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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
MINERAL RESOURCES
AMENDMENT BILL 1995
Queensland
MINERAL RESOURCES AMENDMENT
BILL 1995
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Amendment of s 1.4 (Application of Act to Commonwealth land
and territorial sea of Australia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Amendment of s 1.8 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
6 Insertion of new ss 1.8A and 1.8B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
1.8A Meaning of "contaminated land" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
1.8B When educational institution is an eligible person . . . . . . . . . . . . . . 17
7 Amendment of s 1.9 (Crown's property in minerals) . . . . . . . . . . . . . . . . . . 17
8 Amendment of s 1.10 (Exclusive right of Crown to grant mining
leases etc. irrespective of ownership of mineral) . . . . . . . . . . . . . . . . . . . . . 18
9 Replacement of ss 3.1-3.5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 1--Prospecting permit categories and entitlements
3.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
3.2 Categories of prospecting permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
3.3 Area of land covered by parcel prospecting permit . . . . . . . . . . . . . 19
3.4 Land excluded from prospecting permit . . . . . . . . . . . . . . . . . . . . . . . 19
3.5 Prospecting permit to be granted to a single person . . . . . . . . . . . . . 20
3.5A Entitlements under prospecting permit . . . . . . . . . . . . . . . . . . . . . . . . 20
3.5B Consent required to enter certain land . . . . . . . . . . . . . . . . . . . . . . . . 20
3.5C Provisions about consents to enter land . . . . . . . . . . . . . . . . . . . . . . . 21
Division 2--Other provisions about prospecting permits
3.5D Application for prospecting permit . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
2
Mineral Resources Amendment
10 Amendment of s 3.8 (Grant of prospecting permit) . . . . . . . . . . . . . . . . . . . . 22
11 Amendment of s 3.10 (Provision of security) . . . . . . . . . . . . . . . . . . . . . . . . 23
12 Replacement of s 3.13 (Term of prospecting permit) . . . . . . . . . . . . . . . . . . 24
3.13 Term of prospecting permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
13 Amendment of s 3.15 (Mining registrar to notify owners of
occupied land of grant of prospecting permit) . . . . . . . . . . . . . . . . . . . . . . . . 25
14 Replacement of s 3.16 (Prior notice of entry to be served) . . . . . . . . . . . . . 25
3.16 Notice of entry under parcel prospecting permit . . . . . . . . . . . . . . . . 25
15 Replacement of s 3.22 (Review of mining registrar's determination) . . . . . 26
3.22 Appeals about prospecting permits . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
3.22A How to start an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
3.22B Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
3.22C Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
3.22D Powers of Wardens Court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . 28
16 Replacement of s 3.27 (Staying on occupied land) . . . . . . . . . . . . . . . . . . . 29
17 Replacement of s 4.4 (Land over which mining claim not to be
granted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
18 Amendment of s 4.6 (Area and shape of mining claim land) . . . . . . . . . . . 30
19 Amendment of s 4.14 (Application for grant of mining claim) . . . . . . . . . . 31
20 Amendment of s 4.17 (Certificate of application etc.) . . . . . . . . . . . . . . . . . 31
21 Replacement of s 4.18 (Owner of land may request conference) . . . . . . . . 32
4.18 Mining registrar may call conference in some cases . . . . . . . . . . . . 32
4.18A Who may attend conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
4.18B What happens if someone does not attend . . . . . . . . . . . . . . . . . . . . 33
4.18C Mining registrar's function at section 4.18 conference . . . . . . . . . . . 33
4.18D Agreements and statements at section 4.18 conference . . . . . . . . . . 33
4.18E Wardens Court may award costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
22 Amendment of s 4.19 (Objection to application for grant of
mining claim) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
23 Replacement of s 4.22 (Grant of mining claim where no
objection to application and necessary consents obtained) . . . . . . . . . . . . . 35
4.22 Grant of mining claim to which no objection is lodged . . . . . . . . . . 35
3
Mineral Resources Amendment
24 Replacement of s 4.24 (Reference to Wardens Court where
owner of reserve does not consent to grant of mining claim . . . . . . . . . . . . 35
4.24 Reference of application to Wardens Court if consent of
reserve's owner is not given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
25 Amendment of s 4.25 (One hearing by Wardens Court) . . . . . . . . . . . . . . . . 36
26 Amendment of s 4.28 (Grant of mining claim at instruction of
Wardens Court or with consent of Governor in Council) . . . . . . . . . . . . . . . 36
27 Amendment of s 4.31 (Provision of security) . . . . . . . . . . . . . . . . . . . . . . . . 36
28 Amendment of s 4.33 (Compensation to be settled before
granting of mining claim) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
29 Amendment of s 4.34 (Appeal against Wardens Court's
determination upon compensation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
30 Amendment of s 4.41 (Renewal of mining claim) . . . . . . . . . . . . . . . . . . . . 38
31 Amendment of s 4.43 (Rental payable on mining claim) . . . . . . . . . . . . . . 38
32 Amendment of s 4.51 (Correction of certificate of grant of mining
claim) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
33 Amendment of s 4.55 (Surrender of mining claim) . . . . . . . . . . . . . . . . . . . . 39
34 Insertion of new s 4.56A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
4.56A Rehabilitation of land covered by mining claim . . . . . . . . . . . . . . . . 40
35 Replacement of s 4.63 (Appeal against mining registrar's
determination) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
4.63 Appeals about mining claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
4.63A How to start an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
4.63B Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
4.63C Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
4.63D Powers of Wardens Court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . 42
36 Replacement of s 4.64 (Effect of termination of mining claim) . . . . . . . . . 43
4.64 Effect of termination of mining claim . . . . . . . . . . . . . . . . . . . . . . . . 43
4.64A Application may be made for approval to remove mineral
and property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
4.64B Property remaining on former mining claim may be sold etc. . . . . . 45
37 Amendment of s 5.4 (Entitlements under exploration permit) . . . . . . . . . . . 45
38 Amendment of s 5.8 (Application for exploration permit) . . . . . . . . . . . . . . 46
39 Amendment of s 5.14 (Periodic reduction in land subject to
exploration permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
4
Mineral Resources Amendment
40 Insertion of new s 5.14A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
5.14A Periodic reduction in land covered by exploration permit
for coal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
41 Amendment of s 5.15 (Conditions of exploration permit) . . . . . . . . . . . . . . 47
42 Insertion of new s 5.15A and 5.15B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
5.15A Draft guidelines for environmental impact statements . . . . . . . . . . . 48
5.15B Guidelines for environmental impact statements . . . . . . . . . . . . . . . 49
43 Amendment of s 5.16 (Provision of security) . . . . . . . . . . . . . . . . . . . . . . . . 49
44 Amendment of s 5.21 (Correction of instrument of exploration permit) . . . 51
45 Amendment of s 5.23 (Assignment of exploration permit) . . . . . . . . . . . . . . 51
46 Amendment of s 5.33 (Surrender of exploration permit) . . . . . . . . . . . . . . . 52
47 Replacement of s 5.35 (Prior notice of entry to be served) . . . . . . . . . . . . . 52
5.35 Notice of entry to be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
5.35A Term and renewal of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
48 Insertion of new s 5.36A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
5.36A Rehabilitation of land covered by exploration permits . . . . . . . . . . . 55
49 Replacement of s 5.39 (Reference by owner or holder to mining
registrar) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
5.39 Mining registrar may call conference in some cases . . . . . . . . . . . . 56
5.39A Who may attend conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
5.39B What happens if someone does not attend . . . . . . . . . . . . . . . . . . . . 57
5.39C Mining registrar's function at section 5.39 conference . . . . . . . . . . . 57
5.39D Agreements and statements at section 5.39 conference . . . . . . . . . . 57
5.39E Wardens Court may award costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
5.39F Mining registrar may recommend action to ease concerns . . . . . . . 58
50 Amendment of s 6.3 (Obligations and entitlement under mineral
development licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
51 Insertion of new s 6.3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
6.3A Land is excluded from mineral development licence if
covered by other authority under Act . . . . . . . . . . . . . . . . . . . . . . . . . 59
52 Amendment of s 6.4 (Application for mineral development licence) . . . . . 60
53 Amendment of s 6.11 (Provision of security) . . . . . . . . . . . . . . . . . . . . . . . . 61
54 Amendment of s 6.14 (Rental payable on mineral development
licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
5
Mineral Resources Amendment
55 Amendment of s 6.15 (Conditions of mineral development licence) . . . . . 61
56 Insertion of new ss 6.15A and 6.15B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
6.15A Draft guidelines for environmental impact statements . . . . . . . . . . . 62
6.15B Guidelines for environmental impact statements . . . . . . . . . . . . . . . 63
57 Amendment of s 6.17 (Assignment etc. of mineral development
licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
58 Amendment of s 6.25 (Correction of instrument of mineral
development licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
59 Insertion of new s 6.26A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
6.26A Adding other minerals to licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
60 Amendment of s 6.28 (Surrender of mineral development licence) . . . . . . 65
61 Replacement of s 6.29 (Prior notice of entry to be served) . . . . . . . . . . . . . 65
6.29A Term and renewal of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
62 Insertion of new s 6.30A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
6.30A Rehabilitation of land covered by mineral development licence . . 67
63 Replacement of s 6.33 (Reference by owner or holder to mining
registrar) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
6.33 Mining registrar may call conference in some cases . . . . . . . . . . . . 68
6.33A Who may attend conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
6.33B What happens if someone does not attend . . . . . . . . . . . . . . . . . . . . 69
6.33C Mining registrar's function at section 6.33 conference . . . . . . . . . . . 70
6.33D Agreements and statements at section 6.33 conference . . . . . . . . . . 70
6.33E Wardens Court may award costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
6.33F Mining registrar may recommend action to ease concerns . . . . . . . 71
64 Replacement of s 6.38 (Effect of termination of mineral
development licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
6.38 Effect of termination of mineral development licence . . . . . . . . . . . 71
6.38A Application may be made for approval to remove plant . . . . . . . . . 72
6.38B Plant remaining on former mineral development licence
may be sold etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
65 Insertion of new s 7.5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
7.5A Drilling and other activities on land not included in surface area . . 74
6
Mineral Resources Amendment
66 Replacement of s 7.6 (Mining lease over surface that is reserve
or near dwelling house etc. only with consent) . . . . . . . . . . . . . . . . . . . . . . . 74
7.6 Mining lease over surface of reserve or land near a
dwelling-house . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
67 Amendment of s 7.13 (Application for grant of mining lease) . . . . . . . . . . . 75
68 Insertion of new ss 7.15A and 7.15B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
7.15A Consent of certain parties with registered interests to be
obtained . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
7.15B Consent of certain parties with pending applications to be
obtained . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
69 Amendment of s 7.16 (Rejection of application by mining registrar) . . . . . 78
70 Amendment of s 7.18 (Certificate of application etc.) . . . . . . . . . . . . . . . . . 78
71 Insertion of new s 7.18A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
7.18A Reissue of certificate of application . . . . . . . . . . . . . . . . . . . . . . . . . 80
72 Replacement of s 7.19 (Owner of land may request conference) . . . . . . . . 80
7.19 Mining registrar may call conference in some cases . . . . . . . . . . . . 80
7.19A Who may attend conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
7.19B What happens if someone does not attend . . . . . . . . . . . . . . . . . . . . 81
7.19C Mining registrar's function at section 7.19 conference . . . . . . . . . . . 81
7.19D Agreements and statements at section 7.19 conference . . . . . . . . . . 81
7.19E Wardens Court may award costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
73 Amendment of s 7.20 (Objection to application for grant of
mining lease) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
74 Replacement of s 7.21 (Study into environmental impact) . . . . . . . . . . . . . 83
7.21 Minister may require environmental impact statement in
some cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
7.21A Draft guidelines for environmental impact statements . . . . . . . . . . . 84
7.21B Guidelines for environmental impact statements . . . . . . . . . . . . . . . 85
7.21C What happens after environmental impact statement is
prepared? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
75 Amendment of s 7.26 (Warden's recommendation on hearing) . . . . . . . . . . 86
76 Amendment of s 7.33 (Conditions of mining lease) . . . . . . . . . . . . . . . . . . . 86
77 Amendment of s 7.34 (Provision of security) . . . . . . . . . . . . . . . . . . . . . . . . 87
78 Amendment of s 7.38 (Determination of compensation by
Wardens Court) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
7
Mineral Resources Amendment
79 Amendment of s 7.39 (Appeal against Wardens Court's
determination upon compensation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
80 Amendment of s 7.43 (Renewal of mining lease) . . . . . . . . . . . . . . . . . . . . . 89
81 Insertion of new s 7.44A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
7.44A Holder to notify owner of grant or renewal of mining lease . . . . . . . 90
82 Omission of s 7.45 (Survey) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
83 Amendment of s 7.46 (Mining lease where area not surveyed) . . . . . . . . . . 90
84 Amendment of s 7.47 (Rental payable on mining lease) . . . . . . . . . . . . . . . 90
85 Replacement of s 7.48 (Plan of operations) . . . . . . . . . . . . . . . . . . . . . . . . . 90
7.48 Plan of operations and environmental audit statement . . . . . . . . . . . 91
7.48A Amendment of plan of operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
7.48B Duration of plan of operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
86 Amendment of s 7.50 (Variation of mining lease for accuracy etc.) . . . . . . 92
87 Amendment of s 7.54 (Consolidation of mining leases) . . . . . . . . . . . . . . . . 93
88 Amendment of s 7.64 (Surrender of mining lease) . . . . . . . . . . . . . . . . . . . . 93
89 Replacement of s 7.67 (Effect of termination of mining lease) . . . . . . . . . . 94
7.67 Effect of termination of mining lease . . . . . . . . . . . . . . . . . . . . . . . . . 95
7.67A Application for approval to remove mineral and property . . . . . . . . 95
7.67B Property remaining on former mining lease may be sold . . . . . . . . . 96
90 Amendment of s 7.68 (Approval of additional activities upon
mining lease application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
91 Replacement of s 7.69 (Mining lease for carriage through land) . . . . . . . . 97
92 Insertion of new s 7.71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
7.71 Rehabilitation of land covered by mining lease . . . . . . . . . . . . . . . . 99
93 Replacement of s 10.2 (Acting mining registrars) . . . . . . . . . . . . . . . . . . . 100
10.2 Acting mining registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
94 Amendment of s 10.7 (Powers of mining registrars and others) . . . . . . . . . 100
95 Replacement of s 10.9 (Appointment of wardens) . . . . . . . . . . . . . . . . . . . 100
10.9 Qualifications for appointment of wardens . . . . . . . . . . . . . . . . . . . 100
10.9A Appointment of wardens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
10.9B Terms and conditions of employment . . . . . . . . . . . . . . . . . . . . . . . 101
10.9C Preservation of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
10.9D Appointment of acting wardens . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
8
Mineral Resources Amendment
10.9E Jurisdiction and powers of wardens . . . . . . . . . . . . . . . . . . . . . . . . . 102
10.9F Oath to be taken by warden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
10.9G Tenure of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
10.9H Continuation of jurisdiction on retirement . . . . . . . . . . . . . . . . . . . . 103
10.9I Existing wardens continue in office . . . . . . . . . . . . . . . . . . . . . . . . . 103
96 Omission of s 10.13 (Acting wardens) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
97 Insertion of new s 10.15A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
10.15A Mining registrar may constitute Wardens Court in some cases . . 103
98 Amendment of s 10.20 (Substantive jurisdiction) . . . . . . . . . . . . . . . . . . . . 104
99 Amendment of s 10.33 (Powers of Wardens Court) . . . . . . . . . . . . . . . . . . 104
100 Replacement of s 11.20 (Directions etc. to be complied with) . . . . . . . . . 104
11.20 Directions to be complied with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
11.20A Wardens Court may review lawfulness of directions . . . . . . . . . . . 105
101 Amendment of s 11.21 (Minister may require survey) . . . . . . . . . . . . . . . . 106
102 Replacement of s 11.27 (Evidentiary provisions) . . . . . . . . . . . . . . . . . . . . 106
11.27 Evidentiary provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
103 Amendment of s 11.31 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
104 Omission of s 11.32 (Existing orders in council and rules of court) . . . . . 108
105 Insertion of ss 11.33 - 11.35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
11.33 Application of Acts Interpretation Act, s 20A . . . . . . . . . . . . . . . . . 108
11.34 References to repealed Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
11.35 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . 108
106 Amendment of Sch 2 (Savings, transitional and validation) . . . . . . . . . . . 109
107 Other Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . 110
MINOR AMENDMENTS OF MINERAL RESOURCES ACT 1989
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . 114
OTHER ACTS AMENDED
1995
A BILL
FOR
An Act to amend the Mineral Resources Act 1989, and for related
purposes
s1 10 s4
Mineral Resources Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Mineral Resources Amendment Act 1995. 3
4
Commencement
Clause 2.(1) This Act (other than section 106(1), (3) and (4)) commences on a 5
day to be fixed by proclamation. 6
(2) Section 106(1), (3) and (4) is taken to have commenced on 7
1 September 1990.1 8
Act 9
Amended
Clause 3. This Act (other than section 107 and Schedule 2) amends the Mineral 10
Resources Act 1989. 11
of s 1.4 (Application of Act to Commonwealth land and 12
Amendment
territorial sea of Australia) 13
Clause 4.(1) Section 1.4, heading, `territorial sea of Australia'-- 14
omit, insert-- 15
`coastal waters of the State'. 16
(2) Section 1.4(1), `territorial sea of Australia'-- 17
omit, insert-- 18
`coastal waters of the State'. 19
1 Section 106(1), (3) and (4) amends the Mineral Resources Act 1989, Schedule 2
(Savings, transitional and validation). The Act commenced on 1 September
1990.
s5 11 s5
Mineral Resources Amendment
of s 1.8 (Interpretation) 1
Amendment
Clause 5.(1) Section 1.8, definitions "Act relating to mining", "company", 2
"Director-General", "eligible person", "hand mining", "holder", 3
"member of the family", "mining registrar", "occupied land", 4
"officer", "owner", "reserve" and "road"-- 5
omit. 6
(2) Section 1.8-- 7
insert-- 8
` "adjoining lots" includes lots that would be adjoining lots if they were 9
not separated by a road. 10
"aggrieved person" see-- 11
· section 3.222 12
· section 4.63.3 13
"building" means a fixed, roofed structure that is completely or party 14
enclosed by walls. 15
"company" means the following entities within the meaning of the 16
Corporations Law-- 17
(a) a company; 18
(b) a recognised company; 19
(c) a registered foreign company. 20
"condition" includes term. 21
"contaminated land" see section 1.8A. 22
"district prospecting permit" see section 3.2. 23
"educational institution" means a school, college, university or university 24
college. 25
"eligible person" means-- 26
(a) an adult; or 27
2 Section 3.22 (Appeals about prospecting permits)
3 Section 4.63 (Appeals about mining claims)
s5 12 s5
Mineral Resources Amendment
(b) a company; or 1
(c) a local government that acquires a mining claim or mining lease 2
under the Local Government Act 1993, Chapter 10, Part 74; or 3
(d) an educational institution the Minister treats as an eligible person 4
under section 1.8B. 5
"enter" land includes remain on the land. 6
"environment" has the meaning given by the Environmental Protection 7
Act 1994.5 8
"environmental impact", of the use, development or protection of land, 9
includes the following-- 10
(a) positive or adverse impact on the environment; 11
(b) temporary or irreversible impact on the environment; 12
(c) cumulative impact on the environment over time or in 13
combination with other impacts because of the scale, intensity, 14
duration or frequency of the impacts; 15
(d) potential impact on the environment that-- 16
(i) is highly likely to happen; or 17
(ii) may be serious or irreversible but is unlikely to happen. 18
"environmental impact statement", for a proposed mining project, 19
means a document, prepared in accordance with guidelines under this 20
Act, about the environmental impact of the project. 21
"exploration permit" means an exploration permit under Part 5. 22
4 Part 7 is about the recovery of rates.
5 Under the Environmental Protection Act 1994, "environment" includes--
(a) ecosystems and their constituent parts, including people and communities;
and
(b) all natural and physical resources; and
(c) the qualities and characteristics of locations, places and areas, however
large or small, that contribute to their biological diversity and integrity,
intrinsic or attributed scientific value or interest, amenity, harmony and
sense of community; and
(d) the social, economic, aesthetic and cultural conditions that affect, or are
affected by, matters mentioned in paragraphs (a) to (c).
s5 13 s5
Mineral Resources Amendment
"hand mining" means mining using hand operated tools, including, for 1
example, picks, shovels, hammers, gads, sieves and windlasses, but 2
does not include mining using explosives. 3
"hazardous substance" has the meaning given by the Contaminated Land 4
Act 1991.6 5
"holder", for a prospecting permit, exploration permit, mining claim, 6
mineral development licence or mining lease, means the person in 7
whose name the permit, claim, licence or lease is recorded, and 8
includes a person mentioned in section 3.1, definition "holder". 9
"last objection day" means the last day fixed by a mining registrar for 10
objection to an application for a mining claim, exploration permit, 11
mineral development licence or mining lease. 12
"mineral development licence" means a mineral development licence 13
under Part 6. 14
"mining claim" means a mining claim under Part 4. 15
"mining project" means mining carried on under 1 or more mining leases 16
as a single integrated undertaking. 17
"mining lease" means a mining lease under Part 7. 18
"mining registrar" means-- 19
(a) for a mining district--the mining registrar assigned to the district; 20
or 21
(b) for land--the mining registrar for the mining district in which the 22
land is situated.7 23
"occupier" of land means a person (other than the owner) lawfully 24
occupying the land. 25
6 Under the Contaminated Land Act 1991, a "hazardous substance" is a substance
that because of its quantity, concentration, acute or chronic toxic effects,
carcinogenicity, teratogenicity, mutagenicity, corrosiveness, flammability, or
physical, chemical or infectious characteristics, may pose a hazard to human
health or the environment when improperly treated, stored, disposed of or
otherwise managed.
