preference may be given only if the Minister is satisfied of each of the following—
(a)on the basis of the submissions and the results of consultation lodged under sections 318AT and 318AX, it is either not commercially or technically feasible or it is unlikely that the applicant and the authority holder are able to make a future coordination arrangement about—
(i)coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and
(ii)petroleum production under any future petroleum lease for the land;
(b)that, having regard to the public interest, the public interest in the following would be best served by not granting a mining lease to the mining lease applicant first—
(i)coal or oil shale mining and any incidental coal seam gas mining;
(ii)petroleum production;
(c)if the petroleum is a brownfield petroleum resource—
(i)it is critical to the continuance of existing petroleum production or processing or the efficient use of infrastructure related to the production or processing; and
(ii)the applicant’s proposed development plan is incompatible with the future development of the resource;
(d)if the petroleum is a greenfield petroleum resource—
(i)it is commercially viable; and
(ii)petroleum production will, if a petroleum lease is granted to the authority to prospect holder, start within 2 years after the grant of the lease.
(3)In this section—
brownfield petroleum resource means petroleum associated with, or adjacent to, existing petroleum production or a processing operation under the Petroleum and Gas (Production and Safety) Act.
greenfield petroleum resource means petroleum not associated with, or adjacent to, existing petroleum production or a processing operation under the Petroleum and Gas (Production and Safety) Act.

Division 7 Process if preference decision is to give any preference to petroleum development

318BF Application of div 7

This division applies only if, under section 318BA, a preference decision is required and that decision was to give petroleum development preference for the whole or part of the land.

318BG Notice to applicant and authority to prospect holder

(1)The mining lease applicant and the authority to prospect holder must be given written notice of the preference decision.
(2)The notice must invite the authority to prospect holder to, within 6 months after the giving of the notice (the petroleum lease application period), apply for a petroleum lease for—
(a)if the preference is for all of the land—all of the land; or
(b)if the preference is for part of the land—that part.

318BH Petroleum lease application for all of the land

(1)This section applies if the preference is for all of the land and, within the petroleum lease application period, the authority to prospect holder applies for a lease for all of the land.
(2)A further step can not be taken to decide the mining lease application until after the petroleum lease application has been decided.

Note—

See, however, Petroleum and Gas (Production and Safety) Act, chapter 3, part 2, division 3 (Petroleum lease applications in response to Mineral Resources Act preference decision).
(3)If the decision on the petroleum lease application is to grant a petroleum lease for all of the land, the mining lease application is taken to have lapsed, unless the petroleum lease applicant has consented in writing to the application.

318BI Petroleum lease application for part of the land

(1)This section applies if the authority to prospect holder applies for a petroleum lease for part of the land within the petroleum lease application period.
(2)The mining lease applicant may, by notice lodged with the chief executive, amend the mining lease application so that a mining lease is only sought for all or part of the rest of the land.
(3)Unless the amendment is made, a further step can not be taken to decide the mining lease application until after the petroleum lease application has been decided.

Note—

See, however, the Petroleum and Gas (Production and Safety) Act, chapter 3, part 2, division 3 (Petroleum lease applications in response to Mineral Resources Act preference decision).
(4)If—
(a)the amendment has not been made; and
(b)the decision on the petroleum lease application is to grant a petroleum lease for part of the land;

the mining lease applicant may amend the mining lease application so that a mining lease is only sought for all or part of the rest of the land.

Note—

See, however, section 318CB.

318BJ No petroleum lease application

If the authority to prospect holder does not apply for a petroleum lease for any of the land within the petroleum lease application period, the mining lease application may be decided.

Division 8 Deciding mining lease

318BK Application of div 8

This division applies if—
(a)the authority to prospect holder has not complied with section 318AW(a); or
(b)the authority to prospect holder has, under section 318AX, lodged a submission stating that the holder does not wish any petroleum development preference for the land; or
(c)the authority to prospect holder has not lodged any submission under section 318AX within the submission period; or
(d)under section 318BA, a preference decision is required and—
(i)the preference decision was not to give petroleum development preference for any of the land; or
(ii)the preference decision was to give petroleum development preference for the whole or part of the land and, after division 7 is complied with, the Minister decides, under section 271A, to grant a coal mining lease or an oil shale mining lease for the land.

318BL Additional criteria for deciding conditions or term

(1)In making a decision as follows, regard must be had to the prescribed criteria—
(a)deciding conditions of the mining lease under section 276(1)(n);
(b)deciding the term of the lease under section 284.
(2)This section does not limit the power under section 276(1)(n) to determine conditions of the mining lease.
(3)In this section—
prescribed criteria means each of the following—
(a)the CSG assessment criteria;
(b)the effect of the mining lease on safe and efficient petroleum production under any adjacent lease;
(c)the effect on safe and efficient petroleum production under any future petroleum lease that arises from the authority to prospect.

318BM Power to determine relinquishment condition

(1)A condition of the mining lease determined under section 276(1)(n) may be that its holder is required, by a lodged notice, to relinquish a stated part or percentage of its area at stated times or intervals.

Note—

See, however, section 318CZ.
(2)A condition determined under subsection (1) is called a relinquishment condition.
(3)A relinquishment under a relinquishment condition takes effect on the day after the notice is lodged.
(4)This section does not limit the power under section 276(1)(n) to determine conditions of the mining lease.

318BN Publication of outcome of application

(1)After the Minister decides whether to grant the mining lease, the chief executive must publish a notice about the outcome of the application in the gazette or another publication the Minister considers appropriate.
(2)The notice must state—
(a)whether the Minister decided to grant, or not to grant, the mining lease; and
(b)if the decision was to grant—the conditions decided by the Minister; and
(c)if, under section 318BA, a preference decision is required and the preference decision was to give petroleum development preference for the whole or part of the land—the decision, and the reasons for it.
(3)However, if the chief executive considers that information in any condition is commercial-in-confidence, the chief executive may, instead of publishing the condition, publish a statement about the intent of the condition.

Part 3 Obtaining coal or oil shale mining lease over land in area of authority to prospect (by or jointly with, or with the consent of, authority to prospect holder)

318BO Application of pt 3

(1)This part applies if—
(a)land is in the area of an authority to prospect; and
(b)a person as follows wishes to apply for a coal mining lease or an oil shale mining lease for all or part of the land—
(i)the holder of a coal or oil shale exploration tenement or prospecting permit;
(ii)a person who wishes to make the application jointly with the exploration tenement or prospecting permit holder; and
(c)either—
(i)the applicant is the authority holder; or
(ii)the authority holder has given written consent to the making of the application.
(2)However, this part does not apply if the land is also in the area of a petroleum lease and the same person holds the authority to prospect and the petroleum lease.

Note—

For the circumstances mentioned in subsection (2), see part 6.

318BP Additional requirements for making application

The application must include—
(a)a CSG statement; and
(b)a proposed development plan that complies with the initial development plan requirements; and

Note—

See part 9, division 2.
(c)other information that addresses the CSG assessment criteria.

318BQ Applications relating to petroleum lease and authority to prospect not held by same person

(1)This section applies if—
(a)a person to whom this part applies wishes to make an application to which this part applies for land in the area of each of the following—
(i)the authority to prospect (the authority to prospect part);
(ii)a petroleum lease (the petroleum lease part); and
(b)the authority to prospect and the petroleum lease are not held by the same person.

Note—

If the authority to prospect and the petroleum lease are held by the same person, see part 5.
(2)The person may lodge separate mining lease applications for the authority to prospect part and the petroleum lease part.
(3)A separate application for the authority to prospect part, or the part of an application that relates to the authority to prospect part, must be decided under this part.
(4)A separate application for the petroleum lease part, or the part of an application that relates to the petroleum lease part, must be decided under part 5 or 6.

318BR Applications relating to other land

(1)This section applies if a person to whom this part applies wishes to make an application to which this part applies and the proposed application includes land (the other part) not in the area of another petroleum tenure.
(2)The person may lodge a separate mining lease application for the other part.
(3)A separate application for the other part, or the part of an application that relates to the other part, must be decided under chapter 6, part 1.

318BT Priority for earlier petroleum lease application or proposed application

Part 2, division 5, applies for the mining lease application.

318BU Additional criteria for deciding conditions or term

(1)In making a decision as follows, regard must be had to the conditions of the authority to prospect, any future development proposals of the authority to prospect holder and the likelihood of coordinated production of petroleum under a future petroleum lease—
(a)deciding conditions of the mining lease under section 276(1)(n);
(b)deciding the term of the lease under section 284.
(2)This section does not limit the power under section 276(1)(n) to determine conditions for the mining lease.

Part 4 Coal mining lease and oil shale mining lease applications in response to Petroleum and Gas (Production and Safety) Act preference decision

318BV Additional ground for refusing application

(1)This section applies if—
(a)a coal or oil shale mining lease application is made in response to an invitation given under the Petroleum and Gas (Production and Safety) Act, section 323; and
(b)the application is made within 6 months after the giving of the invitation.

