{"id":"qld:act-1989-110","name":"Mineral Resources Act 1989","slug":"mineral-resources-act-1989","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"110 of 1989","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29896,"registerId":"qld-act-1989-110-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Mineral Resources Act 1989 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Objectives of Act","content":"### sec.2 Objectives of Act\n\nThe principal objectives of this Act are to—\nencourage and facilitate prospecting and exploring for and mining of minerals;\nenhance knowledge of the mineral resources of the State;\nminimise land use conflict with respect to prospecting, exploring and mining;\nencourage environmental responsibility in prospecting, exploring and mining;\nensure an appropriate financial return to the State from mining;\nprovide an administrative framework to expedite and regulate prospecting and exploring for and mining of minerals;\nencourage responsible land care management in prospecting, exploring and mining.\ns 2 amd 1990 No. 30 s 2\n- (a) encourage and facilitate prospecting and exploring for and mining of minerals;\n- (b) enhance knowledge of the mineral resources of the State;\n- (c) minimise land use conflict with respect to prospecting, exploring and mining;\n- (d) encourage environmental responsibility in prospecting, exploring and mining;\n- (e) ensure an appropriate financial return to the State from mining;\n- (f) provide an administrative framework to expedite and regulate prospecting and exploring for and mining of minerals;\n- (g) encourage responsible land care management in prospecting, exploring and mining.","sortOrder":2},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Application of Act generally etc.","content":"# Application of Act generally etc.","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Application of Act to Commonwealth land and coastal waters of the State","content":"### sec.3 Application of Act to Commonwealth land and coastal waters of the State\n\nTo the extent that the Parliament of the Commonwealth shall have from time to time vested in the Crown in right of Queensland jurisdiction to make such laws with respect thereto, this Act applies in respect of the sea bed and subsoil beneath the internal waters of Australia and beneath the baseline waters of the State and to waters above that sea bed as if that sea bed and subsoil were land within Queensland.\nThis Act applies in respect of land of or vested in the Commonwealth to the extent that from time to time the Parliament of the Commonwealth shall determine.\nSubsections (1) and (2) shall not be construed to authorise prospecting, exploration or mining of the sea bed and subsoil that by a law of the Commonwealth is excluded from the application of this Act (whether by reference to this Act or to the subject matter of this Act) to the extent of that exclusion.\nIn this section—\nbaseline waters means the waters between the mean low water springs level and the inside of the baseline under the Offshore Minerals Act 1998 , section 16 .\ns 3 amd 1992 No. 20 s 159 sch 2 ; 1995 No. 21 s 4 ; 1998 No. 10 s 446 sch 4 ; 2019 No. 17 s 244\n(sec.3-ssec.1) To the extent that the Parliament of the Commonwealth shall have from time to time vested in the Crown in right of Queensland jurisdiction to make such laws with respect thereto, this Act applies in respect of the sea bed and subsoil beneath the internal waters of Australia and beneath the baseline waters of the State and to waters above that sea bed as if that sea bed and subsoil were land within Queensland.\n(sec.3-ssec.2) This Act applies in respect of land of or vested in the Commonwealth to the extent that from time to time the Parliament of the Commonwealth shall determine.\n(sec.3-ssec.3) Subsections (1) and (2) shall not be construed to authorise prospecting, exploration or mining of the sea bed and subsoil that by a law of the Commonwealth is excluded from the application of this Act (whether by reference to this Act or to the subject matter of this Act) to the extent of that exclusion.\n(sec.3-ssec.4) In this section— baseline waters means the waters between the mean low water springs level and the inside of the baseline under the Offshore Minerals Act 1998 , section 16 .","sortOrder":4},{"sectionNumber":"sec.3A","sectionType":"section","heading":"Relationship with petroleum legislation","content":"### sec.3A Relationship with petroleum legislation\n\nThis section does not apply to a coal or oil shale mining tenement.\nFor the relationship between this Act and the Petroleum and Gas (Production and Safety) Act —\nin relation to coal or oil shale mining tenements, see chapter 8 ; or\notherwise, see the Petroleum and Gas (Production and Safety) Act , section 6 (Relationship with Mineral Resources Act).\nSee also section 386W for the relationship between carrying out activities under section 386V and authorised activities for petroleum authorities or 1923 Act petroleum tenures.\nSubject to subsections (3) to (9) , the Petroleum Act 1923 and the Petroleum and Gas (Production and Safety) Act do not limit or otherwise affect—\nthe power under this Act to grant or renew a mining tenement over land (the overlapping land ) in the area of a petroleum authority; or\na mining tenement already granted over land (also the overlapping land ) in the area of an existing petroleum authority.\nIf the petroleum authority is a petroleum lease or petroleum facility licence and the mining tenement is an exploration permit, mineral development licence, or mining lease, an authorised activity for the mining tenement may be carried out on the overlapping land only if—\nthe petroleum lease or petroleum facility licence holder has agreed in writing to the carrying out of the activity; and\na copy of the agreement has been lodged; and\nFor other relevant provisions about lodging documents, see section 386O .\nthe agreement is still in force.\nIf the petroleum authority is a petroleum lease and the mining tenement is a prospecting permit or mining claim, an authorised activity for the mining tenement may be carried out on the overlapping land only if carrying out the activity does not adversely affect the carrying out of an authorised activity for the petroleum lease.\nSubsection (4) applies whether or not the authorised activity for the petroleum lease has already started.\nIf the petroleum authority is an authority to prospect or pipeline licence and the mining tenement is not a mining lease, an authorised activity for the mining tenement may be carried out on the overlapping land only if—\nthe authority to prospect or pipeline licence holder has agreed in writing to the carrying out of the activity, a copy of the agreement has been lodged and the agreement is still in force; or\ncarrying out the activity does not adversely affect the carrying out of an authorised activity for the authority to prospect that has already started.\nIf the petroleum authority is an authority to prospect and the mining tenement is a mining lease, an authorised activity for the authority to prospect may be carried out on the overlapping land only if—\nthe mining lease holder has agreed in writing to the carrying out of the activity; and\na copy of the agreement has been lodged; and\nthe agreement is still in force.\nSubsection (7) does not apply, or ceases to apply, if the same person holds the authority and the mining lease.\nThis section applies despite any other provision of this Act.\ns 3A ins 2004 No. 25 s 1010 (amd 2004 No. 26 s 259 )\namd 2012 No. 20 s 125 sch 1 , s 281 sch 2 , s 323 sch 3 ; 2014 No. 47 s 408A (amd 2016 No. 30 s 83 )\n(sec.3A-ssec.1) This section does not apply to a coal or oil shale mining tenement. For the relationship between this Act and the Petroleum and Gas (Production and Safety) Act — in relation to coal or oil shale mining tenements, see chapter 8 ; or otherwise, see the Petroleum and Gas (Production and Safety) Act , section 6 (Relationship with Mineral Resources Act). See also section 386W for the relationship between carrying out activities under section 386V and authorised activities for petroleum authorities or 1923 Act petroleum tenures.\n(sec.3A-ssec.2) Subject to subsections (3) to (9) , the Petroleum Act 1923 and the Petroleum and Gas (Production and Safety) Act do not limit or otherwise affect— the power under this Act to grant or renew a mining tenement over land (the overlapping land ) in the area of a petroleum authority; or a mining tenement already granted over land (also the overlapping land ) in the area of an existing petroleum authority.\n(sec.3A-ssec.3) If the petroleum authority is a petroleum lease or petroleum facility licence and the mining tenement is an exploration permit, mineral development licence, or mining lease, an authorised activity for the mining tenement may be carried out on the overlapping land only if— the petroleum lease or petroleum facility licence holder has agreed in writing to the carrying out of the activity; and a copy of the agreement has been lodged; and For other relevant provisions about lodging documents, see section 386O . the agreement is still in force.\n(sec.3A-ssec.4) If the petroleum authority is a petroleum lease and the mining tenement is a prospecting permit or mining claim, an authorised activity for the mining tenement may be carried out on the overlapping land only if carrying out the activity does not adversely affect the carrying out of an authorised activity for the petroleum lease.\n(sec.3A-ssec.5) Subsection (4) applies whether or not the authorised activity for the petroleum lease has already started.\n(sec.3A-ssec.6) If the petroleum authority is an authority to prospect or pipeline licence and the mining tenement is not a mining lease, an authorised activity for the mining tenement may be carried out on the overlapping land only if— the authority to prospect or pipeline licence holder has agreed in writing to the carrying out of the activity, a copy of the agreement has been lodged and the agreement is still in force; or carrying out the activity does not adversely affect the carrying out of an authorised activity for the authority to prospect that has already started.\n(sec.3A-ssec.7) If the petroleum authority is an authority to prospect and the mining tenement is a mining lease, an authorised activity for the authority to prospect may be carried out on the overlapping land only if— the mining lease holder has agreed in writing to the carrying out of the activity; and a copy of the agreement has been lodged; and the agreement is still in force.\n(sec.3A-ssec.8) Subsection (7) does not apply, or ceases to apply, if the same person holds the authority and the mining lease.\n(sec.3A-ssec.9) This section applies despite any other provision of this Act.\n- 1 For the relationship between this Act and the Petroleum and Gas (Production and Safety) Act — (a) in relation to coal or oil shale mining tenements, see chapter 8 ; or (b) otherwise, see the Petroleum and Gas (Production and Safety) Act , section 6 (Relationship with Mineral Resources Act).\n- (a) in relation to coal or oil shale mining tenements, see chapter 8 ; or\n- (b) otherwise, see the Petroleum and Gas (Production and Safety) Act , section 6 (Relationship with Mineral Resources Act).\n- 2 See also section 386W for the relationship between carrying out activities under section 386V and authorised activities for petroleum authorities or 1923 Act petroleum tenures.\n- (a) in relation to coal or oil shale mining tenements, see chapter 8 ; or\n- (b) otherwise, see the Petroleum and Gas (Production and Safety) Act , section 6 (Relationship with Mineral Resources Act).\n- (a) the power under this Act to grant or renew a mining tenement over land (the overlapping land ) in the area of a petroleum authority; or\n- (b) a mining tenement already granted over land (also the overlapping land ) in the area of an existing petroleum authority.\n- (a) the petroleum lease or petroleum facility licence holder has agreed in writing to the carrying out of the activity; and\n- (b) a copy of the agreement has been lodged; and Note— For other relevant provisions about lodging documents, see section 386O .\n- (c) the agreement is still in force.\n- (a) the authority to prospect or pipeline licence holder has agreed in writing to the carrying out of the activity, a copy of the agreement has been lodged and the agreement is still in force; or\n- (b) carrying out the activity does not adversely affect the carrying out of an authorised activity for the authority to prospect that has already started.\n- (a) the mining lease holder has agreed in writing to the carrying out of the activity; and\n- (b) a copy of the agreement has been lodged; and\n- (c) the agreement is still in force.","sortOrder":5},{"sectionNumber":"sec.3B","sectionType":"section","heading":"Relationship with Geothermal Energy Act 2010 and Greenhouse Gas Storage Act 2009","content":"### sec.3B Relationship with Geothermal Energy Act 2010 and Greenhouse Gas Storage Act 2009\n\nThe relationship between this Act, the Geothermal Energy Act 2010 (the Geothermal Act ), the Greenhouse Gas Storage Act 2009 (the GHG storage Act ) and authorities under them is provided for under—\nchapter 9 ; and\nthe Geothermal Act , chapter 5 ; and\nthe GHG storage Act , chapter 4 .\ns 3B ins 2009 No. 3 s 510\nsub 2010 No. 31 s 521\namd 2012 No. 20 s 323 sch 3\n- (a) chapter 9 ; and\n- (b) the Geothermal Act , chapter 5 ; and\n- (c) the GHG storage Act , chapter 4 .","sortOrder":6},{"sectionNumber":"sec.3BA","sectionType":"section","heading":"Relationship with Common Provisions Act","content":"### sec.3BA Relationship with Common Provisions Act\n\nThe relationship between this Act and the Common Provisions Act is provided for under the Common Provisions Act , section 6 .\ns 3BA ins 2014 No. 47 s 351","sortOrder":7},{"sectionNumber":"sec.3BB","sectionType":"section","heading":"Relationship with Nature Conservation Act 1992","content":"### sec.3BB Relationship with Nature Conservation Act 1992\n\nThis Act is subject to the Nature Conservation Act 1992 , sections 27 and 70QA .\ns 3BB ins 2019 No. 17 s 245","sortOrder":8},{"sectionNumber":"sec.3C","sectionType":"section","heading":"Declaration for Commonwealth Act","content":"### sec.3C Declaration for Commonwealth Act\n\nA mining tenement is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth) .\ns 3C ins 2010 No. 44 s 121","sortOrder":9},{"sectionNumber":"sec.4","sectionType":"section","heading":"Effect of change of baseline","content":"### sec.4 Effect of change of baseline\n\nIf—\nan offshore area is in the area of an exploration permit, mineral development licence or mining lease (the mining tenement ); and\nthere is a change to the inner limit of the coastal waters of the State as defined in the Offshore Minerals Act 1998 , section 16 (1) and (2) ; and\nas a result of the change, the offshore area comes within those coastal waters;\nthis Act applies, while the mining tenement or any successor mining tenement remains in force, as if the area were still within the offshore area.\nIf—\na mining lease takes effect immediately after an exploration permit expires; and\nthe holder of the mining lease immediately after it takes effect was the holder of the exploration permit immediately before it expired;\nthe mining lease is a successor mining tenement to the exploration permit for subsection (1) .\nIf—\na mineral development licence takes effect immediately after an exploration permit expires; and\nthe holder of the mineral development licence immediately after it takes effect was the holder of the exploration permit immediately before it expired;\nthe mineral development licence is a successor mining tenement to the exploration permit for subsection (1) .\nIf—\na mining lease takes effect immediately after a mineral development licence expires; and\nthe mineral development licence took effect immediately after an exploration permit expired; and\nthe holder of the mining lease immediately after it takes effect was the holder of the mineral development licence immediately before it expired; and\nthe holder of the mineral development licence immediately after it took effect was the holder of the exploration permit immediately before it expired;\nthe mining lease is a successor mining tenement to the exploration permit and the mineral development licence for subsection (1) .\nIn this section—\noffshore area means an area of the sea bed and subsoil to which the Act applies.\ns 4 amd 1997 No. 14 s 3\nsub 1998 No. 10 s 446 sch 4\namd 2000 No. 64 s 174 sch ; 2004 No. 1 s 44 (1) sch 1 ; 2012 No. 20 s 125 sch 1\n(sec.4-ssec.1) If— an offshore area is in the area of an exploration permit, mineral development licence or mining lease (the mining tenement ); and there is a change to the inner limit of the coastal waters of the State as defined in the Offshore Minerals Act 1998 , section 16 (1) and (2) ; and as a result of the change, the offshore area comes within those coastal waters; this Act applies, while the mining tenement or any successor mining tenement remains in force, as if the area were still within the offshore area.\n(sec.4-ssec.2) If— a mining lease takes effect immediately after an exploration permit expires; and the holder of the mining lease immediately after it takes effect was the holder of the exploration permit immediately before it expired; the mining lease is a successor mining tenement to the exploration permit for subsection (1) .\n(sec.4-ssec.3) If— a mineral development licence takes effect immediately after an exploration permit expires; and the holder of the mineral development licence immediately after it takes effect was the holder of the exploration permit immediately before it expired; the mineral development licence is a successor mining tenement to the exploration permit for subsection (1) .\n(sec.4-ssec.4) If— a mining lease takes effect immediately after a mineral development licence expires; and the mineral development licence took effect immediately after an exploration permit expired; and the holder of the mining lease immediately after it takes effect was the holder of the mineral development licence immediately before it expired; and the holder of the mineral development licence immediately after it took effect was the holder of the exploration permit immediately before it expired; the mining lease is a successor mining tenement to the exploration permit and the mineral development licence for subsection (1) .\n(sec.4-ssec.5) In this section— offshore area means an area of the sea bed and subsoil to which the Act applies.\n- (a) an offshore area is in the area of an exploration permit, mineral development licence or mining lease (the mining tenement ); and\n- (b) there is a change to the inner limit of the coastal waters of the State as defined in the Offshore Minerals Act 1998 , section 16 (1) and (2) ; and\n- (c) as a result of the change, the offshore area comes within those coastal waters;\n- (a) a mining lease takes effect immediately after an exploration permit expires; and\n- (b) the holder of the mining lease immediately after it takes effect was the holder of the exploration permit immediately before it expired;\n- (a) a mineral development licence takes effect immediately after an exploration permit expires; and\n- (b) the holder of the mineral development licence immediately after it takes effect was the holder of the exploration permit immediately before it expired;\n- (a) a mining lease takes effect immediately after a mineral development licence expires; and\n- (b) the mineral development licence took effect immediately after an exploration permit expired; and\n- (c) the holder of the mining lease immediately after it takes effect was the holder of the mineral development licence immediately before it expired; and\n- (d) the holder of the mineral development licence immediately after it took effect was the holder of the exploration permit immediately before it expired;","sortOrder":10},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Relationship with Planning Act","content":"# Relationship with Planning Act","sortOrder":11},{"sectionNumber":"sec.4A","sectionType":"section","heading":"Effect on development","content":"### sec.4A Effect on development\n\nSubject to subsections (2) and (3) , the Planning Act does not apply to development authorised under this Act.\nThe Planning Act applies to development on a Queensland heritage place under the Heritage Act even if development of the place is authorised under this Act.\nThe Planning Act applies to building work under the Building Act 1975 that is authorised under this Act, including under a mining tenement.\nHowever, the building work is taken to be accepted development for the Planning Act to the extent the building work—\nwould, other than for this subsection, be assessable development under the Planning Act ; and\ncomplies with the relevant provisions for the building work.\nIn this section—\nrelevant provisions , for building work, see the Building Act 1975 , section 21 (5) .\ns 4A (prev s 319) amd 1993 No. 70 s 804 sch ; 1995 No. 21 s 3 sch ; 2000 No. 64 s 160 ; 2003 No. 32 s 33\nsub 2005 No. 8 s 37\namd 2007 No. 46 s 86 ; 2009 No. 36 s 872 sch 2 ; 2011 No. 6 s 142 sch\nreloc and renum 2012 No. 20 s 304\namd 2016 No. 27 s 330\n(sec.4A-ssec.1) Subject to subsections (2) and (3) , the Planning Act does not apply to development authorised under this Act.\n(sec.4A-ssec.2) The Planning Act applies to development on a Queensland heritage place under the Heritage Act even if development of the place is authorised under this Act.\n(sec.4A-ssec.3) The Planning Act applies to building work under the Building Act 1975 that is authorised under this Act, including under a mining tenement.\n(sec.4A-ssec.4) However, the building work is taken to be accepted development for the Planning Act to the extent the building work— would, other than for this subsection, be assessable development under the Planning Act ; and complies with the relevant provisions for the building work.\n(sec.4A-ssec.5) In this section— relevant provisions , for building work, see the Building Act 1975 , section 21 (5) .\n- (a) would, other than for this subsection, be assessable development under the Planning Act ; and\n- (b) complies with the relevant provisions for the building work.","sortOrder":12},{"sectionNumber":"sec.4B","sectionType":"section","heading":"Notice to local government and chief executive (planning) of particular mining tenements","content":"### sec.4B Notice to local government and chief executive (planning) of particular mining tenements\n\nThis section applies if a mining claim, mineral development licence or mining lease (the mining tenement ) is granted or renewed.\nThe chief executive must give notice of the mining tenement to—\neach local government in whose area the area of the tenement is situated; and\nthe chief executive (planning).\nAn entity given a notice under subsection (2) must make a note on each relevant map in the local government’s planning scheme held by the entity.\nThe note must—\nidentify the area of the mining tenement; and\nstate that the Planning Act does not apply to development in the area authorised under this Act, other than development on a Queensland heritage place under the Heritage Act ; and\nstate that interested persons may obtain details of the mining tenement from the chief executive of the department in which this Act is administered.\nIn this section—\nchief executive (planning) means the chief executive of the department in which the Planning Act is administered.\ns 4B (prev s 319A) ins 2005 No. 8 s 37\namd 2009 No. 36 s 872 sch 2 ; 2011 No. 6 s 142 sch ; 2012 No. 20 s 125 sch 1\nreloc and renum 2012 No. 20 s 305 (2)\namd 2013 No. 10 s 79 ; 2016 No. 27 s 331\n(sec.4B-ssec.1) This section applies if a mining claim, mineral development licence or mining lease (the mining tenement ) is granted or renewed.\n(sec.4B-ssec.2) The chief executive must give notice of the mining tenement to— each local government in whose area the area of the tenement is situated; and the chief executive (planning).\n(sec.4B-ssec.3) An entity given a notice under subsection (2) must make a note on each relevant map in the local government’s planning scheme held by the entity.\n(sec.4B-ssec.4) The note must— identify the area of the mining tenement; and state that the Planning Act does not apply to development in the area authorised under this Act, other than development on a Queensland heritage place under the Heritage Act ; and state that interested persons may obtain details of the mining tenement from the chief executive of the department in which this Act is administered.\n(sec.4B-ssec.5) In this section— chief executive (planning) means the chief executive of the department in which the Planning Act is administered.\n- (a) each local government in whose area the area of the tenement is situated; and\n- (b) the chief executive (planning).\n- (a) identify the area of the mining tenement; and\n- (b) state that the Planning Act does not apply to development in the area authorised under this Act, other than development on a Queensland heritage place under the Heritage Act ; and\n- (c) state that interested persons may obtain details of the mining tenement from the chief executive of the department in which this Act is administered.","sortOrder":13},{"sectionNumber":"ch.1-pt.4","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":14},{"sectionNumber":"sec.5","sectionType":"section","heading":"Definitions","content":"### sec.5 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.\ns 5 amd 1991 No. 97 s 3 sch 2 ; 1997 No. 14 s 4 (1) ; 2000 No. 64 s 61 (1) ; 2010 No. 31 ss 420 , 520 sch 2 pt 2\nNote—s 5 contained definitions for this Act. Definitions are now located in schedule 2—Dictionary.","sortOrder":15},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of mineral","content":"### sec.6 Meaning of mineral\n\nA mineral is a substance—\nnormally occurring naturally as part of the earth’s crust; or\ndissolved or suspended in water on or within the earth’s crust; or\nthat may be extracted from a substance mentioned in paragraph (a) or (b) .\nSubject to subsection (3) , each of the following is a mineral —\nany type of clay;\nfoundry sand;\ncoal seam gas;\nFor what is coal seam gas and incidental coal seam gas, see section 318AC .\nSee also chapter 8 , part 8 , division 1 .\nlimestone;\nmarble;\na product that may be extracted or produced by an underground gasification process for coal or oil shale ( mineral (f) ) and another product that may result from the carrying out of the process (also mineral (f) );\ncombustion, consumption, heating, leaching and reaction\ngas desorbed as a result of an underground gasification process\nSee chapter 12 , part 4A for the moratorium relating to mineral (f).\npeat;\nsalt, including brine;\noil shale;\nFor what is oil shale, see section 318AD .\nsilica, including silica sand;\nrock mined in block or slab form for building or monumental purposes.\nDespite subsections (1) and (2) —\nclay (other than kaolin and bentonite) is only a mineral if it is mined for use for its ceramic properties; and\nfor brick or tile making\nfor pottery making\nlimestone, silica and silica sand is only a mineral if it is mined for use for its chemical properties; and\nmineral (f) is only a mineral if—\nthe coal or oil shale, from which it is extracted or produced, is held under a mineral development licence and it has been added to the licence under section 208 ; or\nthe coal or oil shale, from which it is extracted or produced, is held under a mining lease and it is specified in the lease; and\nSee chapter 12 , part 4A for the moratorium relating to mineral (f).\neach of the following is not a mineral—\nsoil, sand, gravel or rock (other than rock mentioned in subsection (2) (k) ) if it is to be used, or to be supplied for use, as sand, gravel or rock, whether intact or in broken form;\nliving matter;\nsteam or water.\ns 6 prev s 6 ins 1995 No. 21 s 6\namd 1997 No. 80 s 42\nom 2000 No. 64 s 62\npres s 6 ins 2004 No. 25 s 1011\namd 2008 No. 33 s 76 ; 2012 No. 20 s 125 sch 1 , s 323 sch 3 ; 2017 No. 28 s 22\n(sec.6-ssec.1) A mineral is a substance— normally occurring naturally as part of the earth’s crust; or dissolved or suspended in water on or within the earth’s crust; or that may be extracted from a substance mentioned in paragraph (a) or (b) .\n(sec.6-ssec.2) Subject to subsection (3) , each of the following is a mineral — any type of clay; foundry sand; coal seam gas; For what is coal seam gas and incidental coal seam gas, see section 318AC . See also chapter 8 , part 8 , division 1 . limestone; marble; a product that may be extracted or produced by an underground gasification process for coal or oil shale ( mineral (f) ) and another product that may result from the carrying out of the process (also mineral (f) ); combustion, consumption, heating, leaching and reaction gas desorbed as a result of an underground gasification process See chapter 12 , part 4A for the moratorium relating to mineral (f). peat; salt, including brine; oil shale; For what is oil shale, see section 318AD . silica, including silica sand; rock mined in block or slab form for building or monumental purposes.\n(sec.6-ssec.3) Despite subsections (1) and (2) — clay (other than kaolin and bentonite) is only a mineral if it is mined for use for its ceramic properties; and for brick or tile making for pottery making limestone, silica and silica sand is only a mineral if it is mined for use for its chemical properties; and mineral (f) is only a mineral if— the coal or oil shale, from which it is extracted or produced, is held under a mineral development licence and it has been added to the licence under section 208 ; or the coal or oil shale, from which it is extracted or produced, is held under a mining lease and it is specified in the lease; and See chapter 12 , part 4A for the moratorium relating to mineral (f). each of the following is not a mineral— soil, sand, gravel or rock (other than rock mentioned in subsection (2) (k) ) if it is to be used, or to be supplied for use, as sand, gravel or rock, whether intact or in broken form; living matter; steam or water.\n- (a) normally occurring naturally as part of the earth’s crust; or\n- (b) dissolved or suspended in water on or within the earth’s crust; or\n- (c) that may be extracted from a substance mentioned in paragraph (a) or (b) .\n- (a) any type of clay;\n- (b) foundry sand;\n- (c) coal seam gas; Notes— 1 For what is coal seam gas and incidental coal seam gas, see section 318AC . 2 See also chapter 8 , part 8 , division 1 .\n- 1 For what is coal seam gas and incidental coal seam gas, see section 318AC .\n- 2 See also chapter 8 , part 8 , division 1 .\n- (d) limestone;\n- (e) marble;\n- (f) a product that may be extracted or produced by an underground gasification process for coal or oil shale ( mineral (f) ) and another product that may result from the carrying out of the process (also mineral (f) ); Examples of underground gasification processes— combustion, consumption, heating, leaching and reaction Example of another product— gas desorbed as a result of an underground gasification process Note— See chapter 12 , part 4A for the moratorium relating to mineral (f).\n- (g) peat;\n- (h) salt, including brine;\n- (i) oil shale; Note— For what is oil shale, see section 318AD .\n- (j) silica, including silica sand;\n- (k) rock mined in block or slab form for building or monumental purposes.\n- 1 For what is coal seam gas and incidental coal seam gas, see section 318AC .\n- 2 See also chapter 8 , part 8 , division 1 .\n- (a) clay (other than kaolin and bentonite) is only a mineral if it is mined for use for its ceramic properties; and Examples of uses of clay for its ceramic properties— • for brick or tile making • for pottery making\n- • for brick or tile making\n- • for pottery making\n- (b) limestone, silica and silica sand is only a mineral if it is mined for use for its chemical properties; and\n- (c) mineral (f) is only a mineral if— (i) the coal or oil shale, from which it is extracted or produced, is held under a mineral development licence and it has been added to the licence under section 208 ; or (ii) the coal or oil shale, from which it is extracted or produced, is held under a mining lease and it is specified in the lease; and Note— See chapter 12 , part 4A for the moratorium relating to mineral (f).\n- (i) the coal or oil shale, from which it is extracted or produced, is held under a mineral development licence and it has been added to the licence under section 208 ; or\n- (ii) the coal or oil shale, from which it is extracted or produced, is held under a mining lease and it is specified in the lease; and\n- (d) each of the following is not a mineral— (i) soil, sand, gravel or rock (other than rock mentioned in subsection (2) (k) ) if it is to be used, or to be supplied for use, as sand, gravel or rock, whether intact or in broken form; (ii) living matter; (iii) steam or water.\n- (i) soil, sand, gravel or rock (other than rock mentioned in subsection (2) (k) ) if it is to be used, or to be supplied for use, as sand, gravel or rock, whether intact or in broken form;\n- (ii) living matter;\n- (iii) steam or water.\n- • for brick or tile making\n- • for pottery making\n- (i) the coal or oil shale, from which it is extracted or produced, is held under a mineral development licence and it has been added to the licence under section 208 ; or\n- (ii) the coal or oil shale, from which it is extracted or produced, is held under a mining lease and it is specified in the lease; and\n- (i) soil, sand, gravel or rock (other than rock mentioned in subsection (2) (k) ) if it is to be used, or to be supplied for use, as sand, gravel or rock, whether intact or in broken form;\n- (ii) living matter;\n- (iii) steam or water.","sortOrder":16},{"sectionNumber":"sec.6A","sectionType":"section","heading":"Meaning of mine","content":"### sec.6A Meaning of mine\n\nMine means to carry on an operation with a view to, or for the purpose of—\nwinning mineral from a place where it occurs; or\nextracting mineral from its natural state; or\ndisposing of mineral in connection with, or waste substances resulting from, the winning or extraction.\nFor subsection (1) , extracting includes the physical, chemical, electrical, magnetic or other way of separation of a mineral.\nExtracting includes, for example, crushing, grinding, concentrating, screening, washing, jigging, tabling, electrowinning, solvent extraction electrowinning (SX–EW), heap leaching, flotation, fluidised bedding, carbon-in-leach (CIL) and carbon-in-pulp (CIP) processing.\nHowever, extracting does not include—\na process in a smelter, refinery or anywhere else by which mineral is changed to another substance; or\ntesting or assaying small quantities of mineral in teaching institutions or laboratories, other than laboratories situated in the area of a mining lease; or\nan activity, prescribed under a regulation, that is not directly associated with winning mineral from a place where it occurs.\nFor subsection (1) , disposing includes, for example, the disposal of tailings and waste rock.\nA regulation under subsection (4) (c) may prescribe an activity by reference to the quantities of minerals extracted or to any other specified circumstances.\ns 6A ins 1997 No. 14 s 5\namd 2012 No. 20 s 125 sch 1\n(sec.6A-ssec.1) Mine means to carry on an operation with a view to, or for the purpose of— winning mineral from a place where it occurs; or extracting mineral from its natural state; or disposing of mineral in connection with, or waste substances resulting from, the winning or extraction.\n(sec.6A-ssec.2) For subsection (1) , extracting includes the physical, chemical, electrical, magnetic or other way of separation of a mineral.\n(sec.6A-ssec.3) Extracting includes, for example, crushing, grinding, concentrating, screening, washing, jigging, tabling, electrowinning, solvent extraction electrowinning (SX–EW), heap leaching, flotation, fluidised bedding, carbon-in-leach (CIL) and carbon-in-pulp (CIP) processing.\n(sec.6A-ssec.4) However, extracting does not include— a process in a smelter, refinery or anywhere else by which mineral is changed to another substance; or testing or assaying small quantities of mineral in teaching institutions or laboratories, other than laboratories situated in the area of a mining lease; or an activity, prescribed under a regulation, that is not directly associated with winning mineral from a place where it occurs.\n(sec.6A-ssec.5) For subsection (1) , disposing includes, for example, the disposal of tailings and waste rock.\n(sec.6A-ssec.6) A regulation under subsection (4) (c) may prescribe an activity by reference to the quantities of minerals extracted or to any other specified circumstances.\n- (a) winning mineral from a place where it occurs; or\n- (b) extracting mineral from its natural state; or\n- (c) disposing of mineral in connection with, or waste substances resulting from, the winning or extraction.\n- (a) a process in a smelter, refinery or anywhere else by which mineral is changed to another substance; or\n- (b) testing or assaying small quantities of mineral in teaching institutions or laboratories, other than laboratories situated in the area of a mining lease; or\n- (c) an activity, prescribed under a regulation, that is not directly associated with winning mineral from a place where it occurs.","sortOrder":17},{"sectionNumber":"sec.6B","sectionType":"section","heading":"Meaning of prospect","content":"### sec.6B Meaning of prospect\n\nProspect means take action to find out about the existence, quality or quantity of minerals on, in or under land by—\nusing a metal detector or a similar handheld instrument; or\nsampling using only handheld implements, including, for example, hammers, hand augers, panning dishes, picks, shakers, shovels and sieves.\nHowever, prospect does not include taking action that is—\nhand mining; or\nthe removal of minerals for their sale.\ns 6B ins 1999 No. 35 s 14\n(sec.6B-ssec.1) Prospect means take action to find out about the existence, quality or quantity of minerals on, in or under land by— using a metal detector or a similar handheld instrument; or sampling using only handheld implements, including, for example, hammers, hand augers, panning dishes, picks, shakers, shovels and sieves.\n(sec.6B-ssec.2) However, prospect does not include taking action that is— hand mining; or the removal of minerals for their sale.\n- (a) using a metal detector or a similar handheld instrument; or\n- (b) sampling using only handheld implements, including, for example, hammers, hand augers, panning dishes, picks, shakers, shovels and sieves.\n- (a) hand mining; or\n- (b) the removal of minerals for their sale.","sortOrder":18},{"sectionNumber":"sec.6C","sectionType":"section","heading":"What is carrying out improvement restoration","content":"### sec.6C What is carrying out improvement restoration\n\nTo carry out improvement restoration , for a mining tenement, means to repair any damage caused by an activity under the tenement to all pre-existing improvements on, or attached to, the area of the tenement by—\nrestoring them to the same, or substantially the same, condition they were in before the damage happened; or\nreplacing them with another improvement in the condition mentioned in paragraph (a) .