7 The mining registrar assigned to a particular mining district is the registrar of a
Wardens Court convened in the district. See also section 7.15 (Lodgment of
application where land in more than 1 mining district)
s5 14 s5
Mineral Resources Amendment
"occupied land" means land (other than land occupied under a permit 1
under the Land Act 1994) of which there is an owner, and includes a 2
reserve. 3
"officer", of a company, has the same meaning as officer of a corporation 4
under the Corporations Law. 5
"owner", of land, means-- 6
(a) for a reserve (other than land that is a reserve merely because it is 7
in the Wet Tropics Area)-- 8
(i) if the reserve is vested in a trustee--the trustee; or 9
(ii) if the reserve is a road--the entity responsible for its 10
maintenance or in which it is vested; or 11
(iii) if subparagraphs (i) and (ii) do not apply--the person in 12
whom it is vested or, if it is not vested in anyone, the 13
Minister responsible for administering the Act under which 14
it is a reserve; or 15
(b) for freehold land--the registered owner of the land; or 16
(c) if a person is, or will on performing conditions, be entitled to a 17
deed of grant in fee simple for the land--the person; or 18
(d) if an estate in fee simple of the land is being purchased from the 19
State--the purchaser; or 20
(e) for a State forest or timber reserve under the Forestry Act 21
1959--the Primary Industries Corporation; or 22
(f) for a person who holds land under a lease from the State under 23
the Aboriginal and Torres Strait Islanders (Land Holding) Act 24
1985 for land excised from land granted in trust for Aboriginal or 25
Torres Strait Islander purposes under the Land Act 1994--the 26
trustees of the land; or 27
(g) for a person who holds land from the State under an Act (other 28
than an Act about mining or petroleum) under another kind of 29
lease or occupancy (other than occupation rights under a permit 30
under the Land Act 1994) of the land--the person; 31
and includes, in addition to an owner mentioned in paragraphs (a) to 32
(g)-- 33
s5 15 s5
Mineral Resources Amendment
(h) for a forest entitlement area under the Forestry Act 1959--the 1
Primary Industries Corporation; and 2
(i) for land in the Wet Tropics Area--the Wet Tropics Management 3
Authority. 4
"parcel prospecting permit" see section 3.2. 5
"permanent building" means a building other than a building of a 6
temporary nature. 7
"prospecting permit" means a prospecting permit granted under Part 3. 8
"rehabilitation", of land, includes remediation of contaminated land. 9
"relevant local government", for land, means the local government for the 10
local government area in which the land is situated. 11
"relevant mining district", for land, means the mining district in which 12
the land is situated. 13
"reserve" means-- 14
(a) land that is-- 15
(i) a road; or 16
(ii) a State forest or timber reserve under the Forestry Act 1959; 17
or 18
(iii) vested in-- 19
(A) the Minister administering the Education (General 20
Provisions) Act 1989; or 21
(B) Queensland Railways; or 22
(C) the Queensland Housing Commission; or 23
(D) the Minister responsible for the construction of public 24
buildings or the chief executive of that Minister's 25
department; or 26
(iv) held under the Transport Planning and Coordination Act 27
1994; or 28
(v) granted in trust or reserved for a community purpose under 29
the Land Act 1994 or another Act; or 30
(b) land held under a lease under the Local Government (Aboriginal 31
s5 16 s5
Mineral Resources Amendment
Lands) Act 1978, section 6;8 or 1
(c) land within the Wet Tropics Area; 2
but does not include land (other than a road) reserved as a town or suburb 3
under the Land Act 1994. 4
"restricted land" means restricted land (category A) or (category B). 5
"restricted land (category A)" means land within 100 m laterally of a 6
permanent building used-- 7
(a) mainly as accommodation or for business purposes; or 8
(b) for community, sporting or recreational purposes or as a place of 9
worship. 10
"restricted land (category B)" means land within 50 m laterally of any of 11
the following features-- 12
(a) a stockyard; 13
(b) a bore or artesian well; 14
(c) a dam; 15
(d) another artificial water storage connected to a water supply; 16
(e) a cemetery or burial place. 17
"road" has the meaning given by the Land Act 1994. 18
"section 4.18 conference" see section 4.18A. 19
"section 5.39 conference" see section 5.39A. 20
"section 6.33 conference" see section 6.33A. 21
"section 7.19 conference" see section 7.19A. 22
"termination" includes expiry.'. 23
(3) Section 1.8, definition "explore", paragraph (d)-- 24
omit, insert-- 25
`(d) doing anything else prescribed under a regulation.'. 26
(4) Section 1.8, definition "mineral", paragraphs (a), (d) and (j), `when 27
8 Section 6 (Grants of leases to councils)
s6 17 s7
Mineral Resources Amendment
used'-- 1
omit, insert-- 2
`if mined for use'. 3
(5) Section 1.8, definition "mineral", paragraphs (k) and (n) `for 4
building purposes'-- 5
omit, insert-- 6
`for building or monumental purposes'. 7
of new ss 1.8A and 1.8B 8
Insertion
Clause 6. After section 1.8-- 9
insert-- 10
of "contaminated land" 11
`Meaning
`1.8A Land, or a building or structure on land, is "contaminated land" 12
under this Act if the Minister considers it is affected by a hazardous 13
substance in a way that makes it, or other land, air or water, a hazard to 14
human health or the environment. 15
educational institution is an eligible person 16
`When
`1.8B The Minister may treat an educational institution as an eligible 17
person under this Act to enable it to apply for and hold a prospecting 18
permit, mining claim or mining lease only if the Minister is satisfied the 19
activities it intends to carry out under the permit, claim or lease are 20
educational or training activities.'. 21
of s 1.9 (Crown's property in minerals) 22
Amendment
Clause 7. Section 1.9(4)-- 23
omit, insert-- 24
`(4) Each deed of grant or lease of unallocated State land must contain a 25
reservation of-- 26
s8 18 s9
Mineral Resources Amendment
(a) minerals on and below the surface of the land; and 1
(b) the right of access for prospecting, exploring or mining.'. 2
of s 1.10 (Exclusive right of Crown to grant mining leases 3
Amendment
etc. irrespective of ownership of mineral) 4
Clause 8. Section 1.10(2)-- 5
omit, insert-- 6
`(2) Subject to this Act, a prospecting permit, mining claim, exploration 7
permit, mineral development licence or mining lease may be granted over 8
land even though-- 9
(a) a deed of grant in fee simple from the State may or may not 10
contain a reservation to the State of the relevant mineral on or 11
below the surface of the land; or 12
(b) the relevant mineral is not the property of the State.'. 13
of ss 3.1-3.5 14
Replacement
Clause 9. Sections 3.1 to 3.5-- 15
omit, insert-- 16
1--Prospecting permit categories and entitlements 17
`Division
18
`Definitions
`3.1 In this Division-- 19
"holder", of a prospecting permit, includes a person who is an officer, 20
employee, contractor or agent of the holder if the person is in actual 21
possession of-- 22
(a) the permit; or 23
(b) the holder's written permission for the person to do something 24
the holder may do under the permit. 25
s9 19 s9
Mineral Resources Amendment
of prospecting permit 1
`Categories
`3.2(1) A prospecting permit may be granted for-- 2
(a) a mining district; or 3
(b) a lot; or 4
(c) 2 or more adjoining lots9 owned by the same person. 5
`(2) A prospecting permit under subsection (1)(a) is a "district 6
prospecting permit". 7
`(3) A prospecting permit under subsection (1)(b) or (c) is a "parcel 8
prospecting permit". 9
of land covered by parcel prospecting permit 10
`Area
`3.3(1) A parcel prospecting permit may be granted for all or part of the 11
land of a lot, or 2 or more adjoining lots owned by the same person. 12
`(2) Different parcel prospecting permits may be granted for different 13
parts of a lot, or 2 or more adjoining lots owned by the same person. 14
`(3) If an application for a parcel prospecting permit is for only part of 15
the land of a lot, or 2 or more adjoining lots owned by the same person, the 16
permit may be granted for all of the area. 17
excluded from prospecting permit 18
`Land
`3.4(1) Land is excluded from a prospecting permit if it is covered by-- 19
(a) a mining claim, mineral development licence or mining lease; or 20
(b) an application for a mining claim, mineral development licence or 21
mining lease that has not been finally decided. 22
`(2) Also, a prospecting permit may be granted for all or part of a 23
fossicking area only if the application for the permit was made, but not 24
decided, before the land became a fossicking area. 25
`(3) However, if the holder of, or applicant for, the mining claim, mineral 26
development licence or mining lease consents in writing to an application 27
9 See section 1.8 (Interpretation), definition "adjoining lots".
s9 20 s9
Mineral Resources Amendment
for a prospecting permit for land covered by the claim, licence or lease, this 1
section does not apply to the application to the extent stated in the consent. 2
`(4) In addition, this section does not apply if-- 3
(a) the prospecting permit holder is the applicant for the mining 4
claim, mineral development licence or mining lease; and 5
(b) there is no other application for a claim, licence or lease for land 6
covered by the prospecting permit. 7
permit to be granted to a single person 8
`Prospecting
`3.5 A prospecting permit may only be issued in the name of a single 9
eligible person. 10
under prospecting permit 11
`Entitlements
`3.5A(1) A holder of a prospecting permit for land may enter the land 12
for-- 13
(a) purposes necessary to enable the holder to apply for a mining 14
claim or mining lease over the land; or 15
(b) prospecting purposes; or 16
(c) hand mining for a mineral other than coal. 17
`(2) The holder may-- 18
(a) enter and leave the land using a reasonable type of transport; and 19
(b) enter and leave the land through land the permit states is access 20
land. 21
required to enter certain land 22
`Consent
`3.5B(1) A parcel prospecting permit holder may enter the surface of a 23
reserve for prospecting purposes only with the written consent of the owner 24
of the reserve. 25
`(2) A district prospecting permit holder may enter the surface of 26
occupied land or a reserve only with the written consent of the owner of the 27
land or reserve. 28
s9 21 s9
Mineral Resources Amendment
`(3) Also, a prospecting permit holder may enter occupied land for hand 1
mining only with the written consent of the owner of the land. 2
`(4) In addition, a prospecting permit holder may enter restricted land 3
only with the written consent of the owner of the land where the relevant 4
permanent building, or relevant feature, is situated. 5
`(5) Further, a prospecting permit holder may enter land within 50 m 6
laterally of a place where activities are being carried on under an exploration 7
permit only with the written consent of the exploration permit holder. 8
about consents to enter land 9
`Provisions
`3.5C(1) This section applies to consents for a prospecting permit holder 10
to enter land. 11
`(2) In the absence of evidence to the contrary, the consent of an owner 12
who is a joint tenant or tenant in common with other owners, is taken to be 13
the consent of all the owners. 14
`(3) If the owner of land cannot be easily contacted, a consent may be 15
given for the land by the land's occupier. 16
17
Examples of the owner not being easily contacted--
18
1. The owner does not live in Australia and there is no known current overseas
19
address for the owner.
20
2. The owner is travelling in Australia and there is no known current address for
21
the owner.
`(4) Consent under this section may be given on conditions. 22
`(5) The holder of a consent must comply with the consent's conditions. 23
Maximum penalty for subsection (5)--10 penalty units. 24
`(6) A consent given for land may be amended or withdrawn by the 25
land's owner (or, if given by the occupier, the occupier) by written notice 26
given to the holder and mining registrar. 27
s 10 22 s 10
Mineral Resources Amendment
2--Other provisions about prospecting permits 1
`Division
for prospecting permit 2
`Application
`3.5D An application for a prospecting permit for land must-- 3
(a) be made in the approved form and lodged with the mining 4
registrar; and 5
(b) be accompanied by-- 6
(i) proof, to the mining registrar's satisfaction, of the 7
applicant's identity; and 8
(ii) the fee prescribed under a regulation; and 9
(c) state the applicant's name, and address for service of notices; and 10
(d) if the application is for a parcel prospecting permit-- 11
(i) identify, by sketch and description, or in another way 12
acceptable to the mining registrar, the land over which the 13
permit is sought and land proposed to be used as access; and 14
(ii) state the name and address of each owner of occupied land 15
over which the permit is sought; and 16
(iii) state the name and address of each owner of land proposed 17
to be used as access.'. 18
of s 3.8 (Grant of prospecting permit) 19
Amendment
Clause 10.(1) Section 3.8(1)-- 20
omit, insert-- 21
`3.8(1) A mining registrar may grant a prospecting permit for land if the 22
mining registrar is satisfied an eligible person has-- 23
(a) made a genuine application that complies with this Part; and 24
(b) deposited the amount of security required to be deposited for the 25
permit.'. 26
(2) Section 3.8(4)-- 27
omit, insert-- 28
s 11 23 s 11
Mineral Resources Amendment
`(4) For subsection (3), a company is taken to have contravened a 1
provision of this Act if the person contravening the provision is-- 2
(a) an officer or employee of the company; or 3
(b) someone else who is in a position to control or substantially 4
influence the company's affairs.'. 5
of s 3.10 (Provision of security) 6
Amendment
Clause 11.(1) Section 3.10-- 7
insert-- 8
`(1A) If the mining registrar fixes an amount of security under 9
subsection (1), the amount must not be less than the amount prescribed 10
under a regulation.'. 11
(2) Section 3.10(4)-- 12
omit, insert-- 13
`(4) The mining registrar may, at any time (whether before or after the 14
expiry or cancellation of a prospecting permit) use all or part of the security 15
deposited for the permit to rectify actual damage caused by someone acting 16
under the permit. '. 17
(3) Section 3.10(10)-- 18
renumber as section 3.10(14). 19
(4) Section 3.10(8) to (9)-- 20
omit, insert-- 21
`(8) Subsection (9) applies if an amount of security deposited by a holder 22
of a prospecting permit has not been used when the permit terminates 23
and-- 24
(a) for a parcel prospecting permit--the owner of the occupied land 25
covered by the permit-- 26
(i) gives the mining registrar written approval to refund the 27
security; or 28
(ii) does not make a claim against the security within-- 29
(A) 28 days after the termination; or 30
s 12 24 s 12
Mineral Resources Amendment
(B) a longer period (of not more than 3 months) fixed by 1
the mining registrar by written notice given to the 2
permit holder and owner; or 3
(b) for a district prospecting permit--an owner of land covered by 4
the permit does not make a claim against the security within-- 5
(i) 28 days after the termination; or 6
(ii) a longer period (of not more than 3 months) fixed by the 7
mining registrar by written notice given to the permit holder 8
and owner. 9
`(9) After deducting the amount the mining registrar considers should be 10
held for use under subsection (4), the mining registrar may refund the 11
balance of the security. 12
`(10) The mining registrar must refund the amount to the permit holder 13
or in accordance with any written direction the holder gives the mining 14
registrar. 15
`(11) In the absence of evidence to the contrary, the approval of an owner 16
who is a joint tenant or tenant in common is taken to be the approval of all 17
the owners for subsection (8)(a)(i). 18
`(12) Subsection (9) does not limit the mining registrar's powers under 19
subsection (14). 20
`(13) If-- 21
(a) a prospecting permit holder applies for a mining claim or mining 22
lease; and 23
(b) the application has not been finally decided when the permit is 24
terminated; and 25
(c) after the application is decided, an amount held as security under 26
this section is not held as security for the claim or lease; 27
the amount may be refunded under subsection (8).'. 28
of s 3.13 (Term of prospecting permit) 29
Replacement
Clause 12. Section 3.13-- 30
omit, insert-- 31
s 13 25 s 14
Mineral Resources Amendment
of prospecting permit 1
`Term
`3.13(1) A prospecting permit may be granted for-- 2
(a) if it is a district prospecting permit--1 or more months but not 3
longer than 1 year; or 4
(b) if it is a parcel prospecting permit--3 months. 5
`(2) A prospecting permit's term must-- 6
(a) be stated in the permit; and 7
(b) not start before the day the permit is granted.'. 8
of s 3.15 (Mining registrar to notify owners of occupied 9
Amendment
land of grant of prospecting permit) 10
Clause 13.(1) Section 3.15, heading `prospecting permit'-- 11
omit, insert-- 12
`parcel prospecting permit'. 13
(2) Section 3.15(1), `prospecting permit'-- 14
omit, insert-- 15
`parcel prospecting permit'. 16
of s 3.16 (Prior notice of entry to be served) 17
Replacement
Clause 14. Section 3.16-- 18
omit, insert-- 19
of entry under parcel prospecting permit 20
`Notice
`3.16(1) A parcel prospecting permit holder must give the owner of the 21
land covered by the permit notice of entry before initial entry is made under 22
the permit. 23
`(2) The notice must be given at least 7 days before the intended entry (or 24
a shorter time acceptable to the owner and endorsed on the notice). 25
`(3) If the owner cannot be easily contacted, the holder may notify the 26
occupier of the land of the intended entry. 27
s 15 26 s 15
Mineral Resources Amendment
1
Examples of the owner not being easily contacted--
2
1. The owner does not live in Australia and there is no known current address for
3
the owner.
4
2. The owner is travelling within Australia and there is no known current address
5
for the owner.
`(4) If the holder satisfies the mining registrar it is impracticable to give 6
either the owner or occupier notice of the intended entry, the mining 7
registrar may dispense with the need to give notice. 8
`(5) If the mining registrar dispenses with the need to give notice, the 9
mining registrar must make an appropriate endorsement on the permit. 10
`(6) However, before making the endorsement, the mining registrar may 11
require the holder to take the action the mining registrar considers 12
appropriate to publicise the proposed entry, including, for example, 13
publishing an advertisement in a newspaper or other publication.'. 14
of s 3.22 (Review of mining registrar's determination) 15
Replacement
Clause 15. Section 3.22-- 16
omit, insert-- 17
about prospecting permits 18
`Appeals
`3.22(1) A person whose interests are adversely affected by a decision to 19
which this section applies (the "aggrieved person") may appeal against the 20
decision to the Wardens Court. 21
`(2) This section applies to the following decisions of a mining 22
registrar-- 23
(a) a decision to refuse to grant a prospecting permit; 24
(b) a decision to impose a condition on a prospecting permit; 25
(c) a decision to vary a condition imposed on a prospecting permit; 26
(d) a decision to require an applicant for, or holder of, a prospecting 27
permit to deposit security;10 28
(e) a decision about the use of security deposited by a prospecting 29
10 See section 3.10 (Provision of security).
s 15 27 s 15
Mineral Resources Amendment
permit holder towards rectification of damage caused by 1
noncompliance with permit conditions;10 2
(f) a decision to require a prospecting permit holder to pay an 3
amount to the State by way of penalty for a breach of a permit 4
condition;11 5
(g) a decision to cancel a prospecting permit. 6
to start an appeal 7
`How
`3.22A(1) An appeal is started by filing a written notice of appeal with 8
the mining registrar. 9
`(2) The notice of appeal must be filed within 28 days after the aggrieved 10
person receives notice of the decision appealed against. 11
`(3) However, if-- 12
(a) the decision did not state the reasons for the decision; and 13
(b) the person asked for a statement of reasons for the decision 14
within the period mentioned in subsection (2); 15
the person may make the application within 28 days after the person is 16
given the statement of reasons. 17
`(4) In addition, the Wardens Court may extend the period for filing the 18
notice of appeal. 19
`(5) The notice of appeal must state the grounds of appeal. 20
of operation of decisions 21
`Stay
`3.22B(1) The Wardens Court may stay a decision appealed against to 22
secure the effectiveness of the appeal. 23
`(2) A stay-- 24
(a) may be given on conditions the Wardens Court considers 25
appropriate; and 26
(b) operates for the period fixed by the Wardens Court; and 27
11 See section 3.19 (Penalty for breach of conditions).
s 15 28 s 15
Mineral Resources Amendment
(c) may be revoked or amended by the Wardens Court. 1
`(3) The period of a stay fixed by the Wardens Court must not extend 2
past the time when the Wardens Court decides the appeal. 3
`(4) A decision, or the carrying out of a decision, is affected by the 4
starting of an appeal against the decision only if the decision is stayed. 5
procedures 6
`Hearing
`3.22C(1) In deciding an appeal, the Wardens Court-- 7
(a) is not bound by the rules of evidence; and 8
(b) must observe natural justice; and 9
(c) may hear the appeal in court or chambers.12 10
`(2) An appeal is by way of rehearing. 11
of Wardens Court on appeal 12
`Powers
`3.22D(1) In deciding an appeal, the Wardens Court may-- 13
(a) confirm the decision appealed against; or 14
(b) set the decision aside and substitute another decision; or 15
(c) set aside the decision and return the issue to the mining registrar 16
with directions the Wardens Court considers appropriate. 17
`(2) In substituting another decision, the Wardens Court has the same 18
powers as the mining registrar. 19
20
Example--
21
The Wardens Court may decide that an unsuccessful applicant for a prospecting
22
permit be granted the permit and impose conditions on it.