Note—

For a coal or oil shale mining lease application not made within the 6 months, see the Petroleum and Gas (Production and Safety) Act, section 326 (No mining lease application).
(2)The Minister may refuse the application if satisfied the applicant has not, in a timely manner, taken any step in relation to the application required of the applicant under chapter 6 or this chapter.
(3)Subsection (2) does not limit another ground for refusing the application under chapter 6 or this chapter.

Part 5 Obtaining coal or oil shale mining lease over land in area of petroleum lease (other than by or jointly with petroleum lease holder)

318BW Application of pt 5

(1)This part applies if a person wishes to apply for a coal mining lease or an oil shale mining lease for all or part of the land in the area of a petroleum lease.
(2)However, this part does not apply if—
(a)the person is the petroleum lease holder; or
(b)the application is to be made jointly with the holder.

Note—

For the circumstances mentioned in subsection (2), see part 6.
(3)If—
(a)the land is also in the area of an authority to prospect; and
(b)the same person holds the petroleum lease and the authority to prospect;

a reference in this part to the petroleum lease holder includes a reference to the authority to prospect holder.

Note—

If the petroleum lease and the authority to prospect are held by different persons, see section 318BQ.

318BX Additional requirements for making application

The application must include—
(a)a CSG statement; and
(b)a proposed development plan that complies with the initial development plan requirements.

Note—

For requirements for proposed initial development plans, see part 9, division 2.

318BY Applications relating to other land

(1)This section applies if—
(a)a person to whom this part applies wishes to make an application to which this part applies; and
(b)the proposed application includes land (the other part) in the area of an authority to prospect held by someone else.
(2)The person may lodge a separate mining lease application for the other part.
(3)A separate application for the other part, or the part of an application that relates to the other part, must be decided under part 2.

318CNotice to petroleum lease holder

The applicant must, within 10 business days after lodging the application, give the petroleum lease holder a copy of the application, other than the part of the application consisting of the statement mentioned in section 245(1)(o).

Note—

For confidentiality obligations of tenure holders or persons who have applied for a tenure, see part 10.

318CA Petroleum lease holder’s obligation to negotiate

(1)The petroleum lease holder must, after receiving the copy of the application, use reasonable attempts to reach a coordination arrangement with the applicant about the following matters that provides the best resource use outcome without significantly affecting the parties’ rights or interests—
(a)coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease;
(b)petroleum production under the petroleum lease for the land.

Note—

For the extent to which coal seam gas production is permitted under the coal or oil shale mining lease, see part 8, division 1.
(2)However, the obligation under subsection (1) applies only to the extent that a coordination arrangement is commercially and technically feasible for the petroleum lease holder.

Note—

For confidentiality obligations of tenure holders or persons who have applied for a tenure, see part 10.

318CB Restriction on issuing mining lease notice and additional requirements for grant

(1)Section 252A does not apply for the application, and the Minister can not under section 271A grant the mining lease until—
(a)the applicant has negotiated, with the petroleum lease holder, a proposed coordination arrangement (a relevant arrangement) about the following matters—
(i)coal or oil shale mining and any incidental coal seam gas under the proposed mining lease;
(ii)petroleum production under the petroleum lease; and
(b)the Minister has approved the relevant arrangement; and
(c)there is a safety and health management system that applies for the proposed mining lease; and
(d)the petroleum lease holder has lodged a notice that the holder has agreed to the system.
(2)Subsections (3) and (4) apply if the Minister is satisfied the applicant and the petroleum lease holder have, as required under section 318CA, made reasonable attempts to reach a relevant arrangement and—
(a)the petroleum lease holder has lodged a written notice stating there are no reasonable prospects of a relevant arrangement being made; or
(b)a relevant arrangement has not been lodged for approval by the Minister and the Minister considers the applicant and the petroleum lease holder have had a reasonable opportunity to make a relevant arrangement.
(2A)Despite subsection (1), a mining lease notice may be issued under section 252A for the application if the petroleum lease holder has consented to the making of the application and the issuing of the notice.
(3)A mining lease notice can not be issued for the application.
(4)The Minister may immediately decide to reject the application.
(5)In this section—
safety and health management system means—
(a)for a coal mining lease—a safety and health management system under the Coal Mining Safety and Health Act 1999; or
(b)for an oil shale mining lease—a safety and health management system under the Mining and Quarrying Safety and Health Act 1999.

Part 6 Obtaining coal or oil shale mining lease over land in area of petroleum lease (by or jointly with petroleum lease holder)

318CC Application of pt 6

(1)This part applies if a person as follows wishes to apply for a coal mining lease or an oil shale mining lease for all or part of the land in the area of a petroleum lease—
(a)the petroleum lease holder;
(b)a person who wishes to make the application jointly with the holder.
(2)If—
(a)the land is also in the area of an authority to prospect; and
(b)the same person holds the petroleum lease and the authority to prospect;

a reference in this part to the petroleum lease holder includes a reference to the authority to prospect holder.

Note—

If the petroleum lease and the authority to prospect are held by different persons, see section 318BQ.

318CD Additional requirements for making application

The application must include—
(a)a CSG statement; and
(b)a proposed development plan that complies with the initial development plan requirements.

Note—

For requirements for proposed initial development plans, see part 9, division 2.

318CE Applications relating to other land

(1)This section applies if—
(a)a person to whom this part applies wishes to make an application to which this part applies; and
(b)the proposed application includes land (the other part) in the area of an authority to prospect held by someone else.
(2)The person may lodge a separate mining lease application for the other part.
(3)A separate application for the other part, or the part of an application that relates to the other part, must be decided under part 2.

318CG Additional criteria for deciding conditions

(1)In deciding conditions of the mining lease under section 276(1)(n), regard must be had to—
(a)the conditions of the petroleum lease; and
(b)the development plan for the petroleum lease.
(2)This section does not limit the power under section 276(1)(n) to determine conditions of the mining lease.

Part 7 Additional provisions for coal and oil shale exploration tenements

Division 1 Grant of coal or oil shale exploration tenement in area of authority to prospect

318CH Provisions for coal or oil shale exploration tenement

(1)The Petroleum Act 1923 and the Petroleum and Gas (Production and Safety) Act do not limit or otherwise affect the power under this Act to grant a coal or oil shale exploration tenement over land (the overlapping land) in the area of an authority to prospect.
(2)However, an authorised activity for the coal or oil shale exploration tenement can not be carried out on the overlapping land if—
(a)carrying it out adversely affects the carrying out of an authorised activity for the authority to prospect; and
(b)the authorised activity for the authority to prospect has already started.

Division 2 Restriction on authorised activities on petroleum lease land

318CI Restriction

(1)If land is in the area of a coal or oil shale exploration tenement and a petroleum lease, an authorised activity for the tenement may be carried out on the land only if—
(a)the petroleum lease holder has agreed in writing to the carrying out of the activity; and
(b)a copy of the agreement has been lodged; and
(c)the agreement is still in force.
(2)Subsection (1) does not apply, or ceases to apply, if the same person holds the tenement and the petroleum lease.

Division 3 Conditions

318CJ Notice of grant to authority to prospect holder or applicant

(1)This section applies if, when a coal or oil shale exploration tenement is granted, land in the area of the tenement is in the area of an authority to prospect or a proposed area under an authority to prospect application.
(2)It is a condition of the tenement that its holder must, within 20 business days after receiving notice of the grant, give the authority to prospect holder or the applicant written notice stating—
(a)that the tenement has been granted; and
(b)the tenement holder’s name; and
(c)the term of the tenement.

318CK Compliance with obligations under Petroleum and Gas (Production and Safety) Act

If an obligation under the Petroleum and Gas (Production and Safety) Act, section 313 or 371, applies to a coal or oil shale exploration tenement holder, it is a condition of the tenement that the holder must comply with the obligation.

Part 8 Additional provisions for coal mining leases and oil shale mining leases

Division 1 Entitlement to coal seam gas

318CL Application of pt 8

(1)This part applies to a person (the mining lease holder) who holds a coal mining lease or an oil shale mining lease.

Note—

See, however, chapter 15, part 2, division 6.
(2)This division is subject to division 2 and the Common Provisions Act, section 138.

318CM Limited entitlement to mine coal seam gas

(1)The mining lease holder may mine coal seam gas in the area of the lease only if—
(a)the mining happens as a necessary result of coal or oil shale mining carried out under the mining lease; or
(b)the mining is necessary to ensure a safe mine working environment for coal or oil shale mining under the mining lease; or
(c)the mining is necessary to minimise the fugitive emission of methane during the course of coal mining operations.
(2)Coal seam gas mined, or proposed to be mined, under subsection (1) is called incidental coal seam gas.
(3)To remove any doubt, it is declared that incidental coal seam gas includes coal seam gas in a goaf if the gas is mined, or proposed to be mined, under subsection (1).
(4)In this section—
mine, for coal seam gas, includes extract, produce, release or dispose of the gas.