\nFor subsection (1) , damage does not include damage to which a requirement to rehabilitate or remediate under the Environmental Protection Act applies.\ns 6C ins 2000 No. 64 s 63\namd 2012 No. 20 s 125 sch 1\n(sec.6C-ssec.1) To carry out improvement restoration , for a mining tenement, means to repair any damage caused by an activity under the tenement to all pre-existing improvements on, or attached to, the area of the tenement by— restoring them to the same, or substantially the same, condition they were in before the damage happened; or replacing them with another improvement in the condition mentioned in paragraph (a) .\n(sec.6C-ssec.2) For subsection (1) , damage does not include damage to which a requirement to rehabilitate or remediate under the Environmental Protection Act applies.\n- (a) restoring them to the same, or substantially the same, condition they were in before the damage happened; or\n- (b) replacing them with another improvement in the condition mentioned in paragraph (a) .","sortOrder":19},{"sectionNumber":"sec.6D","sectionType":"section","heading":"Types of authority under Act","content":"### sec.6D Types of authority under Act\n\nThe types of authority under this Act are—\na prospecting permit; and\na mining claim; and\nan exploration permit; and\na mineral development licence; and\na mining lease.\ns 6D prev s 6D ins 2004 No. 25 s 1012\nom 2007 No. 46 s 65\npres s 6D ins 2012 No. 20 s 156\n- (a) a prospecting permit; and\n- (b) a mining claim; and\n- (c) an exploration permit; and\n- (d) a mineral development licence; and\n- (e) a mining lease.","sortOrder":20},{"sectionNumber":"sec.7","sectionType":"section","heading":"When educational institution is an eligible person","content":"### sec.7 When educational institution is an eligible person\n\nThe Minister may treat an educational institution as an eligible person under this Act to enable it to apply for and hold a prospecting permit, mining claim or mining lease only if the Minister is satisfied the activities it intends to carry out under the permit, claim or lease are educational or training activities.\ns 7 ins 1995 No. 21 s 6","sortOrder":21},{"sectionNumber":"sec.7A","sectionType":"section","heading":null,"content":"### Section sec.7A\n\ns 7A ins 2014 No. 47 s 373\nom 2019 No. 17 s 217","sortOrder":22},{"sectionNumber":"sec.7B","sectionType":"section","heading":null,"content":"### Section sec.7B\n\ns 7B ins 2014 No. 47 s 373\namd 2018 No. 24 s 69\nom 2019 No. 17 s 217","sortOrder":23},{"sectionNumber":"ch.1-pt.5","sectionType":"part","heading":"General provisions for minerals and mining tenements","content":"# General provisions for minerals and mining tenements","sortOrder":24},{"sectionNumber":"sec.8","sectionType":"section","heading":"Crown’s property in minerals","content":"### sec.8 Crown’s property in minerals\n\nGold on or below the surface of land is the property of the Crown.\nCoal—\non or below the surface of land that was acquired by the Crown as provided in the Agricultural Lands Special Purchase Act 1901 and subsequently alienated in fee simple by the Crown is the property of the Crown;\non or below the surface of land (other than land referred to in paragraph (a) ) is the property of the Crown except where that land was alienated in fee simple by the Crown before 1 March 1910 and the grant of that land did not contain a reservation to the Crown of the property in that coal.\nAll minerals (other than coal and gold but including minerals dissolved or suspended in water within or upon the earth’s crust) on or below the surface of land in Queensland other than land alienated in fee simple by the Crown pursuant to—\nthe Alienation of Crown Lands Act 1860 , section 22 ; or\nthe Crown Lands Alienation Act 1868 , section 32 ; or\nthe Mineral Lands Act 1872 , section 21 ;\nare the property of the Crown.\nEach deed of grant or lease of unallocated State land must contain a reservation of—\nminerals on and below the surface of the land; and\nthe right of access for prospecting, exploring or mining.\nMineral on or below the surface of land that is or becomes road is (to the extent that the mineral, but for this subsection would not be the property of the Crown) on and from the date the land becomes or became road, the property of the Crown.\nWhere land to a specified depth only is or becomes road, subsection (5) applies in respect only of mineral in or below the surface of that land to the specified depth.\nNothing in subsections (5) and (6) shall be construed as abrogating any right that the owner of land whose land is compulsorily acquired after the commencement of this Act for the purpose of being used as a road may have under any other Act or law to compensation in respect of that acquisition.\ns 8 amd 1995 No. 21 s 7 ; 1995 No. 57 s 4 sch 2 ; 2012 No. 20 s 125 sch 1\n(sec.8-ssec.1) Gold on or below the surface of land is the property of the Crown.\n(sec.8-ssec.2) Coal— on or below the surface of land that was acquired by the Crown as provided in the Agricultural Lands Special Purchase Act 1901 and subsequently alienated in fee simple by the Crown is the property of the Crown; on or below the surface of land (other than land referred to in paragraph (a) ) is the property of the Crown except where that land was alienated in fee simple by the Crown before 1 March 1910 and the grant of that land did not contain a reservation to the Crown of the property in that coal.\n(sec.8-ssec.3) All minerals (other than coal and gold but including minerals dissolved or suspended in water within or upon the earth’s crust) on or below the surface of land in Queensland other than land alienated in fee simple by the Crown pursuant to— the Alienation of Crown Lands Act 1860 , section 22 ; or the Crown Lands Alienation Act 1868 , section 32 ; or the Mineral Lands Act 1872 , section 21 ; are the property of the Crown.\n(sec.8-ssec.4) Each deed of grant or lease of unallocated State land must contain a reservation of— minerals on and below the surface of the land; and the right of access for prospecting, exploring or mining.\n(sec.8-ssec.5) Mineral on or below the surface of land that is or becomes road is (to the extent that the mineral, but for this subsection would not be the property of the Crown) on and from the date the land becomes or became road, the property of the Crown.\n(sec.8-ssec.6) Where land to a specified depth only is or becomes road, subsection (5) applies in respect only of mineral in or below the surface of that land to the specified depth.\n(sec.8-ssec.7) Nothing in subsections (5) and (6) shall be construed as abrogating any right that the owner of land whose land is compulsorily acquired after the commencement of this Act for the purpose of being used as a road may have under any other Act or law to compensation in respect of that acquisition.\n- (a) on or below the surface of land that was acquired by the Crown as provided in the Agricultural Lands Special Purchase Act 1901 and subsequently alienated in fee simple by the Crown is the property of the Crown;\n- (b) on or below the surface of land (other than land referred to in paragraph (a) ) is the property of the Crown except where that land was alienated in fee simple by the Crown before 1 March 1910 and the grant of that land did not contain a reservation to the Crown of the property in that coal.\n- (a) the Alienation of Crown Lands Act 1860 , section 22 ; or\n- (b) the Crown Lands Alienation Act 1868 , section 32 ; or\n- (c) the Mineral Lands Act 1872 , section 21 ;\n- (a) minerals on and below the surface of the land; and\n- (b) the right of access for prospecting, exploring or mining.","sortOrder":25},{"sectionNumber":"sec.9","sectionType":"section","heading":"Exclusive right of Crown to grant mining leases etc. irrespective of ownership of mineral","content":"### sec.9 Exclusive right of Crown to grant mining leases etc. irrespective of ownership of mineral\n\nA person is not competent to grant a lease or to enter into an agreement or arrangement, whether for valuable consideration or otherwise (other than an agreement referred to in section 320 (2) (a) or (b) ) authorising the prospecting or exploring for mineral or the mining of any mineral therefrom notwithstanding that the mineral is not the property of the Crown.\nFor the purposes of subsection (1) a compensation agreement entered into pursuant to this Act does not authorise prospecting, exploring or mining.\nSubject to this Act, a mining tenement may be granted over land even though—\na deed of grant in fee simple from the State may or may not contain a reservation to the State of the relevant mineral on or below the surface of the land; or\nthe relevant mineral is not the property of the State.\nNotwithstanding the other provisions of this Act, a person who undertakes any airborne activity to determine the existence of minerals shall notify the Minister after the completion of that activity and shall furnish the Minister such data as the Minister may determine in the particular case.\ns 9 amd 1995 No. 21 s 8 ; 2000 No. 64 s 174 sch\n(sec.9-ssec.1) A person is not competent to grant a lease or to enter into an agreement or arrangement, whether for valuable consideration or otherwise (other than an agreement referred to in section 320 (2) (a) or (b) ) authorising the prospecting or exploring for mineral or the mining of any mineral therefrom notwithstanding that the mineral is not the property of the Crown.\n(sec.9-ssec.2) For the purposes of subsection (1) a compensation agreement entered into pursuant to this Act does not authorise prospecting, exploring or mining.\n(sec.9-ssec.3) Subject to this Act, a mining tenement may be granted over land even though— a deed of grant in fee simple from the State may or may not contain a reservation to the State of the relevant mineral on or below the surface of the land; or the relevant mineral is not the property of the State.\n(sec.9-ssec.4) Notwithstanding the other provisions of this Act, a person who undertakes any airborne activity to determine the existence of minerals shall notify the Minister after the completion of that activity and shall furnish the Minister such data as the Minister may determine in the particular case.\n- (a) a deed of grant in fee simple from the State may or may not contain a reservation to the State of the relevant mineral on or below the surface of the land; or\n- (b) the relevant mineral is not the property of the State.","sortOrder":26},{"sectionNumber":"sec.10","sectionType":"section","heading":"Act does not create estates in land","content":"### sec.10 Act does not create estates in land\n\nThe grant of a mining tenement under this Act does not create an estate or interest in land.\ns 10 amd 2000 No. 64 s 174 sch","sortOrder":27},{"sectionNumber":"sec.10AAA","sectionType":"section","heading":"Extinguishing mining tenement interests on the taking of land in a mining tenement’s area (other than by an easement)","content":"### sec.10AAA Extinguishing mining tenement interests on the taking of land in a mining tenement’s area (other than by an easement)\n\nThis section applies to the taking of land, other than by taking or otherwise creating an easement, under a resumption law.\nDespite any other Act, the taking of land does not extinguish mining tenement interests other than to the extent, if any, provided for in the resumption notice for the taking of the land.\nThe resumption notice for the taking of land may provide for the extinguishment of a mining tenement interest on the taking only to the extent the relevant Minister for the taking is satisfied the interest is incompatible with the purpose for which the land is taken.\nWithout limiting the application of subsection (3) , the relevant Minister may be satisfied a mining tenement interest is incompatible with the purpose for which the land is taken if, for that purpose, it is necessary to extinguish all interests in the land, including native title rights and interests.\nA mining tenement interest may be—\nwholly extinguished; or\npartially extinguished by—\nexcluding land from the land the subject of the interest; or\nprohibiting the carrying out of activities by the holder of the interest.\nThe resumption notice for the taking of land may provide for the extinguishment of mining tenement interests by reference to either or both of the following—\nstated land, which—\nmay be all or part of the land that is taken; and\nif the stated land is only part of the land that is taken—may be described in the resumption notice in any way, including, for example—\nas a shape that does not constitute a block or sub-block; or\nby using 3 dimensionally located points to identify the position, shape and dimensions of each boundary;\nstated mining tenement interests, which may be all mining tenement interests or mining tenement interests of a particular type.\nFor the taking of land for which mining tenement interests are extinguished as provided by this section—\neach person’s interest in an extinguished mining tenement interest is converted into a right to claim compensation under the resumption law; and\nthe resumption law applies with necessary and convenient changes and with the changes mentioned in subsections (8) and (9) and section 10AAD .\nThe notice of intention to resume for the proposed taking of the land must state the extent to which the mining tenement interests are proposed to be extinguished.\nThe entity taking the land must give the chief executive a written notice that—\nstates the details of the extinguishment; and\nasks for the extinguishment to be recorded in the register; and\nis accompanied by a certified copy of the resumption notice.\nIn this section—\ncertified copy , of the resumption notice, means a copy of the original of the notice that has been certified by a justice of the peace as being a correct copy of the original notice.\nrelevant Minister , for the taking of land under a resumption law, means—\nif the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the Minister to whom the application that the land be taken is made under section 9 of that Act; or\notherwise—the Minister administering the resumption law under which the land is, or is to be, taken.\ns 10AAA ins 2012 No. 20 s 48\n(sec.10AAA-ssec.1) This section applies to the taking of land, other than by taking or otherwise creating an easement, under a resumption law.\n(sec.10AAA-ssec.2) Despite any other Act, the taking of land does not extinguish mining tenement interests other than to the extent, if any, provided for in the resumption notice for the taking of the land.\n(sec.10AAA-ssec.3) The resumption notice for the taking of land may provide for the extinguishment of a mining tenement interest on the taking only to the extent the relevant Minister for the taking is satisfied the interest is incompatible with the purpose for which the land is taken.\n(sec.10AAA-ssec.4) Without limiting the application of subsection (3) , the relevant Minister may be satisfied a mining tenement interest is incompatible with the purpose for which the land is taken if, for that purpose, it is necessary to extinguish all interests in the land, including native title rights and interests.\n(sec.10AAA-ssec.5) A mining tenement interest may be— wholly extinguished; or partially extinguished by— excluding land from the land the subject of the interest; or prohibiting the carrying out of activities by the holder of the interest.\n(sec.10AAA-ssec.6) The resumption notice for the taking of land may provide for the extinguishment of mining tenement interests by reference to either or both of the following— stated land, which— may be all or part of the land that is taken; and if the stated land is only part of the land that is taken—may be described in the resumption notice in any way, including, for example— as a shape that does not constitute a block or sub-block; or by using 3 dimensionally located points to identify the position, shape and dimensions of each boundary; stated mining tenement interests, which may be all mining tenement interests or mining tenement interests of a particular type.\n(sec.10AAA-ssec.7) For the taking of land for which mining tenement interests are extinguished as provided by this section— each person’s interest in an extinguished mining tenement interest is converted into a right to claim compensation under the resumption law; and the resumption law applies with necessary and convenient changes and with the changes mentioned in subsections (8) and (9) and section 10AAD .\n(sec.10AAA-ssec.8) The notice of intention to resume for the proposed taking of the land must state the extent to which the mining tenement interests are proposed to be extinguished.\n(sec.10AAA-ssec.9) The entity taking the land must give the chief executive a written notice that— states the details of the extinguishment; and asks for the extinguishment to be recorded in the register; and is accompanied by a certified copy of the resumption notice.\n(sec.10AAA-ssec.10) In this section— certified copy , of the resumption notice, means a copy of the original of the notice that has been certified by a justice of the peace as being a correct copy of the original notice. relevant Minister , for the taking of land under a resumption law, means— if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the Minister to whom the application that the land be taken is made under section 9 of that Act; or otherwise—the Minister administering the resumption law under which the land is, or is to be, taken.\n- (a) wholly extinguished; or\n- (b) partially extinguished by— (i) excluding land from the land the subject of the interest; or (ii) prohibiting the carrying out of activities by the holder of the interest.\n- (i) excluding land from the land the subject of the interest; or\n- (ii) prohibiting the carrying out of activities by the holder of the interest.\n- (i) excluding land from the land the subject of the interest; or\n- (ii) prohibiting the carrying out of activities by the holder of the interest.\n- (a) stated land, which— (i) may be all or part of the land that is taken; and (ii) if the stated land is only part of the land that is taken—may be described in the resumption notice in any way, including, for example— (A) as a shape that does not constitute a block or sub-block; or (B) by using 3 dimensionally located points to identify the position, shape and dimensions of each boundary;\n- (i) may be all or part of the land that is taken; and\n- (ii) if the stated land is only part of the land that is taken—may be described in the resumption notice in any way, including, for example— (A) as a shape that does not constitute a block or sub-block; or (B) by using 3 dimensionally located points to identify the position, shape and dimensions of each boundary;\n- (A) as a shape that does not constitute a block or sub-block; or\n- (B) by using 3 dimensionally located points to identify the position, shape and dimensions of each boundary;\n- (b) stated mining tenement interests, which may be all mining tenement interests or mining tenement interests of a particular type.\n- (i) may be all or part of the land that is taken; and\n- (ii) if the stated land is only part of the land that is taken—may be described in the resumption notice in any way, including, for example— (A) as a shape that does not constitute a block or sub-block; or (B) by using 3 dimensionally located points to identify the position, shape and dimensions of each boundary;\n- (A) as a shape that does not constitute a block or sub-block; or\n- (B) by using 3 dimensionally located points to identify the position, shape and dimensions of each boundary;\n- (A) as a shape that does not constitute a block or sub-block; or\n- (B) by using 3 dimensionally located points to identify the position, shape and dimensions of each boundary;\n- (a) each person’s interest in an extinguished mining tenement interest is converted into a right to claim compensation under the resumption law; and\n- (b) the resumption law applies with necessary and convenient changes and with the changes mentioned in subsections (8) and (9) and section 10AAD .\n- (a) states the details of the extinguishment; and\n- (b) asks for the extinguishment to be recorded in the register; and\n- (c) is accompanied by a certified copy of the resumption notice.\n- (a) if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the Minister to whom the application that the land be taken is made under section 9 of that Act; or\n- (b) otherwise—the Minister administering the resumption law under which the land is, or is to be, taken.","sortOrder":28},{"sectionNumber":"sec.10AAB","sectionType":"section","heading":"Effect of extinguishment of mining tenement interests on the taking of land in a mining tenement’s area (other than by an easement)","content":"### sec.10AAB Effect of extinguishment of mining tenement interests on the taking of land in a mining tenement’s area (other than by an easement)\n\nThis section applies if, under section 10AAA , the resumption notice for the taking of land (other than by taking or otherwise creating an easement) under a resumption law provides for the extinguishment of mining tenement interests for stated land.\nIf the resumption notice states that all mining tenement interests relating to the stated land are extinguished and a mining tenement interest relates only to the stated land, the interest is wholly extinguished.\nIf the resumption notice states that all mining tenement interests relating to the stated land are extinguished and a mining tenement interest relates to the stated land and other land—\nthe stated land is no longer the subject of the interest; and\nwithout limiting paragraph (a) —\nthe stated land is excluded from the area of the mining tenement comprising the interest, or under or in relation to which the interest exists; and\nthis Act applies in relation to the area of the mining tenement with necessary and convenient changes to allow for the exclusion of the stated land, including, for example, to allow the area—\nto include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; or\nto comprise land that is not contiguous; and\nfor this Act, land in the area of the mining tenement is taken to be contiguous if the land would be contiguous but for the exclusion of the stated land.\nIf the resumption notice states that the carrying out of stated activities on the stated land by holders of stated mining tenement interests is prohibited, the holder of a stated mining tenement interest is not, or is no longer, authorised to carry out the stated activities on the stated land.\nHowever, subsections (3) and (4) do not apply in relation to a mining tenement interest that comprises, or exists under or in relation to, a new or renewed mining tenement granted after the land is taken.\ns 10AAB ins 2012 No. 20 s 48\n(sec.10AAB-ssec.1) This section applies if, under section 10AAA , the resumption notice for the taking of land (other than by taking or otherwise creating an easement) under a resumption law provides for the extinguishment of mining tenement interests for stated land.\n(sec.10AAB-ssec.2) If the resumption notice states that all mining tenement interests relating to the stated land are extinguished and a mining tenement interest relates only to the stated land, the interest is wholly extinguished.\n(sec.10AAB-ssec.3) If the resumption notice states that all mining tenement interests relating to the stated land are extinguished and a mining tenement interest relates to the stated land and other land— the stated land is no longer the subject of the interest; and without limiting paragraph (a) — the stated land is excluded from the area of the mining tenement comprising the interest, or under or in relation to which the interest exists; and this Act applies in relation to the area of the mining tenement with necessary and convenient changes to allow for the exclusion of the stated land, including, for example, to allow the area— to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; or to comprise land that is not contiguous; and for this Act, land in the area of the mining tenement is taken to be contiguous if the land would be contiguous but for the exclusion of the stated land.\n(sec.10AAB-ssec.4) If the resumption notice states that the carrying out of stated activities on the stated land by holders of stated mining tenement interests is prohibited, the holder of a stated mining tenement interest is not, or is no longer, authorised to carry out the stated activities on the stated land.\n(sec.10AAB-ssec.5) However, subsections (3) and (4) do not apply in relation to a mining tenement interest that comprises, or exists under or in relation to, a new or renewed mining tenement granted after the land is taken.\n- (a) the stated land is no longer the subject of the interest; and\n- (b) without limiting paragraph (a) — (i) the stated land is excluded from the area of the mining tenement comprising the interest, or under or in relation to which the interest exists; and (ii) this Act applies in relation to the area of the mining tenement with necessary and convenient changes to allow for the exclusion of the stated land, including, for example, to allow the area— (A) to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; or (B) to comprise land that is not contiguous; and (iii) for this Act, land in the area of the mining tenement is taken to be contiguous if the land would be contiguous but for the exclusion of the stated land.\n- (i) the stated land is excluded from the area of the mining tenement comprising the interest, or under or in relation to which the interest exists; and\n- (ii) this Act applies in relation to the area of the mining tenement with necessary and convenient changes to allow for the exclusion of the stated land, including, for example, to allow the area— (A) to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; or (B) to comprise land that is not contiguous; and\n- (A) to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; or\n- (B) to comprise land that is not contiguous; and\n- (iii) for this Act, land in the area of the mining tenement is taken to be contiguous if the land would be contiguous but for the exclusion of the stated land.\n- (i) the stated land is excluded from the area of the mining tenement comprising the interest, or under or in relation to which the interest exists; and\n- (ii) this Act applies in relation to the area of the mining tenement with necessary and convenient changes to allow for the exclusion of the stated land, including, for example, to allow the area— (A) to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; or (B) to comprise land that is not contiguous; and\n- (A) to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; or\n- (B) to comprise land that is not contiguous; and\n- (iii) for this Act, land in the area of the mining tenement is taken to be contiguous if the land would be contiguous but for the exclusion of the stated land.\n- (A) to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; or\n- (B) to comprise land that is not contiguous; and","sortOrder":29},{"sectionNumber":"sec.10AAC","sectionType":"section","heading":"Applications relating to land taken under a resumption law for which mining tenement interests were extinguished","content":"### sec.10AAC Applications relating to land taken under a resumption law for which mining tenement interests were extinguished\n\nThe decision-maker for an application for a new mining tenement may, under a grant provision, grant a new mining tenement for an area that includes acquired land only if the decision-maker, after consulting the entity that took the land, is satisfied the grant of the tenement is compatible with the purpose for which the land is being or is to be used.\nIf there are 2 or more applications under this Act for the grant, under a grant provision, of a new mining tenement for an area that includes the same acquired land, the applications are to be dealt with as follows—\nthe applications must be considered and decided according to the day on which they are lodged;\nif the applications were lodged on the same day—\nthey take the priority the decision-maker decides, after considering the relative merits of each application; and\nthe chief executive must give each applicant a written notice stating there is competition for priority between the applicant’s application and another application, or other applications, lodged on the same day as the day on which the applicant’s application was lodged.\nIf a grant provision provides for the grant of a new mining tenement (the new tenement ) over land in the area of an existing mining tenement (the existing tenement )—\nthe application under this Act for the new tenement may include acquired land that was, immediately before the taking of the land, in the existing tenement’s area; and\nsubject to subsections (1) and (2) , the decision-maker for the application may grant a new tenement for an area that includes the acquired land as if the acquired land were in the existing tenement’s area.\nTo remove any doubt, it is declared that this section does not affect the operation of the provisions of this Act about the application for, and grant of, a new mining tenement other than to the extent provided for in subsections (1) to (3) .\nIn this section—\ndecision-maker , for an application for a new mining tenement, means the entity responsible for granting the tenement.\ngrant provision means a provision of this Act providing for the grant of a new mining tenement.\nnew mining tenement includes a renewed mining tenement.\ns 10AAC ins 2012 No. 20 s 48\namd 2013 No. 10 s 193 sch 1\n(sec.10AAC-ssec.1) The decision-maker for an application for a new mining tenement may, under a grant provision, grant a new mining tenement for an area that includes acquired land only if the decision-maker, after consulting the entity that took the land, is satisfied the grant of the tenement is compatible with the purpose for which the land is being or is to be used.\n(sec.10AAC-ssec.2) If there are 2 or more applications under this Act for the grant, under a grant provision, of a new mining tenement for an area that includes the same acquired land, the applications are to be dealt with as follows— the applications must be considered and decided according to the day on which they are lodged; if the applications were lodged on the same day— they take the priority the decision-maker decides, after considering the relative merits of each application; and the chief executive must give each applicant a written notice stating there is competition for priority between the applicant’s application and another application, or other applications, lodged on the same day as the day on which the applicant’s application was lodged.\n(sec.10AAC-ssec.3) If a grant provision provides for the grant of a new mining tenement (the new tenement ) over land in the area of an existing mining tenement (the existing tenement )— the application under this Act for the new tenement may include acquired land that was, immediately before the taking of the land, in the existing tenement’s area; and subject to subsections (1) and (2) , the decision-maker for the application may grant a new tenement for an area that includes the acquired land as if the acquired land were in the existing tenement’s area.\n(sec.10AAC-ssec.4) To remove any doubt, it is declared that this section does not affect the operation of the provisions of this Act about the application for, and grant of, a new mining tenement other than to the extent provided for in subsections (1) to (3) .\n(sec.10AAC-ssec.5) In this section— decision-maker , for an application for a new mining tenement, means the entity responsible for granting the tenement. grant provision means a provision of this Act providing for the grant of a new mining tenement. new mining tenement includes a renewed mining tenement.\n- (a) the applications must be considered and decided according to the day on which they are lodged;\n- (b) if the applications were lodged on the same day— (i) they take the priority the decision-maker decides, after considering the relative merits of each application; and (ii) the chief executive must give each applicant a written notice stating there is competition for priority between the applicant’s application and another application, or other applications, lodged on the same day as the day on which the applicant’s application was lodged.\n- (i) they take the priority the decision-maker decides, after considering the relative merits of each application; and\n- (ii) the chief executive must give each applicant a written notice stating there is competition for priority between the applicant’s application and another application, or other applications, lodged on the same day as the day on which the applicant’s application was lodged.\n- (i) they take the priority the decision-maker decides, after considering the relative merits of each application; and\n- (ii) the chief executive must give each applicant a written notice stating there is competition for priority between the applicant’s application and another application, or other applications, lodged on the same day as the day on which the applicant’s application was lodged.\n- (a) the application under this Act for the new tenement may include acquired land that was, immediately before the taking of the land, in the existing tenement’s area; and\n- (b) subject to subsections (1) and (2) , the decision-maker for the application may grant a new tenement for an area that includes the acquired land as if the acquired land were in the existing tenement’s area.","sortOrder":30},{"sectionNumber":"sec.10AAD","sectionType":"section","heading":"Compensation for effect of taking of land in a mining tenement’s area on mining tenement interests","content":"### sec.10AAD Compensation for effect of taking of land in a mining tenement’s area on mining tenement interests\n\nThis section applies if land in a mining tenement’s area is taken under a resumption law (including by taking or otherwise creating an easement).\nIn assessing any compensation to be paid to the holder of a mining tenement interest in relation to the taking of the land, allowance can not be made for the value of minerals known or supposed to be on or below the surface of, or mined from, the land.\ns 10AAD ins 2012 No. 20 s 48\n(sec.10AAD-ssec.1) This section applies if land in a mining tenement’s area is taken under a resumption law (including by taking or otherwise creating an easement).\n(sec.10AAD-ssec.2) In assessing any compensation to be paid to the holder of a mining tenement interest in relation to the taking of the land, allowance can not be made for the value of minerals known or supposed to be on or below the surface of, or mined from, the land.","sortOrder":31},{"sectionNumber":"sec.10AA","sectionType":"section","heading":"Joint holders of mining tenement","content":"### sec.10AA Joint holders of mining tenement\n\nA mining tenement may be held by 2 or more persons as joint tenants or as tenants in common.\nIf—\nany of the following applications are made for more than 1 proposed holder or transferee—\nan application for a mining tenement;\nan application transfer;\nan application to register a transfer of a mining tenement under the Common Provisions Act ; and\nthe application does not show whether the proposed holders or transferees are to hold as joint tenants or as tenants in common; and\nthe mining tenement or approval is granted;\nthe chief executive must record in the register that the holders or transferees hold the mining tenement as tenants in common.\nIn this section—\nmining tenement includes an interest in a mining tenement.\ns 10AA ins 2008 No. 56 s 20\namd 2013 No. 10 s 46 ; 2012 No. 20 ss 157 , 281 sch 2 ; 2013 No. 10 s 193 sch 1 ; 2014 No. 47 s 353\n(sec.10AA-ssec.1) A mining tenement may be held by 2 or more persons as joint tenants or as tenants in common.\n(sec.10AA-ssec.2) If— any of the following applications are made for more than 1 proposed holder or transferee— an application for a mining tenement; an application transfer; an application to register a transfer of a mining tenement under the Common Provisions Act ; and the application does not show whether the proposed holders or transferees are to hold as joint tenants or as tenants in common; and the mining tenement or approval is granted; the chief executive must record in the register that the holders or transferees hold the mining tenement as tenants in common.\n(sec.10AA-ssec.3) In this section— mining tenement includes an interest in a mining tenement.\n- (a) any of the following applications are made for more than 1 proposed holder or transferee— (i) an application for a mining tenement; (ii) an application transfer; (iii) an application to register a transfer of a mining tenement under the Common Provisions Act ; and\n- (i) an application for a mining tenement;\n- (ii) an application transfer;\n- (iii) an application to register a transfer of a mining tenement under the Common Provisions Act ; and\n- (b) the application does not show whether the proposed holders or transferees are to hold as joint tenants or as tenants in common; and\n- (c) the mining tenement or approval is granted;\n- (i) an application for a mining tenement;\n- (ii) an application transfer;\n- (iii) an application to register a transfer of a mining tenement under the Common Provisions Act ; and","sortOrder":32},{"sectionNumber":"sec.10A","sectionType":"section","heading":"Extension of certain entitlements to registered native title bodies corporate and registered native title claimants","content":"### sec.10A Extension of certain entitlements to registered native title bodies corporate and registered native title claimants\n\nTo the extent that a provision of chapter 2 , other than section 19 (1) or 34 , applies to a prospecting permit granted only for pegging purposes, a reference in the provision to the owner of land is taken to include a reference to any registered native title body corporate under the Commonwealth Native Title Act in relation to any of the land.\nTo the extent that section 31 applies to a prospecting permit granted other than only for pegging purposes, a reference in the section to the owner of land is taken to include a reference to any registered native title body corporate or registered native title claimant under the Commonwealth Native Title Act in relation to any of the land.\nIn sections 34 , 125 , 231 (9) and 317 , a reference to the owner of land is taken to include a reference to any registered native title body corporate or registered native title claimant under the Commonwealth Native Title Act in relation to any of the land.\nIn section 386X , and schedule 1 other than schedule 1 , section 4 , a reference to the owner of land is taken to include a reference to any registered native title body corporate or registered native title claimant under the Commonwealth Native Title Act in relation to any of the land.\nIn this section—\npegging purposes , in relation to a prospecting permit, means purposes necessary to enable the holder of the permit to apply for a mining claim or mining lease over the land for which the permit is granted.