`(3) If the Wardens Court substitutes another decision, the substituted 23
decision is taken to be the decision of the mining registrar.'. 24
12 Under section 10.24 (Practice and procedure of Wardens Court), if the Act is
silent or does not sufficiently state the practice and procedure applying in the
Wardens Court, the practice and procedure of Magistrates Courts apply.
s 16 29 s 16
Mineral Resources Amendment
of s 3.27 (Staying on occupied land) 1
Replacement
Clause 16. Section 3.27-- 2
omit, insert-- 3
`Staying on occupied land 4
`3.27(1) A person entitled to enter occupied land under a district 5
prospecting permit must not enter land at night without the written consent 6
of the land's owner. 7
Maximum penalty--10 penalty units. 8
`(2) A person entitled to enter occupied land under a parcel prospecting 9
permit must not enter the land at night without the written consent of the 10
land's owner or the mining registrar. 11
Maximum penalty--10 penalty units. 12
`(3) In the absence of evidence to the contrary, the consent of an owner 13
who is a joint tenant or tenant in common is taken to be the consent of all 14
the owners. 15
`(4) If the owner of land cannot be easily contacted, a consent may be 16
given for the land by the land's occupier. 17
18
Examples of the owner not being easily contacted--
19
1. The owner does not live in Australia and there is no known current address for
20
the owner.
21
2. The owner is travelling within Australia and there is no known current address
22
for the owner.
`(5) Consent under this section may be given on conditions. 23
`(6) The mining registrar's consent and any consent conditions must be 24
endorsed on the permit. 25
`(7) A person who enters occupied land at night with a consent under this 26
section must comply with conditions imposed by the owner or occupier of 27
the land or the mining registrar. 28
Maximum penalty--10 penalty units. 29
`(8) A person on occupied land under a prospecting permit must dispose 30
of rubbish and human waste in a safe and sanitary way. 31
Maximum penalty--10 penalty units.'. 32
s 17 30 s 18
Mineral Resources Amendment
of s 4.4 (Land over which mining claim not to be 1
Replacement
granted) 2
Clause 17. Section 4.4-- 3
omit, insert-- 4
`Land for which mining claim not to be granted 5
`4.4(1) A mining claim may not be granted for land covered by-- 6
(a) an existing mining claim; or 7
(b) a mining lease; or 8
(c) a mineral development licence; or 9
(d) an earlier application for a mining claim, mineral development 10
licence or mining lease that has not been finally decided or 11
withdrawn; or 12
(e) an exploration permit or earlier application for an exploration 13
permit unless the applicant for the claim gives the mining 14
registrar the written consent of the holder of, or applicant for, the 15
permit on or before the last objection day. 16
`(2) A mining claim may be granted over the surface of land that is 17
restricted land when the application for the claim was lodged only if-- 18
(a) the owner of the land where the relevant permanent building, or 19
relevant feature, is situated, consents in writing to the application; 20
and 21
(b) the applicant lodges the owner's written consent with the mining 22
registrar before the last objection day ends.'. 23
of s 4.6 (Area and shape of mining claim land) 24
Amendment
Clause 18. Section 4.6(1)-- 25
omit, insert-- 26
`4.6(1) The land for which a mining claim may be granted-- 27
(a) must be-- 28
(i) rectangular in shape; or 29
s 19 31 s 20
Mineral Resources Amendment
(ii) of the dimensions prescribed under a regulation; and 1
(b) must be more or less the prescribed area. 2
`(1A) However, the mining registrar may, for a particular mining claim, 3
accept an application for a mining claim over land of a different shape.'. 4
of s 4.14 (Application for grant of mining claim) 5
Amendment
Clause 19. Section 4.14(1)(j)(iv)-- 6
omit, insert-- 7
`(iv) an outline, to the mining registrar's satisfaction, of the 8
proposed mining program that-- 9
(A) states when operations are expected to start; and 10
(B) briefly describes the measures the applicant plans to 11
take to minimise adverse environmental impact; and 12
(C) includes proposals for the progressive and final 13
rehabilitation of the land.'. 14
of s 4.17 (Certificate of application etc.) 15
Amendment
Clause 20.(1) Section 4.17(1A)-- 16
omit, insert-- 17
`(1A) The mining registrar must endorse on the certificate of 18
application-- 19
(a) the number of the proposed mining claim; and 20
(b) the date and time the application was lodged; and 21
(c) the day the mining registrar fixes, at least 28 days after the day of 22
the certificate's issue, as the last objection day for the application. 23
`(1AA) The person who lodged the application must sign the certificate.'. 24
(2) Section 4.17(1B), `as prescribed in subsection (1A)'-- 25
omit. 26
s 21 32 s 21
Mineral Resources Amendment
of s 4.18 (Owner of land may request conference) 1
Replacement
Clause 21. Section 4.18-- 2
omit, insert-- 3
registrar may call conference in some cases 4
`Mining
`4.18(1) This section applies if-- 5
(a) within 7 days after receiving a copy of a signed certificate of 6
application for a mining claim (or a longer period allowed by the 7
mining registrar) an owner of land affected by the application 8
gives the mining registrar a written request for a conference, 9
stating the things the owner wants to discuss about the 10
application; or 11
(b) for another reason, the mining registrar considers it desirable to 12
call a conference to discuss things about a mining claim or an 13
application for a mining claim. 14
`(2) If subsection (1)(a) applies, the mining registrar must call a 15
conference about the application, by written notice given to the owner of the 16
land and the applicant. 17
`(3) If subsection (1)(b) applies, the mining registrar may call a 18
conference about the mining claim or application, by written notice given 19
to-- 20
(a) the owners of land affected by the mining claim or application; 21
and 22
(b) the claim holder or applicant; and 23
(c) anyone else the mining registrar considers should be given notice 24
of the conference. 25
`(4) The notice must state when and where the conference will be held, 26
and what is to be discussed at the conference. 27
`(5) If the conference is about an application, the conference must be held 28
before the last objection day ends. 29
may attend conference 30
`Who
`4.18A(1) Apart from the mining registrar, anyone given notice of a 31
s 21 33 s 21
Mineral Resources Amendment
conference about an application for a mining claim or a mining claim (a 1
"section 4.18 conference") may attend and take part in the conference. 2
`(2) Also, with the mining registrar's approval, someone else may be 3
present to help a person attending the conference. 4
`(3) However, a person may not be represented at the conference by a 5
lawyer. 6
happens if someone does not attend 7
`What
`4.18B The mining registrar may hold a section 4.18 conference even 8
though someone given notice of the conference does not attend the 9
conference. 10
registrar's function at section 4.18 conference 11
`Mining
`4.18C The mining registrar must endeavour to help those attending a 12
section 4.18 conference to reach an early, inexpensive settlement of the 13
things discussed. 14
and statements at section 4.18 conference 15
`Agreements
`4.18D(1) If parties to a section 4.18 conference reach agreement about 16
something discussed at the conference, the parties must-- 17
(a) put the agreement into writing; and 18
(b) sign the agreement; and 19
(c) if the agreement is about an application for a mining 20
claim--lodge it with the mining registrar on or before the last 21
objection day. 22
`(2) A person attending or present at the conference must not disclose or 23
publish anything said at the conference other than in an agreement 24
mentioned in subsection (1). 25
`(3) Nothing said by a person at the conference is admissible in a 26
proceeding without the person's consent. 27
s 22 34 s 22
Mineral Resources Amendment
Court may award costs 1
`Wardens
`4.18E(1) If-- 2
(a) a person agrees to attend a section 4.18 conference but does not 3
attend; and 4
(b) someone else does attend (the "attending party"); 5
the attending party may apply to the Wardens Court for an order requiring 6
the person who did not attend to pay the attending party's reasonable costs. 7
`(2) If the Wardens Court orders a person to pay the attending party's 8
costs, the Wardens Court must decide the amount of the costs of attending. 9
`(3) However, the Wardens Court must not order a person to pay costs if 10
the Wardens Court is satisfied the person had a reasonable excuse for not 11
attending the conference.13'. 12
of s 4.19 (Objection to application for grant of mining 13
Amendment
claim) 14
Clause 22.(1) Section 4.19(1) and (2)-- 15
omit, insert-- 16
`4.19(1) An entity may, on or before the last objection day ends, lodge a 17
written objection in the approved form to an application for a mining claim. 18
`(2) An owner of land who attends a conference about an application for 19
a mining claim may, even though the time for objecting to the application 20
has ended, lodge an objection to the application within 7 days after-- 21
(a) the day the conference ends; or 22
(b) if the applicant did not attend the conference--the day the owner 23
attended the conference.'. 24
(2) Section 4.19(5)-- 25
omit. 26
13 Orders of a Wardens Court may be enforced under section 10.34 (Enforcement of
decisions etc. of Wardens Court).
s 23 35 s 24
Mineral Resources Amendment
of s 4.22 (Grant of mining claim where no objection to 1
Replacement
application and necessary consents obtained) 2
Clause 23. Section 4.22-- 3
omit, insert-- 4
of mining claim to which no objection is lodged 5
`Grant
`4.22(1) This section applies to an application for a mining claim for land 6
if-- 7
(a) no-one objects to the application on or before the last objection 8
day; and 9
(b) at least 7 days have passed since the end of any section 4.18 10
conference about the application. 11
`(2) The mining registrar may grant a mining claim for the land to an 12
applicant for the mining claim only if the mining registrar is satisfied-- 13
(a) the application complies with this Part; and 14
(b) any consents needed in relation to the land have been obtained. 15
`(3) The applicant must give written notice of the grant to the owners of 16
land covered by the claim. 17
`(4) The notice must be given within 28 days after the applicant receives 18
notice of the grant.'. 19
of s 4.24 (Reference to Wardens Court where owner of 20
Replacement
reserve does not consent to grant of mining claim 21
Clause 24. Section 4.24-- 22
omit, insert-- 23
of application to Wardens Court if consent of reserve's 24
`Reference
owner is not given 25
`4.24(1) If the mining registrar is not satisfied an owner of a reserve 26
consented to an application for a mining claim for the reserve, the mining 27
registrar must fix a day, within 7 days after the later of the following, for 28
consideration by the Wardens Court of the issue of the consent-- 29
(a) the last objection day for the application; or 30
s 25 36 s 27
Mineral Resources Amendment
(b) the end of any section 4.18 conference about the application. 1
`(2) The mining registrar must immediately give the applicant for the 2
mining claim and the owner of the reserve notice of the day fixed under 3
subsection (1).'. 4
of s 4.25 (One hearing by Wardens Court) 5
Amendment
Clause 25.(1) Section 4.25 (heading)-- 6
omit, insert-- 7
`Wardens Court hearing'. 8
(2) Section 4.25(1)-- 9
omit, insert-- 10
`4.25(1) The Wardens Court must hear and decide all issues in relation to 11
an application for a mining claim and any objections to the application at the 12
same hearing.'. 13
of s 4.28 (Grant of mining claim at instruction of 14
Amendment
Wardens Court or with consent of Governor in Council) 15
Clause 26. Section 4.28-- 16
insert-- 17
`(2) The applicant for the grant of the mining claim must give written 18
notice of the grant to the owners of land covered by the claim. 19
`(3) The notice must be given within 28 days after the applicant receives 20
notice of the grant.'. 21
of s 4.31 (Provision of security) 22
Amendment
Clause 27.(1) Section 4.31(1)(d)-- 23
omit, insert-- 24
`(d) amounts (other than penalties) payable to the State under this 25
Act.'. 26
(2) Section 4.31(5)-- 27
s 27 37 s 27
Mineral Resources Amendment
omit. 1
(3) Section 4.31(6), `as provided by subsection (4) or (5)'-- 2
omit, insert-- 3
`under subsection (4)'. 4
(4) Section 4.31(9)-- 5
omit, insert-- 6
`(9) If a mining claim terminates, the mining registrar may, not earlier 7
than 28 days after the termination, refund the amount of security held for 8
the mining claim, after deducting any amount used under subsection (4). 9
`(9A) The mining registrar must refund the amount to the holder of the 10
claim or in accordance with any written direction the holder gives to the 11
mining registrar. 12
`(9B) However, before refunding the security, the mining registrar may 13
also deduct the amount the mining registrar considers appropriate to apply 14
in the following order towards-- 15
(a) rectifying anything caused by noncompliance with-- 16
(i) a condition of the mining claim; or 17
(ii) an order given to the holder by the mining registrar; and 18
(b) amounts (other than penalties) the holder owes to the State under 19
this Act or the conditions of the mining claim (including amounts 20
that became payable before or after the termination of the claim); 21
and 22
(c) rates and charges (including interest on unpaid rates and charges) 23
owing to a local government for the mining claim by the former 24
holder. 25
`(9C) Subsection (9) does not limit the mining registrar's powers under 26
subsection (10).'. 27
(5) Section 4.31(10), `under subsection (4)'-- 28
omit. 29
s 28 38 s 31
Mineral Resources Amendment
of s 4.33 (Compensation to be settled before granting of 1
Amendment
mining claim) 2
Clause 28. Section 4.33-- 3
insert-- 4
`(11) An amount of compensation decided by agreement between the 5
parties or the Wardens Court is binding on the parties and the parties' 6
personal representatives, successors and assigns.'. 7
of s 4.34 (Appeal against Wardens Court's 8
Amendment
determination upon compensation) 9
Clause 29. Section 4.34-- 10
insert-- 11
`(5A) In deciding an appeal, the Land Court must consider the things 12
relevant to the appeal that the Wardens Court was required to consider in 13
making the decision appealed against.'. 14
of s 4.41 (Renewal of mining claim) 15
Amendment
Clause 30. Section 4.41-- 16
insert-- 17
`(7) The holder of a renewed mining claim must give written notice of 18
the claim's renewal to the owners of the land covered by the claim. 19
`(8) The notice must be given within 28 days after the holder receives 20
notice of the renewal.'. 21
of s 4.43 (Rental payable on mining claim) 22
Amendment
Clause 31. Section 4.43(4)(b), `31 March'-- 23
omit, insert-- 24
`1 April'. 25
s 32 39 s 34
Mineral Resources Amendment
of s 4.51 (Correction of certificate of grant of mining 1
Amendment
claim) 2
Clause 32. Section 4.51(1)(b)-- 3
omit, insert-- 4
`(b) facts have appeared or been established since the grant of the 5
mining claim justifying correction of the certificate to more 6
accurately reflect the holder's entitlements under the claim; or'. 7
of s 4.55 (Surrender of mining claim) 8
Amendment
Clause 33.(1) Section 4.55(1)(c)-- 9
omit, insert-- 10
`(c) if land covered by the surrender is not included in an application 11
for a new mining claim or a mining lease--a final rehabilitation 12
report stating how the holder has rehabilitated land affected 13
directly or indirectly by the holder's mining activities under the 14
claim; and 15
(d) the fee prescribed under a regulation.'. 16
(2) Section 4.55-- 17
insert-- 18
`(7) However, the mining registrar may accept a surrender for land for 19
which a final rehabilitation report is lodged only if the mining registrar is 20
satisfied the holder has satisfactorily rehabilitated the land. 21
`(8) If the mining registrar is not satisfied the holder has satisfactorily 22
rehabilitated land, the mining registrar may, by written notice, give the 23
holder reasonable directions about rehabilitating the land. 24
`(9) The holder must comply with the directions. 25
Maximum penalty for subsection (9)--300 penalty units.'. 26
of new s 4.56A 27
Insertion
Clause 34. After section 4.56-- 28
insert-- 29
s 35 40 s 35
Mineral Resources Amendment
of land covered by mining claim 1
`Rehabilitation
`4.56A(1) Within 28 days after the termination of a mining claim, the 2
holder must give the mining registrar a final rehabilitation report stating 3
how the holder has rehabilitated land affected directly or indirectly by the 4
holder's mining activities under the claim. 5
`(2) After considering the report, the mining registrar may direct the 6
holder to give the mining registrar further information about the 7
rehabilitation. 8
`(3) If the mining registrar is not satisfied the holder has satisfactorily 9
rehabilitated land, the mining registrar may, by written notice, give the 10
holder reasonable directions about rehabilitating the land. 11
`(4) The holder must comply with the directions. 12
Maximum penalty for subsection (4)--300 penalty units. 13
`(5) The holder and the holder's employees or agents may, to the extent 14
reasonably necessary to comply with the directions-- 15
(a) enter land stated in the notice; and 16
(b) bring onto the land vehicles, vessels, machinery and equipment 17
that are approved by the mining registrar for the purpose. 18
`(6) This section does not apply if-- 19
(a) a final rehabilitation report is lodged with a notice of surrender of 20
a mining claim; or 21
(b) the termination is for granting a new mining claim or a mining 22
lease over the same land.'. 23
of s 4.63 (Appeal against mining registrar's 24
Replacement
determination) 25
Clause 35. Section 4.63-- 26
omit, insert-- 27
about mining claims 28
`Appeals
`4.63(1) An applicant for a mining claim who is dissatisfied with a 29
decision of a mining registrar to refuse to grant the mining claim (the 30
"aggrieved person") may appeal against the decision to the Wardens 31
s 35 41 s 35
Mineral Resources Amendment
Court. 1
`(2) A holder of a mining claim who is dissatisfied with any of the 2
following decisions of a mining registrar (also an "aggrieved person") 3
may appeal against the decision to the Wardens Court-- 4
(a) a decision to impose a condition on a mining claim; 5
(b) a decision to require an applicant for, or holder of, a mining claim 6
to deposit security;14 7
(c) a decision to give a direction to a mining claim holder about 8
rehabilitating the land covered by the claim; 9
(d) a decision to refuse to renew a mining claim. 10
`(3) However, an applicant may not appeal against a decision of a mining 11
registrar made in accordance with a consent of the Governor in Council or 12
decision of a Wardens Court. 13
to start an appeal 14
`How
`4.63A(1) An appeal is started by filing a written notice of appeal with 15
the mining registrar. 16
`(2) The notice of appeal must be filed within 28 days after the aggrieved 17
person receives notice of the decision appealed against. 18
`(3) However, if-- 19
(a) the decision did not state the reasons for the decision; and 20
(b) the person asked for a statement of reasons for the decision 21
within the period mentioned in subsection (2); 22
the person may make the application within 28 days after the person is 23
given the statement of reasons. 24
`(4) In addition, the Wardens Court may extend the period for filing the 25
notice of appeal. 26
`(5) The notice of appeal must state the grounds of appeal. 27
14 See section 4.31 (Provision of security).
s 35 42 s 35
Mineral Resources Amendment
of operation of decisions 1
`Stay
`4.63B(1) The Wardens Court may stay a decision appealed against to 2
secure the effectiveness of the appeal. 3
`(2) A stay-- 4
(a) may be given on conditions the Wardens Court considers 5
appropriate; and 6
(b) operates for the period fixed by the Wardens Court; and 7
(c) may be revoked or amended by the Wardens Court. 8
`(3) The period of a stay fixed by the Wardens Court must not extend 9
past the time when the Wardens Court decides the appeal. 10
`(4) A decision, or the carrying out of a decision, is affected by the 11
starting of an appeal only if the decision is stayed. 12
procedures 13
`Hearing
`4.63C(1) In deciding an appeal, the Wardens Court-- 14
(a) is not bound by the rules of evidence; and 15
(b) must observe natural justice; and 16
(c) may hear the appeal in court or chambers.15 17
`(2) An appeal is by way of rehearing. 18
of Wardens Court on appeal 19
`Powers
`4.63D(1) In deciding an appeal, the Wardens Court may-- 20
(a) confirm the decision appealed against; or 21
(b) set the decision aside and substitute another decision; or 22
(c) set aside the decision and return the issue to the mining registrar 23
with directions the Wardens Court considers appropriate. 24
15 Under section 10.24 (Practice and procedure of Wardens Court), if the Act is
silent or does not sufficiently state the practice and procedure applying in the
Wardens Court, the practice and procedure of Magistrates Courts apply.
s 36 43 s 36
Mineral Resources Amendment
`(2) In substituting another decision, the Wardens Court has the same 1
powers as the mining registrar. 2
3
Example--
4
The Wardens Court may decide that an unsuccessful applicant for a mining claim
5
be granted the claim and impose conditions on it.