318CN Use that may be made under mining lease of incidental coal seam gas

(1)This section applies if the mining lease holder holds a coal mining lease.
(2)Subject to section 318CO, the mining lease holder may do the following in relation to incidental coal seam gas mined under section 318CM—
(a)use it beneficially for an authorised activity under the coal mining lease or another coal mining lease;
(b)process, store or transport it within the area of the coal mining lease, or within the area of another coal mining lease, to allow it to be used under paragraph (a);
(c)use it beneficially for an authorised activity under another resource authority;
(d)supply it to another entity;
(e)use it to generate power to supply to another entity;
(f)process, store or transport it within the area of the coal mining lease, or within the area of another resource authority, to allow it to be used under paragraph (c), (d) or (e).

Examples of uses of incidental coal seam gas authorised under paragraph (a) or (c)—

1power generation for equipment used for an authorised activity under the coal mining lease or another resource authority
2heating

Notes—

1If the mining lease holder wishes to use the incidental coal seam gas in a way not authorised under subsection (2)(a) or (b), the holder may require an authority under the Petroleum and Gas (Production and Safety) Act. For example, a holder must apply for an authority under that Act if the holder wishes to transport the gas by pipeline outside the area of non-contiguous mining leases or utilise a natural underground reservoir.
2If the mining lease holder wishes to use the incidental coal seam gas to generate power to supply to another entity, the holder must comply with the Electricity Act 1994.
(3)This section does not limit or affect a requirement or restriction under another Act.
(4)In this section—
supply includes sell.

318CNA Use that may be made under oil shale mining lease of incidental coal seam gas

(1)This section applies if the mining lease holder holds an oil shale mining lease.
(2)Subject to section 318CO, the mining lease holder may do the following in relation to incidental coal seam gas mined under section 318CM—
(a)use it beneficially for mining under the oil shale mining lease;
(b)process, store or transport it within the area of the oil shale mining lease to allow it to be used under paragraph (a).

Examples of uses of incidental coal seam gas authorised under paragraph (a)—

1power generation for equipment used for mining under the oil shale mining lease
2heating
(3)This section does not limit or affect a requirement or restriction under another Act.
(4)In this section—
mining, under the oil shale mining lease, includes mining for coal seam gas authorised under section 318CM.

318CO Restriction on flaring or venting of incidental coal seam gas

(1)It is a condition of the mining lease that the mining lease holder must not flare or vent incidental coal seam gas mined under section 318CM(1) in the area of the mining lease unless the flaring or venting is authorised under this section.
(2)Flaring the incidental coal seam gas is authorised if it is not commercially or technically feasible to use it—
(a)for a coal mining lease—under section 318CN(2); or
(b)for an oil shale mining lease—under section 318CNA(2).
(3)Venting the incidental coal seam gas is authorised if—
(a)it is not safe to use the gas for a purpose mentioned in subsection (2) or to flare it; or
(b)flaring it is not technically practicable; or
(c)for incidental coal seam gas that is vented as or with mine ventilation air—it is not commercially practicable to use the air.
(4)Venting the incidental coal seam gas is also authorised if—
(a)it is being used, or is proposed to be used, under a greenhouse abatement scheme; and
(b)if subsection (1) were to apply, the direct or indirect benefit the mining lease holder would otherwise obtain because of the use of the gas under the scheme would be reduced.
(5)Subsection (6) applies, despite subsections (2) to (4), if—
(a)an oil shale mining lease is over land in an area of a petroleum lease (the overlapping land); and
(b)incidental coal seam gas is, under section 318CM(1), mined from the overlapping land.
(6)Flaring or venting is authorised only if—
(a)the mining lease holder has given the petroleum lease holder written notice that the gas is available to the petroleum lease holder; and
(b)the petroleum lease holder has either not responded or has refused to accept the gas within 20 business days after receiving the notice.
(7)In this section—
greenhouse abatement scheme means a scheme about the abatement of greenhouse gases prescribed by regulation.

Division 2 Provisions for mining coal seam gas from coextensive natural underground reservoirs

318CP Application of div 2

This division applies if a natural underground reservoir in the area of a coal mining lease or an oil shale mining lease extends to—
(a)the area of an adjacent coal mining lease, oil shale mining lease or petroleum lease (an adjacent lease); or
(b)if a person has applied for a coal mining lease, oil shale mining lease or petroleum lease that will, if granted, be an adjacent lease—the area of the proposed lease.

Note—

See also the Petroleum Act 1923, section 52A (Application of 2004 Act provisions about coextensive natural underground reservoirs).

318CQ Coordination arrangement may be made about mining or production from reservoir

The mining lease holder and an adjacent lease holder, or proposed adjacent lease holder, may make a coordination arrangement that provides for the petroleum or coal seam gas that can, under this Act or the Petroleum and Gas (Production and Safety) Act, be mined or produced from the reservoir from within the area of the mining lease and the adjacent lease, or proposed adjacent lease.

Note—

For the making of coordination arrangements, see the Petroleum and Gas (Production and Safety) Act, chapter 2, part 8.

318CR Restriction on carrying out particular authorised activities

(1)The mining lease holder must not carry out a relevant activity for an adjacent lease or proposed adjacent lease unless—
(a)the adjacent lease holder, or the proposed adjacent lease holder, has consented in writing to the carrying out of the activity; or
(b)the activity is carried out under—
(i)a coordination arrangement mentioned in section 318CQ; or
(ii)a decision of the Land Court under section 318CS.
(2)However, if the adjacent lease was granted after the mining lease was granted and, when the adjacent lease was granted, the mining lease holder was carrying out the relevant activity, subsection (1) does not apply to the mining lease holder until the later of the following—
(a)6 months after granting of the adjacent lease;
(b)if within the 6 months the mining lease holder applies to the Land Court under section 318CS—when the Land Court decides the application.
(3)In this section—
relevant activity, for an adjacent lease or proposed adjacent lease, means—
(a)the mining, under the mining lease, of coal seam gas that comes, or is likely to come, from the part of the reservoir that is in the area of an adjacent lease or the proposed adjacent lease; or
(b)another authorised activity under the mining lease that physically adversely affects, or may physically adversely affect, the carrying out of authorised activities under an adjacent lease or the proposed adjacent lease.

318CS Dispute resolution by Land Court

(1)This section applies if—
(a)an adjacent lease holder, or the proposed adjacent lease holder, has not consented in writing to the carrying out of a relevant activity under section 318CR; and
(b)the mining lease holder and the adjacent lease holder or proposed adjacent lease holder (the parties) have not made a coordination arrangement mentioned in section 318CQ.
(2)Either party may apply to the Land Court for it to decide—
(a)the amount or proportion of any of the following that, when mined or produced, is owned by each party—
(i)coal seam gas mentioned in section 318CR(1);
(ii)petroleum; and
(b)how the parties are to bear the costs of the mining or production; and
(c)how the mining or production is to be coordinated or monitored; and

Example for paragraph (c)—

fixing a distance from the boundary between the mining lease and the adjacent lease for mining coal seam gas from the reservoir
(d)remediation requirements, as prescribed under a regulation, in relation to the matters mentioned in section 318CR(3), definition relevant activity, paragraph (b).
(3)If the adjacent lease was granted after the mining lease was granted, the decision may apply from the grant of the adjacent lease.
(4)In making the decision, the Land Court—
(a)must attempt to optimise mining under the mining lease and mining or production under the adjacent lease in a way that maximises the benefit for all Queenslanders; and
(b)may make the decision without having regard to the issue of who would, under another Act or law, have otherwise owned the petroleum.
(5)In considering the benefit to all Queenslanders, the Land Court must have regard to the public interest.

Division 3 Conditions

318CT Continuing requirement for coordination arrangement for particular coal or oil shale mining leases

(1)This section applies if—
(a)a coal mining lease or an oil shale mining lease is granted over land in the area of a petroleum lease and the application for the mining lease was not made by or jointly with the petroleum lease holder; or
(b)a coal mining lease holder or an oil shale mining lease holder is a party to a coordination arrangement mentioned in section 318DO.
(2)It is a condition of the mining lease that—
(a)its holder must continue to be party to a relevant coordination arrangement; and
(b)authorised activities for the mining lease must not be carried out if there is no relevant coordination arrangement.
(3)In this section—
relevant coordination arrangement means a coordination arrangement with the relevant petroleum lease holder about—
(a)coal or oil shale mining and any incidental coal seam gas mining under the mining lease; and
(b)petroleum production under the petroleum lease.