\ns 10A ins 1999 No. 35 s 15\namd 2000 No. 64 s 174 sch ; 2010 No. 31 s 451 ; 2012 No. 20 ss 158 , 323 sch 3 ; 2014 No. 47 s 408B (amd 2016 No. 30 s 83 ); 2020 No. 14 s 218 sch 1\n(sec.10A-ssec.1) To the extent that a provision of chapter 2 , other than section 19 (1) or 34 , applies to a prospecting permit granted only for pegging purposes, a reference in the provision to the owner of land is taken to include a reference to any registered native title body corporate under the Commonwealth Native Title Act in relation to any of the land.\n(sec.10A-ssec.2) To the extent that section 31 applies to a prospecting permit granted other than only for pegging purposes, a reference in the section to the owner of land is taken to include a reference to any registered native title body corporate or registered native title claimant under the Commonwealth Native Title Act in relation to any of the land.\n(sec.10A-ssec.3) In sections 34 , 125 , 231 (9) and 317 , a reference to the owner of land is taken to include a reference to any registered native title body corporate or registered native title claimant under the Commonwealth Native Title Act in relation to any of the land.\n(sec.10A-ssec.4) In section 386X , and schedule 1 other than schedule 1 , section 4 , a reference to the owner of land is taken to include a reference to any registered native title body corporate or registered native title claimant under the Commonwealth Native Title Act in relation to any of the land.\n(sec.10A-ssec.5) In this section— pegging purposes , in relation to a prospecting permit, means purposes necessary to enable the holder of the permit to apply for a mining claim or mining lease over the land for which the permit is granted.","sortOrder":33},{"sectionNumber":"ch.1-pt.6","sectionType":"part","heading":"Mining districts","content":"# Mining districts","sortOrder":34},{"sectionNumber":"sec.11","sectionType":"section","heading":"Mining districts","content":"### sec.11 Mining districts\n\nThe chief executive may by gazette notice declare an area of land to be a mining district.\nThe notice must—\nstate the name of the mining district; and\ngive a description, by map or otherwise, of the location and boundaries of the mining district.\ns 11 amd 1992 No. 68 s 3 sch 1\nsub 2008 No. 33 s 77\n(sec.11-ssec.1) The chief executive may by gazette notice declare an area of land to be a mining district.\n(sec.11-ssec.2) The notice must— state the name of the mining district; and give a description, by map or otherwise, of the location and boundaries of the mining district.\n- (a) state the name of the mining district; and\n- (b) give a description, by map or otherwise, of the location and boundaries of the mining district.","sortOrder":35},{"sectionNumber":"sec.12","sectionType":"section","heading":null,"content":"### Section sec.12\n\ns 12 om 2008 No. 33 s 77","sortOrder":36},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Prospecting permit categories and entitlements","content":"# Prospecting permit categories and entitlements","sortOrder":37},{"sectionNumber":"sec.13","sectionType":"section","heading":"Definition for pt 1","content":"### sec.13 Definition for pt 1\n\nIn this part—\nholder , of a prospecting permit, includes a person who is an officer, employee, contractor or agent of the holder if the person is in actual possession of—\nthe permit; or\nthe holder’s written permission for the person to do something the holder may do under the permit.\ns 13 sub 1995 No. 21 s 9\namd 2008 No. 33 s 78 ; 2012 No. 20 s 323 sch 3\n- (a) the permit; or\n- (b) the holder’s written permission for the person to do something the holder may do under the permit.","sortOrder":38},{"sectionNumber":"sec.14","sectionType":"section","heading":"Categories of prospecting permit","content":"### sec.14 Categories of prospecting permit\n\nA prospecting permit may be granted for—\na mining district; or\na lot; or\n2 or more adjoining lots owned by the same person.\nA prospecting permit under subsection (1) (a) is a district prospecting permit .\nA prospecting permit under subsection (1) (b) or (c) is a parcel prospecting permit .\ns 14 sub 1995 No. 21 s 9\n(sec.14-ssec.1) A prospecting permit may be granted for— a mining district; or a lot; or 2 or more adjoining lots owned by the same person.\n(sec.14-ssec.2) A prospecting permit under subsection (1) (a) is a district prospecting permit .\n(sec.14-ssec.3) A prospecting permit under subsection (1) (b) or (c) is a parcel prospecting permit .\n- (a) a mining district; or\n- (b) a lot; or\n- (c) 2 or more adjoining lots owned by the same person.","sortOrder":39},{"sectionNumber":"sec.15","sectionType":"section","heading":"Area of land covered by parcel prospecting permit","content":"### sec.15 Area of land covered by parcel prospecting permit\n\nA parcel prospecting permit may be granted for all or part of the land of a lot, or 2 or more adjoining lots owned by the same person.\nMore than 1 parcel prospecting permit may be granted over a lot, or 2 or more adjoining lots owned by the same person.\nIf an application for a parcel prospecting permit is for only part of the land of a lot, or 2 or more adjoining lots owned by the same person, the permit may be granted for all of the area.\ns 15 amd 1994 No. 63 s 110 (2) sch\nsub 1995 No. 21 s 9\namd 1995 No. 50 s 3 sch\n(sec.15-ssec.1) A parcel prospecting permit may be granted for all or part of the land of a lot, or 2 or more adjoining lots owned by the same person.\n(sec.15-ssec.2) More than 1 parcel prospecting permit may be granted over a lot, or 2 or more adjoining lots owned by the same person.\n(sec.15-ssec.3) If an application for a parcel prospecting permit is for only part of the land of a lot, or 2 or more adjoining lots owned by the same person, the permit may be granted for all of the area.","sortOrder":40},{"sectionNumber":"sec.16","sectionType":"section","heading":"Land excluded from prospecting permit","content":"### sec.16 Land excluded from prospecting permit\n\nLand is excluded from a prospecting permit if—\nit is in the area of a mining claim, mineral development licence or mining lease; or\nit is covered by an application for a mining claim, mineral development licence or mining lease that has not been finally decided; or\nit is the subject of a call for mining lease tenders.\nAlso, a prospecting permit may be granted for all or part of a fossicking area only if the application for the permit was made, but not decided, before the land became a fossicking area.\nHowever, if the holder of, or applicant for, the mining claim, mineral development licence or mining lease consents in writing to an application for a prospecting permit for land in the area of or covered by the claim, licence or lease, this section does not apply to the application to the extent stated in the consent.\nIn addition, this section does not apply if—\nthe prospecting permit holder is the applicant for the mining claim, mineral development licence or mining lease; and\nthere is no other application for a claim, licence or lease for land in the area of the prospecting permit.\ns 16 sub 1995 No. 21 s 9\namd 2012 No. 20 s 125 sch 1 ; 2020 No. 14 s 105\n(sec.16-ssec.1) Land is excluded from a prospecting permit if— it is in the area of a mining claim, mineral development licence or mining lease; or it is covered by an application for a mining claim, mineral development licence or mining lease that has not been finally decided; or it is the subject of a call for mining lease tenders.\n(sec.16-ssec.2) Also, a prospecting permit may be granted for all or part of a fossicking area only if the application for the permit was made, but not decided, before the land became a fossicking area.\n(sec.16-ssec.3) However, if the holder of, or applicant for, the mining claim, mineral development licence or mining lease consents in writing to an application for a prospecting permit for land in the area of or covered by the claim, licence or lease, this section does not apply to the application to the extent stated in the consent.\n(sec.16-ssec.4) In addition, this section does not apply if— the prospecting permit holder is the applicant for the mining claim, mineral development licence or mining lease; and there is no other application for a claim, licence or lease for land in the area of the prospecting permit.\n- (a) it is in the area of a mining claim, mineral development licence or mining lease; or\n- (b) it is covered by an application for a mining claim, mineral development licence or mining lease that has not been finally decided; or\n- (c) it is the subject of a call for mining lease tenders.\n- (a) the prospecting permit holder is the applicant for the mining claim, mineral development licence or mining lease; and\n- (b) there is no other application for a claim, licence or lease for land in the area of the prospecting permit.","sortOrder":41},{"sectionNumber":"sec.17","sectionType":"section","heading":"Prospecting permit to be granted to a single person","content":"### sec.17 Prospecting permit to be granted to a single person\n\nA prospecting permit may only be issued in the name of a single eligible person.\ns 17 sub 1995 No. 21 s 9","sortOrder":42},{"sectionNumber":"sec.18","sectionType":"section","heading":"Entitlements under prospecting permit","content":"### sec.18 Entitlements under prospecting permit\n\nA holder of a prospecting permit for land may enter the land for—\npurposes necessary to enable the holder to apply for a mining claim or mining lease over the land; or\nprospecting purposes; or\nhand mining for a mineral other than coal.\nThe holder may—\nenter and leave the land using a reasonable type of transport; and\nenter and leave the land through land the permit states is access land.\ns 18 ins 1995 No. 21 s 9\n(sec.18-ssec.1) A holder of a prospecting permit for land may enter the land for— purposes necessary to enable the holder to apply for a mining claim or mining lease over the land; or prospecting purposes; or hand mining for a mineral other than coal.\n(sec.18-ssec.2) The holder may— enter and leave the land using a reasonable type of transport; and enter and leave the land through land the permit states is access land.\n- (a) purposes necessary to enable the holder to apply for a mining claim or mining lease over the land; or\n- (b) prospecting purposes; or\n- (c) hand mining for a mineral other than coal.\n- (a) enter and leave the land using a reasonable type of transport; and\n- (b) enter and leave the land through land the permit states is access land.","sortOrder":43},{"sectionNumber":"sec.19","sectionType":"section","heading":"Consent required to enter certain land","content":"### sec.19 Consent required to enter certain land\n\nA parcel prospecting permit holder may enter the surface of a reserve for prospecting purposes only with the written consent of the owner of the reserve.\nA district prospecting permit holder may enter the surface of occupied land only with the written consent of the owner of the land.\nAlso, a prospecting permit holder may enter occupied land for hand mining only with the written consent of the owner of the land.\nFurther, a prospecting permit holder may enter land within 50m laterally of a place where activities are being carried on under an exploration permit only with the written consent of the exploration permit holder.\ns 19 ins 1995 No. 21 s 9\namd 1995 No. 58 s 4 sch 1 ; 2014 No. 47 s 409\n(sec.19-ssec.1) A parcel prospecting permit holder may enter the surface of a reserve for prospecting purposes only with the written consent of the owner of the reserve.\n(sec.19-ssec.2) A district prospecting permit holder may enter the surface of occupied land only with the written consent of the owner of the land.\n(sec.19-ssec.3) Also, a prospecting permit holder may enter occupied land for hand mining only with the written consent of the owner of the land.\n(sec.19-ssec.5) Further, a prospecting permit holder may enter land within 50m laterally of a place where activities are being carried on under an exploration permit only with the written consent of the exploration permit holder.","sortOrder":44},{"sectionNumber":"sec.20","sectionType":"section","heading":"Provisions about consents to enter land","content":"### sec.20 Provisions about consents to enter land\n\nThis section applies to consents for a prospecting permit holder to enter land.\nIn the absence of evidence to the contrary, the consent of an owner who is a joint tenant or tenant in common with other owners, is taken to be the consent of all the owners.\nIf the owner of land can not be easily contacted, a consent may be given for the land by the land’s occupier.\nThe owner does not live in Australia and there is no known current overseas address for the owner.\nThe owner is travelling in Australia and there is no known current address for the owner.\nConsent under this section may be given on conditions.\nThe holder of a consent must comply with the consent’s conditions.\nMaximum penalty for subsection (5) —10 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 412B , to have also committed the offence.\nA consent given for land may be amended or withdrawn by the land’s owner (or, if given by the occupier, the occupier) by written notice given to the holder and the chief executive.\nFor other relevant provisions about giving the chief executive documents, see section 386O .\nSubsection (6) applies despite the Common Provisions Act , section 70 .\ns 20 ins 1995 No. 21 s 9\namd 2012 No. 20 s 281 sch 2 ; 2013 No. 10 s 193 sch 1 ; 2013 No. 51 s 229 sch 1 ; 2014 No. 47 s 410\n(sec.20-ssec.1) This section applies to consents for a prospecting permit holder to enter land.\n(sec.20-ssec.2) In the absence of evidence to the contrary, the consent of an owner who is a joint tenant or tenant in common with other owners, is taken to be the consent of all the owners.\n(sec.20-ssec.3) If the owner of land can not be easily contacted, a consent may be given for the land by the land’s occupier. The owner does not live in Australia and there is no known current overseas address for the owner. The owner is travelling in Australia and there is no known current address for the owner.\n(sec.20-ssec.4) Consent under this section may be given on conditions.\n(sec.20-ssec.5) The holder of a consent must comply with the consent’s conditions. Maximum penalty for subsection (5) —10 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 412B , to have also committed the offence.\n(sec.20-ssec.6) A consent given for land may be amended or withdrawn by the land’s owner (or, if given by the occupier, the occupier) by written notice given to the holder and the chief executive. For other relevant provisions about giving the chief executive documents, see section 386O .\n(sec.20-ssec.7) Subsection (6) applies despite the Common Provisions Act , section 70 .\n- 1 The owner does not live in Australia and there is no known current overseas address for the owner.\n- 2 The owner is travelling in Australia and there is no known current address for the owner.","sortOrder":45},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Other provisions about prospecting permits","content":"# Other provisions about prospecting permits","sortOrder":46},{"sectionNumber":"sec.21","sectionType":"section","heading":"Application for prospecting permit","content":"### sec.21 Application for prospecting permit\n\nAn application for a prospecting permit for land must—\nbe made in the approved form and lodged with the chief executive; and\nbe accompanied by—\nproof, to the chief executive’s satisfaction, of the applicant’s identity; and\nthe fee prescribed under a regulation; and\nstate the applicant’s name, and address for service of notices; and\nif the application is for a parcel prospecting permit—\nidentify, by sketch and description, or in another way acceptable to the chief executive, the land over which the permit is sought and land proposed to be used as access; and\nstate the name and address of each owner of occupied land over which the permit is sought; and\nstate the name and address of each owner of land proposed to be used as access.\ns 21 ins 1995 No. 21 s 9\namd 2000 No. 64 s 64 ; 2012 No. 20 s 281 sch 2 ; 2013 No. 10 s 193 sch 1\n- (a) be made in the approved form and lodged with the chief executive; and\n- (b) be accompanied by— (i) proof, to the chief executive’s satisfaction, of the applicant’s identity; and (ii) the fee prescribed under a regulation; and\n- (i) proof, to the chief executive’s satisfaction, of the applicant’s identity; and\n- (ii) the fee prescribed under a regulation; and\n- (c) state the applicant’s name, and address for service of notices; and\n- (d) if the application is for a parcel prospecting permit— (i) identify, by sketch and description, or in another way acceptable to the chief executive, the land over which the permit is sought and land proposed to be used as access; and (ii) state the name and address of each owner of occupied land over which the permit is sought; and (iii) state the name and address of each owner of land proposed to be used as access.\n- (i) identify, by sketch and description, or in another way acceptable to the chief executive, the land over which the permit is sought and land proposed to be used as access; and\n- (ii) state the name and address of each owner of occupied land over which the permit is sought; and\n- (iii) state the name and address of each owner of land proposed to be used as access.\n- (i) proof, to the chief executive’s satisfaction, of the applicant’s identity; and\n- (ii) the fee prescribed under a regulation; and\n- (i) identify, by sketch and description, or in another way acceptable to the chief executive, the land over which the permit is sought and land proposed to be used as access; and\n- (ii) state the name and address of each owner of occupied land over which the permit is sought; and\n- (iii) state the name and address of each owner of land proposed to be used as access.","sortOrder":47},{"sectionNumber":"sec.22","sectionType":"section","heading":"Reason for rejection of application to be given","content":"### sec.22 Reason for rejection of application to be given\n\nIf the chief executive rejects an application for the grant of a prospecting permit, the chief executive must, within 5 business days after deciding to reject, give the applicant a written notice stating the decision and the reasons for it.\ns 22 amd 2000 No. 64 s 65 ; 2012 No. 20 s 281 sch 2 ; 2013 No. 10 s 193 sch 1","sortOrder":48},{"sectionNumber":"sec.23","sectionType":"section","heading":null,"content":"### Section sec.23\n\ns 23 amd 2013 No. 10 s 193 sch 1\nom 2019 No. 17 s 218","sortOrder":49},{"sectionNumber":"sec.24","sectionType":"section","heading":"Grant of prospecting permit","content":"### sec.24 Grant of prospecting permit\n\nThe chief executive may grant a prospecting permit for land if the chief executive is satisfied an eligible person has—\nmade a genuine application that complies with this chapter, and otherwise complied with the requirements of this Act; and\ndeposited the amount of security required to be deposited for the permit.\nIf the application relates to acquired land, see also section 10AAC .\nIf the chief executive is of the opinion that an applicant for a prospecting permit had previously contravened or failed to comply with any provision of this Act, the repealed Acts, any other Act about mining or the Fossicking Act 1994 , the chief executive may, whether or not that person had been charged or convicted of an offence in respect of that contravention or failure to comply, reject the application.\nFor subsection (2) , a company is taken to have contravened a provision of this Act if the person contravening the provision is—\nan officer or employee of the company; or\nsomeone else who is in a position to control or substantially influence the company’s affairs.\ns 24 amd 1994 No. 63 s 110 (2) sch ; 1995 No. 21 ss 10 , 3 sch ; 1999 No. 35 s 16 ; 2008 No. 33 s 79 ; 2012 No. 20 ss 49 , 323 sch 3 ; 2013 No. 10 s 193 sch 1\n(sec.24-ssec.1) The chief executive may grant a prospecting permit for land if the chief executive is satisfied an eligible person has— made a genuine application that complies with this chapter, and otherwise complied with the requirements of this Act; and deposited the amount of security required to be deposited for the permit. If the application relates to acquired land, see also section 10AAC .\n(sec.24-ssec.2) If the chief executive is of the opinion that an applicant for a prospecting permit had previously contravened or failed to comply with any provision of this Act, the repealed Acts, any other Act about mining or the Fossicking Act 1994 , the chief executive may, whether or not that person had been charged or convicted of an offence in respect of that contravention or failure to comply, reject the application.\n(sec.24-ssec.3) For subsection (2) , a company is taken to have contravened a provision of this Act if the person contravening the provision is— an officer or employee of the company; or someone else who is in a position to control or substantially influence the company’s affairs.\n- (a) made a genuine application that complies with this chapter, and otherwise complied with the requirements of this Act; and\n- (b) deposited the amount of security required to be deposited for the permit.\n- (a) an officer or employee of the company; or\n- (b) someone else who is in a position to control or substantially influence the company’s affairs.","sortOrder":50},{"sectionNumber":"sec.24A","sectionType":"section","heading":"Details of prospecting permit to be recorded in register","content":"### sec.24A Details of prospecting permit to be recorded in register\n\nThe chief executive must record in the register the following details of a prospecting permit—\nthe identification number of the permit;\nthe name of the holder;\nthe address for service of notices on the holder;\nthe description of land for which the permit is granted;\nthe term and date of commencement of the permit;\nthe conditions, other than conditions prescribed under this Act, to which the permit is subject.\ns 24A ins 2008 No. 33 s 80\namd 2013 No. 10 s 193 sch 1\nsub 2018 No. 24 s 70\n- (a) the identification number of the permit;\n- (b) the name of the holder;\n- (c) the address for service of notices on the holder;\n- (d) the description of land for which the permit is granted;\n- (e) the term and date of commencement of the permit;\n- (f) the conditions, other than conditions prescribed under this Act, to which the permit is subject.","sortOrder":51},{"sectionNumber":"sec.25","sectionType":"section","heading":"Conditions of prospecting permit","content":"### sec.25 Conditions of prospecting permit\n\nIt is a condition of each prospecting permit that the holder must carry out improvement restoration for the permit.\nA prospecting permit shall be subject to any prescribed conditions and such other conditions as the chief executive shall from time to time impose.\nIn imposing conditions upon the grant of a prospecting permit the chief executive shall take into consideration the possible effect upon the owner of the land of the grant of the permit having regard to the holder’s entitlements under that permit and any other subsisting permits.\nThe chief executive may from time to time, by notice in writing to the holder of a prospecting permit vary any condition imposed by the chief executive.\nDespite subsections (2) to (4) , a condition must not be imposed, prescribed or varied if the condition, or the condition as varied, is the same, or substantially the same, or inconsistent with, a prescribed condition under the Environmental Protection Act for carrying out a small scale mining activity.\nThe holder of a prospecting permit and all persons acting under the authority of the permit shall comply with the conditions for the time being of the permit of which notice has been served on the holder.\nTo remove doubt, it is declared that a condition may limit the extent of the holder’s entitlements under section 18 (1) .\ns 25 amd 1998 No. 38 s 8 ; 1999 No. 35 s 17 ; 2000 No. 64 ss 66 , 174 sch ; 2006 No. 59 s 47 ; 2012 No. 20 s 323 sch 3 ; 2012 No. 16 s 78 sch (amd 2013 No. 10 s 21 (2) ); 2013 No. 10 s 193 sch 1 ; 2014 No. 40 s 112 ; 2014 No. 47 s 465\n(sec.25-ssec.1) It is a condition of each prospecting permit that the holder must carry out improvement restoration for the permit.\n(sec.25-ssec.2) A prospecting permit shall be subject to any prescribed conditions and such other conditions as the chief executive shall from time to time impose.\n(sec.25-ssec.3) In imposing conditions upon the grant of a prospecting permit the chief executive shall take into consideration the possible effect upon the owner of the land of the grant of the permit having regard to the holder’s entitlements under that permit and any other subsisting permits.\n(sec.25-ssec.4) The chief executive may from time to time, by notice in writing to the holder of a prospecting permit vary any condition imposed by the chief executive.\n(sec.25-ssec.5) Despite subsections (2) to (4) , a condition must not be imposed, prescribed or varied if the condition, or the condition as varied, is the same, or substantially the same, or inconsistent with, a prescribed condition under the Environmental Protection Act for carrying out a small scale mining activity.\n(sec.25-ssec.6) The holder of a prospecting permit and all persons acting under the authority of the permit shall comply with the conditions for the time being of the permit of which notice has been served on the holder.\n(sec.25-ssec.7) To remove doubt, it is declared that a condition may limit the extent of the holder’s entitlements under section 18 (1) .","sortOrder":52},{"sectionNumber":"sec.25AA","sectionType":"section","heading":"Additional conditions of prospecting permit relating to native title","content":"### sec.25AA Additional conditions of prospecting permit relating to native title\n\nConditions imposed on a prospecting permit by the chief executive under section 25 (2) may include native title protection conditions for the permit.\nSubsection (1) does not limit section 25 (2) .\nIn this section—\nnative title protection conditions , for a prospecting permit, means conditions that—\nare about ways of minimising the impact of the permit on native title in relation to the land affected by the permit, including ways of accessing the land and ways anything authorised under the permit may be done; and\nare identified in the permit as native title protection conditions for the permit.\ns 25AA ins 2003 No. 10 s 32\namd 2013 No. 10 s 193 sch 1\n(sec.25AA-ssec.1) Conditions imposed on a prospecting permit by the chief executive under section 25 (2) may include native title protection conditions for the permit.\n(sec.25AA-ssec.2) Subsection (1) does not limit section 25 (2) .\n(sec.25AA-ssec.3) In this section— native title protection conditions , for a prospecting permit, means conditions that— are about ways of minimising the impact of the permit on native title in relation to the land affected by the permit, including ways of accessing the land and ways anything authorised under the permit may be done; and are identified in the permit as native title protection conditions for the permit.\n- (a) are about ways of minimising the impact of the permit on native title in relation to the land affected by the permit, including ways of accessing the land and ways anything authorised under the permit may be done; and\n- (b) are identified in the permit as native title protection conditions for the permit.","sortOrder":53},{"sectionNumber":"sec.25A","sectionType":"section","heading":"Indigenous land use agreement conditions","content":"### sec.25A Indigenous land use agreement conditions\n\nThis section applies if—\na registered indigenous land use agreement under the Commonwealth Native Title Act provides for the granting of a prospecting permit; and\nthe State is a party to the agreement; and\nthe agreement includes a requirement that, if the prospecting permit is granted, it must be granted subject to conditions stated in the agreement (the stated conditions ); and\nthe prospecting permit is granted.\nThe prospecting permit is subject to the stated conditions.\nThe stated conditions are taken to be conditions of the permit of which notice has been served on the holder of the prospecting permit.\ns 25A ins 1999 No. 35 s 18\namd 2000 No. 36 s 18 sch 1\n(sec.25A-ssec.1) This section applies if— a registered indigenous land use agreement under the Commonwealth Native Title Act provides for the granting of a prospecting permit; and the State is a party to the agreement; and the agreement includes a requirement that, if the prospecting permit is granted, it must be granted subject to conditions stated in the agreement (the stated conditions ); and the prospecting permit is granted.\n(sec.25A-ssec.2) The prospecting permit is subject to the stated conditions.\n(sec.25A-ssec.3) The stated conditions are taken to be conditions of the permit of which notice has been served on the holder of the prospecting permit.\n- (a) a registered indigenous land use agreement under the Commonwealth Native Title Act provides for the granting of a prospecting permit; and\n- (b) the State is a party to the agreement; and\n- (c) the agreement includes a requirement that, if the prospecting permit is granted, it must be granted subject to conditions stated in the agreement (the stated conditions ); and\n- (d) the prospecting permit is granted.","sortOrder":54},{"sectionNumber":"sec.26","sectionType":"section","heading":"Provision of security","content":"### sec.26 Provision of security\n\nA prospecting permit shall not be granted until the applicant for the permit deposits the security (if any) determined by the chief executive for compliance with the conditions of the prospecting permit and the provisions of this Act and to rectify any actual damage that may be caused by any person whilst purporting to act under the authority of the permit to pre-existing improvements for the permit.\nIf the chief executive fixes an amount of security under subsection (1) , the amount must not be less than the amount prescribed under a regulation.\nThe owner of any land may apply in writing to the chief executive to rectify the damage referred to in subsection (1) that has been caused by any activity allegedly authorised under a prospecting permit in respect of that land.\nIf the chief executive is satisfied (whether or not upon an application referred to in subsection (3) ) that damage referred to in subsection (1) has been caused by any person purporting to act under the authority of a prospecting permit the chief executive shall require that person to take all action necessary to rectify that damage.\nThe chief executive may, at any time (whether before or after the expiry or cancellation of a prospecting permit), use all or part of the security deposited for the permit to rectify actual damage caused by someone acting under the permit.\nIf, at any time (whether during or within 20 business days after the expiration of the term of a prospecting permit) the amount or any part of the amount deposited under this section is utilised as provided by subsection (5) or the chief executive considers that, in view of the damage caused or likely to be caused by any person purporting to act under the authority of the prospecting permit or for any other reason, a further amount of security should be deposited in respect of that prospecting permit, the chief executive shall require the holder or former holder of the prospecting permit, within the time specified by the chief executive, to deposit the further security.\nThe chief executive may accept a bond or a guarantee or indemnity by, or other financial arrangement with, a financial institution, insurance company or another credit provider approved by the chief executive or other form of security acceptable to the chief executive as the whole or part of the security to be deposited under this section.\nIt shall be a condition of a prospecting permit that the holder shall deposit security or further security from time to time in accordance with a requirement made as provided by this section.\nSubsection (10) applies if an amount of security deposited by a holder of a prospecting permit has not been used when the permit terminates and—\nfor a parcel prospecting permit—the owner of the occupied land in the area of the permit—\ngives the chief executive written approval to refund the security; or\ndoes not make a claim against the security within—\n20 business days after the termination; or\na longer period (of not more than 3 months) fixed by the chief executive by written notice given to the permit holder and owner; or\nfor a district prospecting permit—an owner of land in the area of the permit does not make a claim against the security within—\n20 business days after the termination; or\na longer period (of not more than 3 months) fixed by the chief executive by written notice given to the permit holder and owner.\nAfter deducting the amount the chief executive considers should be held for use under subsection (5) , the chief executive may refund the balance of the security.\nThe chief executive must refund the amount to the permit holder or in accordance with any written direction the holder gives the chief executive.\nIn the absence of evidence to the contrary, the approval of an owner who is a joint tenant or tenant in common is taken to be the approval of all the owners for subsection (9) (a) (i) .\nSubsection (10) does not limit the chief executive’s powers under subsection (15) .\nIf—\na prospecting permit holder applies for a mining claim or mining lease; and\nthe application has not been finally decided when the permit is terminated; and\nafter the application is decided, an amount held as security under this section is not held as security for the claim or lease;\nthe amount may be refunded under subsection (9) .\nIf the chief executive accepts a bond, guarantee or indemnity by, or another financial arrangement with, a financial institution, insurance company or credit provider as security under this section, any amount payable to the holder under subsection (9) or (10) must be refunded to the financial institution, insurance company or credit provider and not to the holder of the prospecting permit to which the security relates.\ns 26 amd 1995 No. 21 s 11 ; 1997 No. 17 s 74 sch ; 2000 No. 64 s 67 ; 2005 No. 8 s 2 sch ; 2012 No. 20 s 125 sch 1 ; 2013 No. 10 s 193 sch 1\n(sec.26-ssec.1) A prospecting permit shall not be granted until the applicant for the permit deposits the security (if any) determined by the chief executive for compliance with the conditions of the prospecting permit and the provisions of this Act and to rectify any actual damage that may be caused by any person whilst purporting to act under the authority of the permit to pre-existing improvements for the permit.\n(sec.26-ssec.2) If the chief executive fixes an amount of security under subsection (1) , the amount must not be less than the amount prescribed under a regulation.\n(sec.26-ssec.3) The owner of any land may apply in writing to the chief executive to rectify the damage referred to in subsection (1) that has been caused by any activity allegedly authorised under a prospecting permit in respect of that land.\n(sec.26-ssec.4) If the chief executive is satisfied (whether or not upon an application referred to in subsection (3) ) that damage referred to in subsection (1) has been caused by any person purporting to act under the authority of a prospecting permit the chief executive shall require that person to take all action necessary to rectify that damage.\n(sec.26-ssec.5) The chief executive may, at any time (whether before or after the expiry or cancellation of a prospecting permit), use all or part of the security deposited for the permit to rectify actual damage caused by someone acting under the permit.\n(sec.26-ssec.6) If, at any time (whether during or within 20 business days after the expiration of the term of a prospecting permit) the amount or any part of the amount deposited under this section is utilised as provided by subsection (5) or the chief executive considers that, in view of the damage caused or likely to be caused by any person purporting to act under the authority of the prospecting permit or for any other reason, a further amount of security should be deposited in respect of that prospecting permit, the chief executive shall require the holder or former holder of the prospecting permit, within the time specified by the chief executive, to deposit the further security.\n(sec.26-ssec.7) The chief executive may accept a bond or a guarantee or indemnity by, or other financial arrangement with, a financial institution, insurance company or another credit provider approved by the chief executive or other form of security acceptable to the chief executive as the whole or part of the security to be deposited under this section.\n(sec.26-ssec.8) It shall be a condition of a prospecting permit that the holder shall deposit security or further security from time to time in accordance with a requirement made as provided by this section.\n(sec.26-ssec.9) Subsection (10) applies if an amount of security deposited by a holder of a prospecting permit has not been used when the permit terminates and— for a parcel prospecting permit—the owner of the occupied land in the area of the permit— gives the chief executive written approval to refund the security; or does not make a claim against the security within— 20 business days after the termination; or a longer period (of not more than 3 months) fixed by the chief executive by written notice given to the permit holder and owner; or for a district prospecting permit—an owner of land in the area of the permit does not make a claim against the security within— 20 business days after the termination; or a longer period (of not more than 3 months) fixed by the chief executive by written notice given to the permit holder and owner.\n(sec.26-ssec.10) After deducting the amount the chief executive considers should be held for use under subsection (5) , the chief executive may refund the balance of the security.\n(sec.26-ssec.11) The chief executive must refund the amount to the permit holder or in accordance with any written direction the holder gives the chief executive.\n(sec.26-ssec.12) In the absence of evidence to the contrary, the approval of an owner who is a joint tenant or tenant in common is taken to be the approval of all the owners for subsection (9) (a) (i) .\n(sec.26-ssec.13) Subsection (10) does not limit the chief executive’s powers under subsection (15) .\n(sec.26-ssec.14) If— a prospecting permit holder applies for a mining claim or mining lease; and the application has not been finally decided when the permit is terminated; and after the application is decided, an amount held as security under this section is not held as security for the claim or lease; the amount may be refunded under subsection (9) .