`(3) If the Wardens Court substitutes another decision, the substituted 6
decision is, for this Act, taken to be the decision of the mining registrar.'. 7
of s 4.64 (Effect of termination of mining claim) 8
Replacement
Clause 36. Section 4.64-- 9
omit, insert-- 10
of termination of mining claim 11
`Effect
`4.64(1) This section applies on the termination of a mining claim. 12
`(2) However, this section (other than subsection (3)) does not apply to a 13
mining claim if the termination is for granting a new mining claim or a 14
mining lease over the same land to the holder of the terminated mining 15
claim. 16
`(3) The person who was the holder of the terminated mining claim 17
immediately before its termination must immediately remove each post or 18
other thing used to mark the land under this Act (other than a survey mark 19
or anything else required under another Act not to be removed). 20
`(4) On the termination of a mining claim, the ownership of all mineral, 21
ore, tailings and other material ("mineral"), and structures, machinery and 22
equipment ("property"), on the land covered by the terminated mining 23
claim, divests from the owner and vests in the State. 24
`(5) However, subsection (4) applies to property only if it was brought 25
onto the land under the terminated claim. 26
may be made for approval to remove mineral and 27
`Application
property 28
`4.64A(1) This section applies to mineral and property that vests in the 29
State on the termination of a mining claim. 30
s 36 44 s 36
Mineral Resources Amendment
`(2) Anyone who had an interest in the mineral or property immediately 1
before its ownership vests in the State may apply in writing to the mining 2
registrar for permission to remove the mineral or property from the land. 3
`(3) The application-- 4
(a) must be made within 28 days after the mineral or property vests 5
in the State (or a longer period, of not more than 3 months, 6
allowed by the mining registrar); and 7
(b) may be made even though a subsequent grant of a mining claim, 8
exploration permit, mineral development licence or mining lease 9
has been made over the land. 10
`(4) The mining registrar may approve or refuse to approve the 11
application. 12
`(5) However, the mining registrar must approve the application if the 13
mining registrar is satisfied-- 14
(a) the person was entitled to the mineral or property immediately 15
before it vested in the State; and 16
(b) there is enough security held for the mining claim to meet the 17
costs for which it was deposited.16 18
`(6) The approval may be given on conditions stated in it. 19
`(7) If the application is approved, the person named in the approval may 20
enter the land and remove mineral or property (other than covers, fencing, 21
casings, linings, timbering or other things securing the safety of the land) 22
stated in the application before the time stated in the approval ends. 23
`(8) Anything removed under subsection (7) divests from the State and 24
vests in the person entitled to it immediately before the termination of the 25
mining claim. 26
`(9) However, mineral divests from the State and forms part of the land 27
if it is not removed before the later of-- 28
(a) the end of the time stated in an approval under this section; or 29
(b) 3 months after the termination of the mining claim. 30
16 See section 4.31.
s 37 45 s 37
Mineral Resources Amendment
remaining on former mining claim may be sold etc. 1
`Property
`4.64B(1) This section applies if the mining registrar has not received, or 2
has received but not granted, an application for approval to remove property 3
from land covered by a terminated mining claim within 3 months after the 4
claim's termination. 5
`(2) The mining registrar may-- 6
(a) sell the property by public auction or in another way; or 7
(b) if the property has no commercial value--dispose of or destroy it. 8
`(3) Proceeds of a sale are to be applied in the following order towards-- 9
(a) the reasonable expenses incurred in the sale; 10
(b) the cost of rectifying actual damage for which an amount of 11
security deposited for the mining claim could have been used but 12
was not used, or was inadequate; 13
(c) amounts owing to the State under this Act by the former holder; 14
(d) rates and charges (including interest on unpaid rates and charges) 15
owing to a local government by the former holder for the mining 16
claim; 17
(e) amounts owing to a mortgagee by the former holder under a 18
mortgage registered under this Act over the mining claim. 19
`(4) Any balance must be paid to the former holder. 20
`(5) If the mining registrar cannot decide the identity of, or locate, a 21
person entitled to the proceeds or a part of the proceeds, the mining registrar 22
may pay the amount to the Public Trustee as unclaimed moneys. 23
`(6) Compensation is not payable for a sale, disposal or destruction under 24
this section.'. 25
of s 5.4 (Entitlements under exploration permit) 26
Amendment
Clause 37.(1) Section 5.4(2)-- 27
omit, insert-- 28
`(2) An exploration permit authorises a person to enter the surface of 29
restricted land only if-- 30
s 38 46 s 39
Mineral Resources Amendment
(a) the owner of the land where the relevant permanent building, or 1
relevant feature, is situated consents in writing to entry; and 2
(b) the exploration permit holder gives the consent to the chief 3
executive.'. 4
(2) Section 5.4(2B)-- 5
omit. 6
of s 5.8 (Application for exploration permit) 7
Amendment
Clause 38.(1) Section 5.8(g)(iv)-- 8
omit. 9
(2) Section 5.8(h)-- 10
omit, insert-- 11
`(h) be accompanied by-- 12
(i) a statement, acceptable to the Minister, but separate from the 13
statement mentioned in paragraph (g), detailing the 14
applicant's financial and technical resources; and 15
(ii) proof of the applicant's identity; and 16
(iii) the application fee prescribed under a regulation.'. 17
of s 5.14 (Periodic reduction in land subject to 18
Amendment
exploration permit) 19
Clause 39.(1) Section 5.14 (heading)-- 20
omit, insert-- 21
`Periodic reduction in land covered by exploration permit for mineral 22
other than coal'. 23
(2) Section 5.14(1)-- 24
omit, insert-- 25
`5.14(1) Unless the Minister otherwise decides (whether before the grant 26
of an exploration permit or during its term) the area of an exploration permit 27
for a mineral other than coal must be reduced by 50%-- 28
s 40 47 s 41
Mineral Resources Amendment
(a) at the end of the first 2 years after its grant; and 1
(b) at the end of each subsequent year. 2
`(1A) The area remaining after the reduction must consist of whole sub- 3
blocks.'. 4
(3) Section 5.14-- 5
insert-- 6
`(7) Compensation is not payable for a reduction in the area covered by 7
an exploration permit under this section.'. 8
of new s 5.14A 9
Insertion
Clause 40. After section 5.14-- 10
insert-- 11
reduction in land covered by exploration permit for coal 12
`Periodic
`5.14A(1) The Minister may require the holder of an exploration permit 13
for coal to reduce the area covered by the permit in the way and to the extent 14
the Minister considers reasonable. 15
`(2) However, the Minister may not require the holder to reduce the area 16
covered by the permit to a greater extent than the reduction that must be 17
made for other minerals.17 18
`(3) Compensation is not payable for a reduction in the area covered by 19
an exploration permit under this section.'. 20
of s 5.15 (Conditions of exploration permit) 21
Amendment
Clause 41.(1) Section 5.15(1)(c)-- 22
omit, insert-- 23
`(c) a condition that the holder must rehabilitate the surface of the land 24
covered by the permit to the Minister's satisfaction; and'. 25
(2) Section 5.15(1)(g)-- 26
17 See section 5.14 (Periodic reduction in land covered by exploration permit for
mineral other than coal).
s 42 48 s 42
Mineral Resources Amendment
omit, insert-- 1
`(g) a condition that the holder must, when and in the way the 2
Minister requires, give to the Minister-- 3
(i) progress, relinquishment and final reports, accompanied by 4
maps, sections, charts and other data giving full particulars 5
and results of the exploration program and investigations 6
carried out on the area specified by the Minister, including 7
details of costs incurred for specified periods within the term 8
of the exploration permit; and 9
(ii) materials obtained because of the holder's activities under 10
the exploration permit; and 11
(iii) an environmental management plan for the holder's 12
activities under the exploration permit; and'. 13
(3) Section 5.15(5), after `conduct'-- 14
insert-- 15
`or practice'. 16
of new s 5.15A and 5.15B 17
Insertion
Clause 42. After section 5.15-- 18
insert-- 19
guidelines for environmental impact statements 20
`Draft
`5.15A(1) This section applies if an exploration permit holder gives 21
written notice to the Minister of the holder's plan to prepare an 22
environmental impact statement about a proposed mining project. 23
`(2) The Minister must issue draft guidelines for the preparation of the 24
statement within 28 days after receiving the notice. 25
`(3) The draft guidelines-- 26
(a) must state the things the environmental impact statement must 27
address; and 28
(b) may state the way the things may or must be addressed. 29
`(4) The Minister must give a copy of the draft guidelines to the holder 30
s 43 49 s 43
Mineral Resources Amendment
and the mining registrar. 1
`(5) The mining registrar must-- 2
(a) immediately display a notice at the mining registrar's office 3
stating that the draft guidelines are available for comment until a 4
stated day, at least 28 days after the day the notice is displayed; 5
and 6
(b) give a copy of the notice to the holder. 7
`(6) Within 7 days of receiving the notice or a longer period fixed by the 8
mining registrar, the holder must-- 9
(a) publish a copy of the notice in a newspaper circulating generally 10
in the relevant mining district; and 11
(b) give the mining registrar a statutory declaration stating that the 12
holder has published the notice. 13
`(7) Anyone may lodge written comments about the draft guidelines at 14
the mining registrar's office on or before the stated day. 15
for environmental impact statements 16
`Guidelines
`5.15B(1) After considering any written comments lodged at the mining 17
registrar's office on or before the day for making written comments about 18
the draft guidelines, the Minister must issue guidelines for the preparation 19
of the environmental impact statement. 20
`(2) The Minister must give a copy of the guidelines to the holder, the 21
relevant local government and the mining registrar within 28 days after the 22
day for lodging written comments about the draft guidelines ends.'. 23
of s 5.16 (Provision of security) 24
Amendment
Clause 43.(1) Section 5.16(1)(d)-- 25
omit, insert-- 26
`(d) amounts (other than penalties) payable to the State under this 27
Act.'. 28
(2) Section 5.16-- 29
s 43 50 s 43
Mineral Resources Amendment
insert-- 1
`(1A) A person who holds more than 1 exploration permit may elect to 2
deposit a single amount of security for all exploration permits held by the 3
person. 4
`(1B) The Minister is to decide the amount of security to be deposited 5
under subsection (1A).'. 6
(3) Section 5.16(3) and (4)-- 7
omit, insert-- 8
`(3) If the Minister is satisfied-- 9
(a) a condition of an exploration permit has not been complied with; 10
or 11
(b) a provision of this Act has not been complied with in relation to 12
an exploration permit; or 13
(c) someone claiming to act under an exploration permit, or to have 14
entered land on the permit holder's instructions, caused damage 15
mentioned in subsection (1)(c); 16
the Minister may require the permit holder to take the steps necessary to 17
stop the noncompliance or repair the damage. 18
`(4) Also, the Minister may use any of the security deposited by the 19
holder to stop the noncompliance or repair the damage. 20
`(4A) Subsection (3) and (4) do not apply if the holder satisfies the 21
Minister that the person responsible for the noncompliance or damage was 22
not on the land with the holder's approval or on the holder's instructions 23
when the noncompliance or damage happened.'. 24
(4) Section 5.16(8)-- 25
omit, insert-- 26
`(8) Subject to subsections (9) and (10), if an exploration permit 27
terminates, the Minister may, not earlier than 6 months after the 28
termination, refund to the permit holder the amount of security deposited 29
for the permit and not used after deducting the amounts the Minister 30
considers should be kept towards-- 31
(a) remedying anything caused by noncompliance with the 32
s 44 51 s 45
Mineral Resources Amendment
conditions of the permit or an order or direction given by the 1
Minister to the permit holder; and 2
(b) amounts (other than penalties) the holder owes to the State under 3
this Act (whether they become owing before or after the 4
termination). 5
`(8A) Subsection (8) does not prevent the Minister refunding the security 6
within 6 months of the exploration permit's termination if the owner of the 7
land covered by the permit gives the Minister written advice that the land 8
does not need rehabilitation and the owner will not make a claim on the 9
security.'. 10
(5) Section 5.16-- 11
insert-- 12
`(10) Subsection (8) does not apply to a person who elects to deposit 13
security for all exploration permits held by the person if the person 14
continues to hold an exploration permit for which the security is held. 15
`(11) However, the Minister may, at the person's written request, reduce 16
the amount of security held for the person's exploration permits to an 17
amount decided by the Minister. 18
`(12) If the security deposited was money, an amount equal to the 19
reduction is to be refunded to the person or in accordance with any written 20
direction the holder gives to the mining registrar.'. 21
of s 5.21 (Correction of instrument of exploration permit) 22
Amendment
Clause 44. Section 5.21(a)-- 23
omit, insert-- 24
`(a) facts have appeared or been established since the grant of the 25
exploration permit justifying a correction of the instrument to 26
more accurately reflect the holder's entitlements under the permit; 27
or'. 28
of s 5.23 (Assignment of exploration permit) 29
Amendment
Clause 45.(1) Section 5.23(2)-- 30
s 46 52 s 47
Mineral Resources Amendment
omit. 1
(2) Section 5.23-- 2
insert-- 3
`(4A) The Minister may approve, and record particulars of, the exercise 4
of a power mentioned in subsection (1) even though subsections (1) and (3) 5
have not been complied with if the Minister would have approved the 6
exercise of the power if the subsections had been complied with.'. 7
of s 5.33 (Surrender of exploration permit) 8
Amendment
Clause 46.(1) Section 5.33-- 9
insert-- 10
`(1A) If land covered by the notice of surrender is not included in an 11
application to which subsection (3) applies, the holder must lodge, with the 12
notice, a final rehabilitation report stating how the holder has rehabilitated 13
land affected directly or indirectly by the holder's activities under the 14
exploration permit.'. 15
(2) Section 5.33-- 16
insert-- 17
`(4) However, the Minister may accept a surrender for land for which a 18
final rehabilitation report is lodged only if the Minister is satisfied the holder 19
has satisfactorily rehabilitated the land. 20
`(5) If the Minister is not satisfied the holder has satisfactorily 21
rehabilitated land, the Minister may, by written notice, give the holder 22
reasonable directions about rehabilitating the land. 23
`(6) The holder must comply with the directions. 24
Maximum penalty for subsection (6)--200 penalty units.'. 25
of s 5.35 (Prior notice of entry to be served) 26
Replacement
Clause 47. Section 5.35-- 27
omit, insert-- 28
s 47 53 s 47
Mineral Resources Amendment
of entry to be given 1
`Notice
`5.35(1) An exploration permit holder must give the owner of the land 2
covered by the permit written notice of entry before initial entry is made 3
under the permit. 4
`(2) The notice must be given at least 7 days before the intended entry (or 5
a shorter period acceptable to the owner and endorsed on the notice). 6
`(3) The notice must-- 7
(a) describe the activities proposed to be carried out on the land under 8
the exploration permit; and 9
(b) state when the activities are to be carried out; and 10
(c) be accompanied by a copy of-- 11
(i) the codes of conduct or practice applying to activities under 12
the permit; and 13
(ii) any statement given to the Minister about proposals to 14
protect the environment and rehabilitate the land. 15
`(4) If the owner cannot easily be contacted, the holder may notify the 16
occupier of the land of the intended entry. 17
18
Examples of owner not being easily contacted--
19
1. The owner does not live in Australia and there is no known current address for
20
the owner.
21
2. The owner is travelling within Australia and there is no known current address
22
for the owner.
`(5) If the holder satisfies the mining registrar it is impracticable to give 23
either the owner or occupier notice of the intended entry, the mining 24
registrar may dispense with the need to give notice. 25
`(6) If the mining registrar dispenses with the need to give notice, the 26
mining registrar must make an appropriate endorsement on the permit. 27
`(7) However, before making the endorsement, the mining registrar may 28
require the holder to take the action the mining registrar considers 29
appropriate to publicise the proposed entry, including, for example, 30
publishing an advertisement in a newspaper or other publication. 31
s 47 54 s 47
Mineral Resources Amendment
and renewal of notice 1
`Term
`5.35A(1) If an exploration permit holder gives notice of initial entry for 2
land, the notice-- 3
(a) permits entry for 3 months from the day stated in the notice; and 4
(b) may permit entry for a longer period if the owner's written 5
consent to the longer period is lodged with the mining registrar.18 6
`(2) The notice may be renewed. 7
`(3) A notice of renewal must-- 8
(a) be given to the owner at least 7 days (or a shorter period 9
acceptable to the owner and endorsed on the notice), but not more 10
than 21 days, before the current notice ends; and 11
(b) contain information of the kind mentioned in section 5.35(3) that 12
is relevant to the period of renewal. 13
`(4) The holder must give the mining registrar a copy of the notice or 14
notice of renewal. 15
`(5) If the owner of the land cannot easily be contacted, the holder may 16
notify the occupier of the land of the intended entry. 17
18
Examples of owner not being easily contacted--
19
1. The owner does not live in Australia and there is no known current address for
20
the owner.
21
2. The owner is travelling within Australia and there is no known current address
22
for the owner.