318CU Obligation to measure and record coal seam gas mined

(1)It is a condition of each coal or oil shale mining lease that its holder must—
(a)use a meter to record the volume of coal seam gas mined in the area of the lease; and

Note—

Noncompliance with the conditions under this section may also be an offence. See the Petroleum and Gas (Production and Safety) Act, sections 15 (When petroleum is produced) and 801 (Petroleum producer’s measurement obligations).
(b)comply with the provisions of the Petroleum and Gas (Production and Safety) Act, chapter 8, parts 1 and 2, to the extent the provisions are relevant to the meter and its use; and
(c)ensure—
(i)each designated CSG product mined is measured by a meter, in accordance with the relevant measurement scheme under the Petroleum and Gas (Production and Safety) Act for the meter; and

Note—

See the Petroleum and Gas (Production and Safety) Act, section 631 (What is a meter) and chapter 8, part 2 (Measurement schemes).
(ii)the meter complies with any requirements under the Petroleum and Gas (Production and Safety) Act; and
(iii)the measurement is made at the times and in the way required under the Petroleum and Gas (Production and Safety) Act; and
(iv)the measurement measures—
(A)each designated CSG product separately to each other type of product mentioned in the Petroleum and Gas (Production and Safety) Act, section 801(2); and
(B)the percentage of methane in each designated CSG product measured.
(2)In this section—
meter means a meter as defined under the Petroleum and Gas (Production and Safety) Act, section 631.

318CW Compliance with obligation to negotiate with petroleum lease applicant

If the obligation under the Petroleum and Gas (Production and Safety) Act, section 349, applies to a coal mining lease holder or an oil shale mining lease holder, it is a condition of the mining lease that the holder must comply with the obligation.

318CZ Cessation of relinquishment condition for area not overlapping with area of authority to prospect

If—
(a)a coal mining lease or an oil shale mining lease contains a relinquishment condition; and
(b)all or part of the area of the mining lease ceases to be in the area of an authority to prospect (the relevant land);

the condition ceases to apply for the relevant land.

Division 4 Amendment of relinquishment condition by application

318DApplication of div 4

This division applies if a coal mining lease or an oil shale mining lease contains a relinquishment condition and all or part of the area of the mining lease is in the area of an authority to prospect.

318DA Conditions for applying to amend relinquishment condition

(1)The mining lease holder may apply for the amendment of the condition only if the applicant has, before making the application—
(a)made reasonable attempts to consult with the authority to prospect holder about—
(i)the proposed amendment; and
(ii)a proposed later development plan for the lease; and
(b)changed the proposed amendment and the proposed development plan to give effect to any reasonable proposal by the authority holder that will optimise—
(i)coal or oil shale or incidental coal seam gas mining under the amended mining lease; and
(ii)petroleum production under any future petroleum lease over the land.
(2)However, subsection (1)(b) applies only to the extent the proposal is commercially and technically feasible for the applicant.

318DB Authority to prospect holder’s obligation to negotiate

The authority to prospect holder must, if asked by the mining lease holder, use reasonable attempts to reach an agreement with the mining lease holder, about the matters mentioned in section 318DA(1)(b), that provides the best resource use outcome without significantly affecting the parties’ rights or interests.

Note—

For confidentiality obligations of tenure holders or persons who have applied for a tenure, see part 10.

318DC Requirements for making application

The application must—
(a)be in the approved form; and
(b)state whether or not the development plan for the mining lease has been complied with; and
(c)if the development plan for the lease has not been complied with—state details of, and the reasons for, each noncompliance; and
(d)include a CSG statement; and
(e)include a proposed later development plan for the lease as amended under section 318DA; and
(f)include a statement about each of the following—
(i)the details of the consultation carried out under section 318DA(1)(a);
(ii)the results of the consultation;
(iii)whether the proposed development plan includes all provisions proposed by the authority to prospect holder under section 318DA(1)(b);
(iv)if the proposed development plan does not include a provision proposed by the authority holder—why it was not included;
(v)the applicant’s assessment of the potential for the applicant and the authority holder to make a coordination arrangement about—
(A)coal or oil shale or incidental coal seam gas mining under the amended mining lease; and
(B)petroleum production under any future petroleum lease over the land that may be granted to the authority holder; and
(g)be accompanied by the fee prescribed under a regulation.

318DD Notice of application

The applicant must immediately after making the application give the authority to prospect holder a copy of the application.

318DE Submissions by authority to prospect holder

(1)The authority to prospect holder may lodge submissions about the application.

Note—

See also part 10.
(2)However, the submissions may be lodged only within 20 business days after the holder is, under section 318DD, given a copy of the application.
(3)The submissions may include any of the following—
(a)information about all or any of the following—
(i)exploration carried out under the authority to prospect;
(ii)the results of the exploration;
(iii)the prospects for future petroleum production from the land;
(b)a proposal by the authority holder for petroleum production from the land;
(c)information relevant to the CSG assessment criteria.

Note—

For confidentiality obligations of tenure holders or persons who have applied for a tenure, see part 10.
(4)The holder must give the applicant a copy of the submissions.
(5)In deciding the application, regard must be had to the submissions.

318DF Minister may require further negotiation

(1)The Minister may, by written notice, require the applicant to conduct negotiations with the authority to prospect holder with a view to making changes of a type mentioned in section 318DA(1)(b).
(2)The applicant must use all reasonable attempts to comply with the requirement.
(3)If the Minister is reasonably satisfied the applicant has not complied with the requirement the Minister may decide to refuse the application.

318DG Deciding amendment application

(1)Before deciding to grant the application, the Minister must decide whether to approve the applicant’s proposed later development plan for the mining lease.
(2)The application can not be granted unless the proposed plan has been approved.
(3)Part 9, division 4 applies for deciding whether to approve the proposed development plan.
(4)The matters that must be considered in deciding the application include each of the following—
(a)the CSG assessment criteria;
(b)whether the applicant has taken all reasonable steps to comply with the relinquishment condition;
(c)the effect of any approval of later development plans for the lease;
(d)any submissions under section 318DE lodged within the period mentioned in section 318DE(2).
(5)After the application has been decided, the applicant and the coal or oil shale exploration tenement holder must be given notice of the decision.

Division 5 Restriction on amending other conditions

318DH Interests of relevant petroleum tenure holder to be considered

An amendment under section 294 of a condition of a coal mining lease or an oil shale mining lease must not be made unless the interests of any relevant petroleum tenure holder have been considered.

Division 6 Renewals

318DI General additional provisions for renewal application

(1)This section and section 318DJ contain additional provisions for an application to renew a coal mining lease or an oil shale mining lease.

Note—

For particular requirements for an application to renew a mining lease, see section 286.
(2)The application must—
(a)state whether the current development plan for the lease has been complied with; and
(b)if the development plan has not been complied with—state the details of, and the reasons for, each noncompliance; and
(c)include a proposed later development plan for the renewed lease, that complies with the later development plan requirements.

Note—

See section 318ED.
(3)The application can not be made after the lease has ended.
(4)If the application is made less than 6 months before the end of the term of the lease, the application must be accompanied by an amount that is 10 times the renewal fee prescribed under section 286(2)(b).

318DJ Applied provisions for renewal application

(1)The adopted provisions apply for any renewal application for a coal mining lease or an oil shale mining lease—
(a)as if the mining lease holder had lodged a proposed later development plan; and
(b)as if a reference in the adopted provisions—
(i)to the application were a reference to the renewal application; and
(ii)to a mining lease were a reference to a renewed mining lease; and
(iii)to a proposed development plan were a reference to a proposed later development plan; and
(c)with other necessary changes.
(2)In this section—
adopted provisions means—
(a)sections 318DZ and 318E; and
(b)part 9, division 4; and
(c)if all or part of the area of the mining lease is in the area of an authority to prospect and the applicant does not hold the authority to prospect—part 2, divisions 2 and 4; and
(d)if all or part of the area of the mining lease is in the area of an authority to prospect and the applicant holds the authority to prospect—part 3, other than sections 318BQ and 318BR; and
(e)if all or part of the land in the area of the mining lease is in the area of a petroleum lease and the mining lease holder is not a holder of the petroleum lease—part 5, other than section 318BY.

318DK Mining lease taken to have development plan until renewal application decided

(1)This section applies until the happening of the following event if an application to renew a coal mining lease or an oil shale mining lease is made and the application complies with this part—
(a)if it is decided to renew the lease—the lease holder is given notice of the renewal;
(b)if it is decided not to renew the lease—the decision not to renew takes effect.

Note—

For when the decision takes effect, see section 318EH, as applied under section 318DJ.
(2)Despite the ending of the plan period for the current development plan for the lease—
(a)the mining lease is taken to have a development plan; and
(b)the holder may carry out any authorised activity for the lease.

Division 7 Consolidations

318DL Restriction on consolidation applications

A coal mining lease holder or an oil shale mining lease holder can not apply to consolidate the lease with another type of mining lease.

318DM Additional requirements for making consolidation application

(1)This section applies if an application under section 299 is made to consolidate coal mining leases or oil shale mining leases.
(2)The application must—
(a)include a proposed development plan for the consolidated mining lease; and
(b)be accompanied by the fee prescribed under a regulation.
(3)The proposed plan must comply with the later development plan requirements.

Note—

For requirements for proposed initial development plans, see part 9, division 2.
(4)The fee prescribed under section 299 need not accompany the application.

318DN Deciding whether to approve proposed development plan

Sections 318EF to 318EH apply to a proposed development plan included in an application under section 299
(a)as if the proposed plan were a proposed later development plan lodged under section 318EB; and
(b)as if a reference in the sections to the approval of a proposed later development plan were a reference to the proposed development plan for the consolidated lease; and
(c)with other necessary changes.