\n(sec.26-ssec.15) If the chief executive accepts a bond, guarantee or indemnity by, or another financial arrangement with, a financial institution, insurance company or credit provider as security under this section, any amount payable to the holder under subsection (9) or (10) must be refunded to the financial institution, insurance company or credit provider and not to the holder of the prospecting permit to which the security relates.\n- (a) for a parcel prospecting permit—the owner of the occupied land in the area of the permit— (i) gives the chief executive written approval to refund the security; or (ii) does not make a claim against the security within— (A) 20 business days after the termination; or (B) a longer period (of not more than 3 months) fixed by the chief executive by written notice given to the permit holder and owner; or\n- (i) gives the chief executive written approval to refund the security; or\n- (ii) does not make a claim against the security within— (A) 20 business days after the termination; or (B) a longer period (of not more than 3 months) fixed by the chief executive by written notice given to the permit holder and owner; or\n- (A) 20 business days after the termination; or\n- (B) a longer period (of not more than 3 months) fixed by the chief executive by written notice given to the permit holder and owner; or\n- (b) for a district prospecting permit—an owner of land in the area of the permit does not make a claim against the security within— (i) 20 business days after the termination; or (ii) a longer period (of not more than 3 months) fixed by the chief executive by written notice given to the permit holder and owner.\n- (i) 20 business days after the termination; or\n- (ii) a longer period (of not more than 3 months) fixed by the chief executive by written notice given to the permit holder and owner.\n- (i) gives the chief executive written approval to refund the security; or\n- (ii) does not make a claim against the security within— (A) 20 business days after the termination; or (B) a longer period (of not more than 3 months) fixed by the chief executive by written notice given to the permit holder and owner; or\n- (A) 20 business days after the termination; or\n- (B) a longer period (of not more than 3 months) fixed by the chief executive by written notice given to the permit holder and owner; or\n- (A) 20 business days after the termination; or\n- (B) a longer period (of not more than 3 months) fixed by the chief executive by written notice given to the permit holder and owner; or\n- (i) 20 business days after the termination; or\n- (ii) a longer period (of not more than 3 months) fixed by the chief executive by written notice given to the permit holder and owner.\n- (a) a prospecting permit holder applies for a mining claim or mining lease; and\n- (b) the application has not been finally decided when the permit is terminated; and\n- (c) after the application is decided, an amount held as security under this section is not held as security for the claim or lease;","sortOrder":55},{"sectionNumber":"sec.27","sectionType":"section","heading":"Utilisation of security deposit towards subsequent prospecting permit","content":"### sec.27 Utilisation of security deposit towards subsequent prospecting permit\n\nIf the holder of a prospecting permit or an expired prospecting permit makes application for a further prospecting permit, the chief executive may, instead of refunding the whole or part of the security deposited in respect of the existing or expired permit, retain that security or part thereof (together with any further security fixed by the chief executive) as the security (in which case it shall be taken to be or to be part of the security) deposited by the applicant in respect of the application for the further prospecting permit.\ns 27 amd 2013 No. 10 s 193 sch 1","sortOrder":56},{"sectionNumber":"sec.28","sectionType":"section","heading":"Compensation","content":"### sec.28 Compensation\n\nNotwithstanding section 26 , the Crown or an owner is entitled to recover, from time to time in the Land Court, compensation in respect of damage or injury suffered or loss incurred by reason of a person acting or purporting to act under the authority of a prospecting permit but any moneys paid under that section in respect of rectification of damage the subject of the proceeding shall be taken into account in assessing any compensation.\nThe holder of a prospecting permit is not liable under this section in respect of damage or injury or loss caused by another person who is not a holder and is not a person authorised by the holder to be in the area of the prospecting permit.\ns 28 amd 1990 No. 30 s 4 ; 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch ; 2012 No. 20 s 125 sch 1\n(sec.28-ssec.1) Notwithstanding section 26 , the Crown or an owner is entitled to recover, from time to time in the Land Court, compensation in respect of damage or injury suffered or loss incurred by reason of a person acting or purporting to act under the authority of a prospecting permit but any moneys paid under that section in respect of rectification of damage the subject of the proceeding shall be taken into account in assessing any compensation.\n(sec.28-ssec.2) The holder of a prospecting permit is not liable under this section in respect of damage or injury or loss caused by another person who is not a holder and is not a person authorised by the holder to be in the area of the prospecting permit.","sortOrder":57},{"sectionNumber":"sec.29","sectionType":"section","heading":"Term of prospecting permit","content":"### sec.29 Term of prospecting permit\n\nA prospecting permit may be granted for—\nif it is a district prospecting permit—1 or more months but not longer than 1 year; or\nif it is a parcel prospecting permit—3 months.\nA prospecting permit’s term must not start before the day the permit is granted.\ns 29 sub 1995 No. 21 s 12\namd 1997 No. 17 s 74 sch ; 2018 No. 24 s 71\n(sec.29-ssec.1) A prospecting permit may be granted for— if it is a district prospecting permit—1 or more months but not longer than 1 year; or if it is a parcel prospecting permit—3 months.\n(sec.29-ssec.2) A prospecting permit’s term must not start before the day the permit is granted.\n- (a) if it is a district prospecting permit—1 or more months but not longer than 1 year; or\n- (b) if it is a parcel prospecting permit—3 months.","sortOrder":58},{"sectionNumber":"sec.30","sectionType":"section","heading":"Rights and obligations extended upon application for mining claim etc.","content":"### sec.30 Rights and obligations extended upon application for mining claim etc.\n\nThe holder of a prospecting permit who, during the term of the prospecting permit, makes application for the grant of—\na mining claim; or\na mining lease;\nin respect of any land in the area of the prospecting permit, shall, during the period from the expiration of the prospecting permit until the determination of the application, for so long as the provisions of this Act and the terms and conditions that would apply if the permit were current are complied with, have all the responsibilities, powers, authorities and duties that the holder would have had in respect of the land the subject of the application if the prospecting permit was current.\nThe entitlements of the holder of a prospecting permit are not reduced or limited by reason only of the holder’s application for the grant of a mining claim or a mining lease in respect of any land in the area of the prospecting permit.\ns 30 amd 2012 No. 20 s 125 sch 1\n(sec.30-ssec.1) The holder of a prospecting permit who, during the term of the prospecting permit, makes application for the grant of— a mining claim; or a mining lease; in respect of any land in the area of the prospecting permit, shall, during the period from the expiration of the prospecting permit until the determination of the application, for so long as the provisions of this Act and the terms and conditions that would apply if the permit were current are complied with, have all the responsibilities, powers, authorities and duties that the holder would have had in respect of the land the subject of the application if the prospecting permit was current.\n(sec.30-ssec.2) The entitlements of the holder of a prospecting permit are not reduced or limited by reason only of the holder’s application for the grant of a mining claim or a mining lease in respect of any land in the area of the prospecting permit.\n- (a) a mining claim; or\n- (b) a mining lease;","sortOrder":59},{"sectionNumber":"sec.31","sectionType":"section","heading":"Chief executive to notify owners of occupied land of grant of parcel prospecting permit","content":"### sec.31 Chief executive to notify owners of occupied land of grant of parcel prospecting permit\n\nUpon granting a parcel prospecting permit, the chief executive must, within 5 business days after the grant, advise the owner of any occupied land specified in the permit including occupied land (other than a reserve for public road) specified as access.\nWhere advice is not in writing, the advice shall be confirmed in writing as soon as practicable.\ns 31 amd 1995 No. 21 s 13 ; 2000 No. 64 s 68 ; 2013 No. 10 s 193 sch 1\n(sec.31-ssec.1) Upon granting a parcel prospecting permit, the chief executive must, within 5 business days after the grant, advise the owner of any occupied land specified in the permit including occupied land (other than a reserve for public road) specified as access.\n(sec.31-ssec.2) Where advice is not in writing, the advice shall be confirmed in writing as soon as practicable.","sortOrder":60},{"sectionNumber":"sec.32","sectionType":"section","heading":"Notice of entry under parcel prospecting permit","content":"### sec.32 Notice of entry under parcel prospecting permit\n\nA parcel prospecting permit holder must give the owner of the land in the area of the permit notice of entry before initial entry is made under the permit.\nThe notice must be given at least 5 business days before the intended entry (or a shorter time acceptable to the owner and endorsed on the notice).\nIf the owner can not be easily contacted, the holder may notify the occupier of the land of the intended entry.\nThe owner does not live in Australia and there is no known current address for the owner.\nThe owner is travelling within Australia and there is no known current address for the owner.\nHowever, subsection (1) does not apply to a parcel prospecting permit holder if—\nthe holder satisfies the chief executive it is impracticable to give either the owner or occupier notice of the intended entry; and\nthe chief executive decides to not require the holder to give notice of the intended entry; and\nthe chief executive’s decision is recorded in the register.\nBefore recording the decision in the register, the chief executive may require the holder to take the action the chief executive considers appropriate to publicise the intended entry, including, for example, publishing an advertisement in a newspaper or other publication.\ns 32 sub 1990 No. 30 s 5 ; 1995 No. 21 s 14\namd 2005 No. 8 s 2 sch ; 2012 No. 20 s 125 sch 1 ; 2013 No. 10 s 193 sch 1 ; 2018 No. 24 s 72\n(sec.32-ssec.1) A parcel prospecting permit holder must give the owner of the land in the area of the permit notice of entry before initial entry is made under the permit.\n(sec.32-ssec.2) The notice must be given at least 5 business days before the intended entry (or a shorter time acceptable to the owner and endorsed on the notice).\n(sec.32-ssec.3) If the owner can not be easily contacted, the holder may notify the occupier of the land of the intended entry. The owner does not live in Australia and there is no known current address for the owner. The owner is travelling within Australia and there is no known current address for the owner.\n(sec.32-ssec.4) However, subsection (1) does not apply to a parcel prospecting permit holder if— the holder satisfies the chief executive it is impracticable to give either the owner or occupier notice of the intended entry; and the chief executive decides to not require the holder to give notice of the intended entry; and the chief executive’s decision is recorded in the register.\n(sec.32-ssec.5) Before recording the decision in the register, the chief executive may require the holder to take the action the chief executive considers appropriate to publicise the intended entry, including, for example, publishing an advertisement in a newspaper or other publication.\n- 1 The owner does not live in Australia and there is no known current address for the owner.\n- 2 The owner is travelling within Australia and there is no known current address for the owner.\n- (a) the holder satisfies the chief executive it is impracticable to give either the owner or occupier notice of the intended entry; and\n- (b) the chief executive decides to not require the holder to give notice of the intended entry; and\n- (c) the chief executive’s decision is recorded in the register.","sortOrder":61},{"sectionNumber":"sec.33","sectionType":"section","heading":"Prospecting permit not transferable","content":"### sec.33 Prospecting permit not transferable\n\nA prospecting permit is not transferable.","sortOrder":62},{"sectionNumber":"sec.34","sectionType":"section","heading":"Report to chief executive by owner of land","content":"### sec.34 Report to chief executive by owner of land\n\nWhere a person purports to enter or be upon land under the authority of a prospecting permit, the owner of that land who considers that that person is not authorised to enter or be upon that land or is not complying with any condition of the prospecting permit or of any provision of this Act may report accordingly to the chief executive.\nThe chief executive shall have the report investigated and shall advise the owner of land who reports under subsection (1) of any action taken upon the report.\ns 34 amd 2013 No. 10 s 193 sch 1\n(sec.34-ssec.1) Where a person purports to enter or be upon land under the authority of a prospecting permit, the owner of that land who considers that that person is not authorised to enter or be upon that land or is not complying with any condition of the prospecting permit or of any provision of this Act may report accordingly to the chief executive.\n(sec.34-ssec.2) The chief executive shall have the report investigated and shall advise the owner of land who reports under subsection (1) of any action taken upon the report.","sortOrder":63},{"sectionNumber":"sec.35","sectionType":"section","heading":null,"content":"### Section sec.35\n\ns 35 amd 2013 No. 10 s 193 sch 1\nom 2018 No. 24 s 73","sortOrder":64},{"sectionNumber":"sec.36","sectionType":"section","heading":"Cancellation of prospecting permit","content":"### sec.36 Cancellation of prospecting permit\n\nThe chief executive may at any time, by notice in writing in the approved form served on the holder of a prospecting permit or other person apparently acting under the authority of the permit, cancel the permit.\nA notice cancelling a prospecting permit served pursuant to subsection (1) shall state the reasons for the cancellation.\ns 36 amd 1995 No. 21 s 3 sch ; 2013 No. 10 s 193 sch 1\n(sec.36-ssec.1) The chief executive may at any time, by notice in writing in the approved form served on the holder of a prospecting permit or other person apparently acting under the authority of the permit, cancel the permit.\n(sec.36-ssec.2) A notice cancelling a prospecting permit served pursuant to subsection (1) shall state the reasons for the cancellation.","sortOrder":65},{"sectionNumber":"sec.37","sectionType":"section","heading":"Surrender of prospecting permit","content":"### sec.37 Surrender of prospecting permit\n\nThe holder of a prospecting permit may, at any time before the expiration of its term, by notice in writing to the chief executive surrender the permit.\ns 37 amd 2000 No. 64 s 69 ; 2012 No. 20 s 281 sch 2 ; 2013 No. 10 s 193 sch 1","sortOrder":66},{"sectionNumber":"sec.38","sectionType":"section","heading":"Appeals about prospecting permits","content":"### sec.38 Appeals about prospecting permits\n\nA person whose interests are adversely affected by a decision to which this section applies (the aggrieved person ) may appeal against the decision to the Land Court.\nThis section applies to the following decisions of the chief executive—\na decision to refuse to grant a prospecting permit;\na decision to impose a condition on a prospecting permit;\na decision to vary a condition imposed on a prospecting permit;\na decision to require an applicant for, or holder of, a prospecting permit to deposit security;\nFor the provision of security, see section 26 .\na decision about the use of security deposited by a prospecting permit holder towards rectification of damage caused by noncompliance with permit conditions;\na decision to cancel a prospecting permit.\ns 38 sub 1995 No. 21 s 15\namd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch ; 2012 No. 20 s 125 sch 1 ; 2013 No. 10 s 193 sch 1 ; 2018 No. 24 s 74\n(sec.38-ssec.1) A person whose interests are adversely affected by a decision to which this section applies (the aggrieved person ) may appeal against the decision to the Land Court.\n(sec.38-ssec.2) This section applies to the following decisions of the chief executive— a decision to refuse to grant a prospecting permit; a decision to impose a condition on a prospecting permit; a decision to vary a condition imposed on a prospecting permit; a decision to require an applicant for, or holder of, a prospecting permit to deposit security; For the provision of security, see section 26 . a decision about the use of security deposited by a prospecting permit holder towards rectification of damage caused by noncompliance with permit conditions; a decision to cancel a prospecting permit.\n- (a) a decision to refuse to grant a prospecting permit;\n- (b) a decision to impose a condition on a prospecting permit;\n- (c) a decision to vary a condition imposed on a prospecting permit;\n- (d) a decision to require an applicant for, or holder of, a prospecting permit to deposit security; Note— For the provision of security, see section 26 .\n- (e) a decision about the use of security deposited by a prospecting permit holder towards rectification of damage caused by noncompliance with permit conditions;\n- (f) a decision to cancel a prospecting permit.","sortOrder":67},{"sectionNumber":"sec.39","sectionType":"section","heading":"How to start an appeal","content":"### sec.39 How to start an appeal\n\nAn appeal is started by filing a written notice of appeal with the chief executive.\nThe notice of appeal must be filed within 20 business days after the aggrieved person receives notice of the decision appealed against.\nFor other relevant provisions about filing documents, see section 386O .\nHowever, if—\nthe decision did not state the reasons for the decision; and\nthe person asked for a statement of reasons for the decision within the period mentioned in subsection (2) ;\nthe person may make the application within 20 business days after the person is given the statement of reasons.\nIn addition, the Land Court may extend the period for filing the notice of appeal.\nThe notice of appeal must state the grounds of appeal.\ns 39 ins 1995 No. 21 s 15\namd 1999 No. 7 s 87 sch 3 ; 2005 No. 8 s 2 sch ; 2007 No. 39 s 41 sch ; 2012 No. 20 s 281 sch 2 ; 2013 No. 10 s 193 sch 1\n(sec.39-ssec.1) An appeal is started by filing a written notice of appeal with the chief executive.\n(sec.39-ssec.2) The notice of appeal must be filed within 20 business days after the aggrieved person receives notice of the decision appealed against. For other relevant provisions about filing documents, see section 386O .\n(sec.39-ssec.3) However, if— the decision did not state the reasons for the decision; and the person asked for a statement of reasons for the decision within the period mentioned in subsection (2) ; the person may make the application within 20 business days after the person is given the statement of reasons.\n(sec.39-ssec.4) In addition, the Land Court may extend the period for filing the notice of appeal.\n(sec.39-ssec.5) The notice of appeal must state the grounds of appeal.\n- (a) the decision did not state the reasons for the decision; and\n- (b) the person asked for a statement of reasons for the decision within the period mentioned in subsection (2) ;","sortOrder":68},{"sectionNumber":"sec.40","sectionType":"section","heading":"Stay of operation of decisions","content":"### sec.40 Stay of operation of decisions\n\nThe Land Court may stay a decision appealed against to secure the effectiveness of the appeal.\nA stay—\nmay be given on conditions the Land Court considers appropriate; and\noperates for the period fixed by the Land Court; and\nmay be revoked or amended by the Land Court.\nThe period of a stay fixed by the Land Court must not extend past the time when the Land Court decides the appeal.\nA decision, or the carrying out of a decision, is affected by the starting of an appeal against the decision only if the decision is stayed.\ns 40 ins 1995 No. 21 s 15\namd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch\n(sec.40-ssec.1) The Land Court may stay a decision appealed against to secure the effectiveness of the appeal.\n(sec.40-ssec.2) A stay— may be given on conditions the Land Court considers appropriate; and operates for the period fixed by the Land Court; and may be revoked or amended by the Land Court.\n(sec.40-ssec.3) The period of a stay fixed by the Land Court must not extend past the time when the Land Court decides the appeal.\n(sec.40-ssec.4) A decision, or the carrying out of a decision, is affected by the starting of an appeal against the decision only if the decision is stayed.\n- (a) may be given on conditions the Land Court considers appropriate; and\n- (b) operates for the period fixed by the Land Court; and\n- (c) may be revoked or amended by the Land Court.","sortOrder":69},{"sectionNumber":"sec.41","sectionType":"section","heading":"Hearing procedures","content":"### sec.41 Hearing procedures\n\nIn deciding an appeal, the Land Court—\nis not bound by the rules of evidence; and\nmust observe natural justice.\nAn appeal is by way of rehearing.\ns 41 ins 1995 No. 21 s 15\namd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch\n(sec.41-ssec.1) In deciding an appeal, the Land Court— is not bound by the rules of evidence; and must observe natural justice.\n(sec.41-ssec.2) An appeal is by way of rehearing.\n- (a) is not bound by the rules of evidence; and\n- (b) must observe natural justice.","sortOrder":70},{"sectionNumber":"sec.42","sectionType":"section","heading":"Powers of Land Court on appeal","content":"### sec.42 Powers of Land Court on appeal\n\nIn deciding an appeal, the Land Court may—\nconfirm the decision appealed against; or\nset the decision aside and substitute another decision; or\nset aside the decision and return the issue to the chief executive with directions the Land Court considers appropriate.\nIn substituting another decision, the Land Court has the same powers as the chief executive.\nThe Land Court may decide that an unsuccessful applicant for a prospecting permit be granted the permit and impose conditions on it.\nIf the Land Court substitutes another decision, the substituted decision is taken to be the decision of the chief executive.\ns 42 ins 1995 No. 21 s 15\namd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch ; 2013 No. 10 s 193 sch 1\n(sec.42-ssec.1) In deciding an appeal, the Land Court may— confirm the decision appealed against; or set the decision aside and substitute another decision; or set aside the decision and return the issue to the chief executive with directions the Land Court considers appropriate.\n(sec.42-ssec.2) In substituting another decision, the Land Court has the same powers as the chief executive. The Land Court may decide that an unsuccessful applicant for a prospecting permit be granted the permit and impose conditions on it.\n(sec.42-ssec.3) If the Land Court substitutes another decision, the substituted decision is taken to be the decision of the chief executive.\n- (a) confirm the decision appealed against; or\n- (b) set the decision aside and substitute another decision; or\n- (c) set aside the decision and return the issue to the chief executive with directions the Land Court considers appropriate.","sortOrder":71},{"sectionNumber":"sec.43","sectionType":"section","heading":"Minerals taken become property of holder of prospecting permit","content":"### sec.43 Minerals taken become property of holder of prospecting permit\n\nAll minerals mined as a result of hand-mining activities lawfully carried on under the authority of a prospecting permit cease to be the property of the Crown or the person who had property therein and become the property of the holder of the prospecting permit subject however to the rights to royalty payments under this Act of the Crown or any other person.","sortOrder":72},{"sectionNumber":"sec.44","sectionType":"section","heading":"Royalties in respect of minerals taken under prospecting permit","content":"### sec.44 Royalties in respect of minerals taken under prospecting permit\n\nThe holder of a prospecting permit shall pay in respect of all minerals mined or purported to be mined under the authority of that prospecting permit, the royalty prescribed pursuant to chapter 11 .\ns 44 amd 2012 No. 20 s 323 sch 3","sortOrder":73},{"sectionNumber":"sec.45","sectionType":"section","heading":null,"content":"### Section sec.45\n\ns 45 om 2000 No. 64 s 70","sortOrder":74},{"sectionNumber":"sec.46","sectionType":"section","heading":"Producing prospecting permit","content":"### sec.46 Producing prospecting permit\n\nThis section applies if—\na person purports to enter or be on land under the authority of a prospecting permit; and\nthe owner of the land, or an agent of the owner, asks the person for proof of the person’s authority to enter or be on the land.\nThe person must produce the prospecting permit, or a copy of the permit, to the owner or agent.\nIf the person fails to comply with subsection (2) , the person does not have any entitlements under this Act during the period of the person’s noncompliance.\nIn this section—\ncopy , of a prospecting permit, includes an extract from the register of the details of the permit recorded in the register.\ns 46 amd 2013 No. 10 s 193 sch 1\nsub 2018 No. 24 s 75\n(sec.46-ssec.1) This section applies if— a person purports to enter or be on land under the authority of a prospecting permit; and the owner of the land, or an agent of the owner, asks the person for proof of the person’s authority to enter or be on the land.\n(sec.46-ssec.2) The person must produce the prospecting permit, or a copy of the permit, to the owner or agent.\n(sec.46-ssec.3) If the person fails to comply with subsection (2) , the person does not have any entitlements under this Act during the period of the person’s noncompliance.\n(sec.46-ssec.4) In this section— copy , of a prospecting permit, includes an extract from the register of the details of the permit recorded in the register.\n- (a) a person purports to enter or be on land under the authority of a prospecting permit; and\n- (b) the owner of the land, or an agent of the owner, asks the person for proof of the person’s authority to enter or be on the land.","sortOrder":75},{"sectionNumber":"sec.47","sectionType":"section","heading":"Staying on occupied land","content":"### sec.47 Staying on occupied land\n\nA person entitled to enter occupied land under a district prospecting permit must not enter land at night without the written consent of the land’s owner.\nMaximum penalty—10 penalty units.\nA person entitled to enter occupied land under a parcel prospecting permit must not enter the land at night without the written consent of the land’s owner or the chief executive.\nMaximum penalty—10 penalty units.\nIn the absence of evidence to the contrary, the consent of an owner who is a joint tenant or tenant in common is taken to be the consent of all the owners.\nIf the owner of land can not be easily contacted, a consent may be given for the land by the land’s occupier.\nThe owner does not live in Australia and there is no known current address for the owner.\nThe owner is travelling within Australia and there is no known current address for the owner.\nConsent under this section may be given on conditions.\nThe chief executive’s consent and any consent conditions must be recorded in the register.\nA person who enters occupied land at night with a consent under this section must comply with conditions imposed by the owner or occupier of the land or the chief executive.\nMaximum penalty—10 penalty units.\ns 47 sub 1995 No. 21 s 16\namd 2000 No. 64 s 71 ; 2013 No. 10 s 193 sch 1 ; 2018 No. 24 s 76\n(sec.47-ssec.1) A person entitled to enter occupied land under a district prospecting permit must not enter land at night without the written consent of the land’s owner. Maximum penalty—10 penalty units.\n(sec.47-ssec.2) A person entitled to enter occupied land under a parcel prospecting permit must not enter the land at night without the written consent of the land’s owner or the chief executive. Maximum penalty—10 penalty units.\n(sec.47-ssec.3) In the absence of evidence to the contrary, the consent of an owner who is a joint tenant or tenant in common is taken to be the consent of all the owners.\n(sec.47-ssec.4) If the owner of land can not be easily contacted, a consent may be given for the land by the land’s occupier. The owner does not live in Australia and there is no known current address for the owner. The owner is travelling within Australia and there is no known current address for the owner.\n(sec.47-ssec.5) Consent under this section may be given on conditions.\n(sec.47-ssec.6) The chief executive’s consent and any consent conditions must be recorded in the register.\n(sec.47-ssec.7) A person who enters occupied land at night with a consent under this section must comply with conditions imposed by the owner or occupier of the land or the chief executive. Maximum penalty—10 penalty units.\n- 1 The owner does not live in Australia and there is no known current address for the owner.\n- 2 The owner is travelling within Australia and there is no known current address for the owner.","sortOrder":76},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":77},{"sectionNumber":"sec.126","sectionType":"section","heading":null,"content":"### Section sec.126\n\ns 126 om 2020 No. 9 s 38","sortOrder":78},{"sectionNumber":"sec.127","sectionType":"section","heading":"Land subject to exploration permit","content":"### sec.127 Land subject to exploration permit\n\nAn exploration permit authorises entry to sub-blocks of land specified therein.\nSubject to subsection (3) , an exploration permit shall be granted in respect of specified sub-blocks of land each sub-block to have at least 1 side in common with another sub-block within the subject land.\nIf the Minister, on the information provided for the application for an exploration permit, is satisfied the proposed work program can be carried out using competent and efficient mineral exploration practices, an exploration permit may be granted for sub-blocks of land that do not have a common boundary.\nUnless otherwise approved by the Minister either generally or in a particular case, the area of land in respect of which an exploration permit may be granted shall not exceed the area prescribed in respect of the mineral or minerals concerned.\ns 127 amd 2008 No. 33 s 82 ; 2019 No. 17 s 246\n(sec.127-ssec.1) An exploration permit authorises entry to sub-blocks of land specified therein.\n(sec.127-ssec.2) Subject to subsection (3) , an exploration permit shall be granted in respect of specified sub-blocks of land each sub-block to have at least 1 side in common with another sub-block within the subject land.\n(sec.127-ssec.3) If the Minister, on the information provided for the application for an exploration permit, is satisfied the proposed work program can be carried out using competent and efficient mineral exploration practices, an exploration permit may be granted for sub-blocks of land that do not have a common boundary.\n(sec.127-ssec.4) Unless otherwise approved by the Minister either generally or in a particular case, the area of land in respect of which an exploration permit may be granted shall not exceed the area prescribed in respect of the mineral or minerals concerned.","sortOrder":79},{"sectionNumber":"sec.128","sectionType":"section","heading":"Only eligible persons to hold exploration permits","content":"### sec.128 Only eligible persons to hold exploration permits\n\nAn exploration permit shall not be held by a person who is not an eligible person.","sortOrder":80},{"sectionNumber":"sec.129","sectionType":"section","heading":"Entitlements under exploration permit","content":"### sec.129 Entitlements under exploration permit\n\nDuring the term of an exploration permit—\nthe holder of the exploration permit and any person who acts for the purpose of carrying out any activity authorised by the exploration permit, with or by such vehicles, vessels, machinery and equipment as may be necessary or expedient for the purpose of exploring for any mineral to which the exploration permit applies, may, in compliance with the Common Provisions Act , chapter 3 , enter any part of the area of the exploration permit for the purpose of—\nfacilitating that exploration; or\nplugging and abandoning, or otherwise remediating, a legacy borehole and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation; and\nthe holder of the permit may, subject to compliance with this Act, have considered for grant, in priority to all other persons, an application for the grant of a mining claim, mineral development licence or mining lease for all or part of the area of the permit; and\nthe holder of the permit may enter the area of the permit for either or both of the following purposes—\ndoing all acts necessary to comply with this Act for an application mentioned in paragraph (b) ;\nif the application or EIS relates to an application mentioned in paragraph (b) , doing all acts necessary to comply with—\nan application for an environmental authority under the Environmental Protection Act ; or\nthat Act for an EIS; or\nthe State Development and Public Works Organisation Act 1971 for an EIS.\nThe holder of the permit wishes to apply for the grant of a mining lease for the area of the permit. The holder also wishes to apply for an environmental authority for a mining activity that relates to the mining lease under the Environmental Protection Act . The holder may enter the area to carry out an environmental assessment for the environmental authority application under the Environmental Protection Act , section 125 (1) (l) .\nThe holder of an exploration permit, and each person who enters or is upon land under the authority of that exploration permit, shall comply with the terms and conditions upon which any consent required to be given under this Act in respect thereof was given by the owner of that land.\nFor the purpose of exercising his or her entitlements under this part a person who enters or is upon land under the authority of an exploration permit may stay at night thereon and for that purpose may set up temporary accommodation thereon.\nDuring the term of an exploration permit, the rights of the holder of the permit relate, and are taken to have always related, to the whole of the area of the permit.\ns 129 amd 1990 No. 30 s 12 ; 1995 No. 21 ss 37 , 3 sch ; 2000 No. 64 s 96 ; 2012 No. 20 ss 169 , 125 sch 1 ; 2013 No. 10 s 108 ; 2014 No. 47 s 399 ; 2014 No. 47 ss 374 , 421\n(sec.129-ssec.1) During the term of an exploration permit— the holder of the exploration permit and any person who acts for the purpose of carrying out any activity authorised by the exploration permit, with or by such vehicles, vessels, machinery and equipment as may be necessary or expedient for the purpose of exploring for any mineral to which the exploration permit applies, may, in compliance with the Common Provisions Act , chapter 3 , enter any part of the area of the exploration permit for the purpose of— facilitating that exploration; or plugging and abandoning, or otherwise remediating, a legacy borehole and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation; and the holder of the permit may, subject to compliance with this Act, have considered for grant, in priority to all other persons, an application for the grant of a mining claim, mineral development licence or mining lease for all or part of the area of the permit; and the holder of the permit may enter the area of the permit for either or both of the following purposes— doing all acts necessary to comply with this Act for an application mentioned in paragraph (b) ; if the application or EIS relates to an application mentioned in paragraph (b) , doing all acts necessary to comply with— an application for an environmental authority under the Environmental Protection Act ; or that Act for an EIS; or the State Development and Public Works Organisation Act 1971 for an EIS. The holder of the permit wishes to apply for the grant of a mining lease for the area of the permit. The holder also wishes to apply for an environmental authority for a mining activity that relates to the mining lease under the Environmental Protection Act . The holder may enter the area to carry out an environmental assessment for the environmental authority application under the Environmental Protection Act , section 125 (1) (l) .\n(sec.129-ssec.7) The holder of an exploration permit, and each person who enters or is upon land under the authority of that exploration permit, shall comply with the terms and conditions upon which any consent required to be given under this Act in respect thereof was given by the owner of that land.\n(sec.129-ssec.15) For the purpose of exercising his or her entitlements under this part a person who enters or is upon land under the authority of an exploration permit may stay at night thereon and for that purpose may set up temporary accommodation thereon.\n(sec.129-ssec.16) During the term of an exploration permit, the rights of the holder of the permit relate, and are taken to have always related, to the whole of the area of the permit.