`(6) If the holder satisfies the mining registrar it is impracticable to give 23
either the owner or occupier notice of the intended entry, the mining 24
registrar may dispense with the need to give notice. 25
`(7) If the mining registrar dispenses with the need to give notice, the 26
mining registrar must make an appropriate endorsement on the permit. 27
`(8) However, before making the endorsement, the mining registrar may 28
require the holder to take the action the mining registrar considers 29
appropriate to publicise the proposed entry, including, for example, 30
publishing an advertisement in a newspaper or other publication. 31
18 See section 5.35 (Notice of entry to be given)
s 48 55 s 49
Mineral Resources Amendment
of new s 5.36A 1
Insertion
Clause 48. After section 5.36-- 2
insert-- 3
of land covered by exploration permits 4
`Rehabilitation
`5.36A(1) Within 28 days after termination of an exploration permit, the 5
holder must give the Minister a final rehabilitation report stating how the 6
56holder has rehabilitated land affected directly or indirectly by the holder's 7
activities under the permit. 8
`(2) After considering the report, the Minister may, by written notice, 9
direct the holder to give the Minister further stated and reasonable 10
information about the rehabilitation. 11
`(3) If the Minister is not satisfied the holder has satisfactorily 12
rehabilitated land, the Minister may, by written notice, give the holder 13
reasonable directions about rehabilitating the land. 14
`(4) The holder must comply with the directions. 15
Maximum penalty--200 penalty units. 16
`(5) The holder and the holder's employees or agents may, to the extent 17
reasonable and necessary to comply with the directions-- 18
(a) enter land stated in the notice; and 19
(b) bring onto the land vehicles, vessels, machinery and equipment. 20
`(6) This section does not apply if-- 21
(a) a final rehabilitation report is lodged with a notice of surrender of 22
an exploration permit; or 23
(b) the termination is for granting a new exploration permit, a mineral 24
development licence or a mining lease for the same land.'. 25
of s 5.39 (Reference by owner or holder to mining 26
Replacement
registrar) 27
Clause 49. Section 5.39-- 28
omit, insert-- 29
s 49 56 s 49
Mineral Resources Amendment
registrar may call conference in some cases 1
`Mining
`5.39(1) This section applies if-- 2
(a) an owner of land who is concerned about any of the following 3
gives the mining registrar for the mining district written notice of 4
the concerns-- 5
(i) that someone claiming to act under an exploration permit, or 6
to have entered land on the permit holder's instructions, is 7
not authorised to be on the land or is not complying with a 8
provision of this Act or a condition of the permit; 9
(ii) activities being, or proposed to be, carried out on the land 10
apparently under an exploration permit (including when the 11
activities are being, or are to be, carried out); 12
(iii) the conduct on the land of someone apparently acting under 13
an exploration permit; or 14
(b) an exploration permit holder who is concerned about something 15
relevant to the permit involving the holder and the owner of land 16
gives the mining registrar written notice of the concerns; or 17
(c) for another reason, the mining registrar considers it desirable to 18
call a conference to discuss concerns about an exploration permit. 19
`(2) If subsection (1)(a) or (b) applies, the mining registrar-- 20
(a) must investigate the concerns; and 21
(b) may call a conference about the concerns, by written notice given 22
to the owner of the land and the exploration permit holder. 23
`(3) If subsection (1)(c) applies, the mining registrar may call a 24
conference about the exploration permit, by written notice given to-- 25
(a) the owners of land covered by the permit who appear to the 26
mining registrar to be affected by the concerns; and 27
(b) the exploration permit holder; and 28
(c) anyone else the mining registrar considers should be given notice 29
of the conference. 30
`(4) The notice must state when and where the conference will be held 31
and what is to be discussed at the conference. 32
s 49 57 s 49
Mineral Resources Amendment
may attend conference 1
`Who
`5.39A(1) Apart from the mining registrar, anyone given notice of a 2
conference about an exploration permit (a "section 5.39 conference") may 3
attend and take part in the conference. 4
`(2) Also, with the mining registrar's approval, someone else may be 5
present to help a person attending the conference. 6
`(3) However, a person may not be represented at the conference by a 7
lawyer. 8
happens if someone does not attend 9
`What
`5.39B The mining registrar may hold a section 5.39 conference even 10
though someone given notice of the conference does not attend the 11
conference. 12
registrar's function at section 5.39 conference 13
`Mining
`5.39C The mining registrar must endeavour to help those attending a 14
section 5.39 conference to reach an early, inexpensive settlement of the 15
things discussed. 16
and statements at section 5.39 conference 17
`Agreements
`5.39D(1) If parties to a section 5.39 conference reach agreement about 18
something discussed at the conference, the parties must put it into writing, 19
sign it and lodge it with the mining registrar. 20
`(2) A person attending the conference must not disclose or publish 21
anything said at the conference other than in an agreement mentioned in 22
subsection (1). 23
`(3) Nothing said by a person at the conference is admissible in a 24
proceeding without the person's consent. 25
Court may award costs 26
`Wardens
`5.39E(1) If-- 27
(a) a person agrees to attend a section 5.39 conference but does not 28
s 49 58 s 49
Mineral Resources Amendment
attend; and 1
(b) someone else does attend (the "attending party"); 2
the attending party may apply to the Wardens Court for an order requiring 3
the person who did not attend to pay the attending party's reasonable costs 4
of attending. 5
`(2) If the Wardens Court orders a person to pay the attending party's 6
costs, the Wardens Court must decide the amount of the costs. 7
`(3) However, the Wardens Court must not order a person to pay costs if 8
the Wardens Court is satisfied the person had a reasonable excuse for not 9
attending the conference.19 10
registrar may recommend action to ease concerns 11
`Mining
`5.39F(1) If the mining registrar considers an exploration permit holder 12
should take action to ease concerns of an owner of land or another 13
exploration permit holder, the mining registrar may recommend the action 14
to the Minister. 15
`(2) The Minister may give the exploration permit holder the directions 16
the Minister considers appropriate about the recommended action. 17
`(3) A failure by the holder to comply with the Minister's directions is 18
taken to be a breach of a condition of the exploration permit. 19
`(4) If the Minister gives a direction under subsection (2), the chief 20
executive must give a copy to the owner. 21
`(5) The mining registrar must give the land's owner and the exploration 22
permit holder written notice of-- 23
(a) the substance of any recommendation made to the Minister under 24
subsection (1) or, if the mining registrar decides not to make a 25
recommendation, the mining registrar's decision; and 26
(b) any other action the mining registrar has taken to ease the 27
concerns of the owner or exploration permit holder.'. 28
19 Orders of a Wardens Court may be enforced under section 10.34 (Enforcement of
decisions etc. of Wardens Court).
s 50 59 s 51
Mineral Resources Amendment
of s 6.3 (Obligations and entitlement under mineral 1
Amendment
development licence) 2
Clause 50.(1) Section 6.3(4)-- 3
omit, insert-- 4
`(4) A mineral development licence authorises a person to enter the 5
surface of land that was restricted land when the application for the licence 6
is lodged only if-- 7
(a) the owner of the land where the relevant permanent building, or 8
relevant feature, is situated, consents in writing to the application; 9
and 10
(b) the applicant gives the consent to the chief executive.'. 11
of new s 6.3A 12
Insertion
Clause 51. After section 6.3-- 13
insert-- 14
is excluded from mineral development licence if covered by 15
`Land
other authority under Act 16
`6.3A(1) This section applies if-- 17
(a) the chief executive accepts lodgment of an application for a 18
mineral development licence for particular land; and 19
(b) all or some of the land covered by the accepted application is-- 20
(i) covered by an existing mining claim or mining lease; or 21
(ii) included in an earlier application for a mining claim or 22
mining lease. 23
`(2) Land mentioned in subsection (1)(b) that is within the boundaries of 24
the accepted application, and its surface, ("excluded land") is taken to be 25
excluded from the land covered by a mineral development licence granted 26
for the land on the accepted application. 27
`(3) However, the land is excluded land-- 28
(a) if subsection (1)(b)(i) applies--only while it is covered by an 29
existing mining claim or mining lease; or 30
s 52 60 s 52
Mineral Resources Amendment
(b) if subsection (1)(b)(ii) applies-- 1
(i) until the earlier application is abandoned or rejected; or 2
(ii) while it is covered by a mining claim or mining lease 3
granted on the earlier application. 4
`(4) If excluded land within the boundaries of the mineral development 5
licence ceases to be excluded land, it is taken to be included in the mineral 6
development licence.'. 7
of s 6.4 (Application for mineral development licence) 8
Amendment
Clause 52.(1) Section 6.4(k), after `the land'-- 9
insert-- 10
`and the mineral'. 11
(2) Section 6.4(m)-- 12
omit, insert-- 13
`(m) if the nature of the activities proposed to be conducted under the 14
mineral development licence may have an environmental 15
impact--be accompanied by a statement containing proposals-- 16
(i) to protect the environment while conducting the activities; 17
and 18
(ii) for the progressive and final rehabilitation of the land; and 19
(n) be accompanied by-- 20
(i) a statement, acceptable to the Minister-- 21
(A) giving a detailed description and technical particulars of 22
the mineral occurrence for which the mineral 23
development licence is sought together with any 24
necessary supporting documents; and 25
(B) stating the activities (if any) proposed to be conducted 26
under the mineral development licence, including, for 27
example, work programs, amounts to be spent and 28
studies to be performed; and 29
(ii) a statement, acceptable to the Minister, separate from the 30
s 53 61 s 55
Mineral Resources Amendment
statement mentioned in subparagraph (i), detailing the 1
applicant's financial and technical resources; and 2
(iii) the application fee prescribed under a regulation.'. 3
of s 6.11 (Provision of security) 4
Amendment
Clause 53.(1) Section 6.11(1)(d)-- 5
omit, insert-- 6
`(d) amounts (other than penalties) payable to the State under this 7
Act.'. 8
(2) Section 6.11(4)-- 9
omit. 10
(3) Section 6.11(8), `the expiration or'-- 11
omit. 12
(4) Section 6.11(9)(d)-- 13
omit, insert-- 14
`(d) amounts (other than penalties) the holder owes to the State under 15
this Act (whether the amounts became owing before or after the 16
termination).'. 17
of s 6.14 (Rental payable on mineral development licence) 18
Amendment
Clause 54. Section 6.14(4)(b), `31 March'-- 19
omit, insert-- 20
`1 April'. 21
of s 6.15 (Conditions of mineral development licence) 22
Amendment
Clause 55.(1) Section 6.15(1)(c)-- 23
omit, insert-- 24
`(c) a condition that the holder must rehabilitate the surface of the land 25
covered by the mineral development licence to the Minister's 26
s 56 62 s 56
Mineral Resources Amendment
satisfaction; and'. 1
(2) Section 6.15(1)(g)-- 2
omit, insert-- 3
`(g) a condition that the holder must, when, and in the way, the 4
Minister requires, give to the Minister-- 5
(i) progress and final reports, accompanied by maps, sections, 6
charts and other data giving full particulars and results of 7
activities carried out on the area specified by the Minister, 8
including details of costs incurred for specified periods 9
within the term of the mineral development licence; and 10
(ii) materials obtained because of the holder's activities under 11
the mineral development licence; and 12
(iii) an environmental management plan for the holder's 13
activities under the mineral development licence; and'. 14
(3) Section 6.15(5), after `conduct'-- 15
insert-- 16
`or practice'. 17
of new ss 6.15A and 6.15B 18
Insertion
Clause 56. After section 6.15-- 19
insert-- 20
guidelines for environmental impact statements 21
`Draft
`6.15A(1) This section applies if a mineral development licence holder 22
gives written notice to the Minister of the holder's plans to prepare an 23
environmental impact statement about a proposed mining project. 24
`(2) The Minister must issue draft guidelines for the preparation of the 25
statement within 28 days after receiving the notice. 26
`(3) The draft guidelines-- 27
(a) must state the things the environmental impact statement must 28
address; and 29
(b) may state the way the things may or must be addressed. 30
s 57 63 s 57
Mineral Resources Amendment
`(4) The Minister must give a copy of the draft guidelines to the holder 1
and the mining registrar. 2
`(5) The mining registrar must-- 3
(a) immediately display a notice at the mining registrar's office 4
stating that the draft guidelines are available for comment until a 5
stated day, at least 28 days after the day the notice is displayed; 6
and 7
(b) give a copy of the notice to the holder. 8
`(6) Within 7 days of receiving the notice or a longer period fixed by the 9
mining registrar, the holder must-- 10
(a) publish a copy of the notice in a newspaper circulating generally 11
in the relevant mining district; and 12
(b) give the mining registrar a statutory declaration stating that the 13
holder has published the notice. 14
`(7) Anyone may lodge written comments about the draft guidelines at 15
the mining registrar's office on or before the stated day. 16
for environmental impact statements 17
`Guidelines
`6.15B(1) After considering any written comments lodged at the mining 18
registrar's office on or before the day for making written comments about 19
draft guidelines, the Minister must issue guidelines for the preparation of 20
the environmental impact statement. 21
`(2) The Minister must give a copy of the guidelines to the holder, the 22
owner of the land covered by the mineral development licence and the 23
relevant local government within 28 days after the day for lodging written 24
comments about the draft guidelines ends.'. 25
of s 6.17 (Assignment etc. of mineral development 26
Amendment
licence) 27
Clause 57. Section 6.17-- 28
insert-- 29
`(4A) The Minister may approve, and record particulars of, the exercise 30
s 58 64 s 59
Mineral Resources Amendment
of a power mentioned in subsection (1) even though subsections (2) and (3) 1
have not been complied with if the Minister would have approved the 2
exercise of the power if the subsections had been complied with.'. 3
of s 6.25 (Correction of instrument of mineral 4
Amendment
development licence) 5
Clause 58. Section 6.25(b)-- 6
omit, insert-- 7
`(b) facts have appeared or been established since the grant of the 8
mineral development licence justifying a correction of the 9
instrument to more accurately reflect the holder's entitlements 10
under the licence; or'. 11
of new s 6.26A 12
Insertion
Clause 59. After section 6.26-- 13
insert-- 14
other minerals to licence 15
`Adding
`6.26A(1) The holder of a mineral development licence for particular 16
minerals may lodge a written application with the chief executive for the 17
Minister's approval to add stated minerals to the licence. 18
`(2) The application must be accompanied by the application fee 19
prescribed under a regulation. 20
`(3) The Minister may approve or reject the application. 21
`(4) The approval may be given on the conditions the Minister considers 22
appropriate, including conditions requiring the holder to deposit a stated 23
amount of additional security. 24
`(5) If the Minister approves the application, the mineral development 25
licence is taken to include the stated minerals-- 26
(a) if the Minister requires the holder to deposit additional 27
security--on the day the applicant deposits the additional security; 28
or 29
(b) if paragraph (a) does not apply--on the day the Minister approves 30
s 60 65 s 61
Mineral Resources Amendment
the application. 1
`(6) Particulars of an approval under this section must be recorded in the 2
appropriate register and endorsed on the holder's licence.'. 3
of s 6.28 (Surrender of mineral development licence) 4
Amendment
Clause 60.(1) Section 6.28(2)(c)-- 5
omit, insert-- 6
`(c) if land covered by the surrender is not included in an application 7
for a new mineral development licence or a mining lease--a final 8
rehabilitation report stating how the holder has rehabilitated land 9
affected directly or indirectly by the holder's mining activities 10
under the licence; and 11
(d) the fee prescribed under a regulation.'. 12
(2) Section 6.28-- 13
insert-- 14
`(3A) The Minister may consent to a surrender under subsection (3) for 15
land for which a final rehabilitation report is lodged only if the Minister is 16
satisfied the holder has satisfactorily rehabilitated the land. 17
`(3B) If the Minister is not satisfied the holder has satisfactorily 18
rehabilitated land, the Minister may, by written notice, give the holder 19
reasonable directions about rehabilitating it. 20
`(3C) The holder must comply with the directions. 21
Maximum penalty--500 penalty units.'. 22
of s 6.29 (Prior notice of entry to be served) 23
Replacement
Clause 61. Section 6.29-- 24
omit, insert-- 25
`Notice of entry to be given 26
`6.29(1) A mineral development licence holder must give the owner of 27
the land covered by the licence written notice of entry before initial entry is 28
made under the licence. 29
s 61 66 s 61
Mineral Resources Amendment
`(2) The notice must be given at least 7 days before the entry (or a shorter 1
period acceptable to the owner and endorsed on the notice). 2
`(3) The notice must-- 3
(a) describe the activities proposed to be carried out on the land under 4
the mineral development licence; and 5
(b) state when the activities are to be carried out; and 6
(c) be accompanied by a copy of-- 7
(i) the codes of conduct or practice applying to activities under 8
the licence; and 9
(ii) any statement given to the Minister about proposals to 10
protect the environment and rehabilitate the land. 11
`(4) If the owner cannot easily be contacted, the holder may notify the 12
occupier of the land of the intended entry. 13
14
Examples of owner not being easily contacted--
15
1. The owner does not live in Australia and there is no known current address for
16
the owner.
17
2. The owner is travelling within Australia and there is no known current address
18
for the owner.
`(5) If the holder satisfies the mining registrar it is impracticable to give 19
either the owner or occupier notice of the intended entry, the mining 20
registrar may dispense with the need to give notice. 21
`(6) If the mining registrar dispenses with the need to give notice, the 22
mining registrar must make an appropriate endorsement on the notice. 23
`(7) However, before making the endorsement, the mining registrar may 24
require the holder to take the action the mining registrar considers 25
appropriate to publicise the proposed entry, including, for example, 26
publishing an advertisement in a newspaper or other publication. 27
and renewal of notice 28
`Term
`6.29A(1) If a mineral development licence holder gives an owner of 29
land notice of entry, the notice-- 30
(a) permits entry for 3 months from the day stated in the notice; and 31
s 62 67 s 62
Mineral Resources Amendment
(b) may permit entry for a longer period if the owner's written 1
consent to the longer period of entry is lodged with the mining 2
registrar.20 3
`(2) The notice may be renewed. 4
`(3) A notice of renewal must-- 5
(a) be given to the owner at least 7 days (or a shorter period 6
acceptable to the owner and endorsed on the notice), but not more 7
than 21 days, before the earlier notice expires; and 8
(b) contain information of the kind mentioned in section 6.29(3) that 9
is relevant to the period of renewal. 10
`(4) The holder must give the mining registrar a copy of the notice or 11
notice of renewal.'. 12
of new s 6.30A 13
Insertion
Clause 62. After section 6.30-- 14
insert-- 15
of land covered by mineral development licence 16
`Rehabilitation
`6.30A(1) Within 28 days after the termination of a mineral development 17
licence, the holder must give the Minister a final rehabilitation report stating 18
how the holder has rehabilitated land affected directly or indirectly by the 19
holder's activities under the licence. 20
`(2) After considering the report, the Minister may, by written notice, 21
direct the holder to give the Minister further stated and reasonable 22
information about the rehabilitation. 23
`(3) If the Minister is not satisfied the holder has satisfactorily 24
rehabilitated land, the Minister may, by written notice, give the holder 25
reasonable directions about rehabilitating the land. 26
`(4) The holder must comply with the directions. 27
Maximum penalty--500 penalty units. 28
`(5) The holder and the holder's employees or agents may, to the extent 29
20 See section 6.29 (Notice of entry to be given)
s 63 68 s 63
Mineral Resources Amendment
reasonable and necessary to comply with the directions-- 1
(a) enter land stated in the notice; and 2
(b) bring onto the land vehicles, vessels, machinery and equipment. 3
`(6) This section does not apply if-- 4
(a) a final rehabilitation report is lodged with a notice of surrender of 5
a mineral development licence; or 6
(b) the termination is for granting a new mineral development licence 7
or a mining lease for the same land.'. 8
of s 6.33 (Reference by owner or holder to mining 9
Replacement
registrar) 10
Clause 63. Section 6.33-- 11
omit, insert-- 12
registrar may call conference in some cases 13
`Mining
`6.33(1) This section applies if-- 14
(a) an owner of land who is concerned about any of the following 15
gives the mining registrar written notice of the concerns-- 16
(i) that someone claiming to act under a mineral development 17
licence, or to have entered land on the licence holder's 18
instructions, is not authorised to be on the land or is not 19
complying with a provision of this Act or a condition of the 20
licence; 21
(ii) activities being, or proposed to be, carried out on the land 22
apparently under a mineral development licence (including 23
when the activities are being, or are to be, carried out); 24
(iii) the conduct on the land of someone apparently acting under 25
a mineral development licence; or 26
(b) a mineral development licence holder who is concerned about 27
something relevant to the licence involving the holder and the 28
owner of land gives the mining registrar written notice of the 29
concerns; or 30
(c) for another reason, the mining registrar considers it desirable to 31
s 63 69 s 63
Mineral Resources Amendment
call a conference to discuss concerns about a mineral 1
development licence. 2
`(2) If subsection (1)(a) or (b) applies, the mining registrar-- 3
(a) must investigate the concerns; and 4
(b) may call a conference about the concerns, by written notice given 5
to the owner of the land and the mineral development licence 6
holder. 7
`(3) If subsection (1)(c) applies, the mining registrar may call a 8
conference about the mineral development licence, by written notice given 9
to-- 10
(a) the owners of land covered by the licence who appear to the 11
mining registrar to be affected by the concerns; and 12
(b) the mineral development licence holder; and 13
(c) anyone else the mining registrar considers should be given notice 14
of the conference. 15
`(4) The notice must state when and where the conference will be held 16
and what is to be discussed at the conference. 17
may attend conference 18
`Who
`6.33A(1) Apart from the mining registrar, anyone given notice of a 19
conference about a mineral development licence (a "section 6.33 20
conference") may attend and take part in the conference. 21
`(2) Also, with the mining registrar's approval, someone else may be 22
present to help a person attending the conference. 23
`(3) However, a person may not be represented at the conference by a 24
lawyer. 25
happens if someone does not attend 26
`What
`6.33B The mining registrar may hold a section 6.33 conference even 27
though someone given notice of the conference does not attend the 28
conference. 29
s 63 70 s 63
Mineral Resources Amendment
registrar's function at section 6.33 conference 1
`Mining
`6.33C The mining registrar must endeavour to help those attending a 2
section 6.33 conference to reach an early, inexpensive settlement of the 3
things discussed. 4
and statements at section 6.33 conference 5
`Agreements
`6.33D(1) If parties to a section 6.33 conference reach agreement about 6
something discussed at the conference, the parties must put the agreement 7
into writing, sign it and lodge it with the mining registrar. 8
`(2) A person attending the conference must not disclose or publish 9
anything said at the conference other than in an agreement mentioned in 10
subsection (1). 11
`(3) Nothing said by a person at the conference is admissible in a 12
proceeding without the person's consent. 13
Court may award costs 14
`Wardens
`6.33E(1) If-- 15
(a) a person agrees to attend a section 6.33 conference but does not 16
attend; and 17
(b) someone else does attend (the "attending party"); 18
the attending party may apply to the Wardens Court for an order requiring 19
the person who did not attend to pay the attending party's reasonable costs 20
of attending. 21
`(2) If the Wardens Court orders a person to pay the attending party's 22
costs, the Wardens Court must decide the amount of the costs. 23
`(3) However, the Wardens Court must not order a person to pay costs if 24
the Wardens Court is satisfied the person had a reasonable excuse for not 25
attending the conference.21 26
21 Orders of a Wardens Court may be enforced under section 10.34 (Enforcement of
decisions etc. of Wardens Court).