Division 8 Restriction on transfer or subletting

318DO Requirement for coordination arrangement to transfer or sublet mining lease in area of petroleum lease

(1)This section applies if land in the area of a coal mining lease or an oil shale mining lease is also in the area of a petroleum lease.
(2)The chief executive must not, under the Common Provisions Act, register a transfer or sublease of the mining lease unless the proposed transferee or sublessee and the petroleum lease holder are parties to a coordination arrangement about—
(a)coal or oil shale mining and any incidental coal seam gas under the mining lease; and
(b)petroleum production under the petroleum lease.

Note—

For matters about coordination arrangements, see the Petroleum and Gas (Production and Safety) Act, chapter 2, part 8.

Part 9 Development plans for coal mining leases and oil shale mining leases

Division 1 General provisions about development plans

318DP Function and purpose

(1)The development plan for a coal mining lease or an oil shale mining lease, or a proposed coal mining lease or an oil shale mining lease, (the relevant lease) gives detailed information about the nature and extent of activities to be carried out under the lease.
(2)The development plan may—
(a)also relate to another coal or oil shale mining lease or proposed coal or oil shale mining lease if the other lease or proposed lease relates to the relevant lease; and
(b)provide that when the plan is approved it will replace any development plan for the other lease.
(3)The purposes of giving the information is to—
(a)allow resource management decisions to be made; and
(b)ensure appropriate development of minerals that, under section 234, are specified in the lease.

318DQ Requirement to have development plan

It is a condition of each coal or oil shale mining lease that its holder must ensure there is a development plan for the lease.

Note—

The only ‘development plan’ for a coal or oil shale mining lease is its current initial or later development plan, as approved under this part. See the definition of that term in the dictionary. For the requirement to lodge a proposed later development plan and its approval, see division 4.

318DR Obligation to comply with development plan

It is a condition of each coal or oil shale mining lease that its holder must comply with the development plan for the lease.

Note—

See, however, chapter 15, part 2, division 6.

Division 2 Requirements for proposed initial development plans

318DS Operation of div 2

This division provides for requirements (the initial development plan requirements) for a proposed initial development plan for a proposed coal or oil shale mining lease.

Note—

For additional requirements for proposed later development plans, see section 318ED.

318DT General requirements

(1)The proposed plan must provide for each of the following—
(a)an overview of the activities proposed to be carried out under the proposed mining lease during all of its proposed term;
(b)for each year of the plan period—
(i)the nature and extent of activities proposed to be carried out under the proposed mining lease during the year; and
(ii)where the activities are proposed to be carried out;
(c)for each mineral the applicant proposes to mine under the proposed mining lease, each of the following—
(i)the location and an estimate of the resources of the mineral in all of the area, or proposed area, of the proposed mining lease;
(ii)the standards and procedures used to make the estimate;
(iii)the rate and amount of the proposed mining;
(iv)approximately when the proposed mining is to start;
(v)a schedule for the proposed mining during the plan period;
(d)maps that show the matters mentioned in paragraphs (b) and (c)(i), (iii) and (iv);
(e)any other information relevant to the criteria mentioned in section 318EF;
(f)reasons why the plan is considered appropriate;
(g)another matter prescribed under a regulation.
(2)A regulation may impose requirements about the form of the development plan.
(3)In this section—
year, of the plan period, means—
(a)the period starting on the day the plan period starts and ending on the first anniversary of that day; and
(b)each subsequent period of 12 months or less during the plan period, starting on each anniversary of that day and ending on—
(i)the next anniversary of that day; or
(ii)if the plan period ends before the next anniversary—the day the plan period ends.

318DU Plan period

(1)The proposed plan must state its period.
(2)The period must not be longer than—
(a)if the term sought for the mining lease is less than 5 years from the granting of the mining lease—the term of the mining lease; or
(b)if the term sought for the mining lease is 5 years or more—5 years from the start of the term.

318DV Statement about interests of relevant petroleum tenure holder

The proposed plan must include a statement of how the effects on, and the interests of, any relevant overlapping or adjacent petroleum tenure holder have, or have not, been considered, having regard to—
(a)the main purposes of this chapter; and
(b)the CSG assessment criteria, other than the initial development plan requirements.

318DW Requirement to optimise use of incidental coal seam gas

The activities provided for under the proposed plan must seek to optimise the use of incidental coal seam gas in a safe and efficient way if it is commercially and technically feasible to do so.

318DX Consistency with petroleum lease development plan and relevant coordination arrangement

If all or part of the land in the area of the proposed mining lease is in the area of a petroleum lease (the relevant land), the proposed plan must, to the extent it applies to the relevant land, be consistent with—
(a)the development plan for the petroleum lease; and
(b)any coordination arrangement relating to the relevant land.

Division 3 Approval of proposed initial development plans

318DY Application of div 3

This division applies to all coal mining lease and oil shale mining lease applications.

318DZ Ministerial approval of proposed plan

(1)The Minister must decide whether to approve the applicant’s proposed development plan for the proposed mining lease.
(2)If the proposed plan is not approved the application must be rejected.

318EAmendment of proposed plan before approval

(1)The applicant may, by lodged notice, amend the proposed development plan at any time before the Minister decides whether to approve the applicant’s proposed development plan.
(2)The notice must be accompanied by the amended proposed plan.

318EA Deciding whether to approve proposed plan

(1)The Minister may approve or refuse to approve the proposed development plan.
(2)The matters that must be considered in deciding whether to approve the proposed plan include each of the following—
(a)the potential of the area of the proposed mining lease for each of the following (the activities)—
(i)mining;
(ii)each other purpose for which the lease is sought;
(b)the nature and extent of the activities;
(c)when and where the activities are proposed to be carried out;
(d)whether the mining of minerals that, under section 234, are sought to be specified in the lease will be optimised in the best interests of the State, having regard to the public interest;
(e)the CSG assessment criteria.

Division 4 Approval of proposed later development plans

318EB Obligation to lodge proposed later development plan

(1)It is a condition of each coal or oil shale mining lease that its holder must lodge a proposed later development plan for the mining lease as provided for under this section.

Note—

If the holder wishes to renew the lease, a proposed later development plan must be included in the renewal application. See section 318DI(2)(c).
(2)The condition is complied with only if the proposed later development plan—
(a)is lodged; and
(b)complies with the later development plan requirements; and
(c)is accompanied by the relevant fee.
(3)A proposed later development plan must be lodged—
(a)at least 40, but no more than 100, business days before the end of the plan period for its current development plan (the current plan period); or
(b)as soon as practicable after the holder proposes or becomes aware of a significant change to the nature and extent of an authorised activity that is not already dealt with under the current development plan for the lease; or
(c)within 20 business days after a coordination arrangement relating to the lease ends.
(4)However, if before the end of the current plan period, a decision is made not to approve a proposed later development plan lodged under subsection (3), the holder may, within the period, lodge another proposed later development plan.
(5)If the holder does not lodge any proposed later development plan before the end of the current plan period or if subsection (4) applies and the holder does not lodge another proposed later development plan within the current plan period—
(a)the holder must be given a notice requiring the holder to lodge a proposed later development plan for the lease within 40 business days after the giving of the notice; and
(b)the holder must comply with the requirement.
(6)In this section—
relevant fee, for the lodgement of the proposed plan, means—
(a)if the proposed plan is lodged within the time required under subsection (3)—the fee prescribed under a regulation; or
(b)if the proposed plan is lodged after the time required under subsection (3)—
(i)if it is lodged under subsection (4)—nil; or
(ii)if it is not lodged under subsection (4)—an amount that is 10 times the prescribed fee.

318EC Consequence of failure to comply with notice to lodge proposed later development plan

(1)If a coal or oil shale mining lease holder does not comply with a requirement under section 318EB(5)(a), the lease is cancelled.
(2)However, the cancellation does not take effect until the holder is given a notice stating that the lease has been cancelled because of the operation of subsection (1).

318ED Later development plan requirements

(1)A proposed later development plan must—
(a)comply with the initial development plan requirements, as if the reference in section 318DU(2) to the term sought for the mining lease were a reference to the remaining term, or the renewed term, of the lease; and

Note—

For requirements for proposed initial development plans, see division 2.
(b)highlight any significant changes from the current development plan for the mining lease; and
(c)state whether the current development plan has been complied with; and
(d)if the current development plan has not been complied with—state the details of, and the reasons for, each noncompliance.
(2)For subsection (1), section 318DU applies as if a reference to the term sought for the mining lease is a reference to the term of the mining lease.
(3)If the effect of the proposed plan is to significantly change an activity provided for under the current development plan, the proposed plan must also state reasons for the change.
(4)The requirements under subsection (1), as applied under subsection (2), and subsection (3) are the later development plan requirements.

318EE Mining lease taken to have development plan until decision on whether to approve proposed later development plan

(1)This section applies until the happening of the following event if, under section 318EB, the holder lodges a proposed later development plan before the end of the plan period for the current development plan for the mining lease—
(a)if the proposed plan is approved—the holder is given notice of the approval;
(b)if approval of the proposed program is refused—when the refusal takes effect.