\n- (a) the holder of the exploration permit and any person who acts for the purpose of carrying out any activity authorised by the exploration permit, with or by such vehicles, vessels, machinery and equipment as may be necessary or expedient for the purpose of exploring for any mineral to which the exploration permit applies, may, in compliance with the Common Provisions Act , chapter 3 , enter any part of the area of the exploration permit for the purpose of— (i) facilitating that exploration; or (ii) plugging and abandoning, or otherwise remediating, a legacy borehole and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation; and\n- (i) facilitating that exploration; or\n- (ii) plugging and abandoning, or otherwise remediating, a legacy borehole and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation; and\n- (b) the holder of the permit may, subject to compliance with this Act, have considered for grant, in priority to all other persons, an application for the grant of a mining claim, mineral development licence or mining lease for all or part of the area of the permit; and\n- (c) the holder of the permit may enter the area of the permit for either or both of the following purposes— (i) doing all acts necessary to comply with this Act for an application mentioned in paragraph (b) ; (ii) if the application or EIS relates to an application mentioned in paragraph (b) , doing all acts necessary to comply with— (A) an application for an environmental authority under the Environmental Protection Act ; or (B) that Act for an EIS; or (C) the State Development and Public Works Organisation Act 1971 for an EIS. Example for paragraph (c) (ii) — The holder of the permit wishes to apply for the grant of a mining lease for the area of the permit. The holder also wishes to apply for an environmental authority for a mining activity that relates to the mining lease under the Environmental Protection Act . The holder may enter the area to carry out an environmental assessment for the environmental authority application under the Environmental Protection Act , section 125 (1) (l) .\n- (i) doing all acts necessary to comply with this Act for an application mentioned in paragraph (b) ;\n- (ii) if the application or EIS relates to an application mentioned in paragraph (b) , doing all acts necessary to comply with— (A) an application for an environmental authority under the Environmental Protection Act ; or (B) that Act for an EIS; or (C) the State Development and Public Works Organisation Act 1971 for an EIS. Example for paragraph (c) (ii) — The holder of the permit wishes to apply for the grant of a mining lease for the area of the permit. The holder also wishes to apply for an environmental authority for a mining activity that relates to the mining lease under the Environmental Protection Act . The holder may enter the area to carry out an environmental assessment for the environmental authority application under the Environmental Protection Act , section 125 (1) (l) .\n- (A) an application for an environmental authority under the Environmental Protection Act ; or\n- (B) that Act for an EIS; or\n- (C) the State Development and Public Works Organisation Act 1971 for an EIS.\n- (i) facilitating that exploration; or\n- (ii) plugging and abandoning, or otherwise remediating, a legacy borehole and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation; and\n- (i) doing all acts necessary to comply with this Act for an application mentioned in paragraph (b) ;\n- (ii) if the application or EIS relates to an application mentioned in paragraph (b) , doing all acts necessary to comply with— (A) an application for an environmental authority under the Environmental Protection Act ; or (B) that Act for an EIS; or (C) the State Development and Public Works Organisation Act 1971 for an EIS. Example for paragraph (c) (ii) — The holder of the permit wishes to apply for the grant of a mining lease for the area of the permit. The holder also wishes to apply for an environmental authority for a mining activity that relates to the mining lease under the Environmental Protection Act . The holder may enter the area to carry out an environmental assessment for the environmental authority application under the Environmental Protection Act , section 125 (1) (l) .\n- (A) an application for an environmental authority under the Environmental Protection Act ; or\n- (B) that Act for an EIS; or\n- (C) the State Development and Public Works Organisation Act 1971 for an EIS.\n- (A) an application for an environmental authority under the Environmental Protection Act ; or\n- (B) that Act for an EIS; or\n- (C) the State Development and Public Works Organisation Act 1971 for an EIS.","sortOrder":81},{"sectionNumber":"sec.130","sectionType":"section","heading":"Exploration permit to specify minerals sought","content":"### sec.130 Exploration permit to specify minerals sought\n\nExcept where subsection (2) is applied, an exploration permit shall be granted in respect of—\nall minerals other than coal; or\ncoal.\nIf, in the exceptional circumstances of a particular case, the Minister considers good reason exists therefor, an exploration permit may be granted in respect of the mineral or minerals specified therein.\nMinerals may be specified by indicating other minerals to which the exploration permit does not apply.\n(sec.130-ssec.1) Except where subsection (2) is applied, an exploration permit shall be granted in respect of— all minerals other than coal; or coal.\n(sec.130-ssec.2) If, in the exceptional circumstances of a particular case, the Minister considers good reason exists therefor, an exploration permit may be granted in respect of the mineral or minerals specified therein.\n(sec.130-ssec.3) Minerals may be specified by indicating other minerals to which the exploration permit does not apply.\n- (a) all minerals other than coal; or\n- (b) coal.","sortOrder":82},{"sectionNumber":"sec.130AA","sectionType":"section","heading":"Types of work program for term of exploration permit","content":"### sec.130AA Types of work program for term of exploration permit\n\nA work program for a term of an exploration permit is—\na work program (activities-based); or\na work program (outcomes-based).\nA work program (activities-based) for a term of an exploration permit is a document stating—\nthe activities proposed to be carried out during the term; and\nthe estimated human, technical and financial resources proposed to be committed to exploration during the term.\nA work program (outcomes-based) for a term of an exploration permit is a document stating—\nthe outcomes proposed to be pursued during the term; and\nthe strategy for pursuing the outcomes mentioned in paragraph (a) ; and\nthe information and data proposed to be collected as an indication of mineralisation during the term; and\nthe estimated human, technical and financial resources proposed to be committed to exploration during the term.\ns 130AA ins 2019 No. 17 s 247\n(sec.130AA-ssec.1) A work program for a term of an exploration permit is— a work program (activities-based); or a work program (outcomes-based).\n(sec.130AA-ssec.2) A work program (activities-based) for a term of an exploration permit is a document stating— the activities proposed to be carried out during the term; and the estimated human, technical and financial resources proposed to be committed to exploration during the term.\n(sec.130AA-ssec.3) A work program (outcomes-based) for a term of an exploration permit is a document stating— the outcomes proposed to be pursued during the term; and the strategy for pursuing the outcomes mentioned in paragraph (a) ; and the information and data proposed to be collected as an indication of mineralisation during the term; and the estimated human, technical and financial resources proposed to be committed to exploration during the term.\n- (a) a work program (activities-based); or\n- (b) a work program (outcomes-based).\n- (a) the activities proposed to be carried out during the term; and\n- (b) the estimated human, technical and financial resources proposed to be committed to exploration during the term.\n- (a) the outcomes proposed to be pursued during the term; and\n- (b) the strategy for pursuing the outcomes mentioned in paragraph (a) ; and\n- (c) the information and data proposed to be collected as an indication of mineralisation during the term; and\n- (d) the estimated human, technical and financial resources proposed to be committed to exploration during the term.","sortOrder":83},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Obtaining exploration permit for a mineral other than coal","content":"# Obtaining exploration permit for a mineral other than coal","sortOrder":84},{"sectionNumber":"sec.130A","sectionType":"section","heading":"Application of pt 2","content":"### sec.130A Application of pt 2\n\nThis part applies to exploration permits for a mineral other than coal.\ns 130A ins 2013 No. 10 s 48\namd 2012 No. 20 s 323 sch 3 (amd 2013 No. 10 s 159 (2) )","sortOrder":85},{"sectionNumber":"sec.131","sectionType":"section","heading":"Who may apply","content":"### sec.131 Who may apply\n\nAn eligible person may apply for an exploration permit (the proposed permit ) other than for a sub-block—\nover which a current exploration permit authorises exploration for a mineral for which the proposed permit is sought; or\nthat has been the subject of an exploration permit (the earlier permit ) authorising the exploration for a mineral for which the proposed permit is sought if less than 2 months has passed since the end of the month in which the sub-block ceased to be in—\nthe earlier permit’s area; or\nif the earlier permit has ended—the former earlier permit’s area; or\nthat is or has been the subject of an earlier exploration permit application if the earlier application was for a mineral for which the proposed permit is sought and—\nthe earlier application has not been decided; or\nif the earlier application has been refused or abandoned—less than 2 months has passed since the end of the month in which the earlier application was refused or abandoned.\nHowever, an application can not be made for an exploration permit for a sub-block the subject of a call for EP (non-coal) tenders.\nSee section 136A in relation to calls for EP (non-coal) tenders.\nAlso, an application can not be made for an exploration permit for a relevant sub-block during the period stated in a gazette notice published under subsection (6) in relation to the sub-block.\nDespite subsection (1) (a) , an eligible person may apply for a proposed permit for a sub-block in the area of a current exploration permit if—\nthe person is the holder of the current exploration permit; and\nthe person purports to surrender the current exploration permit under section 161 (1) and the application for the proposed permit relates to land including the sub-block.\nDespite subsection (1) (b) , an eligible person may apply for a proposed permit for a sub-block over which the person held an exploration permit the person had surrendered to be granted a further exploration permit for the sub-block.\nThe Minister may publish a gazette notice stating that the making of an application for an exploration permit for a particular relevant sub-block is postponed for a stated period.\nHowever, the Minister may publish the gazette notice only if satisfied the postponement is in the best interests of the State.\nThe stated period must not start before the day the gazette notice is published.\nIn this section—\nrelevant sub-block means a sub-block that has been the subject of an exploration permit or an application for an exploration permit.\ns 131 amd 1997 No. 14 s 6\nsub 2012 No. 20 s 170\namd 2013 No. 10 s 49 ; 2024 No. 33 s 134\n(sec.131-ssec.1) An eligible person may apply for an exploration permit (the proposed permit ) other than for a sub-block— over which a current exploration permit authorises exploration for a mineral for which the proposed permit is sought; or that has been the subject of an exploration permit (the earlier permit ) authorising the exploration for a mineral for which the proposed permit is sought if less than 2 months has passed since the end of the month in which the sub-block ceased to be in— the earlier permit’s area; or if the earlier permit has ended—the former earlier permit’s area; or that is or has been the subject of an earlier exploration permit application if the earlier application was for a mineral for which the proposed permit is sought and— the earlier application has not been decided; or if the earlier application has been refused or abandoned—less than 2 months has passed since the end of the month in which the earlier application was refused or abandoned.\n(sec.131-ssec.2) However, an application can not be made for an exploration permit for a sub-block the subject of a call for EP (non-coal) tenders. See section 136A in relation to calls for EP (non-coal) tenders.\n(sec.131-ssec.3) Also, an application can not be made for an exploration permit for a relevant sub-block during the period stated in a gazette notice published under subsection (6) in relation to the sub-block.\n(sec.131-ssec.4) Despite subsection (1) (a) , an eligible person may apply for a proposed permit for a sub-block in the area of a current exploration permit if— the person is the holder of the current exploration permit; and the person purports to surrender the current exploration permit under section 161 (1) and the application for the proposed permit relates to land including the sub-block.\n(sec.131-ssec.5) Despite subsection (1) (b) , an eligible person may apply for a proposed permit for a sub-block over which the person held an exploration permit the person had surrendered to be granted a further exploration permit for the sub-block.\n(sec.131-ssec.6) The Minister may publish a gazette notice stating that the making of an application for an exploration permit for a particular relevant sub-block is postponed for a stated period.\n(sec.131-ssec.7) However, the Minister may publish the gazette notice only if satisfied the postponement is in the best interests of the State.\n(sec.131-ssec.8) The stated period must not start before the day the gazette notice is published.\n(sec.131-ssec.9) In this section— relevant sub-block means a sub-block that has been the subject of an exploration permit or an application for an exploration permit.\n- (a) over which a current exploration permit authorises exploration for a mineral for which the proposed permit is sought; or\n- (b) that has been the subject of an exploration permit (the earlier permit ) authorising the exploration for a mineral for which the proposed permit is sought if less than 2 months has passed since the end of the month in which the sub-block ceased to be in— (i) the earlier permit’s area; or (ii) if the earlier permit has ended—the former earlier permit’s area; or\n- (i) the earlier permit’s area; or\n- (ii) if the earlier permit has ended—the former earlier permit’s area; or\n- (c) that is or has been the subject of an earlier exploration permit application if the earlier application was for a mineral for which the proposed permit is sought and— (i) the earlier application has not been decided; or (ii) if the earlier application has been refused or abandoned—less than 2 months has passed since the end of the month in which the earlier application was refused or abandoned.\n- (i) the earlier application has not been decided; or\n- (ii) if the earlier application has been refused or abandoned—less than 2 months has passed since the end of the month in which the earlier application was refused or abandoned.\n- (i) the earlier permit’s area; or\n- (ii) if the earlier permit has ended—the former earlier permit’s area; or\n- (i) the earlier application has not been decided; or\n- (ii) if the earlier application has been refused or abandoned—less than 2 months has passed since the end of the month in which the earlier application was refused or abandoned.\n- (a) the person is the holder of the current exploration permit; and\n- (b) the person purports to surrender the current exploration permit under section 161 (1) and the application for the proposed permit relates to land including the sub-block.","sortOrder":86},{"sectionNumber":"sec.132","sectionType":"section","heading":"Exclusion of land from area of exploration permit if subject to other authority under Act","content":"### sec.132 Exclusion of land from area of exploration permit if subject to other authority under Act\n\nWhere, at the time the lodgement of an application for the grant of an exploration permit is accepted, land is the subject of—\na mining claim, mineral development licence or mining lease; or\nan application for a mining claim, mineral development licence or mining lease; or\na call for mining lease tenders;\nthat land and the surface of that land shall be taken to be excluded from the land specified in the exploration permit—\nin the case of a mining claim, mineral development licence or mining lease referred to in paragraph (a) —for so long as the land remains subject thereto; and\nin the case of an application referred to in paragraph (b) —\nfor so long as the application is not rejected or abandoned; and\nif a mining claim, mineral development licence or mining lease is granted, for so long as the land remains subject thereto; and\nin the case of a call for mining lease tenders referred to in paragraph (c) —until any of the following happens—\nthe call for mining lease tenders is terminated;\nan application for a mining lease for the land made by the preferred tenderer for the call is rejected or abandoned;\nif a mining lease is granted to the preferred tenderer for the call—the land stops being subject to the mining lease;\nexcept where the Minister, in exceptional circumstances in the Minister’s absolute discretion otherwise determines.\nUpon—\nthe termination of a mining claim or mining lease granted; or\nthe rejection or abandonment of an application for—\na mining claim; or\na mineral development licence; or\na mining lease; or\nthe termination of a call for mining lease tenders;\nin respect of land within the external boundaries of the area of an exploration permit that land shall become part of the area of the exploration permit except—\nto the extent that the land is the subject of a current mining claim, mineral development licence or mining lease or application for a mining claim, mineral development licence or mining lease; or\nin the case of a rejection or abandonment of an application for a mineral development licence where the applicant is not the holder of the exploration permit; or\nwhere the exploration permit provides otherwise.\ns 132 amd 1999 No. 35 s 24 ; 2012 No. 20 s 125 sch 1 ; 2014 No. 47 s 469 ; 2020 No. 14 s 110\n(sec.132-ssec.1) Where, at the time the lodgement of an application for the grant of an exploration permit is accepted, land is the subject of— a mining claim, mineral development licence or mining lease; or an application for a mining claim, mineral development licence or mining lease; or a call for mining lease tenders; that land and the surface of that land shall be taken to be excluded from the land specified in the exploration permit— in the case of a mining claim, mineral development licence or mining lease referred to in paragraph (a) —for so long as the land remains subject thereto; and in the case of an application referred to in paragraph (b) — for so long as the application is not rejected or abandoned; and if a mining claim, mineral development licence or mining lease is granted, for so long as the land remains subject thereto; and in the case of a call for mining lease tenders referred to in paragraph (c) —until any of the following happens— the call for mining lease tenders is terminated; an application for a mining lease for the land made by the preferred tenderer for the call is rejected or abandoned; if a mining lease is granted to the preferred tenderer for the call—the land stops being subject to the mining lease; except where the Minister, in exceptional circumstances in the Minister’s absolute discretion otherwise determines.\n(sec.132-ssec.2) Upon— the termination of a mining claim or mining lease granted; or the rejection or abandonment of an application for— a mining claim; or a mineral development licence; or a mining lease; or the termination of a call for mining lease tenders; in respect of land within the external boundaries of the area of an exploration permit that land shall become part of the area of the exploration permit except— to the extent that the land is the subject of a current mining claim, mineral development licence or mining lease or application for a mining claim, mineral development licence or mining lease; or in the case of a rejection or abandonment of an application for a mineral development licence where the applicant is not the holder of the exploration permit; or where the exploration permit provides otherwise.\n- (a) a mining claim, mineral development licence or mining lease; or\n- (b) an application for a mining claim, mineral development licence or mining lease; or\n- (c) a call for mining lease tenders;\n- (d) in the case of a mining claim, mineral development licence or mining lease referred to in paragraph (a) —for so long as the land remains subject thereto; and\n- (e) in the case of an application referred to in paragraph (b) — (i) for so long as the application is not rejected or abandoned; and (ii) if a mining claim, mineral development licence or mining lease is granted, for so long as the land remains subject thereto; and\n- (i) for so long as the application is not rejected or abandoned; and\n- (ii) if a mining claim, mineral development licence or mining lease is granted, for so long as the land remains subject thereto; and\n- (f) in the case of a call for mining lease tenders referred to in paragraph (c) —until any of the following happens— (i) the call for mining lease tenders is terminated; (ii) an application for a mining lease for the land made by the preferred tenderer for the call is rejected or abandoned; (iii) if a mining lease is granted to the preferred tenderer for the call—the land stops being subject to the mining lease;\n- (i) the call for mining lease tenders is terminated;\n- (ii) an application for a mining lease for the land made by the preferred tenderer for the call is rejected or abandoned;\n- (iii) if a mining lease is granted to the preferred tenderer for the call—the land stops being subject to the mining lease;\n- (i) for so long as the application is not rejected or abandoned; and\n- (ii) if a mining claim, mineral development licence or mining lease is granted, for so long as the land remains subject thereto; and\n- (i) the call for mining lease tenders is terminated;\n- (ii) an application for a mining lease for the land made by the preferred tenderer for the call is rejected or abandoned;\n- (iii) if a mining lease is granted to the preferred tenderer for the call—the land stops being subject to the mining lease;\n- (a) the termination of a mining claim or mining lease granted; or\n- (b) the rejection or abandonment of an application for— (i) a mining claim; or (ii) a mineral development licence; or (iii) a mining lease; or\n- (i) a mining claim; or\n- (ii) a mineral development licence; or\n- (iii) a mining lease; or\n- (c) the termination of a call for mining lease tenders;\n- (i) a mining claim; or\n- (ii) a mineral development licence; or\n- (iii) a mining lease; or\n- (d) to the extent that the land is the subject of a current mining claim, mineral development licence or mining lease or application for a mining claim, mineral development licence or mining lease; or\n- (e) in the case of a rejection or abandonment of an application for a mineral development licence where the applicant is not the holder of the exploration permit; or\n- (f) where the exploration permit provides otherwise.","sortOrder":87},{"sectionNumber":"sec.133","sectionType":"section","heading":"Application for exploration permit","content":"### sec.133 Application for exploration permit\n\nAn application for an exploration permit may be made by an eligible person and shall—\nbe in the approved form; and\nspecify the name of each applicant; and\nspecify the name and address for service of 1 person upon whom any notice may be served on behalf of the applicant or the applicants; and\ndefine the boundary of the area of the proposed exploration permit; and\nSection 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.\nspecify the mineral or minerals in respect of which the exploration permit is sought; and\nbe accompanied by—\nif any of the area of the proposed exploration permit has been the subject of an earlier permit mentioned in section 131 (1) (b) or an earlier exploration permit application mentioned in section 131 (1) (c) —a proposed work program (activities-based) for the term of the permit, if granted; or\notherwise—a proposed work program for the term of the permit, if granted; and\nbe accompanied by a statement detailing exploration data captured by the applicant prior to the application in relation to the land the subject of the application; and\nbe accompanied by—\na statement detailing the applicant’s financial and technical resources; and\nif the application relates to land that includes sub-blocks of land that do not have a common boundary—a statement detailing how the work proposed can be carried out using competent and efficient mineral exploration practices; and\nif the application relates to an area of land that exceeds the area prescribed for the mineral or minerals—a statement about why the applicant requires more than the prescribed area of land; and\nproof of the applicant’s identity; and\nthe application fee prescribed under a regulation.\ns 133 amd 1995 No. 21 ss 38 , 3 sch ; 2000 No. 64 s 97 ; 2005 No. 8 s 11 ; 2007 No. 46 s 66 ; 2008 No. 33 s 83 ; 2012 No. 20 s 281 sch 2 ; 2014 No. 47 s 421A (amd 2016 No. 30 s 85 ), s 480 ; 2019 No. 17 s 248\n- (a) be in the approved form; and\n- (b) specify the name of each applicant; and\n- (c) specify the name and address for service of 1 person upon whom any notice may be served on behalf of the applicant or the applicants; and\n- (d) define the boundary of the area of the proposed exploration permit; and Note— Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.\n- (e) specify the mineral or minerals in respect of which the exploration permit is sought; and\n- (f) be accompanied by— (i) if any of the area of the proposed exploration permit has been the subject of an earlier permit mentioned in section 131 (1) (b) or an earlier exploration permit application mentioned in section 131 (1) (c) —a proposed work program (activities-based) for the term of the permit, if granted; or (ii) otherwise—a proposed work program for the term of the permit, if granted; and\n- (i) if any of the area of the proposed exploration permit has been the subject of an earlier permit mentioned in section 131 (1) (b) or an earlier exploration permit application mentioned in section 131 (1) (c) —a proposed work program (activities-based) for the term of the permit, if granted; or\n- (ii) otherwise—a proposed work program for the term of the permit, if granted; and\n- (g) be accompanied by a statement detailing exploration data captured by the applicant prior to the application in relation to the land the subject of the application; and\n- (h) be accompanied by— (i) a statement detailing the applicant’s financial and technical resources; and (ii) if the application relates to land that includes sub-blocks of land that do not have a common boundary—a statement detailing how the work proposed can be carried out using competent and efficient mineral exploration practices; and (iii) if the application relates to an area of land that exceeds the area prescribed for the mineral or minerals—a statement about why the applicant requires more than the prescribed area of land; and (iv) proof of the applicant’s identity; and (v) the application fee prescribed under a regulation.\n- (i) a statement detailing the applicant’s financial and technical resources; and\n- (ii) if the application relates to land that includes sub-blocks of land that do not have a common boundary—a statement detailing how the work proposed can be carried out using competent and efficient mineral exploration practices; and\n- (iii) if the application relates to an area of land that exceeds the area prescribed for the mineral or minerals—a statement about why the applicant requires more than the prescribed area of land; and\n- (iv) proof of the applicant’s identity; and\n- (v) the application fee prescribed under a regulation.\n- (i) if any of the area of the proposed exploration permit has been the subject of an earlier permit mentioned in section 131 (1) (b) or an earlier exploration permit application mentioned in section 131 (1) (c) —a proposed work program (activities-based) for the term of the permit, if granted; or\n- (ii) otherwise—a proposed work program for the term of the permit, if granted; and\n- (i) a statement detailing the applicant’s financial and technical resources; and\n- (ii) if the application relates to land that includes sub-blocks of land that do not have a common boundary—a statement detailing how the work proposed can be carried out using competent and efficient mineral exploration practices; and\n- (iii) if the application relates to an area of land that exceeds the area prescribed for the mineral or minerals—a statement about why the applicant requires more than the prescribed area of land; and\n- (iv) proof of the applicant’s identity; and\n- (v) the application fee prescribed under a regulation.","sortOrder":88},{"sectionNumber":"sec.133A","sectionType":"section","heading":"Rejection of application if applicant disqualified","content":"### sec.133A Rejection of application if applicant disqualified\n\nThe Minister must reject an application for an exploration permit if the Minister decides the applicant is disqualified under the Common Provisions Act , chapter 7 from being granted the permit.\nOn rejection of the application, the Minister must give the applicant a notice about the decision.\ns 133A prev s 133A ins 2008 No. 33 s 84\namd 2008 No. 56 s 31\nom 2012 No. 20 s 171\npres s 133A ins 2020 No. 14 s 111\n(sec.133A-ssec.1) The Minister must reject an application for an exploration permit if the Minister decides the applicant is disqualified under the Common Provisions Act , chapter 7 from being granted the permit.\n(sec.133A-ssec.2) On rejection of the application, the Minister must give the applicant a notice about the decision.","sortOrder":89},{"sectionNumber":"sec.134","sectionType":"section","heading":"Application to be numbered","content":"### sec.134 Application to be numbered\n\nAn application for an exploration permit shall be numbered as prescribed which number, if the exploration permit is granted, shall become the number of that permit.","sortOrder":90},{"sectionNumber":"sec.134A","sectionType":"section","heading":"Priority of applications for grant of exploration permit","content":"### sec.134A Priority of applications for grant of exploration permit\n\nApplications for the grant of exploration permits in respect of the same mineral, duly made in respect of or including the same land take priority, for the purpose of considering and deciding the applications, according to the day on which they are lodged under this Act.\nIf applications are lodged on the same day, they take the priority the Minister decides, after considering the relative merits of each application.\nIf an application is lodged by mail, courier service or similar means, it is taken to be lodged on the day the application is received at a place that the application may be lodged under section 386O .\nSubsection (5) applies if 1 or more applications mentioned in subsection (2) were accompanied by a proposed work program (outcomes-based) for the term of the permit, if granted.\nBefore deciding the priority of the applications under subsection (2) , the Minister may, by written notice given to the applicant, require the applicant to give the Minister, within the reasonable period stated in the notice, a proposed work program (activities-based) for the term of the permit, if granted.\ns 134A ins 1997 No. 14 s 7\namd 2005 No. 8 s 2 sch ; 2012 No. 20 s 281 sch 2 ; 2019 No. 17 s 249\n(sec.134A-ssec.1) Applications for the grant of exploration permits in respect of the same mineral, duly made in respect of or including the same land take priority, for the purpose of considering and deciding the applications, according to the day on which they are lodged under this Act.\n(sec.134A-ssec.2) If applications are lodged on the same day, they take the priority the Minister decides, after considering the relative merits of each application.\n(sec.134A-ssec.3) If an application is lodged by mail, courier service or similar means, it is taken to be lodged on the day the application is received at a place that the application may be lodged under section 386O .\n(sec.134A-ssec.4) Subsection (5) applies if 1 or more applications mentioned in subsection (2) were accompanied by a proposed work program (outcomes-based) for the term of the permit, if granted.\n(sec.134A-ssec.5) Before deciding the priority of the applications under subsection (2) , the Minister may, by written notice given to the applicant, require the applicant to give the Minister, within the reasonable period stated in the notice, a proposed work program (activities-based) for the term of the permit, if granted.","sortOrder":91},{"sectionNumber":"sec.135","sectionType":"section","heading":"Abandonment of application for exploration permit","content":"### sec.135 Abandonment of application for exploration permit\n\nThe applicant for an exploration permit may, at any time before the grant of the exploration permit, by notice in writing to the chief executive abandon the application in relation to all or part of the land to which it relates.\nThe abandonment of an application for the grant of an exploration permit shall take effect on the day next following its receipt by the chief executive.\nIf the application is abandoned in relation to part only of the land to which it relates, the application must be amended to define the boundary of the area of the proposed exploration permit for which the application is to remain in force.\nSection 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.\ns 135 prev s 135 amd 2002 No. 62 s 4\nom 2012 No. 20 s 172\npres s 135 (prev s 159) amd 2000 No. 64 s 106 ; 2005 No. 8 s 19 ; 2012 No. 20 s 281 sch 2\nreloc and renum 2013 No. 10 s 55\namd 2014 No. 47 s 421B (amd 2016 No. 30 s 85 ); 2019 No. 17 s 220\n(sec.135-ssec.1) The applicant for an exploration permit may, at any time before the grant of the exploration permit, by notice in writing to the chief executive abandon the application in relation to all or part of the land to which it relates.\n(sec.135-ssec.2) The abandonment of an application for the grant of an exploration permit shall take effect on the day next following its receipt by the chief executive.\n(sec.135-ssec.3) If the application is abandoned in relation to part only of the land to which it relates, the application must be amended to define the boundary of the area of the proposed exploration permit for which the application is to remain in force. Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.","sortOrder":92},{"sectionNumber":"sec.136","sectionType":"section","heading":"Grant of exploration permit on application","content":"### sec.136 Grant of exploration permit on application\n\nThe Minister may, for an application for an exploration permit under this part—\ngrant an exploration permit, with or without conditions; or\nrefuse the application.\nHowever, the Minister must not grant an exploration permit unless the Minister is satisfied the prescribed criteria for the grant of the permit are met.\nAlso, subject to subsection (4) , the Minister must not grant an exploration permit for land if all or any part of the land is—\nin a fossicking area; or\nsubject to an exploration permit for the same mineral.\nSubsection (3) (a) does not apply if the application for the exploration permit was made, but not decided, before the land became a fossicking area.\ns 136 prev om 2008 No. 33 s 85\npres ins 2013 No. 10 s 50\namd 2012 No. 20 s 323 sch 3 (amd 2013 No. 10 s 159 (2) ); 2019 No. 17 s 221\n(sec.136-ssec.1) The Minister may, for an application for an exploration permit under this part— grant an exploration permit, with or without conditions; or refuse the application.\n(sec.136-ssec.2) However, the Minister must not grant an exploration permit unless the Minister is satisfied the prescribed criteria for the grant of the permit are met.\n(sec.136-ssec.3) Also, subject to subsection (4) , the Minister must not grant an exploration permit for land if all or any part of the land is— in a fossicking area; or subject to an exploration permit for the same mineral.\n(sec.136-ssec.4) Subsection (3) (a) does not apply if the application for the exploration permit was made, but not decided, before the land became a fossicking area.\n- (a) grant an exploration permit, with or without conditions; or\n- (b) refuse the application.\n- (a) in a fossicking area; or\n- (b) subject to an exploration permit for the same mineral.","sortOrder":93},{"sectionNumber":"sec.136A","sectionType":"section","heading":"Obtaining exploration permit by competitive tender","content":"### sec.136A Obtaining exploration permit by competitive tender\n\nThis section applies if the Minister considers it is in the best interests of the State for an exploration permit for a mineral other than coal to be granted for 1 or more sub-blocks by competitive tender.\nThe Minister may publish a gazette notice (a call for EP (non-coal) tenders ) inviting tenders for the exploration permit.\nPart 3 , divisions 2 and 3 apply for the call for EP (non-coal) tenders—\nas if—\na reference to a call for EP (coal) tenders were a reference to a call for EP (non-coal) tenders; and\na reference to an exploration permit for coal were a reference to an exploration permit for a mineral other than coal for the sub-blocks the subject of the call; and\nwith any other necessary changes.\nThe Minister must not act under subsection (2) for a sub-block that is—\nin a fossicking area; or\nthe subject of an application for an exploration permit for the same mineral; or\nthe subject of a call for mining lease tenders.\ns 136A ins 2013 No. 10 s 50\namd 2012 No. 20 s 323 sch 3 (amd 2013 No. 10 s 159 (2) ); 2020 No. 14 s 112\n(sec.136A-ssec.1) This section applies if the Minister considers it is in the best interests of the State for an exploration permit for a mineral other than coal to be granted for 1 or more sub-blocks by competitive tender.\n(sec.136A-ssec.2) The Minister may publish a gazette notice (a call for EP (non-coal) tenders ) inviting tenders for the exploration permit.\n(sec.136A-ssec.3) Part 3 , divisions 2 and 3 apply for the call for EP (non-coal) tenders— as if— a reference to a call for EP (coal) tenders were a reference to a call for EP (non-coal) tenders; and a reference to an exploration permit for coal were a reference to an exploration permit for a mineral other than coal for the sub-blocks the subject of the call; and with any other necessary changes.\n(sec.136A-ssec.4) The Minister must not act under subsection (2) for a sub-block that is— in a fossicking area; or the subject of an application for an exploration permit for the same mineral; or the subject of a call for mining lease tenders.\n- (a) as if— (i) a reference to a call for EP (coal) tenders were a reference to a call for EP (non-coal) tenders; and (ii) a reference to an exploration permit for coal were a reference to an exploration permit for a mineral other than coal for the sub-blocks the subject of the call; and\n- (i) a reference to a call for EP (coal) tenders were a reference to a call for EP (non-coal) tenders; and\n- (ii) a reference to an exploration permit for coal were a reference to an exploration permit for a mineral other than coal for the sub-blocks the subject of the call; and\n- (b) with any other necessary changes.