s 64 71 s 64
Mineral Resources Amendment
registrar may recommend action to ease concerns 1
`Mining
`6.33F(1) If the mining registrar considers a mineral development 2
licence holder should take stated action to ease concerns of an owner of land 3
or another mineral development licence holder, the mining registrar may 4
recommend the action to the Minister. 5
`(2) The Minister may give the mineral development licence holder the 6
directions the Minister considers appropriate about the recommended 7
action. 8
`(3) A failure by the holder to comply with the Minister's directions is 9
taken to be a breach of a condition of the mineral development licence. 10
`(4) If the Minister gives a direction under subsection (2), the chief 11
executive must give a copy to the owner. 12
`(5) The mining registrar must give the owner and the other mineral 13
development licence holder written notice of-- 14
(a) the substance of any recommendation made to the Minister under 15
subsection (1) or, if the mining registrar decides not to make a 16
recommendation, the mining registrar's decision; and 17
(b) any other action the mining registrar has taken to ease the 18
concerns of the owner or mineral development licence holder.'. 19
of s 6.38 (Effect of termination of mineral development 20
Replacement
licence) 21
Clause 64. Section 6.38-- 22
omit, insert-- 23
of termination of mineral development licence 24
`Effect
`6.38(1) This section applies on the termination of a mineral 25
development licence. 26
`(2) However, this section does not apply to a mineral development 27
licence if the termination is for granting a new mineral development licence 28
or a mining lease over the land covered by the terminated licence to the 29
holder of the terminated licence. 30
`(3) On the termination of a mineral development licence, the ownership 31
of machinery, equipment and removable improvements ("plant") on the 32
s 64 72 s 64
Mineral Resources Amendment
land covered by the terminated licence divests from the owner and vests in 1
the State. 2
`(4) However, subsection (3) applies to plant only if the plant was 3
brought onto the land under the terminated mineral development licence. 4
may be made for approval to remove plant 5
`Application
`6.38A(1) This section applies to plant that vests in the State on the 6
termination of a mineral development licence. 7
`(2) Anyone who had an interest in the plant immediately before its 8
ownership vested in the State may apply in writing to the Minister for 9
permission to remove the plant from the land. 10
`(3) The application-- 11
(a) must be made within 28 days after the plant vests in the State (or 12
a longer period, of not more than 3 months, allowed by the 13
Minister); and 14
(b) may be made even though a subsequent grant of a mining claim, 15
exploration permit, mineral development licence or mining lease 16
has been made over the land. 17
`(4) The Minister may approve or refuse to approve the application. 18
`(5) However, the Minister must approve the application if the Minister 19
is satisfied-- 20
(a) the person was entitled to the plant immediately before it vested in 21
the State; and 22
(b) there is enough security held for the terminated mineral 23
development licence to meet the costs for which it was 24
deposited.22 25
`(6) An approval may be given on conditions stated in it. 26
`(7) If the application is approved, the person named in the approval may 27
enter the land and remove the plant (other than any covers, fencing, casings, 28
linings, timbering or other things securing the safety of the land) stated in 29
the application before the time stated in the approval ends. 30
22 See section 6.11 (Provision of security)
s 65 73 s 65
Mineral Resources Amendment
`(8) Anything lawfully removed under subsection (7) divests from the 1
State and vests in the person entitled to it immediately before the 2
termination of the mineral development licence. 3
remaining on former mineral development licence may be sold 4
`Plant
etc. 5
`6.38B(1) This section applies if the chief executive has not received, or 6
has received but not granted, an application for approval to remove plant 7
from the site of a terminated mineral development licence within 3 months 8
after the licence's termination. 9
`(2) The chief executive may direct the mining registrar to-- 10
(a) sell the plant by public auction or in another stated way; or 11
(b) if the plant has no commercial value--dispose of or destroy it. 12
`(3) Proceeds of a sale are to be applied in the following order towards-- 13
(a) the reasonable expenses incurred in the sale; 14
(b) the cost of rectifying actual damage for which an amount of 15
security deposited for the terminated mineral development licence 16
could have been used but was not used, or was inadequate; 17
(c) amounts owing to the State under this Act by the former holder; 18
(d) amounts owing to a mortgagee under a mortgage registered under 19
this Act over the mineral development licence. 20
`(4) Any balance must be paid to the former holder. 21
`(5) If the mining registrar cannot decide the identity of, or locate, a 22
person entitled to the proceeds or part of the proceeds, the mining registrar 23
may pay the amount to the Public Trustee as unclaimed moneys. 24
`(6) Compensation is not payable for a sale, disposal or destruction under 25
this section.'. 26
of new s 7.5A 27
Insertion
Clause 65. After section 7.5-- 28
insert-- 29
s 66 74 s 66
Mineral Resources Amendment
and other activities on land not included in surface area 1
`Drilling
`7.5A(1) A mining lease holder may apply in writing to the Minister for 2
approval to conduct drilling and other activities on land not included in the 3
surface area covered under the lease. 4
`(2) The application-- 5
(a) must be lodged with the mining registrar; and 6
(b) must describe-- 7
(i) the activities proposed to be carried out on the land under the 8
mining lease; and 9
(ii) the area over which the activities are to be carried out on the 10
land; and 11
(iii) the measures the applicant plans to take to protect the 12
environment and rehabilitate land directly or indirectly 13
affected by the activities; and 14
(c) must state how long the activities are to be carried out; and 15
(d) must be accompanied by-- 16
(i) the written consent of the owner of the land; and 17
(ii) if there is an agreement between the holder and the owner 18
about the compensation payable to the owner for the 19
activities--a copy of the agreement; and 20
(iii) the fee prescribed under a regulation. 21
`(3) The Minister may approve or refuse to approve the application. 22
`(4) An approval may be given on conditions stated in it, including 23
conditions about, for example, depositing security and complying with 24
stated codes of conduct or practice.'. 25
of s 7.6 (Mining lease over surface that is reserve or near 26
Replacement
dwelling house etc. only with consent) 27
Clause 66. Section 7.6-- 28
omit, insert-- 29
s 67 75 s 67
Mineral Resources Amendment
lease over surface of reserve or land near a dwelling-house 1
`Mining
`7.6(1) Unless the Governor in Council otherwise approves, a mining 2
lease may be granted over the surface of a reserve only if-- 3
(a) the owner of the reserve consents in writing to granting the lease; 4
and 5
(b) the applicant lodges the consent with the mining registrar before 6
the last objection day ends. 7
`(2) Also, a mining lease may be granted over the surface of land that 8
was restricted land when the application for the lease was lodged only if-- 9
(a) the owner of the land where the relevant permanent building, or 10
relevant feature, is situated, consents in writing to the application; 11
and 12
(b) the applicant lodges the consent with the mining registrar before 13
the last objection day ends. 14
`(3) A consent given for subsection (2) cannot be withdrawn.'. 15
of s 7.13 (Application for grant of mining lease) 16
Amendment
Clause 67.(1) Section 7.13(1)(n) and (o)-- 17
omit, insert-- 18
`(n) subject to section 7.15A,23 be accompanied by the consent in 19
writing of each exploration permit or mineral development licence 20
holder for the land and mineral who is not an applicant; and 21
(o) be accompanied by-- 22
(i) proof, to the mining registrar's satisfaction, of the 23
applicant's identity; and 24
(ii) the number of additional copies of the application, and other 25
documents lodged with the application, the mining registrar 26
requires; and 27
(iii) a statement, acceptable to the Minister-- 28
23 See section 7.15A (Consent of certain parties with registered interests to be
obtained).
s 68 76 s 68
Mineral Resources Amendment
(A) outlining the mining program proposed, outlining its 1
method of operation, and providing an indication of 2
when operations are expected to start or, if a mining 3
program is not proposed, outlining the use proposed 4
for the land and providing an indication of when the 5
proposed use is to start; and 6
(B) of proposals for infrastructure requirements necessary 7
to enable the mining program to proceed, or additional 8
activities to be carried on to work out the infrastructure 9
requirements;24 and 10
(iv) a statement, acceptable to the Minister and separate from the 11
statement mentioned in subparagraph (iii), detailing the 12
applicant's financial and technical resources; and 13
(v) the application fee prescribed under a regulation; and 14
(p) be accompanied by an environmental management overview 15
strategy, acceptable to the Minister, stating strategies for-- 16
(i) protecting the environment and managing environmental 17
impacts on, and in the vicinity of, the land to be covered by 18
the proposed lease; and 19
(ii) progressive and final rehabilitation of the land.'. 20
(2) Section 7.13(1A), ` subsection (1)(o)(iv)(B)'-- 21
omit, insert-- 22
`subsection (1)(o)(iii)(A)'. 23
(3) Section 7.13-- 24
insert-- 25
`(3) An environmental management overview strategy may relate to all 26
mining leases in a mining project.'. 27
of new ss 7.15A and 7.15B 28
Insertion
Clause 68. After section 7.15-- 29
24 See section 7.68 (Approval of additional activities on mining lease application).
s 68 77 s 68
Mineral Resources Amendment
insert-- 1
of certain parties with registered interests to be obtained 2
`Consent
`7.15A(1) In this section-- 3
"authority holder" means the holder of an exploration permit or mineral 4
development licence. 5
`(2) This section applies if an applicant applies for a mining lease over 6
land covered by an exploration permit or mineral development licence held 7
by someone else. 8
`(3) If the application and the authority holder's licence or permit are for 9
the same minerals, the applicant must obtain the authority holder's written 10
consent to the application. 11
`(4) If the application and the authority holder's licence or permit are for 12
different minerals, the applicant must obtain the authority holder's written 13
views on the application. 14
`(5) If the authority holder's consent is not lodged with the mining 15
registrar as required by subsection (4) before the last objection day ends, the 16
mining registrar must recommend to the Minister that the application be 17
rejected. 18
`(6) If the authority holder's views are not lodged with the mining 19
registrar as required by subsection (4) before the last objection day ends, the 20
applicant must lodge with the mining registrar before the last objection day 21
ends a statutory declaration stating why the applicant cannot obtain the 22
views. 23
of certain parties with pending applications to be obtained 24
`Consent
`7.15B(1) This section applies if-- 25
(a) a person (the "earlier applicant") makes an application to the 26
chief executive for an exploration permit or mineral development 27
licence over land; and 28
(b) someone else (the "later applicant") makes a later application to 29
the mining registrar for a mining lease over land included in the 30
earlier application. 31
`(2) The later applicant must obtain the earlier applicant's written consent 32
s 69 78 s 70
Mineral Resources Amendment
to the later application if both applications are for the same mineral. 1
`(3) The later applicant must obtain the earlier applicant's written views 2
on the later application if the applications are for different minerals. 3
`(4) The earlier applicant's consent or views-- 4
(a) may be lodged with the mining registrar before the earlier 5
application is decided; or 6
(b) if the earlier application is decided by the grant of an exploration 7
permit or mineral development licence--must be lodged with the 8
mining registrar within 28 days after the grant of the permit or 9
licence. 10
`(5) The mining registrar must not deal with the later application until the 11
earlier application is finally decided. 12
`(6) However, the mining registrar may deal with the later application 13
before the earlier application is finally decided if-- 14
(a) for applications for the same mineral--the earlier applicant's 15
consent to the later application is lodged with the mining registrar; 16
or 17
(b) for applications for different minerals--the earlier applicant's 18
views on the later application are lodged with the mining registrar 19
and the earlier applicant is not opposed to the later application.'. 20
of s 7.16 (Rejection of application by mining registrar) 21
Amendment
Clause 69. Section 7.16(2)-- 22
omit, insert-- 23
`(2) The mining registrar may reject an application for a mining lease for 24
all or part of land that appears, on evidence available to the mining registrar, 25
to be covered by a mining claim, mineral development licence (other than 26
the licence held by the applicant) or mining lease, or an application for the 27
grant of a mining claim, mineral development licence or mining lease.'. 28
of s 7.18 (Certificate of application etc.) 29
Amendment
Clause 70.(1) Section 7.18(1A)-- 30
s 71 79 s 71
Mineral Resources Amendment
omit, insert-- 1
`(1A) The mining registrar must endorse on the certificate of 2
application-- 3
(a) the number of the proposed mining lease; and 4
(b) the date and time the application was lodged; and 5
(c) the day the mining registrar fixes, at least 28 days after the day of 6
the certificate's issue, as the last objection day for the application. 7
`(1AA) The person lodging the application must sign the certificate.'. 8
(2) Section 7.18(3)(c)-- 9
omit, insert-- 10
`(c) give a true copy of the application (but not the statement detailing 11
the applicant's financial and technical resources) and the endorsed 12
certificate of application to-- 13
(i) each owner of land, including access land, to which the 14
proposed mining lease relates; and 15
(ii) each holder of, or applicant for, an exploration permit over 16
the land for a mineral other than the mineral to which the 17
proposed mining lease relates; and 18
(iii) each holder of, or applicant for, a mineral development 19
licence over the land for a mineral other than the mineral to 20
which the proposed mining lease relates; and 21
(iv) the relevant local government; and'. 22
(3) Section 7.18(7)-- 23
omit, insert-- 24
`(7) If an applicant for a mining lease gives the mining registrar 25
additional information about the application, the applicant must also give a 26
copy of the information to each person given a copy of the application under 27
subsection (3)(c).'. 28
of new s 7.18A 29
Insertion
Clause 71. After section 7.18-- 30
s 72 80 s 72
Mineral Resources Amendment
insert-- 1
of certificate of application 2
`Reissue
`7.18A(1) The mining registrar may reissue a certificate of application if 3
the mining registrar is satisfied it should be reissued-- 4
(a) because of an error in its preparation; or 5
(b) because compliance with the certificate is impracticable. 6
`(2) If the mining registrar reissues a certificate of application, the mining 7
registrar may extend the last date for objections to take account of the time 8
between the issue of the original certificate and its reissue.'. 9
of s 7.19 (Owner of land may request conference) 10
Replacement
Clause 72. Section 7.19-- 11
omit, insert-- 12
registrar may call conference in some cases 13
`Mining
`7.19.(1) This section applies if-- 14
(a) within 7 days after receiving a signed certificate of application for 15
a mining lease (or a longer period allowed by the mining 16
registrar), an owner of land affected by the application gives the 17
mining registrar a written request for a conference, stating the 18
things the owner wants to discuss about the application; or 19
(b) for another reason, the mining registrar considers it desirable to 20
hold a conference about a mining lease or an application for a 21
mining lease. 22
`(2) If subsection (1)(a) applies, the mining registrar must call a 23
conference about the application, by written notice given to the owner and 24
the applicant. 25
`(3) If subsection (1)(b) applies, the mining registrar may call a 26
conference about the mining lease or application, by written notice given 27
to-- 28
(a) the owners of land who appear to the mining registrar to be 29
affected by the lease or application; and 30
(b) the lease holder or applicant; and 31
s 72 81 s 72
Mineral Resources Amendment
(c) anyone else the mining registrar considers should be given notice 1
of the conference. 2
`(4) The notice must state when and where the conference will be held 3
and what is to be discussed at the conference. 4
`(5) If the conference is about an application, the conference must be held 5
before the last objection day ends. 6
may attend conference 7
`Who
`7.19A(1) Apart from the mining registrar, anyone given notice of a 8
conference about a mining lease or an application for a mining lease (a 9
"section 7.19 conference"), may attend and take part in the conference. 10
`(2) Also, with the mining registrar's approval, someone else may be 11
present to help a person attending the conference. 12
`(3) However, the person may not be represented at the conference by a 13
lawyer. 14
happens if someone does not attend 15
`What
`7.19B The mining registrar may hold a section 7.19 conference even 16
though someone given notice of the conference does not attend the 17
conference. 18
registrar's function at section 7.19 conference 19
`Mining
`7.19C The mining registrar must endeavour to help those attending a 20
section 7.19 conference to reach an early, inexpensive settlement of the 21
things discussed. 22
and statements at section 7.19 conference 23
`Agreements
`7.19D(1) If parties to a section 7.19 conference reach agreement about 24
something discussed at the conference, the parties must-- 25
(a) put the agreement into writing; and 26
(b) sign the agreement; and 27
s 73 82 s 73
Mineral Resources Amendment
(c) if the agreement is about an application for a mining lease--lodge 1
it with the mining registrar before the last objection day ends. 2
`(2) A person attending the conference must not disclose or publish 3
anything said in an oral or written statement made or given at the conference 4
other than in an agreement mentioned in subsection (1). 5
`(3) Nothing said by a person at the conference is admissible in a 6
proceeding without the person's consent. 7
Court may award costs 8
`Wardens
`7.19E(1) If-- 9
(a) a person agrees to attend a section 7.19 conference but does not 10
attend; and 11
(b) someone else does attend (the "attending party"); 12
the attending party may apply to the Wardens Court for an order requiring 13
the person who did not attend to pay the attending party's reasonable costs 14
of attending. 15
`(2) If the Wardens Court orders a person to pay the attending party's 16
costs, the Wardens Court must decide the amount of the costs.25 17
`(3) However, the Wardens Court must not order a person to pay costs if 18
the Court is satisfied the person had a reasonable excuse for not attending 19
the conference.'. 20
of s 7.20 (Objection to application for grant of mining 21
Amendment
lease) 22
Clause 73.(1) Section 7.20(1), `An eligible person, local authority or owner of 23
land'-- 24
omit, insert-- 25
`An entity'. 26
25 Orders of a Wardens Court may be enforced under section 10.34 (Enforcement of
decisions etc. of Wardens Court).