Note—

For when the decision takes effect, see section 318EH.
(2)Despite the ending of the plan period for the current development plan—
(a)the mining lease is taken to have a development plan; and
(b)the holder may carry out any authorised activity for the lease.

318EF Criteria for deciding whether to approve proposed plan

The matters that must be considered in deciding whether to approve the proposed later development plan include each of the following—
(a)the criteria under section 318EA for deciding whether to approve a proposed initial development plan;
(b)the extent to which the current development plan for the mining lease has been complied with;
(c)the CSG assessment criteria;
(d)the effect of any approval of the proposed plan on any relinquishment condition for the mining lease;
(e)if the proposed plan provides for a significant change that is a cessation or reduction of mining or other purposes for which the mining lease is granted—
(i)whether the cessation or reduction is reasonable; and
(ii)whether the mining lease holder has taken all reasonable steps to prevent the cessation or reduction.

318EG Power to require partial surrender application

(1)This section applies if the proposed plan provides for a significant change that is a cessation or reduction of mining or other purposes for which the mining lease is granted.
(2)The Minister may approve the proposed plan, but—
(a)decide (a deferral decision)—
(i)to defer the taking of effect of the approval until the mining lease holder applies under section 309 to surrender a stated part or percentage of the area of the lease on or before a stated day; and
(ii)that the decision to approve the proposed plan is replaced by a decision not to approve it if the surrender application is not made on or before the stated day; or
(b)impose a condition on the mining lease requiring its holder to apply under section 309 to surrender a stated part or percentage of the area of the lease at stated times or intervals.
(3)The public interest must be considered before making a deferral decision or imposing the condition.

318EH Steps after, and taking effect of, decision

(1)On approval of the proposed later development plan, the chief executive must give the holder notice of the approval.
(2)For the following, the notice must be an information notice—
(a)a decision to refuse to approve the proposed plan;
(b)an approval of the proposed plan that, under section 318EG, is deferred;
(c)a decision under section 318EG(2)(b).
(3)An approval without any deferral under section 318EG(2)(a) takes effect when the holder is given the notice or, if the notice states a later day of effect, on that later day.
(4)A refusal does not take effect until the end the appeal period under section 318EI.
(5)In this section—
information notice means a notice stating—
(a)the reasons for the decision; and
(b)that the holder may appeal against the decision; and
(c)how to appeal.

Division 5 Appeals

318EI Right of appeal against cancellation, deferral or refusal

(1)This section applies if—
(a)under section 318DZ, it is decided not to approve a proposed development plan; or
(b)under section 318EC, it is decided to cancel the mining lease; or
(c)it is decided not to approve the proposed later development plan; or
(d)under section 318EG, it is decided to defer an approval of the later development plan.
(2)The Petroleum and Gas (Production and Safety) Act, chapter 12, part 2, applies, with necessary changes, as if—
(a)the decision were mentioned in schedule 1, table 2 of that Act; and
(b)the schedule stated the Land Court as the appeal body for the decision; and
(c)a reference in that part to an information notice were a reference to a notice under section 318EH.

Part 10 Confidentiality of information

318EJ Application of pt 10

(1)This part applies if a tenure holder or a person who has applied for a tenure (the information-giver) gives another tenure holder or a person who has applied for a tenure (the recipient) information—
(a)that this chapter requires the information-giver to give the recipient, including, for example, information given to comply with section 318AW(a); or
(b)for the purposes of this chapter.
(2)However, this part applies subject to any agreement between the information-giver and the recipient about the information or its use.
(3)In this section—
information means information given verbally or in writing.
tenure means a coal or oil shale mining tenement or a petroleum tenure.

318EK Confidentiality obligations

(1)The recipient must not disclose the information to anyone else, unless—
(a)the information is publicly available; or
(b)the disclosure is—
(i)to someone else whom the recipient has authorised to carry out the authorised activities for the recipient’s coal or oil shale mining tenement or petroleum tenure; or
(ii)made with the information-giver’s consent; or
(iii)expressly permitted or required under this or another Act; or
(iv)to the Minister.
(2)The recipient may use the information only for the purpose for which it is given.

318EL Civil remedies

If the recipient does not comply with section 318EK, a court of competent jurisdiction may order the recipient to pay the information-giver all or any of the following—
(a)compensation for any loss the information-giver incurred because of the failure to comply with the section;
(b)the amount of any commercial gain the recipient made because of the failure to comply with the section.

Chapter 9 Provisions for geothermal tenures and GHG authorities

Part 1 Preliminary

318ELAM Relationship with chs 2 to 8 and ch 12, pt 1

(1)Requirements and restrictions under this chapter apply as well as any relevant requirements and restrictions under chapters 2 to 8 and chapter 12, part 1.
(2)If this chapter imposes a requirement for or a restriction on the granting of a mining lease, the mining lease can not be granted if the restriction applies or if the requirement has not been complied with.
(3)If a provision of this chapter conflicts with a provision of any of chapters 2 to 8 and chapter 12, part 1 the provision of this chapter prevails to the extent of the inconsistency.
(4)This chapter does not otherwise limit or affect the requirements of chapters 2 to 8 and chapter 12, part 1.
(5)Subsection (6) applies if this chapter imposes a requirement for or a restriction on the carrying out of an authorised activity for a mining tenement.
(6)Despite chapters 2 and 6, the activity is not an authorised activity for the mining tenement while the restriction applies or if the requirement has not been complied with.

318ELAN What is an overlapping authority (geothermal or GHG)

(1)An overlapping authority (geothermal or GHG), for a mining tenement, is any geothermal tenure or GHG authority all or part of the area of which is in the mining tenement’s area.
(2)An overlapping authority (geothermal or GHG), for a proposed mining tenement, is any geothermal tenure or GHG authority all or part of the area of which will, if the proposed mining tenement is granted, be in the mining tenement’s area.

318ELAO General provision about mining tenements for land subject to geothermal tenure or GHG authority

Subject to the other provisions of this chapter, chapters 2 to 8 and chapter 12, part 1, the Geothermal Act, GHG storage Act, a geothermal tenure or a GHG authority does not limit or otherwise affect—
(a)the power under this Act to grant a mining tenement over land in the area of an overlapping authority (geothermal or GHG) for the proposed mining tenement; or
(b)the carrying out of authorised activities for a mining tenement.

Part 2 Obtaining mining lease if overlapping tenure

Division 1 Preliminary

318ELAP Application of pt 2

This part applies if—
(a)a person (the applicant) wishes to make a mining lease application; and
(b)there is an overlapping authority (geothermal or GHG) for the proposed mining lease; and
(c)the overlapping authority (geothermal or GHG) is a geothermal tenure or GHG tenure (the overlapping tenure).

Division 2 Requirements for application

318ELAQ Requirements for making application

(1)The mining lease application must include—
(a)a statement complying with section 318ELAR (an information statement); and
(b)other information addressing the matters mentioned in subsection (2) (the assessment criteria).

Note—

Chapter 8, part 9 also imposes development plan requirements for a proposed coal mining lease or oil shale mining lease.
(2)The assessment criteria are—
(a)the potential for the parties to make the following for the proposed mining lease—
(i)for a geothermal tenure—a geothermal coordination arrangement;
(ii)for a GHG tenure—a GHG coordination arrangement; and
(b)the economic and technical viability of the concurrent or coordinated carrying out of authorised activities for the proposed mining lease and the overlapping tenure; and
(c)the public interest.

318ELAR Content requirements for information statement

The information statement must assess—
(a)the likely effect of proposed activities under the proposed mining lease on the future carrying out of authorised activities for the overlapping tenure; and
(b)the technical and commercial feasibility of coordinating the proposed activities and the future carrying out of the authorised activities.

Division 3 Consultation provisions

318ELAS Applicant’s information obligation

(1)The applicant must within 10 business days after making the mining lease application give the overlapping tenure holder a copy of the application.
(2)If the Minister is reasonably satisfied the applicant has not complied with subsection (1), the Minister may refuse the mining lease application.

318ELAT Submissions by overlapping tenure holder

(1)The overlapping tenure holder may lodge submissions about the mining lease application (holder submissions).
(2)However, holder submissions may be lodged only within 4 months after the holder is given a copy of the application.
(3)Holder submissions may do all or any of the following—
(a)state that the holder does not object to the granting of the proposed mining lease;
(b)if the overlapping tenure is a geothermal permit or GHG permit—
(i)state that the holder does not wish any priority for the carrying out of authorised activities for any future lease that may arise from the permit (overlapping authority priority); or
(ii)include a proposal by the overlapping tenure holder for the authorised activities for which overlapping authority priority is sought;
(c)include information about authorised activities carried out under the overlapping tenure;
(d)include information relevant to the assessment criteria.
(4)The holder must give the applicant a copy of the holder submissions.