\n- (i) a reference to a call for EP (coal) tenders were a reference to a call for EP (non-coal) tenders; and\n- (ii) a reference to an exploration permit for coal were a reference to an exploration permit for a mineral other than coal for the sub-blocks the subject of the call; and\n- (a) in a fossicking area; or\n- (b) the subject of an application for an exploration permit for the same mineral; or\n- (c) the subject of a call for mining lease tenders.","sortOrder":94},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Obtaining exploration permit for coal","content":"# Obtaining exploration permit for coal","sortOrder":95},{"sectionNumber":"ch.4-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":96},{"sectionNumber":"sec.136B","sectionType":"section","heading":"Application and operation of pt 3","content":"### sec.136B Application and operation of pt 3\n\nThis part—\napplies to exploration permits for coal; and\nprovides for a process for the granting of exploration permits for coal—\ngenerally, by competitive tender; or\nto a person who holds 1 or more exploration permits for coal for the same land that are surrendered immediately before the grant of the permit; or\nto a person in relation to a coal mining project under division 5 .\nTo remove any doubt, it is declared that an exploration permit for coal can only be granted under this part.\ns 136B ins 2013 No. 10 s 50\namd 2012 No. 20 s 323 sch 3 (amd 2013 No. 10 s 159 (2)); 2018 No. 24 s 88\n(sec.136B-ssec.1) This part— applies to exploration permits for coal; and provides for a process for the granting of exploration permits for coal— generally, by competitive tender; or to a person who holds 1 or more exploration permits for coal for the same land that are surrendered immediately before the grant of the permit; or to a person in relation to a coal mining project under division 5 .\n(sec.136B-ssec.2) To remove any doubt, it is declared that an exploration permit for coal can only be granted under this part.\n- (a) applies to exploration permits for coal; and\n- (b) provides for a process for the granting of exploration permits for coal— (i) generally, by competitive tender; or (ii) to a person who holds 1 or more exploration permits for coal for the same land that are surrendered immediately before the grant of the permit; or (iii) to a person in relation to a coal mining project under division 5 .\n- (i) generally, by competitive tender; or\n- (ii) to a person who holds 1 or more exploration permits for coal for the same land that are surrendered immediately before the grant of the permit; or\n- (iii) to a person in relation to a coal mining project under division 5 .\n- (i) generally, by competitive tender; or\n- (ii) to a person who holds 1 or more exploration permits for coal for the same land that are surrendered immediately before the grant of the permit; or\n- (iii) to a person in relation to a coal mining project under division 5 .","sortOrder":97},{"sectionNumber":"ch.4-pt.3-div.2","sectionType":"division","heading":"Competitive tenders","content":"## Competitive tenders","sortOrder":98},{"sectionNumber":"sec.136C","sectionType":"section","heading":"Call for tenders","content":"### sec.136C Call for tenders\n\nThe Minister may publish a gazette notice (a call for EP (coal) tenders ) inviting tenders for an exploration permit for coal.\nThe call must state—\nthe proposed area of the permit; and\nthe proposed term of the permit; and\nthe day and time by which tenders in response to it must be made (the closing time for the call); and\nthat the tenders must be lodged before the closing time for the call; and\nthat the tenders must be accompanied by a proposed work program for the term of the permit, if granted; and\nwhether the proposed work program under paragraph (e) must be a proposed work program (activities-based) or a proposed work program (outcomes-based); and\nthat details about each of the following are available at a stated place—\nany proposed conditions of the permit that are likely to impact significantly on exploration in the proposed area;\nany criteria ( special criteria ), other than the prescribed criteria, proposed to be used to decide whether to grant the permit, or to decide its provisions;\nwhether a process for appointing a preferred tenderer involving a cash bid component is to be used for deciding the call.\nThe call may state other relevant matters, including, for example, matters relevant to the special criteria and prescribed criteria.\nSubsection (2) (g) (i) does not limit the Minister’s power under section 136K to decide conditions of the exploration permit if it is granted.\nHowever, the Minister must not act under this section for land if all or any part of the land is—\nin a fossicking area; or\nthe subject of an application for an exploration permit for the same mineral; or\nthe subject of a call for mining lease tenders.\ns 136C ins 2013 No. 10 s 50\namd 2019 No. 17 s 250 ; 2020 No. 14 s 113\n(sec.136C-ssec.1) The Minister may publish a gazette notice (a call for EP (coal) tenders ) inviting tenders for an exploration permit for coal.\n(sec.136C-ssec.2) The call must state— the proposed area of the permit; and the proposed term of the permit; and the day and time by which tenders in response to it must be made (the closing time for the call); and that the tenders must be lodged before the closing time for the call; and that the tenders must be accompanied by a proposed work program for the term of the permit, if granted; and whether the proposed work program under paragraph (e) must be a proposed work program (activities-based) or a proposed work program (outcomes-based); and that details about each of the following are available at a stated place— any proposed conditions of the permit that are likely to impact significantly on exploration in the proposed area; any criteria ( special criteria ), other than the prescribed criteria, proposed to be used to decide whether to grant the permit, or to decide its provisions; whether a process for appointing a preferred tenderer involving a cash bid component is to be used for deciding the call.\n(sec.136C-ssec.3) The call may state other relevant matters, including, for example, matters relevant to the special criteria and prescribed criteria.\n(sec.136C-ssec.4) Subsection (2) (g) (i) does not limit the Minister’s power under section 136K to decide conditions of the exploration permit if it is granted.\n(sec.136C-ssec.5) However, the Minister must not act under this section for land if all or any part of the land is— in a fossicking area; or the subject of an application for an exploration permit for the same mineral; or the subject of a call for mining lease tenders.\n- (a) the proposed area of the permit; and\n- (b) the proposed term of the permit; and\n- (c) the day and time by which tenders in response to it must be made (the closing time for the call); and\n- (d) that the tenders must be lodged before the closing time for the call; and\n- (e) that the tenders must be accompanied by a proposed work program for the term of the permit, if granted; and\n- (f) whether the proposed work program under paragraph (e) must be a proposed work program (activities-based) or a proposed work program (outcomes-based); and\n- (g) that details about each of the following are available at a stated place— (i) any proposed conditions of the permit that are likely to impact significantly on exploration in the proposed area; (ii) any criteria ( special criteria ), other than the prescribed criteria, proposed to be used to decide whether to grant the permit, or to decide its provisions; (iii) whether a process for appointing a preferred tenderer involving a cash bid component is to be used for deciding the call.\n- (i) any proposed conditions of the permit that are likely to impact significantly on exploration in the proposed area;\n- (ii) any criteria ( special criteria ), other than the prescribed criteria, proposed to be used to decide whether to grant the permit, or to decide its provisions;\n- (iii) whether a process for appointing a preferred tenderer involving a cash bid component is to be used for deciding the call.\n- (i) any proposed conditions of the permit that are likely to impact significantly on exploration in the proposed area;\n- (ii) any criteria ( special criteria ), other than the prescribed criteria, proposed to be used to decide whether to grant the permit, or to decide its provisions;\n- (iii) whether a process for appointing a preferred tenderer involving a cash bid component is to be used for deciding the call.\n- (a) in a fossicking area; or\n- (b) the subject of an application for an exploration permit for the same mineral; or\n- (c) the subject of a call for mining lease tenders.","sortOrder":99},{"sectionNumber":"sec.136D","sectionType":"section","heading":"Right to tender","content":"### sec.136D Right to tender\n\nAn eligible person may, by a tender made under section 136E , tender for a proposed exploration permit the subject of a call for EP (coal) tenders.\nHowever, the tender can not be made—\nafter the closing time for the call; or\nfor only part of the area of the proposed exploration permit.\ns 136D ins 2013 No. 10 s 50\n(sec.136D-ssec.1) An eligible person may, by a tender made under section 136E , tender for a proposed exploration permit the subject of a call for EP (coal) tenders.\n(sec.136D-ssec.2) However, the tender can not be made— after the closing time for the call; or for only part of the area of the proposed exploration permit.\n- (a) after the closing time for the call; or\n- (b) for only part of the area of the proposed exploration permit.","sortOrder":100},{"sectionNumber":"sec.136E","sectionType":"section","heading":"Requirements for making tender","content":"### sec.136E Requirements for making tender\n\nA tender for an exploration permit for coal must—\nbe in the approved form; and\nbe accompanied by a proposed work program, of the type required under section 136C (2) (f) , for the term of the permit, if granted; and\nbe accompanied by a statement detailing the tenderer’s financial and technical resources; and\nbe accompanied by the following—\nproof of the tenderer’s identity;\nthe application fee prescribed under a regulation;\nif a process for appointing a preferred tenderer involving a cash bid component is to be used for deciding the call—the tenderer’s cash bid.\ns 136E ins 2013 No. 10 s 50\namd 2014 No. 47 s 481 ; 2019 No. 17 s 251\n- (a) be in the approved form; and\n- (b) be accompanied by a proposed work program, of the type required under section 136C (2) (f) , for the term of the permit, if granted; and\n- (c) be accompanied by a statement detailing the tenderer’s financial and technical resources; and\n- (d) be accompanied by the following— (i) proof of the tenderer’s identity; (ii) the application fee prescribed under a regulation; (iii) if a process for appointing a preferred tenderer involving a cash bid component is to be used for deciding the call—the tenderer’s cash bid.\n- (i) proof of the tenderer’s identity;\n- (ii) the application fee prescribed under a regulation;\n- (iii) if a process for appointing a preferred tenderer involving a cash bid component is to be used for deciding the call—the tenderer’s cash bid.\n- (i) proof of the tenderer’s identity;\n- (ii) the application fee prescribed under a regulation;\n- (iii) if a process for appointing a preferred tenderer involving a cash bid component is to be used for deciding the call—the tenderer’s cash bid.","sortOrder":101},{"sectionNumber":"sec.136EA","sectionType":"section","heading":"Rejection of tender if tenderer disqualified","content":"### sec.136EA Rejection of tender if tenderer disqualified\n\nThe Minister must reject a tender for an exploration permit for coal if the Minister decides the tenderer is disqualified under the Common Provisions Act , chapter 7 from being granted the permit.\nOn rejection of the tender, the Minister must give the tenderer a notice about the decision.\ns 136EA ins 2020 No. 14 s 114\n(sec.136EA-ssec.1) The Minister must reject a tender for an exploration permit for coal if the Minister decides the tenderer is disqualified under the Common Provisions Act , chapter 7 from being granted the permit.\n(sec.136EA-ssec.2) On rejection of the tender, the Minister must give the tenderer a notice about the decision.","sortOrder":102},{"sectionNumber":"sec.136F","sectionType":"section","heading":"Right to terminate call for tenders","content":"### sec.136F Right to terminate call for tenders\n\nThe Minister may, by gazette notice, terminate a call for EP (coal) tenders at any time before deciding to grant an exploration permit to an eligible person who has made a tender in response to the call.\nAll tenders in response to the call lapse when the call is terminated.\nNo amount, whether by way of compensation, reimbursement or otherwise is payable by the State to any person for or in connection with the termination.\nHowever, subject to sections 136H (4) and 136J (4) , the Minister must refund any tender security given by the tenderer.\ns 136F ins 2013 No. 10 s 50\n(sec.136F-ssec.1) The Minister may, by gazette notice, terminate a call for EP (coal) tenders at any time before deciding to grant an exploration permit to an eligible person who has made a tender in response to the call.\n(sec.136F-ssec.2) All tenders in response to the call lapse when the call is terminated.\n(sec.136F-ssec.3) No amount, whether by way of compensation, reimbursement or otherwise is payable by the State to any person for or in connection with the termination.\n(sec.136F-ssec.4) However, subject to sections 136H (4) and 136J (4) , the Minister must refund any tender security given by the tenderer.","sortOrder":103},{"sectionNumber":"sec.136G","sectionType":"section","heading":"Amendment of tender","content":"### sec.136G Amendment of tender\n\nThis section provides for the amendments that can be made to a tender in response to a call for EP (coal) tenders.\nA proposed work program included in the tender may be amended at any time until, but not after, the tenderer has become the preferred tenderer for the call.\nThe tender may be amended, other than as provided by subsection (2) , at any time until, but not after, the closing time for the call.\nHowever, subsection (3) does not apply if—\nthe tenderer is a company; and\nthe change is only a change of name of the tenderer; and\nthe tenderer’s Australian company number and Australian registered business name have not changed.\ns 136G ins 2013 No. 10 s 50\namd 2019 No. 17 s 252\n(sec.136G-ssec.1) This section provides for the amendments that can be made to a tender in response to a call for EP (coal) tenders.\n(sec.136G-ssec.2) A proposed work program included in the tender may be amended at any time until, but not after, the tenderer has become the preferred tenderer for the call.\n(sec.136G-ssec.3) The tender may be amended, other than as provided by subsection (2) , at any time until, but not after, the closing time for the call.\n(sec.136G-ssec.4) However, subsection (3) does not apply if— the tenderer is a company; and the change is only a change of name of the tenderer; and the tenderer’s Australian company number and Australian registered business name have not changed.\n- (a) the tenderer is a company; and\n- (b) the change is only a change of name of the tenderer; and\n- (c) the tenderer’s Australian company number and Australian registered business name have not changed.","sortOrder":104},{"sectionNumber":"sec.136H","sectionType":"section","heading":"Withdrawal of tender","content":"### sec.136H Withdrawal of tender\n\nA person who has lodged a tender in response to a call for EP (coal) tenders may lodge a notice withdrawing the tender at any time before the relevant exploration permit is granted.\nThe withdrawal takes effect when the notice is lodged.\nIf the preferred tenderer’s tender is withdrawn under this section, the withdrawal does not affect the Minister’s power to appoint another tenderer, from the tenders made in response to the call, to be the preferred tenderer.\nIf a tender is withdrawn under this section, the Minister may, if the Minister considers it reasonable in the circumstances, retain the whole or part of any tender security given by the tenderer.\ns 136H ins 2013 No. 10 s 50\n(sec.136H-ssec.1) A person who has lodged a tender in response to a call for EP (coal) tenders may lodge a notice withdrawing the tender at any time before the relevant exploration permit is granted.\n(sec.136H-ssec.2) The withdrawal takes effect when the notice is lodged.\n(sec.136H-ssec.3) If the preferred tenderer’s tender is withdrawn under this section, the withdrawal does not affect the Minister’s power to appoint another tenderer, from the tenders made in response to the call, to be the preferred tenderer.\n(sec.136H-ssec.4) If a tender is withdrawn under this section, the Minister may, if the Minister considers it reasonable in the circumstances, retain the whole or part of any tender security given by the tenderer.","sortOrder":105},{"sectionNumber":"ch.4-pt.3-div.3","sectionType":"division","heading":"Deciding tenders","content":"## Deciding tenders","sortOrder":106},{"sectionNumber":"sec.136I","sectionType":"section","heading":"Process for deciding tenders","content":"### sec.136I Process for deciding tenders\n\nSubject to section 136K (2) and (3) , any process the Minister considers appropriate may be used to decide a call for EP (coal) tenders, including, for example—\na process appointing a preferred tenderer on the tenders made in response to the call (whether or not involving a cash bid component); or\na process involving short-listing a group of possible preferred tenderers and inviting them to engage in another round of tendering before appointing a preferred tenderer from that group.\nWithout limiting subsection (1) , the Minister may give a tenderer a notice requiring the tenderer to give the Minister, within the reasonable period stated in the notice, information the Minister reasonably requires to assess the tender.\ns 136I ins 2013 No. 10 s 50\n(sec.136I-ssec.1) Subject to section 136K (2) and (3) , any process the Minister considers appropriate may be used to decide a call for EP (coal) tenders, including, for example— a process appointing a preferred tenderer on the tenders made in response to the call (whether or not involving a cash bid component); or a process involving short-listing a group of possible preferred tenderers and inviting them to engage in another round of tendering before appointing a preferred tenderer from that group.\n(sec.136I-ssec.2) Without limiting subsection (1) , the Minister may give a tenderer a notice requiring the tenderer to give the Minister, within the reasonable period stated in the notice, information the Minister reasonably requires to assess the tender.\n- (a) a process appointing a preferred tenderer on the tenders made in response to the call (whether or not involving a cash bid component); or\n- (b) a process involving short-listing a group of possible preferred tenderers and inviting them to engage in another round of tendering before appointing a preferred tenderer from that group.","sortOrder":107},{"sectionNumber":"sec.136J","sectionType":"section","heading":"Provisions for preferred tenderers","content":"### sec.136J Provisions for preferred tenderers\n\nThe Minister may require a preferred tenderer for the call for EP (coal) tenders to—\npay any amounts necessarily incurred, or to be incurred, to enable the exploration permit to be granted; and\namounts required to comply with the Commonwealth Native Title Act , part 2 , division 3 , subdivision P\ndo all or any of the following within a stated reasonable period—\npay the rental for the first year of the term of the permit under section 138 ;\ngive, under section 144 , security for the permit.\nIf a preferred tenderer does not—\ncomply with a requirement under subsection (1) ; or\ndo all things reasonably necessary to allow an exploration permit for coal to be granted to the tenderer;\nthe Minister may revoke the tenderer’s appointment as the preferred tenderer.\nHowever, before acting under subsection (2) , the Minister must give the preferred tenderer a reasonable opportunity to provide reasons for, and rectify, the tenderer’s failure to comply with a requirement under subsection (1) or (2) (b) .\nIf the Minister revokes the appointment of the tenderer as the preferred tenderer under this section, the Minister may—\nretain the whole or part of any tender security given by the tenderer, if the Minister considers it reasonable in the circumstances; and\nappoint another tenderer to be the preferred tenderer.\ns 136J ins 2013 No. 10 s 50\n(sec.136J-ssec.1) The Minister may require a preferred tenderer for the call for EP (coal) tenders to— pay any amounts necessarily incurred, or to be incurred, to enable the exploration permit to be granted; and amounts required to comply with the Commonwealth Native Title Act , part 2 , division 3 , subdivision P do all or any of the following within a stated reasonable period— pay the rental for the first year of the term of the permit under section 138 ; give, under section 144 , security for the permit.\n(sec.136J-ssec.2) If a preferred tenderer does not— comply with a requirement under subsection (1) ; or do all things reasonably necessary to allow an exploration permit for coal to be granted to the tenderer; the Minister may revoke the tenderer’s appointment as the preferred tenderer.\n(sec.136J-ssec.3) However, before acting under subsection (2) , the Minister must give the preferred tenderer a reasonable opportunity to provide reasons for, and rectify, the tenderer’s failure to comply with a requirement under subsection (1) or (2) (b) .\n(sec.136J-ssec.4) If the Minister revokes the appointment of the tenderer as the preferred tenderer under this section, the Minister may— retain the whole or part of any tender security given by the tenderer, if the Minister considers it reasonable in the circumstances; and appoint another tenderer to be the preferred tenderer.\n- (a) pay any amounts necessarily incurred, or to be incurred, to enable the exploration permit to be granted; and Example— amounts required to comply with the Commonwealth Native Title Act , part 2 , division 3 , subdivision P\n- (b) do all or any of the following within a stated reasonable period— (i) pay the rental for the first year of the term of the permit under section 138 ; (ii) give, under section 144 , security for the permit.\n- (i) pay the rental for the first year of the term of the permit under section 138 ;\n- (ii) give, under section 144 , security for the permit.\n- (i) pay the rental for the first year of the term of the permit under section 138 ;\n- (ii) give, under section 144 , security for the permit.\n- (a) comply with a requirement under subsection (1) ; or\n- (b) do all things reasonably necessary to allow an exploration permit for coal to be granted to the tenderer;\n- (a) retain the whole or part of any tender security given by the tenderer, if the Minister considers it reasonable in the circumstances; and\n- (b) appoint another tenderer to be the preferred tenderer.","sortOrder":108},{"sectionNumber":"sec.136K","sectionType":"section","heading":"Deciding whether to grant exploration permit","content":"### sec.136K Deciding whether to grant exploration permit\n\nThe Minister may, after the closing time for the call for EP (coal) tenders—\ngrant an exploration permit for coal to 1 tenderer, with or without conditions; or\nrefuse to grant any exploration permit for coal.\nHowever, the Minister must not grant the exploration permit unless the Minister is satisfied the prescribed criteria for the grant of the permit are met.\nAlso, in deciding whether to grant an exploration permit or deciding its provisions, the Minister must consider any special criteria for the call.\ns 136K ins 2013 No. 10 s 50\n(sec.136K-ssec.1) The Minister may, after the closing time for the call for EP (coal) tenders— grant an exploration permit for coal to 1 tenderer, with or without conditions; or refuse to grant any exploration permit for coal.\n(sec.136K-ssec.2) However, the Minister must not grant the exploration permit unless the Minister is satisfied the prescribed criteria for the grant of the permit are met.\n(sec.136K-ssec.3) Also, in deciding whether to grant an exploration permit or deciding its provisions, the Minister must consider any special criteria for the call.\n- (a) grant an exploration permit for coal to 1 tenderer, with or without conditions; or\n- (b) refuse to grant any exploration permit for coal.","sortOrder":109},{"sectionNumber":"sec.136L","sectionType":"section","heading":"Notice to unsuccessful tenderers","content":"### sec.136L Notice to unsuccessful tenderers\n\nAfter a call for EP (coal) tenders has been decided, each tenderer not granted the exploration permit must be given notice of the decision.\nSee also the Judicial Review Act 1991 , section 32 (Request for statement of reasons).\nSubject to sections 136H (4) and 136J (4) , the Minister must refund any tender security given by the tenderer.\ns 136L ins 2013 No. 10 s 50\n(sec.136L-ssec.1) After a call for EP (coal) tenders has been decided, each tenderer not granted the exploration permit must be given notice of the decision. See also the Judicial Review Act 1991 , section 32 (Request for statement of reasons).\n(sec.136L-ssec.2) Subject to sections 136H (4) and 136J (4) , the Minister must refund any tender security given by the tenderer.","sortOrder":110},{"sectionNumber":"ch.4-pt.3-div.4","sectionType":"division","heading":"Obtaining exploration permit following surrender","content":"## Obtaining exploration permit following surrender","sortOrder":111},{"sectionNumber":"sec.136M","sectionType":"section","heading":"Application for exploration permit for surrendered exploration permits","content":"### sec.136M Application for exploration permit for surrendered exploration permits\n\nThis section applies if the holder of an exploration permit for coal intends to surrender the permit.\nThe holder may apply for a new exploration permit for the whole or part of the area of the exploration permit to be surrendered.\nThe application must be made in the same way an application for an exploration permit is made under section 133 .\nThe Minister may give the applicant a notice requiring the applicant to give the Minister information the Minister reasonably requires to assess the application.\nIf the information is not given to the Minister within the reasonable period stated in the notice, the Minister may refuse the application.\nAn application for a new exploration permit under this section must be numbered in the way prescribed under a regulation and the number, if the permit is granted, must become the number of that permit.\ns 136M ins 2013 No. 10 s 50\namd 2019 No. 17 s 253\n(sec.136M-ssec.1) This section applies if the holder of an exploration permit for coal intends to surrender the permit.\n(sec.136M-ssec.2) The holder may apply for a new exploration permit for the whole or part of the area of the exploration permit to be surrendered.\n(sec.136M-ssec.3) The application must be made in the same way an application for an exploration permit is made under section 133 .\n(sec.136M-ssec.4) The Minister may give the applicant a notice requiring the applicant to give the Minister information the Minister reasonably requires to assess the application.\n(sec.136M-ssec.5) If the information is not given to the Minister within the reasonable period stated in the notice, the Minister may refuse the application.\n(sec.136M-ssec.6) An application for a new exploration permit under this section must be numbered in the way prescribed under a regulation and the number, if the permit is granted, must become the number of that permit.","sortOrder":112},{"sectionNumber":"sec.136N","sectionType":"section","heading":"Grant of exploration permit for surrendered exploration permits","content":"### sec.136N Grant of exploration permit for surrendered exploration permits\n\nThe Minister may, for an application for a new exploration permit under section 136M —\ngrant the new exploration permit, with or without conditions; or\nrefuse the application.\nHowever, the Minister must not grant a new exploration permit under this section unless the Minister is satisfied the prescribed criteria for the grant of the permit are met.\nAlso, subject to subsection (4) , the Minister must not grant a new exploration permit for land if all or any part of the land is in a fossicking area.\nSubsection (3) does not apply if the application for the new exploration permit was made, but not decided, before the land became a fossicking area.\nThe term of a new exploration permit is the term decided by the Minister.\nHowever, the end of the term can not be more than 15 years after—\nif the area of the new exploration permit is comprised of the whole or part of the area of 1 surrendered exploration permit—the day the surrendered permit was granted; or\nif the area of the new exploration permit is comprised of the whole or part of the area of more than 1 surrendered exploration permit—the day the earliest of the surrendered permits was granted.\ns 136N ins 2013 No. 10 s 50\namd 2019 No. 17 s 222 ; 2019 No. 17 s 254\n(sec.136N-ssec.1) The Minister may, for an application for a new exploration permit under section 136M — grant the new exploration permit, with or without conditions; or refuse the application.\n(sec.136N-ssec.2) However, the Minister must not grant a new exploration permit under this section unless the Minister is satisfied the prescribed criteria for the grant of the permit are met.\n(sec.136N-ssec.3) Also, subject to subsection (4) , the Minister must not grant a new exploration permit for land if all or any part of the land is in a fossicking area.\n(sec.136N-ssec.4) Subsection (3) does not apply if the application for the new exploration permit was made, but not decided, before the land became a fossicking area.\n(sec.136N-ssec.5) The term of a new exploration permit is the term decided by the Minister.\n(sec.136N-ssec.6) However, the end of the term can not be more than 15 years after— if the area of the new exploration permit is comprised of the whole or part of the area of 1 surrendered exploration permit—the day the surrendered permit was granted; or if the area of the new exploration permit is comprised of the whole or part of the area of more than 1 surrendered exploration permit—the day the earliest of the surrendered permits was granted.\n- (a) grant the new exploration permit, with or without conditions; or\n- (b) refuse the application.\n- (a) if the area of the new exploration permit is comprised of the whole or part of the area of 1 surrendered exploration permit—the day the surrendered permit was granted; or\n- (b) if the area of the new exploration permit is comprised of the whole or part of the area of more than 1 surrendered exploration permit—the day the earliest of the surrendered permits was granted.","sortOrder":113},{"sectionNumber":"ch.4-pt.3-div.5","sectionType":"division","heading":"Obtaining exploration permit for coal other than by competitive tender","content":"## Obtaining exploration permit for coal other than by competitive tender","sortOrder":114},{"sectionNumber":"sec.136O","sectionType":"section","heading":"Definitions for division","content":"### sec.136O Definitions for division\n\nIn this division—\ncoal interest means—\na coal exploration tenement; or\na coal mining lease; or\nan application for a coal mining lease.\ncoal mining project see section 136P (1) .\nproject land , for a coal mining project, see section 136P (2) .\ns 136O ins 2018 No. 24 s 89\n- (a) a coal exploration tenement; or\n- (b) a coal mining lease; or\n- (c) an application for a coal mining lease.","sortOrder":115},{"sectionNumber":"sec.136P","sectionType":"section","heading":"Meaning of coal mining project and project land","content":"### sec.136P Meaning of coal mining project and project land\n\nA coal mining project is 1 or more coal interests that is or includes a coal mining lease, or an application for a coal mining lease, if authorised activities for the coal interest or interests are or will be carried out as a single integrated operation.\nProject land for a coal mining project is land in the area of any of the following for the project—\na coal exploration tenement;\na coal mining lease;\na proposed coal mining lease the subject of an application for a coal mining lease.\ns 136P ins 2018 No. 24 s 89\n(sec.136P-ssec.1) A coal mining project is 1 or more coal interests that is or includes a coal mining lease, or an application for a coal mining lease, if authorised activities for the coal interest or interests are or will be carried out as a single integrated operation.\n(sec.136P-ssec.2) Project land for a coal mining project is land in the area of any of the following for the project— a coal exploration tenement; a coal mining lease; a proposed coal mining lease the subject of an application for a coal mining lease.\n- (a) a coal exploration tenement;\n- (b) a coal mining lease;\n- (c) a proposed coal mining lease the subject of an application for a coal mining lease.","sortOrder":116},{"sectionNumber":"sec.136Q","sectionType":"section","heading":"Who may apply","content":"### sec.136Q Who may apply\n\nAn eligible person may apply under this division for an exploration permit for coal for an area if—\nthe eligible person is the holder of, or the applicant for, a coal mining lease that is, or is included in, a coal mining project; and\nthe area—\nis contiguous to project land for the coal mining project; and\nis not the subject of a coal interest or an application for a coal exploration tenement; and\nis not more than 6 sub-blocks; and\nis not the subject of a call for EP (coal) tenders; and\nan exploration permit for coal has not previously been granted under this division in relation to the coal mining project.\ns 136Q ins 2018 No. 24 s 89\n- (a) the eligible person is the holder of, or the applicant for, a coal mining lease that is, or is included in, a coal mining project; and\n- (b) the area— (i) is contiguous to project land for the coal mining project; and (ii) is not the subject of a coal interest or an application for a coal exploration tenement; and (iii) is not more than 6 sub-blocks; and (iv) is not the subject of a call for EP (coal) tenders; and\n- (i) is contiguous to project land for the coal mining project; and\n- (ii) is not the subject of a coal interest or an application for a coal exploration tenement; and\n- (iii) is not more than 6 sub-blocks; and\n- (iv) is not the subject of a call for EP (coal) tenders; and\n- (c) an exploration permit for coal has not previously been granted under this division in relation to the coal mining project.\n- (i) is contiguous to project land for the coal mining project; and\n- (ii) is not the subject of a coal interest or an application for a coal exploration tenement; and\n- (iii) is not more than 6 sub-blocks; and\n- (iv) is not the subject of a call for EP (coal) tenders; and","sortOrder":117},{"sectionNumber":"sec.136R","sectionType":"section","heading":"Application","content":"### sec.136R Application\n\nAn application under this division for an exploration permit for coal in relation to a coal mining project must—\nbe in the approved form and lodged with the chief executive; and\nstate the name of the applicant; and\ndefine the boundary of the area of the proposed exploration permit; and\nSection 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.\nbe accompanied by—\na proposed work program for the term of the permit, if granted; and\na statement about how the work proposed to be carried out under the authority of the exploration permit is necessary for the operation of the coal mining project; and\nbe accompanied by a statement detailing the applicant’s financial and technical resources; and\nbe accompanied by—\nproof of the applicant’s identity; and\nthe application fee prescribed by regulation.\ns 136R ins 2018 No. 24 s 89\namd 2019 No. 17 s 255\n- (a) be in the approved form and lodged with the chief executive; and\n- (b) state the name of the applicant; and\n- (c) define the boundary of the area of the proposed exploration permit; and Note— Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.\n- (d) be accompanied by— (i) a proposed work program for the term of the permit, if granted; and (ii) a statement about how the work proposed to be carried out under the authority of the exploration permit is necessary for the operation of the coal mining project; and\n- (i) a proposed work program for the term of the permit, if granted; and\n- (ii) a statement about how the work proposed to be carried out under the authority of the exploration permit is necessary for the operation of the coal mining project; and\n- (e) be accompanied by a statement detailing the applicant’s financial and technical resources; and\n- (f) be accompanied by— (i) proof of the applicant’s identity; and (ii) the application fee prescribed by regulation.\n- (i) proof of the applicant’s identity; and\n- (ii) the application fee prescribed by regulation.\n- (i) a proposed work program for the term of the permit, if granted; and\n- (ii) a statement about how the work proposed to be carried out under the authority of the exploration permit is necessary for the operation of the coal mining project; and\n- (i) proof of the applicant’s identity; and\n- (ii) the application fee prescribed by regulation.","sortOrder":118},{"sectionNumber":"sec.136S","sectionType":"section","heading":"Deciding application","content":"### sec.136S Deciding application\n\nThe Minister may—\ngrant the exploration permit for coal, with or without conditions, for all or part of the area of the proposed exploration permit; or\nrefuse the application.\nHowever, the Minister must not grant the exploration permit unless the Minister is satisfied the prescribed criteria for the grant of the permit are met.\nAlso, the Minister must not grant the exploration permit if all or part of the area of the proposed exploration permit is in a fossicking area.\nSubsection (3) does not apply if the application for the exploration permit was made but not decided before the area became a fossicking area.\nWithout limiting subsection (1) , the Minister may refuse to grant the exploration permit if the Minister considers the grant is not in the public interest.\nThe Minister may grant the exploration permit for coal only if the Minister is satisfied—\nthe applicant is the holder of, or the applicant for, a coal mining lease that is, or is included in, a coal mining project; and\nthe area of the exploration permit is contiguous to the project land for the coal mining project; and\nthe area of the exploration permit is not the subject of a coal interest or an application for a coal exploration tenement; and\nthe area of the exploration permit is not more than 6 sub-blocks; and\nan exploration permit for coal has not previously been granted under this division in relation to the coal mining project; and\nthe exploration permit is necessary for the operation of the coal mining project; and\nthe applicant has demonstrated the financial and technical capability of carrying out the activities proposed under the exploration permit; and\nthe area of the exploration permit is not identified, or likely to be identified, as land to be released for tender for coal or other minerals.