s 74 83 s 74
Mineral Resources Amendment
(2) Section 7.20(5)-- 1
omit. 2
of s 7.21 (Study into environmental impact) 3
Replacement
Clause 74. Section 7.21-- 4
omit, insert-- 5
may require environmental impact statement in some cases 6
`Minister
`7.21(1) Before the last objection day for a mining lease ends, the 7
Minister may require the applicant for the lease to-- 8
(a) carry out a study of the proposed mining project's environmental 9
impact; and 10
(b) prepare an environmental impact statement in accordance with 11
guidelines issued by the Minister. 12
`(2) The Minister must notify the mining registrar and the applicant of 13
the decision to require the applicant to prepare an environmental impact 14
statement. 15
`(3) The mining registrar must-- 16
(a) immediately display notice of the Minister's decision at the 17
mining registrar's office; and 18
(b) give a copy of the notice to-- 19
(i) the applicant; and 20
(ii) each owner of land covered by the proposed mining lease; 21
and 22
(iii) the relevant local government; and 23
(iv) anyone who has already lodged an objection to the 24
application. 25
`(4) The notice must state that the time for objecting to the application is 26
extended until a time to be fixed by the mining registrar after the applicant 27
completes the environmental impact statement. 28
`(5) Within 7 days after receiving the notice (or a longer period allowed 29
by the mining registrar), the applicant must-- 30
s 74 84 s 74
Mineral Resources Amendment
(a) publish a copy of the notice in a newspaper approved by the 1
mining registrar that circulates in the relevant mining district; and 2
(b) give the mining registrar a statutory declaration stating that the 3
applicant has published the notice. 4
`(6) This section applies to a proposed mining project for land covered 5
by an exploration permit or mineral development licence for which an 6
environmental impact statement has been prepared only if the Minister 7
considers that the way the project impacts on the environment is 8
substantially different from the impact indicated in the statement. 9
guidelines for environmental impact statements 10
`Draft
`7.21A(1) The Minister must issue draft guidelines for the preparation of 11
an environmental impact statement within 28 days after giving notice to an 12
applicant for a mining lease of any decision to require the applicant to 13
prepare the statement. 14
`(2) The draft guidelines-- 15
(a) must state the things the environmental impact statement must 16
address; and 17
(b) may state the way the things may or must be addressed. 18
`(3) The Minister must give a copy of the draft guidelines to the applicant 19
and the mining registrar. 20
`(4) The mining registrar must-- 21
(a) immediately display a notice at the mining registrar's office 22
stating that the draft guidelines are available for comment until a 23
day stated in the notice, at least 28 days after the notice is 24
displayed; and 25
(b) give a copy of the notice to anyone required to be given notice of 26
the decision to require the preparation of the environmental 27
impact statement.26 28
`(5) Anyone may lodge written comments about the draft guidelines at 29
the mining registrar's office on or before the stated day. 30
26 See section 7.21(3)(b).
s 74 85 s 74
Mineral Resources Amendment
for environmental impact statements 1
`Guidelines
`7.21B(1) After considering any written comments lodged at the mining 2
registrar's office on or before the day for making written comments about 3
the draft guidelines, the Minister must issue guidelines for the preparation 4
of the environmental impact statement. 5
`(2) The Minister must give a copy of the guidelines to-- 6
(a) the applicant; and 7
(b) each owner of land covered by the proposed mining lease; and 8
(c) the relevant local government; and 9
(d) anyone who has already lodged an objection to the application. 10
`(3) The Minister must give the copy within 28 days after the day for 11
making written comments about the draft guidelines ends. 12
happens after environmental impact statement is prepared? 13
`What
`7.21C(1) After completing the environmental impact statement, the 14
applicant must give the chief executive as many copies of the statement as 15
the chief executive requires. 16
`(2) The chief executive must immediately give the mining registrar a 17
copy of the environmental impact statement. 18
`(3) The mining registrar must immediately display a notice at the 19
mining registrar's office, stating the following-- 20
(a) the environmental impact statement is available for inspection at 21
the mining registrar's office; 22
(b) a copy may be obtained from the mining registrar at a stated cost; 23
(c) the day, 2 months after the day the notice is displayed, that is the 24
last day anyone wanting to object to the application may make 25
written objection to the mining registrar. 26
`(4) The cost of the copy must be as close as possible to the actual cost of 27
providing the copy. 28
`(5) The mining registrar must give a copy of the notice to each person 29
given notice of the decision to require the preparation of the environmental 30
impact statement. 31
s 75 86 s 76
Mineral Resources Amendment
`(6) Within 7 days after receiving the notice (or a longer period allowed 1
by the mining registrar), the applicant must-- 2
(a) publish a copy of the notice in a newspaper approved by the 3
mining registrar that circulates in the relevant mining district; and 4
(b) give the mining registrar a statutory declaration stating that the 5
applicant has published the notice. 6
`(7) The Wardens Court must not hear or continue to hear, and the 7
warden must not make a recommendation about, the application until after 8
the time for making written objections to the application ends.'. 9
of s 7.26 (Warden's recommendation on hearing) 10
Amendment
Clause 75.(1) Section 7.26(3)-- 11
insert-- 12
`(ga)any disadvantage may result to the rights of-- 13
(i) holders of existing exploration permits or mineral 14
development licences; or 15
(ii) existing applicants for exploration permits or mineral 16
development licences; and'. 17
(2) Section 7.26(3)(i), `effect'-- 18
omit, insert-- 19
`impact'. 20
of s 7.33 (Conditions of mining lease) 21
Amendment
Clause 76.(1) Section 7.33(1)(b) to (d)-- 22
omit, insert-- 23
`(b) a condition that the holder submit a plan of operations that is 24
consistent with the accepted environmental management 25
overview strategy; and 26
(c) a condition that the holder conduct mining activities under the 27
mining lease in accordance with the accepted environmental 28
management overview strategy and current plan of operations; 29
s 77 87 s 77
Mineral Resources Amendment
and 1
(d) a condition that the holder-- 2
(i) conduct an environmental audit for any proposed plan of 3
operations or amendment of a plan of operations; and 4
(ii) submit an environmental audit report with the plan or 5
amendment; and'. 6
(2) Section 7.33(1)-- 7
insert-- 8
`(ha)a condition that the holder give materials obtained under the 9
holder's mining operations to the Minister at the times, in the way 10
and in quantities the Minister reasonably requires by written 11
notice to the holder; and'. 12
(3) Section 7.33(3)-- 13
omit. 14
(4) Section 7.33(5), after `conduct'-- 15
insert-- 16
`or practice'. 17
of s 7.34 (Provision of security) 18
Amendment
Clause 77.(1) Section 7.34(1) and (2)-- 19
omit, insert-- 20
`7.34(1) The holder of a mining lease must deposit security for the lease 21
to ensure the holder-- 22
(a) complies with the conditions of the lease; and 23
(b) complies with this Act; and 24
(c) rectifies actual damage that may be caused by activities under the 25
lease to land or improvements situated on or off the land covered 26
by the lease; and 27
(d) pays amounts (other than penalties) payable under this Act to the 28
State. 29
s 78 88 s 78
Mineral Resources Amendment
`(2) The Minister must fix the amount of security to be deposited under 1
subsection (1). 2
`(2A) Despite subsection (2), the Minister may, at any time and in the 3
Minister's absolute discretion, decide that the holder must deposit extra 4
security. 5
`(2B) If the security is for a mining project, a single amount of security 6
may be deposited for all mining leases in the mining project. 7
`(2C) Before the holder of a mining lease starts operations under the 8
lease, the holder must deposit the amount fixed under subsection (2) or, 9
with the Minister's approval, security of a kind mentioned in subsection (6) 10
for the amount.'. 11
(2) Section 7.34(4)-- 12
omit. 13
(3) Section 7.34(8), `subsections (3) and (4)'-- 14
omit, insert-- 15
`subsection (3)'. 16
(4) Section 7.34(8)(b)-- 17
omit, insert-- 18
`(b) amounts (other than penalties) the holder owes to the State under 19
this Act (whether before or after the termination); and 20
(c) rates and charges (including interest on unpaid rates and charges) 21
owing to a local government by the former holder for the mining 22
lease.'. 23
(5) Section 7.34-- 24
insert-- 25
`(8A) For matters mentioned in subsection (8), security must be applied 26
to each of the matters in turn.'. 27
of s 7.38 (Determination of compensation by Wardens 28
Amendment
Court) 29
Clause 78. Section 7.38(6)-- 30
s 79 89 s 80
Mineral Resources Amendment
omit, insert-- 1
`(6) An amount of compensation decided by agreement between the 2
parties, or by the Wardens Court or the Land Court on appeal, is binding on 3
the parties and the parties' personal representatives, successors and 4
assigns.'. 5
of s 7.39 (Appeal against Wardens Court's 6
Amendment
determination upon compensation) 7
Clause 79. Section 7.39-- 8
insert-- 9
`(4A) In deciding an appeal, the Land Court must consider the things 10
relevant to the appeal that the Wardens Court was required to consider when 11
making the decision appealed against.'. 12
of s 7.43 (Renewal of mining lease) 13
Amendment
Clause 80. Section 7.43(2)(b)-- 14
omit, insert-- 15
`(b) be accompanied by-- 16
(i) written confirmation that the current environmental 17
management overview strategy is to continue unamended; or 18
(ii) an amended environmental management overview strategy 19
acceptable to the Minister; and 20
(c) be accompanied by-- 21
(i) written confirmation that the current plan of operations is to 22
continue unamended; or 23
(ii) an amended plan of operations acceptable to the Minister; 24
and 25
(d) be accompanied by the renewal fee prescribed under a 26
regulation.'. 27
s 81 90 s 85
Mineral Resources Amendment
of new s 7.44A 1
Insertion
Clause 81. After section 7.44-- 2
insert-- 3
to notify owner of grant or renewal of mining lease 4
`Holder
`7.44A(1) The holder of a mining lease must notify each owner of land 5
covered by the lease of the grant or renewal of the lease. 6
`(2) The notice must be given within 28 days after the holder receives 7
notice of the grant or renewal.'. 8
of s 7.45 (Survey) 9
Omission
Clause 82. Section 7.45-- 10
omit. 11
of s 7.46 (Mining lease where area not surveyed) 12
Amendment
Clause 83. Section 7.46(1)-- 13
omit, insert-- 14
`7.46(1) The Governor in Council may grant or renew a mining lease, 15
and the instrument of lease for the mining lease may be issued, even though 16
the boundaries of the land have not been surveyed.'. 17
of s 7.47 (Rental payable on mining lease) 18
Amendment
Clause 84. Section 7.47(4)(b), `31 March'-- 19
omit, insert-- 20
`1 April'. 21
of s 7.48 (Plan of operations) 22
Replacement
Clause 85. Section 7.48-- 23
omit, insert-- 24
s 85 91 s 85
Mineral Resources Amendment
of operations and environmental audit statement 1
`Plan
`7.48(1) The holder of a mining lease must give to the Minister-- 2
(a) a plan of operations (the "plan") for mining under the lease; and 3
(b) an environmental audit statement (the "statement") about the 4
plan's consistency with the accepted environmental management 5
overview strategy for the lease. 6
`(2) The initial plan and statement must be given to the Minister at least 7
2 months before starting operations under the lease (or a shorter period 8
approved by the Minister for the mining lease). 9
`(3) A later plan and statement must be given to the Minister at least 10
2 months before the current plan expires (or a shorter period approved by 11
the Minister for the mining lease). 12
`(4) The plan and statement may relate to mining under more than 13
1 mining lease. 14
`(5) Within 28 days of receiving the plan and statement, the Minister 15
may give the mining lease holder written notice that the plan is not 16
acceptable if the Minister is not satisfied-- 17
(a) the plan properly addresses the way the purpose of the mining 18
lease is to be carried out; or 19
(b) the way the purpose is to be carried out is consistent with this 20
Act, the conditions of the lease and the environmental 21
management overview strategy for mining under the lease; or 22
(c) the person preparing the statement acted responsibly and honestly 23
when preparing it. 24
`(6) If the Minister gives the holder notice under subsection (5) and there 25
is a current plan of operations, the current plan continues in force until the 26
Minister is given a plan of operations with which the Minister is satisfied. 27
`(7) The holder of a mining lease and anyone acting under the lease must 28
perform operations under the lease in accordance with the current plan of 29
operations for the lease. 30
s 86 92 s 86
Mineral Resources Amendment
of plan of operations 1
`Amendment
`7.48A(1) A mining lease holder may amend the plan of operations for 2
mining under the lease by giving to the Minister-- 3
(a) a document stating the way the holder proposes to amend the 4
plan; and 5
(b) an environmental audit statement about the plan as amended. 6
`(2) The amendment takes effect 28 days after the document and 7
statement are given to the Minister, unless within the 28 days the Minister 8
gives the holder written notice that the amendment is not acceptable. 9
`(3) The amendment affects the period the plan is in force, only if the 10
amendment provides it is to affect the period. 11
of plan of operations 12
`Duration
`7.48B(1) A plan of operations for a mining lease takes effect 28 days 13
after the Minister is given a copy of the plan or, if a later day of effect is 14
stated in the plan, the later day. 15
`(2) However, subsection (1) does not apply if the Minister gives the 16
holder of the lease written notice that the plan is not acceptable within 17
28 days of being given the plan. 18
`(3) The plan of operations is in force for-- 19
(a) the period the Governor in Council decides when granting the 20
lease; or 21
(b) not more than 5 years from the day it takes effect, (or a shorter 22
period fixed by the Minister by written notice given to the holder), 23
unless earlier replaced by a later plan. 24
`(4) Subsections (1), (2) and (3)(b) also apply to a plan replacing a 25
current plan of operations.'. 26
of s 7.50 (Variation of mining lease for accuracy etc.) 27
Amendment
Clause 86. Section 7.50(1)(c)-- 28
omit, insert-- 29
s 87 93 s 88
Mineral Resources Amendment
`(c) facts have appeared or been established since the grant of the 1
mining lease that satisfy the Minister that an amendment of the 2
mining lease should be made to more accurately reflect the 3
holder's entitlements under the lease;'. 4
of s 7.54 (Consolidation of mining leases) 5
Amendment
Clause 87.(1) After section 7.54(1A)-- 6
insert-- 7
`(1B) If the mining registrar is not satisfied the land is adjoining, the 8
holder may apply to the Wardens Court for an order declaring the land to be 9
adjoining land for this section.'. 10
(2) Section 7.54(2), `On the recommendation of the Minister, the 11
Governor in Council'-- 12
omit, insert-- 13
`The Governor in Council'. 14
(3) Section 7.54(2B)-- 15
omit, insert-- 16
`(2B) If, within the proposed area of the consolidated mining lease, there 17
is an area not included in 1 of the leases to be consolidated, the Governor in 18
Council may include the area in the consolidated mining lease. 19
`(2C) A consolidated mining lease may be granted only if the Minister is 20
satisfied arrangements for compensation, the deposit of security and the 21
proposed conditions of the mining lease are adequate.'. 22
(4) Section 7.54(3), `, on the recommendation of the Minister'-- 23
omit. 24
of s 7.64 (Surrender of mining lease) 25
Amendment
Clause 88.(1) Section 7.64(2)(d)-- 26
omit, insert-- 27
`(d) if land covered by the surrender is not included in an application 28
to which subsection (7) applies--a final rehabilitation report 29
s 89 94 s 89
Mineral Resources Amendment
stating how the holder has rehabilitated land affected directly or 1
indirectly by mining activities on the mining lease; and 2
(e) an environmental audit statement confirming that the holder has 3
met the rehabilitation requirements under the environmental 4
management overview strategy and plan of operations; and 5
(f) the fee prescribed under a regulation.'. 6
(2) Section 7.64-- 7
insert-- 8
`(2A) The Minister may, by written notice, give the mining lease holder 9
directions about rehabilitating the land, and require the holder to give the 10
Minister a further rehabilitation report and environmental audit statement on 11
carrying out the directions, if the Minister is not satisfied-- 12
(a) the holder has rehabilitated the land in accordance with the 13
accepted environmental management overview strategy and plan 14
of operations; and 15
(b) the person preparing the statement acted responsibly and honestly 16
when preparing the statement.'. 17
(3) Section 7.64-- 18
insert-- 19
`(3A) The Minister may accept a surrender under subsection (3) only if 20
the Minister is satisfied the holder has satisfactorily rehabilitated the land.'. 21
(4) Section 7.64(6A)-- 22
omit, insert-- 23
`(6A) In a proceeding for the recovery of an amount owing to the State 24
under this Act, a certificate signed by the chief executive stating the amount 25
of the debt is evidence of the amount of the debt.'. 26
of s 7.67 (Effect of termination of mining lease) 27
Replacement
Clause 89. Section 7.67-- 28
omit, insert-- 29
s 89 95 s 89
Mineral Resources Amendment
of termination of mining lease 1
`Effect
`7.67(1) This section applies on the termination of a mining lease. 2
`(2) However, this section does not apply to a mining lease if the 3
termination is for granting a mining claim or a new mining lease over the 4
land covered by the terminated lease to the holder of the terminated lease. 5
`(3) On the termination of the mining lease, the ownership of all mineral, 6
ore, tailings and other material ("mineral"), and any structures, machinery 7
and equipment ("property"), on the land covered by the terminated lease 8
divests from the owner and vests in the State. 9
`(4) However, subsection (3) applies to property only if it was brought 10
onto the land under the terminated mining lease. 11
for approval to remove mineral and property 12
`Application
`7.67A(1) This section applies to mineral and property that vests in the 13
State on the termination of a mining lease. 14
`(2) Anyone who had an interest in the mineral or property immediately 15
before its ownership vests in the State may apply in writing to the Minister 16
for permission to remove the mineral or property from the land. 17
`(3) The application-- 18
(a) must be made within 28 days (or a longer period, of not more 19
than 3 months, allowed by the Minister) after the mineral or 20
property vests in the State; and 21
(b) may be made even though a subsequent grant of a mining claim, 22
exploration permit, mineral development licence or mining lease 23
is made over for the land. 24
`(4) The Minister may approve or refuse to approve the application. 25
`(5) However, the Minister must approve the application if the Minister 26
is satisfied-- 27
(a) the person was entitled to the mineral or property immediately 28
before it vested in the State; and 29
s 89 96 s 89
Mineral Resources Amendment
(b) there is enough security to meet the costs for which it was 1
deposited.27 2
`(6) The approval may be given on conditions stated in it. 3
`(7) If the application is approved, the person named in the approval may 4
enter the land and remove the mineral or property (other than covers, 5
fencing, casings, linings, timbering or other things securing the safety of the 6