Division 4 Resource management decision if overlapping permit

318ELAU Application of div 4

(1)This division applies if—
(a)the overlapping tenure is a geothermal permit or GHG permit (the overlapping permit); and
(b)the overlapping permit holder has lodged holder submissions within 4 months after the holder was given a copy of the application; and
(c)the submissions state that the holder wishes overlapping authority priority.
(2)However, this division does not apply if under the Geothermal Act, chapter 5 or the GHG storage Act, chapter 4, overlapping authority priority has been given for any of the relevant land.

Note—

If this subdivision does not apply, the mining lease application proceeds immediately to a decision under chapter 6, part 1 as affected by division 7.

318ELAV Operation of div 4

This division provides for the Minister to make a decision (the resource management decision) about whether—
(a)to grant the mining lease under section 271A; or
(b)to give any overlapping authority priority for all or part of the relevant land; or
(c)not to grant the mining lease and not to give any overlapping authority priority for all or part of the relevant land.

318ELAW Criteria for decision

The Minister must consider the following in making the resource management decision—
(a)the information statement;
(b)the assessment criteria;
(c)the holder submissions;
(d)the public interest.

318ELAX Restrictions on giving overlapping authority priority

Overlapping authority priority may be given only if the Minister considers—
(a)either—
(i)it is unlikely the applicant and the overlapping permit holder will enter into—
(A)for a geothermal permit—a geothermal coordination arrangement; or
(B)for a GHG permit—a GHG coordination arrangement; or
(ii)an arrangement mentioned in subparagraph (i) for the proposed mining lease is not commercially or technically feasible; and
(b)the public interest would be best served by not granting a mining lease to the applicant first.

Division 5 Process if resource management decision is to give overlapping authority priority

318ELAY Application of div 5

This division applies only if, under division 4, a resource management decision is required and the decision is to give overlapping authority priority for all or part of the relevant land.

318ELAZ Notice to applicant and overlapping permit holder

(1)The chief executive must give the applicant and the overlapping permit holder written notice of the resource management decision.
(2)The notice must invite the overlapping permit holder to, within 6 months after the giving of the notice (the overlapping authority application period), apply for a lease as follows (an overlapping lease) for the land mentioned in subsection (3)—
(a)if the overlapping permit is a geothermal permit—a geothermal lease;
(b)if the overlapping permit is a GHG permit—a GHG lease.
(3)For subsection (2), the land is—
(a)if the overlapping authority priority is for all of the land—for all of the land; or
(b)if the priority is for part of the land—for that part.

318ELBA Overlapping lease application for all of the land

(1)This section applies if—
(a)the overlapping authority priority is for all of the land; and
(b)within the overlapping authority application period the overlapping permit holder applies for an overlapping lease for all of the land.
(2)A further step can not be taken to decide the mining lease application until after the overlapping lease application has been decided.

Note—

The Geothermal Act, chapter 5, part 5 and the GHG storage Act, chapter 4, part 5 provide for refusal of the overlapping lease application if it is not pursued in a timely manner.
(3)If the decision on the overlapping lease application is to grant an overlapping lease for all of the land, the mining lease application is taken to have lapsed.

318ELBB Overlapping lease application for part of the land

(1)This section applies if the overlapping permit holder applies for an overlapping lease for part of the land within the overlapping authority application period.
(2)The person who made the mining lease application may amend it so that a mining lease is only sought for all or part of the rest of the land.
(3)Unless the amendment is made, a further step can not be taken to decide the mining lease application until after the overlapping lease application has been decided.
(4)If—
(a)the amendment has not been made; and
(b)the decision on the overlapping lease application is to grant an overlapping lease for part of the land;

the person who made the mining lease application may amend it so that a mining lease is only sought for all or part of the rest of the land.

Note—

If the mining lease application is not amended, see section 318ELBF (Application may be refused if no reasonable prospects of future geothermal or GHG coordination arrangement).

318ELBC No overlapping lease application

If the overlapping permit holder does not apply for an overlapping lease for any of the land within the overlapping authority application period, the mining lease application may be decided.

Division 6 Resource management decision not to grant and not to give priority

318ELBD Lapsing of application

The mining lease application is taken to have lapsed if—
(a)under division 4, a resource management decision is required; and
(b)the decision was not to grant the mining lease and not to give any overlapping authority priority for any of the relevant land.

Division 7 Deciding application

318ELBE Application of div 7

This division applies only if—
(a)the overlapping tenure holder has not lodged holder submissions within 4 months after the holder was given a copy of the application (the submission period) or at all; or
(b)the overlapping tenure holder has lodged holder submissions within the submission period stating that the holder does not wish any overlapping authority priority; or
(c)under division 4, a resource management decision is required and—
(i)the resource management decision is not to give overlapping authority priority for any of the relevant land; or
(ii)the resource management decision is to give overlapping authority priority for all or part of the relevant land and after division 5 has been complied with the Minister decides to grant a mining lease for the land.

318ELBF Application may be refused if no reasonable prospects of future geothermal or GHG coordination arrangement

(1)This section applies if—
(a)the Minister is satisfied the applicant and the overlapping tenure holder have made reasonable attempts to reach the following (a relevant arrangement)—
(i)if the overlapping tenure is a geothermal permit—a proposed geothermal coordination arrangement;
(ii)if the overlapping tenure is a GHG permit—a proposed GHG coordination arrangement; and
(b)either—
(i)the overlapping tenure holder has lodged a written notice stating there are no reasonable prospects of a relevant arrangement being made; or
(ii)a relevant arrangement has not been lodged for approval by the Minister and the Minister considers the applicant and the overlapping tenure holder have had a reasonable opportunity to make a relevant arrangement.
(2)The Minister may decide to refuse the application.

318ELBG Additional criteria for deciding provisions of mining lease

(1)In making a decision as follows, regard must be had to the prescribed criteria—
(a)deciding conditions of the mining lease under section 276(1)(n);
(b)deciding the term of the lease under section 284.
(2)In this section—
prescribed criteria means all of the following—
(a)the information statement;
(b)the assessment criteria;
(c)any holder submissions;
(d)the effect of the mining lease on the safe and efficient carrying out of authorised activities for the overlapping tenure;
(e)for an overlapping permit—the effect of the mining lease on the safe and efficient carrying out of authorised activities for any future lease that may arise from the permit.

318ELBH Publication of outcome of application

(1)After the Minister decides whether or not to grant the mining lease, the chief executive must publish a notice about the outcome of the mining lease application in or on at least 1 of the following—
(a)the gazette;
(b)the department’s website;
(c)another publication the chief executive considers appropriate.
(2)The notice must state—
(a)the decision; and
(b)if the decision was to grant the mining lease—all conditions decided by the Minister; and
(c)if, under division 4, a resource management decision is required and the decision is to give overlapping authority priority for all or part of the land—the decision and the reasons for it.
(3)However, if the chief executive considers information in a condition is commercial-in-confidence, the chief executive may instead of publishing the condition publish a statement about its intent.

Part 3 Priority to particular geothermal or GHG lease applications

318ELBI Earlier geothermal or GHG lease application

If—
(a)a mining lease application is made; and
(b)before the making of that application, an application (the other application) was made for a geothermal lease or GHG lease (the other proposed lease) but not decided; and
(c)the other application had not been decided before the making of the mining lease application; and
(d)the other proposed lease would, if it were granted, be an overlapping authority (geothermal or GHG) for the proposed mining lease;

the mining lease application must not be decided until the other application has been decided.

318ELBJ Proposed geothermal or GHG lease for which EIS approval given

(1)This section applies for a mining lease application if—
(a)before the making of the application, an approval under the Environmental Protection Act, chapter 3, part 2 was granted for the voluntary preparation of an EIS; and
(b)the EIS is for a project that is, or includes, a proposed geothermal lease or GHG lease (the proposed lease) for land the subject of the application.
(2)The application must not be decided until—
(a)if no application is made for the proposed lease within 1 year after the granting of the approval—the end of that year; or
(b)if an application is made for the proposed lease within that year—that application is decided.

318ELBK Proposed GHG lease declared a coordinated project

(1)This section applies for a mining lease application if—
(a)before the making of the mining lease application a coordinated project was declared; and
(b)the project is, or includes, a proposed geothermal lease or GHG lease (the proposed lease) for land applied for in the application.
(2)The application must not be decided until—
(a)if no application is made for the proposed lease within 1 year after the making of the declaration—the end of that year; or
(b)if an application is made for the proposed lease within that year—that application is decided.

Part 4 Mining lease applications in response to invitation under Geothermal Act or GHG storage Act

318ELBL Application of pt 4

This part applies if—
(a)a mining lease application is made in response to an invitation given because of a resource management decision under the Geothermal Act or the GHG storage Act; and
(b)the application is made within 6 months after the giving of the invitation.

318ELBM Minister may refuse application

The Minister may refuse the application if satisfied the applicant has not, in a timely manner—
(a)taken any step for the application required of the applicant under chapter 6, chapter 8 or this chapter; or
(b)satisfied the Minister about a matter that, under chapter 6, chapter 8 or this chapter, is required for the Minister to grant the mining lease.