\nIf the exploration permit is granted for only part of the area of the proposed exploration permit—\nthe application is taken to be refused for the remainder of the area; and\nthe Minister must give the applicant written notice of the reasons for the refusal.\nIf the Minister refuses the application, the Minister must give the applicant written notice of the reasons for the refusal.\ns 136S ins 2018 No. 24 s 89\namd 2019 No. 17 s 223\n(sec.136S-ssec.1) The Minister may— grant the exploration permit for coal, with or without conditions, for all or part of the area of the proposed exploration permit; or refuse the application.\n(sec.136S-ssec.2) However, the Minister must not grant the exploration permit unless the Minister is satisfied the prescribed criteria for the grant of the permit are met.\n(sec.136S-ssec.3) Also, the Minister must not grant the exploration permit if all or part of the area of the proposed exploration permit is in a fossicking area.\n(sec.136S-ssec.4) Subsection (3) does not apply if the application for the exploration permit was made but not decided before the area became a fossicking area.\n(sec.136S-ssec.5) Without limiting subsection (1) , the Minister may refuse to grant the exploration permit if the Minister considers the grant is not in the public interest.\n(sec.136S-ssec.6) The Minister may grant the exploration permit for coal only if the Minister is satisfied— the applicant is the holder of, or the applicant for, a coal mining lease that is, or is included in, a coal mining project; and the area of the exploration permit is contiguous to the project land for the coal mining project; and the area of the exploration permit is not the subject of a coal interest or an application for a coal exploration tenement; and the area of the exploration permit is not more than 6 sub-blocks; and an exploration permit for coal has not previously been granted under this division in relation to the coal mining project; and the exploration permit is necessary for the operation of the coal mining project; and the applicant has demonstrated the financial and technical capability of carrying out the activities proposed under the exploration permit; and the area of the exploration permit is not identified, or likely to be identified, as land to be released for tender for coal or other minerals.\n(sec.136S-ssec.7) If the exploration permit is granted for only part of the area of the proposed exploration permit— the application is taken to be refused for the remainder of the area; and the Minister must give the applicant written notice of the reasons for the refusal.\n(sec.136S-ssec.8) If the Minister refuses the application, the Minister must give the applicant written notice of the reasons for the refusal.\n- (a) grant the exploration permit for coal, with or without conditions, for all or part of the area of the proposed exploration permit; or\n- (b) refuse the application.\n- (a) the applicant is the holder of, or the applicant for, a coal mining lease that is, or is included in, a coal mining project; and\n- (b) the area of the exploration permit is contiguous to the project land for the coal mining project; and\n- (c) the area of the exploration permit is not the subject of a coal interest or an application for a coal exploration tenement; and\n- (d) the area of the exploration permit is not more than 6 sub-blocks; and\n- (e) an exploration permit for coal has not previously been granted under this division in relation to the coal mining project; and\n- (f) the exploration permit is necessary for the operation of the coal mining project; and\n- (g) the applicant has demonstrated the financial and technical capability of carrying out the activities proposed under the exploration permit; and\n- (h) the area of the exploration permit is not identified, or likely to be identified, as land to be released for tender for coal or other minerals.\n- (a) the application is taken to be refused for the remainder of the area; and\n- (b) the Minister must give the applicant written notice of the reasons for the refusal.","sortOrder":119},{"sectionNumber":"sec.136T","sectionType":"section","heading":"Withdrawing application","content":"### sec.136T Withdrawing application\n\nThe applicant for an exploration permit may lodge a notice with the chief executive withdrawing the application in relation to all or part of the area to which it relates at any time before the grant of the exploration permit.\nThe withdrawal takes effect when the notice is lodged.\nIf an application for an exploration permit is withdrawn in relation to only part of the area to which it relates, the application must be amended to define the boundary of the area of the proposed exploration permit for which the application is to remain in force.\nSection 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.\ns 136T ins 2018 No. 24 s 89\namd 2019 No. 17 s 224\n(sec.136T-ssec.1) The applicant for an exploration permit may lodge a notice with the chief executive withdrawing the application in relation to all or part of the area to which it relates at any time before the grant of the exploration permit.\n(sec.136T-ssec.2) The withdrawal takes effect when the notice is lodged.\n(sec.136T-ssec.3) If an application for an exploration permit is withdrawn in relation to only part of the area to which it relates, the application must be amended to define the boundary of the area of the proposed exploration permit for which the application is to remain in force. Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.","sortOrder":120},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Other provisions about exploration permits","content":"# Other provisions about exploration permits","sortOrder":121},{"sectionNumber":"sec.137","sectionType":"section","heading":"Prescribed criteria for grant of exploration permit","content":"### sec.137 Prescribed criteria for grant of exploration permit\n\nThis section states the criteria ( prescribed criteria ) for the grant of an exploration permit under part 2 or 3 .\nThe criteria are as follows—\nthe requirements of this Act have been complied with;\nthe applicant is an eligible person;\nthe applicant has paid rental for the first year of the term of the exploration permit under section 138 ;\nthe Minister has, under subsection (3) , approved a work program for the term of the permit;\nthe Minister has not, under the Common Provisions Act , section 196C , decided the person is disqualified from being granted the permit.\nUnder section 144 , an exploration permit can not be granted until the applicant has deposited security decided under that section.\nIf the application relates to acquired land, see also section 10AAC .\nIn deciding whether to approve the work program for the term of the exploration permit, the Minister must have regard to—\nfor a work program (activities-based)—the following matters—\nthe extent of the proposed activities in the proposed area of the permit;\nwhen and where the applicant proposes to carry out exploration activities in the proposed area of the permit;\nwhether the applicant has the financial and technical capability of carrying out the proposed activities; or\nfor a work program (outcomes-based)—the following matters—\nwhether the applicant has an adequate technical knowledge of the geology of the proposed area of the permit;\nwhether the proposed outcomes ensure appropriate exploration of the proposed area of the permit;\nwhether the applicant has the financial and technical capability of pursuing the proposed outcomes.\ns 137 amd 1994 No. 63 s 110 (2) sch ; 1995 No. 21 s 3 sch ; 1999 No. 35 s 25 ; 2000 No. 64 s 98 ; 2005 No. 8 s 12 ; 2008 No. 33 s 86 ; 2008 No. 56 s 32 ; 2012 No. 20 ss 54 , 281 sch 2\nsub 2013 No. 10 s 51\namd 2012 No. 20 s 323 sch 3 (amd 2013 No. 10 s 159 (2) ); 2019 No. 17 s 256 ; 2020 No. 14 s 115 ; 2024 No. 33 s 183 s ch 1 pt 2\n(sec.137-ssec.1) This section states the criteria ( prescribed criteria ) for the grant of an exploration permit under part 2 or 3 .\n(sec.137-ssec.2) The criteria are as follows— the requirements of this Act have been complied with; the applicant is an eligible person; the applicant has paid rental for the first year of the term of the exploration permit under section 138 ; the Minister has, under subsection (3) , approved a work program for the term of the permit; the Minister has not, under the Common Provisions Act , section 196C , decided the person is disqualified from being granted the permit. Under section 144 , an exploration permit can not be granted until the applicant has deposited security decided under that section. If the application relates to acquired land, see also section 10AAC .\n(sec.137-ssec.3) In deciding whether to approve the work program for the term of the exploration permit, the Minister must have regard to— for a work program (activities-based)—the following matters— the extent of the proposed activities in the proposed area of the permit; when and where the applicant proposes to carry out exploration activities in the proposed area of the permit; whether the applicant has the financial and technical capability of carrying out the proposed activities; or for a work program (outcomes-based)—the following matters— whether the applicant has an adequate technical knowledge of the geology of the proposed area of the permit; whether the proposed outcomes ensure appropriate exploration of the proposed area of the permit; whether the applicant has the financial and technical capability of pursuing the proposed outcomes.\n- (a) the requirements of this Act have been complied with;\n- (b) the applicant is an eligible person;\n- (c) the applicant has paid rental for the first year of the term of the exploration permit under section 138 ;\n- (d) the Minister has, under subsection (3) , approved a work program for the term of the permit;\n- (e) the Minister has not, under the Common Provisions Act , section 196C , decided the person is disqualified from being granted the permit.\n- 1 Under section 144 , an exploration permit can not be granted until the applicant has deposited security decided under that section.\n- 2 If the application relates to acquired land, see also section 10AAC .\n- (a) for a work program (activities-based)—the following matters— (i) the extent of the proposed activities in the proposed area of the permit; (ii) when and where the applicant proposes to carry out exploration activities in the proposed area of the permit; (iii) whether the applicant has the financial and technical capability of carrying out the proposed activities; or\n- (i) the extent of the proposed activities in the proposed area of the permit;\n- (ii) when and where the applicant proposes to carry out exploration activities in the proposed area of the permit;\n- (iii) whether the applicant has the financial and technical capability of carrying out the proposed activities; or\n- (b) for a work program (outcomes-based)—the following matters— (i) whether the applicant has an adequate technical knowledge of the geology of the proposed area of the permit; (ii) whether the proposed outcomes ensure appropriate exploration of the proposed area of the permit; (iii) whether the applicant has the financial and technical capability of pursuing the proposed outcomes.\n- (i) whether the applicant has an adequate technical knowledge of the geology of the proposed area of the permit;\n- (ii) whether the proposed outcomes ensure appropriate exploration of the proposed area of the permit;\n- (iii) whether the applicant has the financial and technical capability of pursuing the proposed outcomes.\n- (i) the extent of the proposed activities in the proposed area of the permit;\n- (ii) when and where the applicant proposes to carry out exploration activities in the proposed area of the permit;\n- (iii) whether the applicant has the financial and technical capability of carrying out the proposed activities; or\n- (i) whether the applicant has an adequate technical knowledge of the geology of the proposed area of the permit;\n- (ii) whether the proposed outcomes ensure appropriate exploration of the proposed area of the permit;\n- (iii) whether the applicant has the financial and technical capability of pursuing the proposed outcomes.","sortOrder":122},{"sectionNumber":"sec.137AA","sectionType":"section","heading":"Area of exploration permit does not include particular land","content":"### sec.137AA Area of exploration permit does not include particular land\n\nThe area of an exploration permit does not include land that, under section 137AB , is excluded land for the permit.\ns 137AA ins 2020 No. 14 s 116","sortOrder":123},{"sectionNumber":"sec.137AB","sectionType":"section","heading":"Minister’s power to decide excluded land","content":"### sec.137AB Minister’s power to decide excluded land\n\nThe Minister may decide excluded land for an exploration permit.\nHowever, the power under subsection (1) may be exercised only when the Minister is deciding whether to grant or renew the exploration permit.\nExcluded land—\nmust be within—\nfor the grant of an exploration permit—the area set out in the application for the permit; or\nfor the renewal of an exploration permit—the original area of the permit; and\ncan not be a whole sub-block.\nExcluded land may be described in a way the Minister considers appropriate, including, for example, by area or by reference to a stated type of land.\nLand ceases to be excluded land for an exploration permit if—\nthe sub-block in which the land is located is relinquished or, for any other reason, ceases to be in the area of the exploration permit; or\na mineral development licence is granted over any of the area of the exploration permit and the land is excluded land for the mineral development licence.\nSee section 176A for provisions about applying to add excluded land to an existing exploration permit.\ns 137AB ins 2020 No. 14 s 116\n(sec.137AB-ssec.1) The Minister may decide excluded land for an exploration permit.\n(sec.137AB-ssec.2) However, the power under subsection (1) may be exercised only when the Minister is deciding whether to grant or renew the exploration permit.\n(sec.137AB-ssec.3) Excluded land— must be within— for the grant of an exploration permit—the area set out in the application for the permit; or for the renewal of an exploration permit—the original area of the permit; and can not be a whole sub-block.\n(sec.137AB-ssec.4) Excluded land may be described in a way the Minister considers appropriate, including, for example, by area or by reference to a stated type of land.\n(sec.137AB-ssec.5) Land ceases to be excluded land for an exploration permit if— the sub-block in which the land is located is relinquished or, for any other reason, ceases to be in the area of the exploration permit; or a mineral development licence is granted over any of the area of the exploration permit and the land is excluded land for the mineral development licence.\n- (a) must be within— (i) for the grant of an exploration permit—the area set out in the application for the permit; or (ii) for the renewal of an exploration permit—the original area of the permit; and\n- (i) for the grant of an exploration permit—the area set out in the application for the permit; or\n- (ii) for the renewal of an exploration permit—the original area of the permit; and\n- (b) can not be a whole sub-block.\n- (i) for the grant of an exploration permit—the area set out in the application for the permit; or\n- (ii) for the renewal of an exploration permit—the original area of the permit; and\n- (a) the sub-block in which the land is located is relinquished or, for any other reason, ceases to be in the area of the exploration permit; or\n- (b) a mineral development licence is granted over any of the area of the exploration permit and the land is excluded land for the mineral development licence.","sortOrder":124},{"sectionNumber":"sec.137A","sectionType":"section","heading":"Details of exploration permit to be recorded in register","content":"### sec.137A Details of exploration permit to be recorded in register\n\nThe chief executive must record in the register the following details of an exploration permit—\nthe identification number of the permit;\nthe name of the holder;\nthe address for service of notices on the holder;\nthe description of land for which the permit is granted;\nthe term and date of commencement of the permit;\nthe conditions, other than conditions prescribed under this Act, to which the permit is subject;\nthe minerals the subject of the permit;\nthe work program approved by the Minister for the term of the permit.\ns 137A ins 2008 No. 33 s 87\nsub 2018 No. 24 s 90\namd 2019 No. 17 s 257\n- (a) the identification number of the permit;\n- (b) the name of the holder;\n- (c) the address for service of notices on the holder;\n- (d) the description of land for which the permit is granted;\n- (e) the term and date of commencement of the permit;\n- (f) the conditions, other than conditions prescribed under this Act, to which the permit is subject;\n- (g) the minerals the subject of the permit;\n- (h) the work program approved by the Minister for the term of the permit.","sortOrder":125},{"sectionNumber":"sec.138","sectionType":"section","heading":"Rental payable on exploration permit","content":"### sec.138 Rental payable on exploration permit\n\nRental for the first year of the term of an exploration permit (its first rental period ) is payable before the granting of the permit under part 2 or 3 (the original permit ).\nOn the renewal of an exploration permit, rental is payable—\nfor the first year of the term of the renewed permit; and\nwithin 20 business days after the renewal is granted.\nFor each year an exploration permit is in force, rental for the whole year (other than its first rental period) is payable on or before the anniversary of—\nfor an original permit—the grant of the permit; or\nfor a renewed permit—the day the term of the renewed permit started.\nFor when the term of a renewed permit starts, see section 147D .\nThe amount of the rental payable for each year is calculated by multiplying the number of sub-blocks to which the permit applies by the amount prescribed under a regulation for the year.\ns 138 sub 2005 No. 8 s 13\namd 2008 No. 56 s 33 ; 2012 No. 20 s 125 sch 1 , s 323 sch 3 (amd 2013 No. 10 s 159 (2) ); 2013 No. 10 s 52\n(sec.138-ssec.1) Rental for the first year of the term of an exploration permit (its first rental period ) is payable before the granting of the permit under part 2 or 3 (the original permit ).\n(sec.138-ssec.2) On the renewal of an exploration permit, rental is payable— for the first year of the term of the renewed permit; and within 20 business days after the renewal is granted.\n(sec.138-ssec.3) For each year an exploration permit is in force, rental for the whole year (other than its first rental period) is payable on or before the anniversary of— for an original permit—the grant of the permit; or for a renewed permit—the day the term of the renewed permit started. For when the term of a renewed permit starts, see section 147D .\n(sec.138-ssec.4) The amount of the rental payable for each year is calculated by multiplying the number of sub-blocks to which the permit applies by the amount prescribed under a regulation for the year.\n- (a) for the first year of the term of the renewed permit; and\n- (b) within 20 business days after the renewal is granted.\n- (a) for an original permit—the grant of the permit; or\n- (b) for a renewed permit—the day the term of the renewed permit started. Note— For when the term of a renewed permit starts, see section 147D .","sortOrder":126},{"sectionNumber":"sec.139","sectionType":"section","heading":"Periodic reduction in area of exploration permit","content":"### sec.139 Periodic reduction in area of exploration permit\n\nThe area of an exploration permit must be reduced—\nby 50% of the area of the permit, as stated under section 137A (d) when the permit was granted, by the day that is 5 years after the grant of the permit; and\nby 50% of the area remaining after the reduction under paragraph (a) by the day that is 10 years after the grant of the permit.\nThe area remaining after the reduction must consist of whole sub-blocks.\nSee, however, section 10AAB (3) if land in the exploration permit is taken under a resumption law.\nIf the holder reduces the area of an exploration permit under section 140 or 177 during a period mentioned in subsection (1) , the reduction under section 140 or 177 may be counted towards the reduction required under subsection (1) for the period.\nDespite subsection (1) , the Minister may direct the holder of an exploration permit to reduce the area of the permit by more or less than the area required under subsection (1) if the Minister considers it necessary because of—\nan exceptional event affecting the permit; or\ncircumstances arising from the permit forming part of an exploration project.\nThe holder of an exploration permit must, within 3 months before the day mentioned in subsection (1) , make a submission to the chief executive identifying the sub-blocks of land to which the exploration permit will apply after the reduction under subsection (1) .\nFor other relevant provisions about making a submission, see section 386O .\nIf a submission made in accordance with subsection (5) proposes a reduction of the area of the exploration permit and the reduction complies with subsection (1) , then on and from the date when the area is to be reduced, the exploration permit shall apply only in respect of the land specified in the submission.\nIf a submission that is made for the purposes of subsection (5) is not made in accordance with subsection (5) or does not comply with subsection (1) , then the Minister may determine as the Minister considers reasonable that an exploration permit shall apply on and from the date of the Minister’s determination or the date when pursuant to subsection (1) the reduction should take effect, whichever is the later in respect of land specified in the Minister’s determination, and on and from that date the exploration permit shall apply only in respect of that land.\nIf the holder of an exploration permit fails to make a submission in accordance with subsection (5) the Minister may proceed as provided in subsection (7) or may cancel the exploration permit.\nCompensation is not payable for a reduction in the area of an exploration permit under this section.\ns 139 amd 1995 No. 21 s 39 ; 2000 No. 64 s 99 ; 2005 No. 8 s 14 ; 2012 No. 20 ss 55 , 173 , s 125 sch 1 , s 281 sch 2 ; 2019 No. 17 s 258\n(sec.139-ssec.1) The area of an exploration permit must be reduced— by 50% of the area of the permit, as stated under section 137A (d) when the permit was granted, by the day that is 5 years after the grant of the permit; and by 50% of the area remaining after the reduction under paragraph (a) by the day that is 10 years after the grant of the permit.\n(sec.139-ssec.2) The area remaining after the reduction must consist of whole sub-blocks. See, however, section 10AAB (3) if land in the exploration permit is taken under a resumption law.\n(sec.139-ssec.3) If the holder reduces the area of an exploration permit under section 140 or 177 during a period mentioned in subsection (1) , the reduction under section 140 or 177 may be counted towards the reduction required under subsection (1) for the period.\n(sec.139-ssec.4) Despite subsection (1) , the Minister may direct the holder of an exploration permit to reduce the area of the permit by more or less than the area required under subsection (1) if the Minister considers it necessary because of— an exceptional event affecting the permit; or circumstances arising from the permit forming part of an exploration project.\n(sec.139-ssec.5) The holder of an exploration permit must, within 3 months before the day mentioned in subsection (1) , make a submission to the chief executive identifying the sub-blocks of land to which the exploration permit will apply after the reduction under subsection (1) . For other relevant provisions about making a submission, see section 386O .\n(sec.139-ssec.6) If a submission made in accordance with subsection (5) proposes a reduction of the area of the exploration permit and the reduction complies with subsection (1) , then on and from the date when the area is to be reduced, the exploration permit shall apply only in respect of the land specified in the submission.\n(sec.139-ssec.7) If a submission that is made for the purposes of subsection (5) is not made in accordance with subsection (5) or does not comply with subsection (1) , then the Minister may determine as the Minister considers reasonable that an exploration permit shall apply on and from the date of the Minister’s determination or the date when pursuant to subsection (1) the reduction should take effect, whichever is the later in respect of land specified in the Minister’s determination, and on and from that date the exploration permit shall apply only in respect of that land.\n(sec.139-ssec.8) If the holder of an exploration permit fails to make a submission in accordance with subsection (5) the Minister may proceed as provided in subsection (7) or may cancel the exploration permit.\n(sec.139-ssec.9) Compensation is not payable for a reduction in the area of an exploration permit under this section.\n- (a) by 50% of the area of the permit, as stated under section 137A (d) when the permit was granted, by the day that is 5 years after the grant of the permit; and\n- (b) by 50% of the area remaining after the reduction under paragraph (a) by the day that is 10 years after the grant of the permit.\n- (a) an exceptional event affecting the permit; or\n- (b) circumstances arising from the permit forming part of an exploration project.","sortOrder":127},{"sectionNumber":"sec.139A","sectionType":"section","heading":"Periodic reduction deferred if higher tenure application undecided","content":"### sec.139A Periodic reduction deferred if higher tenure application undecided\n\nThis section applies if—\nthe holder of an exploration permit has made an application for a mineral development licence or mining lease in relation to an identified area (the higher tenure application ); and\nat the end of a period mentioned in section 139 (1) , the higher tenure application has not been decided.\nThe area of the permit is not required to be reduced under section 139 (1) by the identified area until—\nif the higher tenure application is granted—the day the tenure is granted; or\nif the higher tenure application is withdrawn or refused—20 business days after the day the application is withdrawn or refused.\nAlso, if the higher tenure application is withdrawn or refused, the holder of the permit may, before the end of the period of 20 business days mentioned in subsection (2) (b) , amend the holder’s submission under section 139 (5) to the chief executive.\nThe chief executive must consider an amended submission given under subsection (3) instead of any earlier submission made by the holder.\nIn this section—\nidentified area means the sub-blocks of land identified under section 139 (5) as the sub-blocks of land to which an exploration permit will not apply after a reduction required under section 139 (1) .\ns 139A ins 2019 No. 17 s 258A\n(sec.139A-ssec.1) This section applies if— the holder of an exploration permit has made an application for a mineral development licence or mining lease in relation to an identified area (the higher tenure application ); and at the end of a period mentioned in section 139 (1) , the higher tenure application has not been decided.\n(sec.139A-ssec.2) The area of the permit is not required to be reduced under section 139 (1) by the identified area until— if the higher tenure application is granted—the day the tenure is granted; or if the higher tenure application is withdrawn or refused—20 business days after the day the application is withdrawn or refused.\n(sec.139A-ssec.3) Also, if the higher tenure application is withdrawn or refused, the holder of the permit may, before the end of the period of 20 business days mentioned in subsection (2) (b) , amend the holder’s submission under section 139 (5) to the chief executive.\n(sec.139A-ssec.4) The chief executive must consider an amended submission given under subsection (3) instead of any earlier submission made by the holder.\n(sec.139A-ssec.5) In this section— identified area means the sub-blocks of land identified under section 139 (5) as the sub-blocks of land to which an exploration permit will not apply after a reduction required under section 139 (1) .\n- (a) the holder of an exploration permit has made an application for a mineral development licence or mining lease in relation to an identified area (the higher tenure application ); and\n- (b) at the end of a period mentioned in section 139 (1) , the higher tenure application has not been decided.\n- (a) if the higher tenure application is granted—the day the tenure is granted; or\n- (b) if the higher tenure application is withdrawn or refused—20 business days after the day the application is withdrawn or refused.","sortOrder":128},{"sectionNumber":"sec.140","sectionType":"section","heading":"Voluntary reduction in area of exploration permit","content":"### sec.140 Voluntary reduction in area of exploration permit\n\nIn addition to the requirement under section 139 to reduce the area of an exploration permit, the holder of the permit may, at any time during its term, make a submission to the chief executive—\nvoluntarily reducing the area of the permit; and\nidentifying the sub-blocks of land to which the holder no longer wants the permit to apply.\nThe area remaining after the reduction must consist of whole sub-blocks.\nSee, however, section 10AAB (3) if land in the exploration permit is taken under a resumption law.\nThe Minister may approve the reduction, with or without conditions, or refuse the reduction.\nIf the Minister approves the reduction, the Minister must give the holder a written notice stating—\nthe reduction is approved; and\nthe date of the approval; and\nif the Minister decides to approve the reduction on conditions—the conditions and reasons for the decision.\nIf the Minister refuses the reduction, the Minister must give the holder a written notice stating the reasons for the decision.\nThe reduction takes effect on the date it is approved.\nCompensation is not payable for the reduction.\ns 140 ins 1995 No. 21 s 40\namd 2000 No. 64 s 100\nsub 2005 No. 8 s 15\namd 2012 No. 20 ss 56 , 125 sch 1 , s 281 sch 2\nom 2014 No. 47 s 482\n(sec.140-ssec.1) In addition to the requirement under section 139 to reduce the area of an exploration permit, the holder of the permit may, at any time during its term, make a submission to the chief executive— voluntarily reducing the area of the permit; and identifying the sub-blocks of land to which the holder no longer wants the permit to apply.\n(sec.140-ssec.2) The area remaining after the reduction must consist of whole sub-blocks. See, however, section 10AAB (3) if land in the exploration permit is taken under a resumption law.\n(sec.140-ssec.3) The Minister may approve the reduction, with or without conditions, or refuse the reduction.\n(sec.140-ssec.4) If the Minister approves the reduction, the Minister must give the holder a written notice stating— the reduction is approved; and the date of the approval; and if the Minister decides to approve the reduction on conditions—the conditions and reasons for the decision.\n(sec.140-ssec.5) If the Minister refuses the reduction, the Minister must give the holder a written notice stating the reasons for the decision.\n(sec.140-ssec.6) The reduction takes effect on the date it is approved.\n(sec.140-ssec.7) Compensation is not payable for the reduction.\n- (a) voluntarily reducing the area of the permit; and\n- (b) identifying the sub-blocks of land to which the holder no longer wants the permit to apply.\n- (a) the reduction is approved; and\n- (b) the date of the approval; and\n- (c) if the Minister decides to approve the reduction on conditions—the conditions and reasons for the decision.","sortOrder":129},{"sectionNumber":"sec.140A","sectionType":"section","heading":null,"content":"### Section sec.140A\n\ns 140A ins 2010 No. 52 s 30\nom 2014 No. 47 s 482","sortOrder":130},{"sectionNumber":"sec.141","sectionType":"section","heading":"Conditions of exploration permit","content":"### sec.141 Conditions of exploration permit\n\nEach exploration permit shall be subject to—\na condition that the holder must—\ncomply with the mandatory provisions of the land access code and the small scale mining code to the extent the codes apply to the holder; and\nensure any other person carrying out an authorised activity for the exploration permit complies with the mandatory provisions of the land access code and the small scale mining code; and\na condition that the holder must—\nif the work program approved by the Minister for the term of the permit states the activities to be carried out during the term—carry out the activities to the extent reasonable in all of the circumstances; and\nif the work program approved by the Minister for the term of the permit states the outcomes to be pursued during the term—pursue the outcomes to the extent reasonable in all of the circumstances; and\na condition that the holder must carry out improvement restoration for the exploration permit; and\na condition that the holder prior to the termination for whatever cause of the exploration permit shall remove all equipment and plant on or in the area of the exploration permit unless otherwise authorised by the Minister; and\na condition that without the prior approval in writing of the Minister the holder shall not obstruct or interfere with any right of access had at any time during the term of the exploration permit by any person in respect of the area of the exploration permit for so long as that right of access is exercised; and\na condition that the holder must give the Minister, in the way prescribed by regulation, the reports, returns, documents and statements required to be given to the Minister under a regulation; and\na condition that the holder must, when the Minister directs, give the Minister the following things in the way and within the period prescribed by regulation—\na report about the exploration permit, in addition to any report mentioned in paragraph (e) ;\na sample of stated materials that were obtained because of the holder’s activities under the exploration permit; and\nFor other relevant provisions about giving a document to the Minister, see section 386O .\na condition that the holder—\nshall pay the rental as prescribed; and\nshall deposit as required by the Minister any security from time to time under this Act; and\na condition that the holder shall comply with this Act and other mining legislation; and\nsuch other conditions as are prescribed; and\nsuch other conditions as are determined by the Minister.\nThe holder of an exploration permit and all persons acting under the authority of the permit shall comply with the conditions for the time being of the permit.\nConditions may be imposed in respect of an exploration permit that require compliance with specified codes.\nDespite subsections (1) and (5) , a condition must not be determined, imposed, prescribed or varied if the condition, or the condition as varied, is the same, or substantially the same, or inconsistent with, a relevant environmental condition for the exploration permit.\ns 141 amd 1990 No. 30 s 13 ; 1995 No. 21 s 41 ; 2000 No. 64 ss 101 , 174 sch ; 2005 No. 8 s 16 ; 2006 No. 59 s 49 ; 2008 No. 33 s 88 ; 2008 No. 56 s 34 ; 2010 No. 31 s 452 ; 2012 No. 20 ss 174 , 125 sch 1 , s 281 sch 2 (amd 2013 No. 10 s 158 (1)); 2013 No. 10 s 109 ; 2014 No. 40 s 114 ; 2014 No. 47 s 483 ; 2018 No. 24 s 91 ; 2019 No. 17 s 259\n(sec.141-ssec.1) Each exploration permit shall be subject to— a condition that the holder must— comply with the mandatory provisions of the land access code and the small scale mining code to the extent the codes apply to the holder; and ensure any other person carrying out an authorised activity for the exploration permit complies with the mandatory provisions of the land access code and the small scale mining code; and a condition that the holder must— if the work program approved by the Minister for the term of the permit states the activities to be carried out during the term—carry out the activities to the extent reasonable in all of the circumstances; and if the work program approved by the Minister for the term of the permit states the outcomes to be pursued during the term—pursue the outcomes to the extent reasonable in all of the circumstances; and a condition that the holder must carry out improvement restoration for the exploration permit; and a condition that the holder prior to the termination for whatever cause of the exploration permit shall remove all equipment and plant on or in the area of the exploration permit unless otherwise authorised by the Minister; and a condition that without the prior approval in writing of the Minister the holder shall not obstruct or interfere with any right of access had at any time during the term of the exploration permit by any person in respect of the area of the exploration permit for so long as that right of access is exercised; and a condition that the holder must give the Minister, in the way prescribed by regulation, the reports, returns, documents and statements required to be given to the Minister under a regulation; and a condition that the holder must, when the Minister directs, give the Minister the following things in the way and within the period prescribed by regulation— a report about the exploration permit, in addition to any report mentioned in paragraph (e) ; a sample of stated materials that were obtained because of the holder’s activities under the exploration permit; and For other relevant provisions about giving a document to the Minister, see section 386O . a condition that the holder— shall pay the rental as prescribed; and shall deposit as required by the Minister any security from time to time under this Act; and a condition that the holder shall comply with this Act and other mining legislation; and such other conditions as are prescribed; and such other conditions as are determined by the Minister.\n(sec.141-ssec.4) The holder of an exploration permit and all persons acting under the authority of the permit shall comply with the conditions for the time being of the permit.\n(sec.141-ssec.5) Conditions may be imposed in respect of an exploration permit that require compliance with specified codes.\n(sec.141-ssec.6) Despite subsections (1) and (5) , a condition must not be determined, imposed, prescribed or varied if the condition, or the condition as varied, is the same, or substantially the same, or inconsistent with, a relevant environmental condition for the exploration permit.