land) stated in the application before the time stated in the approval ends. 7
`(8) Anything removed under subsection (7) divests from the State and 8
vests in the person entitled to it immediately before the termination of the 9
mining lease. 10
`(9) However, mineral divests from the State and forms part of the land 11
if it is not removed before the later of-- 12
(a) the end of the time stated in an approval under this section; or 13
(b) 3 months after the mining lease's termination. 14
remaining on former mining lease may be sold 15
`Property
`7.67B(1) This section applies if the mining registrar has not received an 16
application, or has received an application that has not been granted, for 17
approval to remove property from the site of a terminated mining lease 18
within 3 months after the lease's termination. 19
`(2) The Minister may direct the mining registrar to-- 20
(a) sell the property by public auction or in another stated way; or 21
(b) if the property has no commercial value--dispose of or destroy it. 22
`(3) Proceeds of a sale are to be applied in the following order towards-- 23
(a) the reasonable expenses incurred in the sale; 24
(b) the cost of rectifying actual damage for which an amount of 25
security deposited for the terminated mining lease could have 26
been used, but was not used, or was inadequate; 27
(c) amounts owing to the State under this Act by the former holder; 28
27 See section 7.34 (Provision of security).
s 90 97 s 91
Mineral Resources Amendment
(d) rates and charges (including interest on unpaid rates and charges) 1
owing to a local government by the former holder for the lease; 2
(e) amounts owing to a mortgagee under a mortgage registered under 3
this Act over the lease. 4
`(4) Any balance must be paid to the former holder. 5
`(5) If the mining registrar cannot decide the identity of, or locate, a 6
person entitled to the proceeds or part of the proceeds, the mining registrar 7
may pay the amount to the Public Trustee as unclaimed moneys. 8
`(6) Compensation is not payable for a sale, disposal or destruction under 9
this section.'. 10
of s 7.68 (Approval of additional activities upon mining 11
Amendment
lease application) 12
Clause 90. Section 7.68(1)-- 13
omit, insert-- 14
`7.68(1) This section applies if an applicant for a mining lease holds an 15
existing licence, claim or permit under this Act that does not allow the 16
applicant to do something (other than winning or extracting minerals) 17
someone may do under a mining lease. 18
`(1AA) The applicant may apply to the Minister for approval to enter 19
land, or a particular part of the land, covered by the application for the lease 20
for a purpose (other than winning or extracting minerals) that is not allowed 21
under the applicant's existing authority. 22
`(1AB) This section does not limit a person's entitlement as an applicant 23
for a mining lease.'. 24
of s 7.69 (Mining lease for carriage through land) 25
Replacement
Clause 91. Section 7.69-- 26
omit, insert-- 27
`Mining lease for transportation through land 28
`7.69(1) This section applies if a person who holds a mining lease for 29
particular land-- 30
s 92 98 s 92
Mineral Resources Amendment
(a) wants a mining lease over land not covered by the person's lease 1
for the transportation of something through, over or under the 2
land by a pipeline, aerial ropeway, conveyor apparatus, 3
transmission line or similar method of transport; and 4
(b) does not hold a prospecting permit, exploration permit or mineral 5
development licence for the land. 6
`(2) The Governor in Council may grant to a person a mining lease for 7
the transportation of the thing through, over or under the land covered by 8
the application for the lease if-- 9
(a) the Minister is satisfied the proposed lease is for a purpose 10
associated with or arising from activities performed, or to be 11
performed, under the person's mining lease; or 12
(b) before the person applied for the lease, the Governor in Council, 13
under a regulation, declared the transportation of the thing 14
through, over or under land not covered by a mining lease by a 15
pipeline, aerial ropeway, conveyor apparatus, transmission line or 16
similar method of transport to be an activity associated with or 17
arising from mining. 18
`(3) An application for a mining lease under this section must be given to 19
the mining registrar for the applicant's current mining lease. 20
`(4) If land included in the application is covered by an exploration 21
permit or mineral development licence, the application does not have to be 22
accompanied by the consent of the permit or licence holder, but the 23
applicant must give written notice of the application to the permit or licence 24
holder within 7 days after lodging the application. 25
`(5) The chief executive may either completely or partly dispense with a 26
requirement under this Part for marking out the land included in the 27
application.'. 28
of new s 7.71 29
Insertion
Clause 92. After section 7.70-- 30
insert-- 31
s 92 99 s 92
Mineral Resources Amendment
of land covered by mining lease 1
`Rehabilitation
`7.71(1) Within 3 months after the termination of a mining lease, the 2
holder must give the Minister-- 3
(a) a final rehabilitation report-- 4
(i) stating that the holder has rehabilitated land affected directly 5
or indirectly by mining activities on the mining lease in 6
accordance with the accepted environmental management 7
overview strategy and plan of operations; and 8
(ii) outlining how the holder has rehabilitated the land; and 9
(b) an environmental audit statement confirming that the holder has 10
met the rehabilitation requirements under the environmental 11
management overview strategy and plan of operations. 12
`(2) Within 6 months after receiving the report and statement, the 13
Minister may give the mining lease holder reasonable directions about 14
rehabilitating the land, and require the holder to give the Minister a further 15
rehabilitation report and environmental audit statement within a stated time, 16
if the Minister is not satisfied-- 17
(a) the holder has rehabilitated the land in accordance with the 18
accepted environmental management overview strategy and plan 19
of operations; or 20
(b) the person preparing the environmental audit statement acted 21
responsibly and honestly when preparing it. 22
`(3) The holder must comply with the directions. 23
Maximum penalty--2 000 penalty units. 24
`(4) The holder and the holder's employees or agents may, to the extent 25
reasonable and necessary to comply with the directions-- 26
(a) enter land stated in the notice; and 27
(b) bring onto the land vehicles, vessels, machinery and equipment. 28
`(5) This section does not apply if-- 29
(a) a final rehabilitation report is lodged with a notice of surrender of 30
a mining lease; or 31
s 93 100 s 95
Mineral Resources Amendment
(b) the termination is for granting a mining claim or a new mining 1
lease for the same land.'. 2
of s 10.2 (Acting mining registrars) 3
Replacement
Clause 93. Section 10.2-- 4
omit, insert-- 5
mining registrar 6
`Acting
`10.2 The Minister may appoint an appropriate person to act as a mining 7
registrar during-- 8
(a) any vacancy, or all vacancies, in the office; or 9
(b) any period, or all periods, when the mining registrar is absent 10
from the State or, for another reason, cannot perform the 11
functions of the office.'. 12
of s 10.7 (Powers of mining registrars and others) 13
Amendment
Clause 94. Section 10.7(1)-- 14
insert-- 15
`(ba)a person of a class prescribed under a regulation; and'. 16
of s 10.9 (Appointment of wardens) 17
Replacement
Clause 95. Section 10.9-- 18
omit, insert-- 19
for appointment of wardens 20
`Qualifications
`10.9 A person is qualified to be appointed as a warden if the person is a 21
lawyer of at least 5 years standing. 22
of wardens 23
`Appointment
`10.9A(1) The Governor in Council may appoint the number of wardens 24
necessary for transacting the business of the Wardens Court. 25
`(2) The Public Service Management and Employment Act 1988 and the 26
s 95 101 s 95
Mineral Resources Amendment
Public Sector Management Commission Act 1990 do not apply to the 1
appointment of a warden. 2
and conditions of employment 3
`Terms
`10.9B(1) A warden is to be paid-- 4
(a) salary fixed under the Judges (Salaries and Allowances) Act 5
1967; and 6
(b) the allowances decided by the Governor in Council. 7
`(2) The Governor in Council is to decide the terms of the appointment 8
(other than salary). 9
`(3) Employment of a warden is not subject to an industrial award or 10
agreement, or a decision or rule of an industrial tribunal. 11
of rights 12
`Preservation
`10.9C(1) This section applies if an officer of the public service is 13
appointed as a warden. 14
`(2) The person keeps the rights the person has accrued because of 15
employment as an officer of the public service, or that would accrue in the 16
future to the person, as if service as a warden were a continuation of service 17
as an officer of the public service. 18
`(3) If the person ceases to be a warden on being appointed to an office 19
of the public service, the person's service as a warden is service as an 20
officer of the public service for working out the person's rights as an officer 21
of the public service. 22
of acting wardens 23
`Appointment
`10.9D(1) The Governor in Council may appoint anyone qualified to be 24
appointed as a warden to act as a warden. 25
`(2) The Public Service Management and Employment Act 1988 and the 26
Public Sector Management Commission Act 1990 do not apply to the 27
person while acting as a warden. 28
`(3) However, if the person is an officer of the public service, the person 29
s 95 102 s 95
Mineral Resources Amendment
keeps the rights the person has accrued because of employment as an 1
officer of the public service, or that would accrue in the future to the person 2
because of the employment, as if service as an acting warden were a 3
continuation of service as an officer of the public service. 4
and powers of wardens 5
`Jurisdiction
`10.9E A warden may exercise, throughout the State, the jurisdiction, 6
powers and functions conferred on a warden under this or another Act. 7
to be taken by warden 8
`Oath
`10.9F(1) A person appointed as a warden may exercise a power or 9
function of a warden only if the person has-- 10
(a) taken the oath prescribed under a regulation or, if no oath is 11
prescribed, by another Act; or 12
(b) made an affirmation in the form of the oath. 13
`(2) An oath or affirmation mentioned in subsection (1) may be taken or 14
made before a Supreme Court Judge, District Court Judge, Magistrate or 15
warden. 16
`(3) The person's appointment ends if the person does not take the oath 17
or make the affirmation within 3 months after appointment as a warden. 18
of office 19
`Tenure
`10.9G(1) A person ceases to be a warden if-- 20
(a) the person resigns by signed notice of resignation given to the 21
Minister; or 22
(b) the person elects to retire on or after turning 55 by signed notice 23
given to the Minister; or 24
(c) the person is removed from office as a warden. 25
`(2) A resignation or retirement takes effect on the day the notice of 26
resignation or retirement is given to the Minister or, if a later day of effect is 27
stated in the notice, the later day. 28
s 96 103 s 97
Mineral Resources Amendment
of jurisdiction on retirement 1
`Continuation
`10.9H A person who ceases to be a warden for any reason (other than 2
death or removal from office) is taken to continue to be a warden so far as it 3
is necessary to give a decision in a matter the person has partly heard or not 4
decided. 5
wardens continue in office 6
`Existing
`10.9I(1) A person who holds office as a warden immediately before the 7
commencement of this section continues in office as a warden. 8
`(2) The warden is to be paid the salary payable to a warden under this 9
Act immediately before the commencement of this section until the 10
warden's salary is fixed under the Judges (Salaries and Allowances) Act 11
1967. 12
`(3) This section expires 1 day after it commences.'. 13
of s 10.13 (Acting wardens) 14
Omission
Clause 96. Section 10.13-- 15
omit. 16
of new s 10.15A 17
Insertion
Clause 97. After section 10.15-- 18
insert-- 19
registrar may constitute Wardens Court in some cases 20
`Mining
`10.15A(1) A mining registrar may constitute a Wardens Court at a place 21
whenever a warden cannot attend the place to conduct the business of the 22
Wardens Court. 23
`(2) However, the mining registrar may only-- 24
(a) adjourn a matter before a Wardens Court; or 25
(b) set a matter down for hearing by a Wardens Court; or 26
(c) enter judgment for an amount not more than the amount specified 27
s 98 104 s 100
Mineral Resources Amendment
in the Magistrates Courts Act 1921, section 4 (Jurisdiction of 1
Magistrates Courts).'.28 2
of s 10.20 (Substantive jurisdiction) 3
Amendment
Clause 98. Section 10.20(7)-- 4
omit, insert-- 5
`(7) This section does not confer jurisdiction on a Wardens Court in 6
relation to the recovery of wages or amounts owing under an industrial 7
award or agreement.'. 8
of s 10.33 (Powers of Wardens Court) 9
Amendment
Clause 99. Section 10.33(1)(d)-- 10
omit, insert-- 11
`(d) grant prohibition orders, including, for example, orders requiring 12
a person-- 13
(i) not to destroy information the person has obtained while 14
performing an investigation for a Wardens Court hearing or 15
inquiry; or 16
(ii) not to destroy information in the person's possession 17
because of an investigation for a Wardens Court hearing or 18
inquiry; or 19
(iii) not to disclose information known to the person because of 20
the person's involvement in an investigation performed for a 21
Wardens Court hearing or inquiry; and 22
(da) grant injunctions, attachment orders and charging orders; and'. 23
of s 11.20 (Directions etc. to be complied with) 24
Replacement
Clause 100. Section 11.20-- 25
omit, insert-- 26
28 The amount is currently $40 000.
s 100 105 s 100
Mineral Resources Amendment
to be complied with 1
`Directions
`11.20 A person must comply with a direction given to, or a requirement 2
made of, the person by a mining registrar, field officer or other authorised 3
officer under this Act, unless the person has a reasonable excuse. 4
Maximum penalty--1 500 penalty units. 5
Court may review lawfulness of directions 6
`Wardens
`11.20A(1) A person dissatisfied with a direction or requirement given 7
or made by a mining registrar, field officer or other authorised officer may, 8
if no other right of appeal against the direction or requirement is given under 9
this Act, apply in writing to the Wardens Court for a review of the direction 10
or requirement. 11
`(2) The application must-- 12
(a) set out the grounds for review; and 13
(b) be filed at the office of the mining registrar for the mining district 14
in which the direction or requirement was given or made. 15
`(3) If the registrar is not the person who gave the direction or made the 16
requirement, the registrar must give a copy of the application to the person 17
who gave or made it. 18
`(4) The Wardens Court must review the direction or requirement and 19
may make any inquiry the Wardens Court considers appropriate to help the 20
warden reach a decision. 21
`(5) The Wardens Court may-- 22
(a) confirm the direction or requirement; or 23
(b) amend the direction or requirement; or 24
(c) revoke the direction or requirement. 25
`(6) If the Wardens Court amends the direction or requirement, the 26
warden's decision is taken to be the direction or requirement of the mining 27
registrar, field officer or authorised officer. 28
`(7) The Wardens Court must notify the decision to-- 29
(a) the person dissatisfied; and 30
s 101 106 s 102
Mineral Resources Amendment
(b) the mining registrar, field officer or authorised officer who gave 1
or made the direction or requirement.'. 2
of s 11.21 (Minister may require survey) 3
Amendment
Clause 101.(1) Section 11.21(1), `in a manner prescribed by subsection (2)'-- 4
omit. 5
(2) Section 11.21(2)-- 6
omit, insert-- 7
`(2) The land must be surveyed in the way approved by the Minister by a 8
surveyor licensed under the Surveyors Act 1977.'. 9
of s 11.27 (Evidentiary provisions) 10
Replacement
Clause 102. Section 11.27-- 11
omit, insert-- 12
provision 13
`Evidentiary
`11.27(1) This section applies to a proceeding under this Act. 14
`(2) The appointment or power of the chief executive, a warden, mining 15
registrar, field officer or other authorised officer must be presumed unless a 16
party, by reasonable notice, requires proof of-- 17
(a) the appointment; or 18
(b) the power to do anything under this Act. 19
`(3) A signature purporting to be the signature of the chief executive, a 20
warden, mining registrar, field officer or other authorised officer is evidence 21
of the signature it purports to be. 22
`(4) A certificate purporting to be signed by a person mentioned in 23
subsection (3), and stating any of the following matters is evidence of the 24
matter-- 25
(a) a stated document is-- 26
(i) an authority or a copy of an authority; or 27
(ii) an order, direction, requirement or decision, or a copy of an 28
s 103 107 s 103
Mineral Resources Amendment
order, direction, requirement or decision, given or made 1
under this Act; or 2
(iii) a notice, or a copy of a notice, given under this Act; or 3
(iv) a record, or a copy of a record, kept under this Act; 4
(b) on a stated day, or during a stated period, a stated person was or 5
was not the holder of an authority or a stated authority; 6
(c) a stated authority was or was not in force on a stated day or 7
during a stated period; 8
(d) on a stated day, a stated authority terminated or was surrendered; 9
(e) on a stated day, a stated person was given a stated notice, order, 10
requirement or direction under this Act; 11
(f) a stated fee or other amount is payable by a stated person to the 12
State and has not been paid; 13
(g) anything else prescribed under a regulation. 14
`(5) A certificate purporting to be signed by the chief executive of the 15
department within which the Land Act 1994 is administered, stating things 16
about stated land that are material to classifying the land as being or not 17
being occupied land, is evidence of the things stated. 18
`(6) In this section-- 19
"authority" means-- 20
(a) a prospecting permit; or 21
(b) a mining claim; or 22
(c) an exploration permit; or 23
(d) a mineral development licence; or 24
(e) a mining lease.'. 25
of s 11.31 (Regulations) 26
Amendment
Clause 103.(1) Section 11.31(1), `not inconsistent with this Act for or with 27
respect to'-- 28
omit, insert-- 29
s 104 108 s 105
Mineral Resources Amendment
`under this Act. 1
`(2) A regulation may be made about the following matters--'. 2
(2) Section 11.31(1)(a), (j), (s) and (t)-- 3
omit. 4
(3) Section 11.31(2), (3), (5), (6) and (7)-- 5
omit. 6
of s 11.32 (Existing orders in council and rules of court) 7
Omission
Clause 104. Section 11.32-- 8
omit. 9
of ss 11.33 - 11.35 10
Insertion
Clause 105. After section 11.32-- 11
insert-- 12
of Acts Interpretation Act, s 20A 13
`Application
`11.33(1) Section 11.32 is a law to which Acts Interpretation Act 1954, 14
section 20A applies. 15
`(2) This section expires on the day it commences. 16
to repealed Acts 17
`References
`11.34 A reference in an Act or document to the following Acts is taken 18
to be a reference to this Act-- 19
· Mining Act 1898 62 Vic No. 24 20
· Mining Act 1968 No. 51 21
and renumbering of Act 22
`Numbering
`11.35 The Reprints Act 1992, section 43 (Numbering and renumbering) 23
must be used in the next reprint of this Act produced under the Reprints Act 24
1992.'. 25
s 106 109 s 107
Mineral Resources Amendment
of Sch 2 (Savings, transitional and validation) 1
Amendment
Clause 106.(1) Schedule 2, section 2-- 2
insert-- 3
`(8C) On the grant of a mining lease under this section, a mortgage or 4
encumbrance that, immediately before the grant, attached to the mining 5
claim attaches to the mining lease.'. 6
(2) Schedule 2, section 3-- 7
insert-- 8
`(1AB) However, if the holder does not have the written consent of the 9
owner or Governor in Council to disturbing the surface of a reserve covered 10
by the mining lease, the holder must obtain the consent before disturbing 11
the surface of the reserve.'. 12
(3) Schedule 2, section 3(10)(a), after `granted', first mention-- 13
insert-- 14
`under the Mining Act 1968'. 15
(4) Schedule 2, section 3-- 16
insert-- 17
`(12C) On the grant of a mineral development licence under this section, 18
a mortgage or encumbrance that, immediately before the grant, attached to 19
the mining lease attaches to the mineral development licence.'. 20
Acts amended 21
Other
Clause 107. Schedule 2 amends the Acts it mentions. 22
23
110
Mineral Resources Amendment
CHEDULE 1 1
¡S
MINOR AMENDMENTS OF MINERAL RESOURCES 2
ACT 1989 3
section 3 of the Act 4
1. Sections 4.14(2) and 7.13(2), `a natural person'-- 5
omit, insert-- 6
`an individual'. 7
2. Sections 4.3(1)(b)(i) and (3), 4.13(2), 5.4(1)(a) and (b), 6.3(3)(b) and 8
(c), 7.12(2), 10.7(1)(d) and 10.14, `and be upon'-- 9
omit. 10
3. Section 4.23(1), `Notwithstanding the provisions of'-- 11
omit, insert-- 12
`Despite'. 13
4. Sections 4.54(2)(a), 6.27(2)(a) and 7.63(2)(a), `by 31 March'-- 14
omit, insert-- 15
`before 1 April'. 16
5. Section 4.54(5)-- 17
omit. 18
6. Section 5.32(6)-- 19
omit. 20
111
Mineral Resources Amendment
SCHEDULE 1 (continued)
7. Section 6.27(6)-- 1
omit. 2
8. Section 7.63(5)-- 3
omit. 4
9. Section 9.2(4)-- 5
omit. 6
10. Section 10.24(1), `forms used,'-- 7
omit. 8
11. Section 11.13-- 9
omit, insert-- 10
`Delegation by minister 11
`11.13 The Minister may delegate all or any of the Minister's powers 12
under this Act to an officer or employee of the department.'. 13
12. Section 11.17(1)(e), `an order in council'-- 14
omit, insert-- 15
`a regulation'. 16
13. Section 11.17(1)(e), `by that order in council'-- 17
omit, insert-- 18
`under a regulation'. 19
112
Mineral Resources Amendment
SCHEDULE 1 (continued)
14. Schedule 2, section 2(6) to (11) and (13) to (20)-- 1
omit. 2
15. Schedule 2, section 3(4) to (4E), (6) to (7), (9) to (9B) and (12) to 3
(16)-- 4
omit. 5
16. Schedule 2, section 4(4) and (6) to (8)-- 6
omit. 7
17. Schedule 2, sections 6 to 10, 11(6) and (7), 12, 13, 14(1) to (3A), 15, 8
22 and 23-- 9
omit. 10
18. Sections 3.20(1), 4.14(1)(a), 4.17(1), 4.41(4), 4.45(2)(a), 4.54(3), 11
4.66(1), 5.8(a), 5.24(2)(a), 5.32(3), 6.4(a), 6.18(2)(a), 6.27(3), 6.39(1), 12
7.13(1)(a), 7.18(1), 7.43(4), 7.56(2)(a), 7.63(3) and 7.70(1), `in or to the 13
effect of the prescribed form'-- 14
omit, insert-- 15
`in the approved form'. 16
19. Sections 3.8(2), 4.36, 4.45(1), 4.47(1)(b), 4.55(1)(a), 5.12(2), 5.24(1), 17
5.26(1)(b), 5.30(1), 6.7(5), 6.8, 6.18(1), 6.20(1)(b), 6.24(1), 6.28(2)(a), 18
6.39(5), 7.20(1), 7.55(4), 7.56(1), 7.58(1)(d), 7.64(2)(a), 8.1(3), 19
10.28(2)(a), 10.29(2)(a) and 11.2, `prescribed form'-- 20
omit, insert-- 21
`approved form'. 22
113
Mineral Resources Amendment
SCHEDULE 1 (continued)
20. Section 3.8(5), `form prescribed'-- 1
omit, insert-- 2
`approved form'. 3
21. Section 4.41(2)(a), `in writing in the prescribed manner and 4
form'-- 5
omit, insert-- 6
`in the prescribed way'. 7
22. Sections 5.19, 6.16(2), 7.43(2)(a) and 11.6, `prescribed manner and 8
form'-- 9
omit, insert-- 10
`prescribed way'. 11
12
114
Mineral Resources Amendment
CHEDULE 2 1
¡S
OTHER ACTS AMENDED 2
section 107 of the Act 3
JUDGES (SALARIES AND ALLOWANCES) ACT 1967 4
1. Part 4, heading-- 5
insert-- 6
`AND MINING WARDENS'. 7
2. After section 4-- 8
insert-- 9
`Salary of wardens 10
`4A.(1) In this section-- 11
"warden" means a warden under the Mineral Resources Act 1989. 12
`(2) The rate of salary payable to a warden is to be fixed by determination 13
of the Tribunal. 14
`(3) However, the annual rate of salary payable to a warden must not be 15
reduced by determination. 16
`(4) The salary is payable out of the Consolidated Fund, which is 17
appropriated accordingly.'. 18
3. Section 5(3)-- 19
insert-- 20
`(f) a warden.'. 21
115
Mineral Resources Amendment
SCHEDULE 2 (continued)
4. After section 12(1)(e)-- 1
insert-- 2
`(f) the rate of salary payable to a warden.'. 3
5. Section 12(7), after `Magistrates'-- 4
insert-- 5
`and wardens'. 6
6. Section 12(8)-- 7
insert-- 8
`(d) wardens--the Minister administering the Mineral Resources Act 9
1989.'. 10
7. Section 13(2), after `of a Magistrate'-- 11
insert-- 12
`or warden'. 13
8. Section 13(2)(d), after `for a Magistrate'-- 14
insert-- 15
`or warden'. 16
9. Section 13(2)(d)(ii), after `Magistrate'-- 17
insert-- 18
`or warden'. 19
116
Mineral Resources Amendment
SCHEDULE 2 (continued)
CONTAMINATED LAND ACT 1991 1
1. Section 54, `officer or'-- 2
insert-- 3
`officer of the public service or'. 4
PENALTIES AND SENTENCES ACT 1992 5
1. Section 4, definition "proper officer"-- 6
insert-- 7
`(d) for an order of a Wardens Court--the registrar.'. 8
2. Section 8(1)-- 9
insert-- 10
`(d) if the order was made by a Wardens Court--any Wardens Court 11
sitting at any place in Queensland.'. 12
3. Section 8(2), after `Magistrate'-- 13
insert-- 14
`, warden'. 15
4. Section 8A(2)-- 16
insert-- 17
`(d) a warden--to an officer employed in a mining registrar's office.'. 18
19
117
Mineral Resources Amendment
© State of Queensland 1995
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