Part 5 Additional provisions for particular mining tenements

Division 1 Restrictions on authorised activities for particular mining tenements

318ELBN Prospecting permit overlapping with geothermal or GHG lease

(1)This section applies if—
(a)land in the area of a prospecting permit is in the area of a geothermal lease or GHG lease; and
(b)the prospecting permit and the geothermal lease or GHG lease are not held by the same person.
(2)An authorised activity for the prospecting permit may be carried out on the land only if—
(a)the geothermal lease or GHG lease holder has not, in the way required under subsection (3), objected to the carrying out of the activity; or
(b)if an objection under paragraph (a) has been made—the Minister has, under section 318ELBP, decided the authorised activity may be carried out.

Note—

For notice of authorised activities, see section 318ELBS.
(3)The objection must be written and given to the prospecting permit holder and lodged.

318ELBO Other overlapping authorities

(1)This section applies if land is in the area of a mining tenement and a geothermal tenure or GHG authority and section 318ELBN does not apply.
(2)An authorised activity for the mining tenement can not be carried out on the land if—
(a)carrying out the activity adversely affects the carrying out of an authorised activity for the geothermal tenure or GHG authority; and
(b)the authorised activity for the geothermal tenure or GHG authority has already started.

318ELBP Resolving disputes

(1)This section applies if, under section 318ELBN, a geothermal lease or GHG lease holder has objected to the carrying out of an authorised activity by a prospecting permit holder.
(2)This section also applies if—
(a)section 318ELBO applies to a mining tenement holder and a geothermal tenure or GHG authority holder; and
(b)there is a dispute between the holders about whether an authorised activity for the mining tenement can be carried out under that section.
(3)Either of the parties may, by a notice in the approved form, ask the Minister to decide—
(a)for section 318ELBN—whether the authorised activity may be carried out under that section; or
(b)for section 318ELBO—whether the authorised activity may be carried out under that section.
(4)Before making the decision, the Minister must give the parties a reasonable opportunity to make submissions about the request within a reasonable period.
(5)The Minister must, after complying with subsection (4) and considering any submission made under that subsection, decide the matter and give the parties notice of the decision.
(6)The Minister’s decision binds the parties.
(7)If the request is about a matter mentioned in subsection (1), the Minister may impose conditions on any decision that the authorised activity may be carried out.
(8)In this section—
parties means—
(a)for a request about a matter mentioned in subsection (1)—the prospecting permit holder and the geothermal lease or GHG lease holder; or
(b)for a request about a matter mentioned in subsection (2)—the mining tenement holder and the geothermal tenure or GHG authority holder.

Division 2 Provisions about conditions

318ELBQ Notice by particular mining tenement holders to particular geothermal tenure or GHG authority holders or applicants

(1)This section applies if—
(a)a mining tenement as follows is granted—
(i)a mining claim;
(ii)a mineral development licence;
(iii)an exploration permit; and
(b)land in the mining tenement’s area is in the area of, or in a proposed area under an application for, a geothermal tenure or GHG authority other than a geothermal lease or GHG lease.
(2)It is a condition of the mining tenement that its holder must within 20 business days after the holder receives notice of the grant of the tenement give the geothermal tenure or GHG authority holder or the applicant a written notice stating—
(a)the mining tenement has been granted; and
(b)the mining tenement holder’s name; and
(c)the term of the mining tenement.

318ELBR Restriction on varying conditions of particular mining leases

If there is an overlapping authority (geothermal or GHG) for a mining lease, a condition of the mining lease must not be varied under section 294 unless the interests of the authority holder have been considered.

318ELBS Condition to notify particular authority holders of proposed start of designated activities

(1)This section applies to a mining tenement holder if there is either of the following (the other authority) for the mining tenement—
(a)an overlapping authority (geothermal or GHG);
(b)a geothermal tenure or GHG authority sharing a common boundary with the mining tenement.
(2)Before the mining tenement holder first starts a designated activity in the other authority’s area, the mining tenement holder must give the other authority holder at least 30 business days notice of the activity.
(3)A notice under subsection (2) must be written and state—
(a)when the designated activity is to start; and
(b)where the designated activity is to be carried out; and
(c)the nature of the activity.
(4)Before changing the land on which the designated activity is being carried out, the mining tenement tenure holder must give the other authority holder at least 30 business days notice in writing stating where the activity is to be carried out.
(5)Compliance with this section is a condition of the mining tenement.
(6)In this section—
designated activity means any authorised activity for the mining tenement, other than—
(a)an authorised activity for the mining tenement that is the same as or similar to an incidental activity under the Petroleum and Gas (Production and Safety) Act, section 33 or 112; or
(b)an activity only involving selecting places where other authorised activities for the mining tenement may be carried out.

318ELBT Requirement to continue geothermal or GHG coordination arrangement after renewal of or dealing with mining lease

(1)This section applies if—
(a)a mining lease has an overlapping authority (geothermal or GHG) that is a geothermal lease or GHG lease (the other lease); and
(b)a geothermal coordination arrangement or GHG coordination arrangement applies to the mining lease; and
(c)a renewal, transfer, consolidation or subletting takes place for the mining lease.
(2)It is a condition of the mining lease that its holder must continue to be a party to a GHG coordination arrangement for the mining lease while the other lease continues in force.

Chapter 11 Royalties

Part 1 Payment of royalty

320Royalty return and payment

(1)The holder of a mining claim, mining lease or other authority under this Act or any other Act relating to mining who mines or allows to be mined mineral, whether or not the Crown has the property in the mineral, from the area of that mining claim, mining lease or other authority shall pay royalty as prescribed at the rate for the time being prescribed in respect of that mineral.
(2)Subsection (1) does not apply in respect of—
(a)coal, that is not the property of the Crown, mined under the authority of a mining lease granted or renewed or deemed to be granted or renewed under this Act for as long as there subsists an agreement made prior to the commencement of the Mining Act Amendment Act 1976 with the owner of the coal or the owner’s predecessor in title as to the royalty to be paid to the owner in respect of the coal mined or where such an agreement has, as provided in that agreement, been renewed, whether before or after the commencement of the Mining Act Amendment Act 1976 for as long as there subsists a renewal of such an agreement; or
(b)mineral, that is not the property of the Crown and is not referred to in paragraph (a), mined under the authority of a mining claim or mining lease granted or renewed under this Act for so long as there subsists an agreement made prior to the commencement of this Act with the owner of the mineral or the owner’s predecessor in title as to the royalty to be paid to the owner in respect of the mineral mined or where such an agreement has, as provided in that agreement, been renewed, whether before or after the commencement of this Act for so long as there subsists a renewal of such an agreement.
(3)Where mineral is mined under the authority of a mining claim or a mining lease royalty payable under this chapter shall be payable—
(a)where the Crown has the property in the mineral—to the Crown; or
(b)in any other case—to the person who has the property in the mineral.
(4)The holder of a mining claim, mining lease or another authority under this Act or another Act about mining who mines mineral or allows mineral to be mined from the area of the mining claim, mining lease or other authority must, whether or not the State has property in the mineral, lodge royalty returns as required under a regulation.
(5)Unless a regulation otherwise provides, the holder of a mining claim or mining lease that authorises the mining of minerals for which royalty is or would be payable must lodge a royalty return whether or not mineral has been mined during the period of the return.
(6)Where, during a period in respect of which a royalty return is required to be lodged, mineral is mined by more than 1 person under a mining claim or mining lease or other authority under this Act or any other Act the holder shall ensure lodgement of the prescribed royalty return and payment of the prescribed royalty in respect of all mineral mined during the whole of the period under the mining claim, mining lease or other authority.
(7)A person who mines mineral from land other than under a mining claim, mining lease or other authority mentioned in subsection (1) or (2), must, whether or not the State has the property in the mineral—
(a)lodge the royalty returns as required under a regulation; and
(b)pay royalty to the State or anyone else who has property in the mineral at the rate required under a regulation.
(8)The Minister may in the Minister’s discretion determine that for the purpose of calculating royalty payable under this chapter, mineral has been mined under the 1 mining operation notwithstanding that that operation may be carried on under more than 1 authority granted under this or any other Act to mine that mineral.

321Prescription of royalty

(1)Regulations made pursuant to section 417, may prescribe the royalties payable in respect of mineral mined from land to the Crown or other person who had the property in the mineral.
(2)Royalty may be prescribed whether the obligation to pay the royalty arises under this Act or under any agreement made with the State of Queensland or under any undertaking given by any person and shall be calculated at such rate or rates, in such manner and on such basis or bases as are prescribed by regulation.
(3)Without limiting the authority of the Governor in Council to regulate with respect to royalty, a rate of royalty and the manner and basis of its calculation—
(a)may be prescribed by reference to the quantity of mineral-bearing ore removed or by reference to the quantity of mineral mined;
(b)may be prescribed by reference to a proportion of the profits made from specified operations or from a particular operation or of the gross proceeds of the sale or disposal of the product o