\n- (aa) a condition that the holder must— (i) comply with the mandatory provisions of the land access code and the small scale mining code to the extent the codes apply to the holder; and (ii) ensure any other person carrying out an authorised activity for the exploration permit complies with the mandatory provisions of the land access code and the small scale mining code; and\n- (i) comply with the mandatory provisions of the land access code and the small scale mining code to the extent the codes apply to the holder; and\n- (ii) ensure any other person carrying out an authorised activity for the exploration permit complies with the mandatory provisions of the land access code and the small scale mining code; and\n- (a) a condition that the holder must— (i) if the work program approved by the Minister for the term of the permit states the activities to be carried out during the term—carry out the activities to the extent reasonable in all of the circumstances; and (ii) if the work program approved by the Minister for the term of the permit states the outcomes to be pursued during the term—pursue the outcomes to the extent reasonable in all of the circumstances; and\n- (i) if the work program approved by the Minister for the term of the permit states the activities to be carried out during the term—carry out the activities to the extent reasonable in all of the circumstances; and\n- (ii) if the work program approved by the Minister for the term of the permit states the outcomes to be pursued during the term—pursue the outcomes to the extent reasonable in all of the circumstances; and\n- (b) a condition that the holder must carry out improvement restoration for the exploration permit; and\n- (c) a condition that the holder prior to the termination for whatever cause of the exploration permit shall remove all equipment and plant on or in the area of the exploration permit unless otherwise authorised by the Minister; and\n- (d) a condition that without the prior approval in writing of the Minister the holder shall not obstruct or interfere with any right of access had at any time during the term of the exploration permit by any person in respect of the area of the exploration permit for so long as that right of access is exercised; and\n- (e) a condition that the holder must give the Minister, in the way prescribed by regulation, the reports, returns, documents and statements required to be given to the Minister under a regulation; and\n- (f) a condition that the holder must, when the Minister directs, give the Minister the following things in the way and within the period prescribed by regulation— (i) a report about the exploration permit, in addition to any report mentioned in paragraph (e) ; (ii) a sample of stated materials that were obtained because of the holder’s activities under the exploration permit; and Note— For other relevant provisions about giving a document to the Minister, see section 386O .\n- (i) a report about the exploration permit, in addition to any report mentioned in paragraph (e) ;\n- (ii) a sample of stated materials that were obtained because of the holder’s activities under the exploration permit; and\n- (g) a condition that the holder— (i) shall pay the rental as prescribed; and (ii) shall deposit as required by the Minister any security from time to time under this Act; and\n- (i) shall pay the rental as prescribed; and\n- (ii) shall deposit as required by the Minister any security from time to time under this Act; and\n- (h) a condition that the holder shall comply with this Act and other mining legislation; and\n- (i) such other conditions as are prescribed; and\n- (j) such other conditions as are determined by the Minister.\n- (i) comply with the mandatory provisions of the land access code and the small scale mining code to the extent the codes apply to the holder; and\n- (ii) ensure any other person carrying out an authorised activity for the exploration permit complies with the mandatory provisions of the land access code and the small scale mining code; and\n- (i) if the work program approved by the Minister for the term of the permit states the activities to be carried out during the term—carry out the activities to the extent reasonable in all of the circumstances; and\n- (ii) if the work program approved by the Minister for the term of the permit states the outcomes to be pursued during the term—pursue the outcomes to the extent reasonable in all of the circumstances; and\n- (i) a report about the exploration permit, in addition to any report mentioned in paragraph (e) ;\n- (ii) a sample of stated materials that were obtained because of the holder’s activities under the exploration permit; and\n- (i) shall pay the rental as prescribed; and\n- (ii) shall deposit as required by the Minister any security from time to time under this Act; and","sortOrder":131},{"sectionNumber":"sec.141A","sectionType":"section","heading":"Amendment of conditions by Minister if exceptional event","content":"### sec.141A Amendment of conditions by Minister if exceptional event\n\nThis section applies if the Minister considers the conditions of an exploration permit must be amended because of an exceptional event affecting the permit.\nThe Minister may amend the permit by imposing a condition on, or varying or removing a condition of, the permit without application from the holder.\nThe amendment takes effect 10 business days after the holder is given the notice or, if the notice states a later day of effect, the later day.\nThis section does not limit section 141 (1) (j) .\ns 141A ins 2019 No. 17 s 260\n(sec.141A-ssec.1) This section applies if the Minister considers the conditions of an exploration permit must be amended because of an exceptional event affecting the permit.\n(sec.141A-ssec.2) The Minister may amend the permit by imposing a condition on, or varying or removing a condition of, the permit without application from the holder.\n(sec.141A-ssec.3) The amendment takes effect 10 business days after the holder is given the notice or, if the notice states a later day of effect, the later day.\n(sec.141A-ssec.4) This section does not limit section 141 (1) (j) .","sortOrder":132},{"sectionNumber":"sec.141AA","sectionType":"section","heading":"Additional conditions of exploration permit relating to native title","content":"### sec.141AA Additional conditions of exploration permit relating to native title\n\nConditions determined for an exploration permit by the Minister under section 141 (1) (j) may include native title protection conditions for the permit.\nSubsection (1) does not limit section 141 (1) (j) .\nIn this section—\nnative title protection conditions , for an exploration permit, means conditions that—\nare about ways of minimising the impact of the permit on native title in relation to the land affected by the permit, including ways of accessing the land and ways anything authorised under the permit may be done; and\nare identified in the permit as native title protection conditions for the permit.\ns 141AA ins 2003 No. 10 s 33\n(sec.141AA-ssec.1) Conditions determined for an exploration permit by the Minister under section 141 (1) (j) may include native title protection conditions for the permit.\n(sec.141AA-ssec.2) Subsection (1) does not limit section 141 (1) (j) .\n(sec.141AA-ssec.3) In this section— native title protection conditions , for an exploration permit, means conditions that— are about ways of minimising the impact of the permit on native title in relation to the land affected by the permit, including ways of accessing the land and ways anything authorised under the permit may be done; and are identified in the permit as native title protection conditions for the permit.\n- (a) are about ways of minimising the impact of the permit on native title in relation to the land affected by the permit, including ways of accessing the land and ways anything authorised under the permit may be done; and\n- (b) are identified in the permit as native title protection conditions for the permit.","sortOrder":133},{"sectionNumber":"sec.141A-oc.2","sectionType":"section","heading":null,"content":"### Section sec.141A-oc.2\n\ns 141A ins 1999 No. 35 s 26\namd 2000 No. 36 s 18 sch 1 ; 2012 No. 20 s 323 sch 3\nom 2014 No. 47 s 470","sortOrder":134},{"sectionNumber":"sec.141B","sectionType":"section","heading":"Other agreement conditions","content":"### sec.141B Other agreement conditions\n\nThis section applies if—\na registered indigenous land use agreement under the Commonwealth Native Title Act , or an agreement mentioned in section 31 (1) (b) of the Commonwealth Native Title Act , provides for the grant, renewal or variation of, or another act concerning, an exploration permit; and\nthe State is a party to the agreement; and\nthe agreement includes a requirement that, if the act is done, the exploration permit must be subject to conditions stated in the agreement (the stated conditions ); and\nthe act is done.\nThe exploration permit is subject to the stated conditions.\ns 141B ins 1999 No. 35 s 26\namd 2000 No. 36 s 18 sch 1\n(sec.141B-ssec.1) This section applies if— a registered indigenous land use agreement under the Commonwealth Native Title Act , or an agreement mentioned in section 31 (1) (b) of the Commonwealth Native Title Act , provides for the grant, renewal or variation of, or another act concerning, an exploration permit; and the State is a party to the agreement; and the agreement includes a requirement that, if the act is done, the exploration permit must be subject to conditions stated in the agreement (the stated conditions ); and the act is done.\n(sec.141B-ssec.2) The exploration permit is subject to the stated conditions.\n- (a) a registered indigenous land use agreement under the Commonwealth Native Title Act , or an agreement mentioned in section 31 (1) (b) of the Commonwealth Native Title Act , provides for the grant, renewal or variation of, or another act concerning, an exploration permit; and\n- (b) the State is a party to the agreement; and\n- (c) the agreement includes a requirement that, if the act is done, the exploration permit must be subject to conditions stated in the agreement (the stated conditions ); and\n- (d) the act is done.","sortOrder":135},{"sectionNumber":"sec.141BA","sectionType":"section","heading":"Power to impose or amend condition if changed holder of exploration permit","content":"### sec.141BA Power to impose or amend condition if changed holder of exploration permit\n\nThis section applies if 1 of the following changes happens—\nan entity starts or stops controlling the holder of an exploration permit under the Corporations Act , section 50AA ;\nthe holder of an exploration permit starts or stops being a subsidiary of a corporation under the Corporations Act , section 46 .\nThe Minister may consider whether, after the change, the holder of the exploration permit has the financial and technical resources to comply with the conditions of the exploration permit.\nIf the Minister considers the holder of the exploration permit may not have the financial and technical resources to comply with conditions of the exploration permit, the Minister may impose another condition on, or amend a condition of, the exploration permit.\nIf the Minister believes a change mentioned in subsection (1) may have happened, the Minister may require the holder of the exploration permit to give the Minister information or a document about whether or not the change has happened.\nBefore deciding to impose another condition on, or amend a condition of, the exploration permit under subsection (3) , the Minister may require the holder of the exploration permit to give the Minister information or a document the Minister requires to make the decision.\nA requirement under subsection (4) or (5) must—\nbe made by notice given to the holder; and\nstate a period of at least 10 business days within which the holder must comply with the requirement.\nBefore deciding to impose another condition on, or amend a condition of, the exploration permit under subsection (3) , the Minister must give the holder of the permit a notice stating—\nthe proposed decision; and\nthe reasons for the proposed decision; and\nthat the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.\nThe Minister may extend the period mentioned in subsection (6) (b) or (7) (c) by notice given to the holder of the exploration permit.\nIn deciding whether to impose another condition on, or amend a condition of, the exploration permit under subsection (3) , the Minister—\nmust consider information or a document, if any, given under subsection (6) (b) or (7) (c) ; and\nmay consider any other matter the Minister considers relevant.\nIf the Minister decides to impose another condition on, or amend a condition of, the exploration permit under subsection (3) , the Minister must, as soon as practicable after making the decision, give the holder a notice stating the decision and the reasons for the decision.\ns 141BA ins 2020 No. 14 s 117\n(sec.141BA-ssec.1) This section applies if 1 of the following changes happens— an entity starts or stops controlling the holder of an exploration permit under the Corporations Act , section 50AA ; the holder of an exploration permit starts or stops being a subsidiary of a corporation under the Corporations Act , section 46 .\n(sec.141BA-ssec.2) The Minister may consider whether, after the change, the holder of the exploration permit has the financial and technical resources to comply with the conditions of the exploration permit.\n(sec.141BA-ssec.3) If the Minister considers the holder of the exploration permit may not have the financial and technical resources to comply with conditions of the exploration permit, the Minister may impose another condition on, or amend a condition of, the exploration permit.\n(sec.141BA-ssec.4) If the Minister believes a change mentioned in subsection (1) may have happened, the Minister may require the holder of the exploration permit to give the Minister information or a document about whether or not the change has happened.\n(sec.141BA-ssec.5) Before deciding to impose another condition on, or amend a condition of, the exploration permit under subsection (3) , the Minister may require the holder of the exploration permit to give the Minister information or a document the Minister requires to make the decision.\n(sec.141BA-ssec.6) A requirement under subsection (4) or (5) must— be made by notice given to the holder; and state a period of at least 10 business days within which the holder must comply with the requirement.\n(sec.141BA-ssec.7) Before deciding to impose another condition on, or amend a condition of, the exploration permit under subsection (3) , the Minister must give the holder of the permit a notice stating— the proposed decision; and the reasons for the proposed decision; and that the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.\n(sec.141BA-ssec.8) The Minister may extend the period mentioned in subsection (6) (b) or (7) (c) by notice given to the holder of the exploration permit.\n(sec.141BA-ssec.9) In deciding whether to impose another condition on, or amend a condition of, the exploration permit under subsection (3) , the Minister— must consider information or a document, if any, given under subsection (6) (b) or (7) (c) ; and may consider any other matter the Minister considers relevant.\n(sec.141BA-ssec.10) If the Minister decides to impose another condition on, or amend a condition of, the exploration permit under subsection (3) , the Minister must, as soon as practicable after making the decision, give the holder a notice stating the decision and the reasons for the decision.\n- (a) an entity starts or stops controlling the holder of an exploration permit under the Corporations Act , section 50AA ;\n- (b) the holder of an exploration permit starts or stops being a subsidiary of a corporation under the Corporations Act , section 46 .\n- (a) be made by notice given to the holder; and\n- (b) state a period of at least 10 business days within which the holder must comply with the requirement.\n- (a) the proposed decision; and\n- (b) the reasons for the proposed decision; and\n- (c) that the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.\n- (a) must consider information or a document, if any, given under subsection (6) (b) or (7) (c) ; and\n- (b) may consider any other matter the Minister considers relevant.","sortOrder":136},{"sectionNumber":"sec.141C","sectionType":"section","heading":"Application to vary conditions of existing permit","content":"### sec.141C Application to vary conditions of existing permit\n\nThis section applies if a variation of the conditions of an exploration permit (the existing permit ) is necessary because of—\nan exceptional event affecting the existing permit; or\ncircumstances arising from the existing permit forming part of an exploration project.\nThe holder of the existing permit may apply to the Minister for a variation of the conditions of the permit.\nThe provisions of this chapter apply, with necessary changes, to an application under subsection (1) as if it were an application under section 133 .\nThe Minister may decide to vary, or refuse to vary, the conditions of the existing permit.\nThe Minister may decide to vary the conditions of the existing permit only if the Minister is satisfied the variation is necessary under subsection (1) .\nHowever, without limiting subsection (3) , in deciding the application, the Minister may—\nvary the conditions of the existing permit by imposing conditions under section 141 (1) (j) in addition to any conditions that apply under the existing permit; and\nfix an amount of security to be deposited under section 144 in addition to any security for the existing permit.\nSubsections (3) and (6) apply in relation to an exploration permit for coal despite section 130A .\nThe chief executive must record in the register the details of any varied conditions applying to the existing permit, including any conditions imposed as mentioned in subsection (6) (a) .\ns 141C ins 1999 No. 35 s 26\namd 2000 No. 64 s 174 sch ; 2008 No. 56 s 35 ; 2012 No. 20 s 281 sch 2 , s 323 sch 3 ; 2013 No. 10 s 53 ; 2018 No. 24 s 92 ; 2019 No. 17 s 261\n(sec.141C-ssec.1) This section applies if a variation of the conditions of an exploration permit (the existing permit ) is necessary because of— an exceptional event affecting the existing permit; or circumstances arising from the existing permit forming part of an exploration project.\n(sec.141C-ssec.2) The holder of the existing permit may apply to the Minister for a variation of the conditions of the permit.\n(sec.141C-ssec.3) The provisions of this chapter apply, with necessary changes, to an application under subsection (1) as if it were an application under section 133 .\n(sec.141C-ssec.4) The Minister may decide to vary, or refuse to vary, the conditions of the existing permit.\n(sec.141C-ssec.5) The Minister may decide to vary the conditions of the existing permit only if the Minister is satisfied the variation is necessary under subsection (1) .\n(sec.141C-ssec.6) However, without limiting subsection (3) , in deciding the application, the Minister may— vary the conditions of the existing permit by imposing conditions under section 141 (1) (j) in addition to any conditions that apply under the existing permit; and fix an amount of security to be deposited under section 144 in addition to any security for the existing permit.\n(sec.141C-ssec.7) Subsections (3) and (6) apply in relation to an exploration permit for coal despite section 130A .\n(sec.141C-ssec.8) The chief executive must record in the register the details of any varied conditions applying to the existing permit, including any conditions imposed as mentioned in subsection (6) (a) .\n- (a) an exceptional event affecting the existing permit; or\n- (b) circumstances arising from the existing permit forming part of an exploration project.\n- (a) vary the conditions of the existing permit by imposing conditions under section 141 (1) (j) in addition to any conditions that apply under the existing permit; and\n- (b) fix an amount of security to be deposited under section 144 in addition to any security for the existing permit.","sortOrder":137},{"sectionNumber":"sec.142","sectionType":"section","heading":null,"content":"### Section sec.142\n\ns 142 ins 1995 No. 21 s 42\nom 2000 No. 64 s 102","sortOrder":138},{"sectionNumber":"sec.143","sectionType":"section","heading":null,"content":"### Section sec.143\n\ns 143 ins 1995 No. 21 s 42\nom 2000 No. 64 s 102","sortOrder":139},{"sectionNumber":"sec.144","sectionType":"section","heading":"Provision of security","content":"### sec.144 Provision of security\n\nBefore an exploration permit is granted or renewed or a condition of the permit is varied, the Minister, taking into consideration the work program approved for the term, or further term, of the permit, must determine the amount of the security to be deposited by the holder of that permit as reasonable security for—\ncompliance with the conditions of the exploration permit; and\ncompliance with the provisions of this Act; and\nrectification of any actual damage that may be caused by any person whilst purporting to act under the authority of the exploration permit to pre-existing improvements for the exploration permit; and\namounts (other than penalties) payable to the State under this Act.\nA person who holds more than 1 exploration permit may elect to deposit a single amount of security for all exploration permits held by the person.\nThe Minister is to decide the amount of security to be deposited under subsection (2) .\nAn exploration permit must not be granted or renewed, and a condition of an exploration permit must not be varied, until the applicant for the grant, renewal or variation deposits the security decided under this section.\nIf the Minister is satisfied—\na condition of an exploration permit has not been complied with; or\na provision of this Act has not been complied with in relation to an exploration permit; or\nsomeone claiming to act under an exploration permit, or to have entered land on the permit holder’s instructions, caused damage mentioned in subsection (1) (c) ;\nthe Minister may require the permit holder to take the steps necessary to stop the noncompliance or repair the damage.\nAlso, the Minister may use any of the security deposited by the holder to stop the noncompliance or repair the damage.\nSubsections (5) and (6) do not apply if the holder satisfies the Minister that the person responsible for the noncompliance or damage was not on the land with the holder’s approval or on the holder’s instructions when the noncompliance or damage happened.\nIf, at any time (whether during or within 20 business days after the expiration of the term of an exploration permit) the amount or any part of the amount deposited under this section is utilised as provided by subsection (5) or (6) or the Minister considers that, in view of the damage caused or likely to be caused by any person purporting to act under the authority of the exploration permit or upon the instruction of the holder or for any other reason, a further amount of security should be deposited in respect of that exploration permit, the Minister shall require the holder or former holder of the exploration permit, within the time specified by the Minister, to deposit the further specified security.\nThe Minister may accept a bond or a guarantee or indemnity by, or other financial arrangement with, a financial institution, insurance company or another credit provider approved by the Minister or other form of security acceptable to the Minister as the whole or part of the security to be deposited under this section.\nIt shall be a condition of an exploration permit that the holder shall deposit security or further security from time to time in accordance with a requirement made as provided by this section.\nSubject to subsections (13) and (14) , if an exploration permit terminates, the Minister may, not earlier than 6 months after the termination, refund to the permit holder the amount of security deposited for the permit and not used after deducting the amounts the Minister considers should be kept towards—\nremedying anything caused by noncompliance with the conditions of the permit or an order or direction given by the Minister to the permit holder; and\namounts (other than penalties) the holder owes to the State under this Act (whether they become owing before or after the termination).\nIf the Minister accepts a bond, guarantee or indemnity by, or another financial arrangement with, a financial institution, insurance company or credit provider as security under this section, any amount payable to the holder under subsection (11) must be refunded to the financial institution, insurance company or credit provider and not to the holder of the exploration permit to which the security relates.\nSubsection (11) does not apply to a person who elects to deposit security for all exploration permits held by the person if the person continues to hold an exploration permit for which the security is held.\nHowever, the Minister may, at the person’s written request, reduce the amount of security held for the person’s exploration permits to an amount decided by the Minister.\nIf the security deposited was money, an amount equal to the reduction is to be refunded to the person or in accordance with any written direction the holder gives to the chief executive.\ns 144 amd 1995 No. 21 s 43 ; 1997 No. 17 s 74 sch ; 1999 No. 35 s 27 ; 2000 No. 64 ss 103 , 174 sch ; 2005 No. 8 s 17 ; 2013 No. 10 s 193 sch 1 ; 2019 No. 17 s 262\n(sec.144-ssec.1) Before an exploration permit is granted or renewed or a condition of the permit is varied, the Minister, taking into consideration the work program approved for the term, or further term, of the permit, must determine the amount of the security to be deposited by the holder of that permit as reasonable security for— compliance with the conditions of the exploration permit; and compliance with the provisions of this Act; and rectification of any actual damage that may be caused by any person whilst purporting to act under the authority of the exploration permit to pre-existing improvements for the exploration permit; and amounts (other than penalties) payable to the State under this Act.\n(sec.144-ssec.2) A person who holds more than 1 exploration permit may elect to deposit a single amount of security for all exploration permits held by the person.\n(sec.144-ssec.3) The Minister is to decide the amount of security to be deposited under subsection (2) .\n(sec.144-ssec.4) An exploration permit must not be granted or renewed, and a condition of an exploration permit must not be varied, until the applicant for the grant, renewal or variation deposits the security decided under this section.\n(sec.144-ssec.5) If the Minister is satisfied— a condition of an exploration permit has not been complied with; or a provision of this Act has not been complied with in relation to an exploration permit; or someone claiming to act under an exploration permit, or to have entered land on the permit holder’s instructions, caused damage mentioned in subsection (1) (c) ; the Minister may require the permit holder to take the steps necessary to stop the noncompliance or repair the damage.\n(sec.144-ssec.6) Also, the Minister may use any of the security deposited by the holder to stop the noncompliance or repair the damage.\n(sec.144-ssec.7) Subsections (5) and (6) do not apply if the holder satisfies the Minister that the person responsible for the noncompliance or damage was not on the land with the holder’s approval or on the holder’s instructions when the noncompliance or damage happened.\n(sec.144-ssec.8) If, at any time (whether during or within 20 business days after the expiration of the term of an exploration permit) the amount or any part of the amount deposited under this section is utilised as provided by subsection (5) or (6) or the Minister considers that, in view of the damage caused or likely to be caused by any person purporting to act under the authority of the exploration permit or upon the instruction of the holder or for any other reason, a further amount of security should be deposited in respect of that exploration permit, the Minister shall require the holder or former holder of the exploration permit, within the time specified by the Minister, to deposit the further specified security.\n(sec.144-ssec.9) The Minister may accept a bond or a guarantee or indemnity by, or other financial arrangement with, a financial institution, insurance company or another credit provider approved by the Minister or other form of security acceptable to the Minister as the whole or part of the security to be deposited under this section.\n(sec.144-ssec.10) It shall be a condition of an exploration permit that the holder shall deposit security or further security from time to time in accordance with a requirement made as provided by this section.\n(sec.144-ssec.11) Subject to subsections (13) and (14) , if an exploration permit terminates, the Minister may, not earlier than 6 months after the termination, refund to the permit holder the amount of security deposited for the permit and not used after deducting the amounts the Minister considers should be kept towards— remedying anything caused by noncompliance with the conditions of the permit or an order or direction given by the Minister to the permit holder; and amounts (other than penalties) the holder owes to the State under this Act (whether they become owing before or after the termination).\n(sec.144-ssec.12) If the Minister accepts a bond, guarantee or indemnity by, or another financial arrangement with, a financial institution, insurance company or credit provider as security under this section, any amount payable to the holder under subsection (11) must be refunded to the financial institution, insurance company or credit provider and not to the holder of the exploration permit to which the security relates.\n(sec.144-ssec.13) Subsection (11) does not apply to a person who elects to deposit security for all exploration permits held by the person if the person continues to hold an exploration permit for which the security is held.\n(sec.144-ssec.14) However, the Minister may, at the person’s written request, reduce the amount of security held for the person’s exploration permits to an amount decided by the Minister.\n(sec.144-ssec.15) If the security deposited was money, an amount equal to the reduction is to be refunded to the person or in accordance with any written direction the holder gives to the chief executive.\n- (a) compliance with the conditions of the exploration permit; and\n- (b) compliance with the provisions of this Act; and\n- (c) rectification of any actual damage that may be caused by any person whilst purporting to act under the authority of the exploration permit to pre-existing improvements for the exploration permit; and\n- (d) amounts (other than penalties) payable to the State under this Act.\n- (a) a condition of an exploration permit has not been complied with; or\n- (b) a provision of this Act has not been complied with in relation to an exploration permit; or\n- (c) someone claiming to act under an exploration permit, or to have entered land on the permit holder’s instructions, caused damage mentioned in subsection (1) (c) ;\n- (a) remedying anything caused by noncompliance with the conditions of the permit or an order or direction given by the Minister to the permit holder; and\n- (b) amounts (other than penalties) the holder owes to the State under this Act (whether they become owing before or after the termination).","sortOrder":140},{"sectionNumber":"sec.145","sectionType":"section","heading":null,"content":"### Section sec.145\n\ns 145 amd 1990 No. 30 s 14 ; 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch\nom 2010 No. 31 s 453","sortOrder":141},{"sectionNumber":"sec.146","sectionType":"section","heading":"Initial term of exploration permit","content":"### sec.146 Initial term of exploration permit\n\nUnless the Minister in the particular case otherwise determines the initial term of an exploration permit shall, unless the permit is sooner surrendered or cancelled, be for a period not exceeding 5 years commencing on the date specified in the permit (being a date not earlier than the date of grant of the permit).\ns 146 amd 2013 No. 10 s 54 ; 2019 No. 17 s 263","sortOrder":142},{"sectionNumber":"sec.147","sectionType":"section","heading":"Application for renewal of exploration permit","content":"### sec.147 Application for renewal of exploration permit\n\nThe holder of an exploration permit may, within the renewal period, apply to the chief executive for a renewal of the permit.\nThe application must be—\nmade in the approved form; and\naccompanied by the fee prescribed under a regulation; and\naccompanied by a proposed work program for the further term of the permit, if renewed.\nSubsection (4) applies if, after considering the proposed work program submitted under subsection (2) (c) , the Minister considers a work program of another type mentioned in section 130AA (1) is more appropriate for the exploration of the area of the permit, if renewed.\nBefore deciding the application, the Minister may, by written notice given to the applicant, require the applicant to give the Minister, within the reasonable period stated in the notice, a proposed work program of another type mentioned in section 130AA (1) for the further term of the permit, if renewed.\nIn this section—\nrenewal period means the period that is—\nat least 3 months, or any shorter period allowed by the Minister in the particular case, before the current term of the permit expires; and\nnot more than 6 months before the current term expires.\ns 147 amd 1995 No. 21 s 3 sch ; 1999 No. 35 s 28 ; 2000 No. 64 ss 104 , 174 sch\nsub 2005 No. 8 s 18\namd 2008 No. 33 s 89 ; 2019 No. 17 s 264\n(sec.147-ssec.1) The holder of an exploration permit may, within the renewal period, apply to the chief executive for a renewal of the permit.\n(sec.147-ssec.2) The application must be— made in the approved form; and accompanied by the fee prescribed under a regulation; and accompanied by a proposed work program for the further term of the permit, if renewed.\n(sec.147-ssec.3) Subsection (4) applies if, after considering the proposed work program submitted under subsection (2) (c) , the Minister considers a work program of another type mentioned in section 130AA (1) is more appropriate for the exploration of the area of the permit, if renewed.\n(sec.147-ssec.4) Before deciding the application, the Minister may, by written notice given to the applicant, require the applicant to give the Minister, within the reasonable period stated in the notice, a proposed work program of another type mentioned in section 130AA (1) for the further term of the permit, if renewed.\n(sec.147-ssec.5) In this section— renewal period means the period that is— at least 3 months, or any shorter period allowed by the Minister in the particular case, before the current term of the permit expires; and not more than 6 months before the current term expires.\n- (a) made in the approved form; and\n- (b) accompanied by the fee prescribed under a regulation; and\n- (c) accompanied by a proposed work program for the further term of the permit, if renewed.\n- (a) at least 3 months, or any shorter period allowed by the Minister in the particular case, before the current term of the permit expires; and\n- (b) not more than 6 months before the current term expires.","sortOrder":143},{"sectionNumber":"sec.147AA","sectionType":"section","heading":null,"content":"### Section sec.147AA\n\ns 147AA ins 2008 No. 33 s 90\namd 2008 No. 56 s 36\nom 2012 No. 20 s 175","sortOrder":144},{"sectionNumber":"sec.147A","sectionType":"section","heading":"Decision on application for renewal","content":"### sec.147A Decision on application for renewal\n\nThe Minister may renew an exploration permit if the Minister is satisfied of each of the following—\nthe holder of the permit has—\nobserved and performed all the covenants and conditions applying to the permit and required to be observed and performed by the holder; and\ncomplied with this Act in relation to the permit;\nthe activities proposed to be carried out, or the outcomes proposed to be pursued, as stated in the proposed work program for the further term of the permit, are appropriate and acceptable;\nthe financial and technical resources available to the holder to carry out the activities or pursue the outcomes mentioned in paragraph (b) are appropriate and acceptable;\nthe public interest will not be adversely affected by the renewal.\nThe renewal may be granted for the further term of not more than 5 years decided by the Minister.\nHowever, the total of the initial term and all renewed terms of an exploration permit must not be more than 15 years.\nThe renewed permit is subject to—\nany conditions prescribed under a regulation; and\nany conditions decided by the Minister.\nThe Minister may refuse to renew the permit if the Minister—\nhas served on the holder a notice in the approved form asking the holder to show cause, within the period stated in the notice, why the renewal should not be refused; and\nafter considering the holder’s response, is satisfied the renewal should be refused.\nAs soon as practicable after deciding the application for the renewal, the Minister must give the holder a written notice stating—\nthe decision; and\nif the decision is to grant the renewal on conditions, or to refuse the renewal, the reasons for the decision.\ns 147A ins 2005 No. 8 s 18\namd 2019 No. 17 s 265\n(sec.147A-ssec.1) The Minister may renew an exploration permit if the Minister is satisfied of each of the following— the holder of the permit has— observed and performed all the covenants and conditions applying to the permit and required to be observed and performed by the holder; and complied with this Act in relation to the permit; the activities proposed to be carried out, or the outcomes proposed to be pursued, as stated in the proposed work program for the further term of the permit, are appropriate and acceptable; the financial and technical resources available to the holder to carry out the activities or pursue the outcomes mentioned in paragraph (b) are appropriate and acceptable; the public interest will not be adversely affected by the renewal.\n(sec.147A-ssec.2) The renewal may be granted for the further term of not more than 5 years decided by the Minister.\n(sec.147A-ssec.3) However, the total of the initial term and all renewed terms of an exploration permit must not be more than 15 years.\n(sec.147A-ssec.4) The renewed permit is subject to— any conditions prescribed under a regulation; and any conditions decided by the Minister.\n(sec.147A-ssec.5) The Minister may refuse to renew the permit if the Minister— has served on the holder a notice in the approved form asking the holder to show cause, within the period stated in the notice, why the renewal should not be refused; and after considering the holder’s response, is satisfied the renewal should be refused.\n(sec.147A-ssec.6) As soon as practicable after deciding the application for the renewal, the Minister must give the holder a written notice stating— the decision; and if the decision is to grant the renewal on conditions, or to refuse the renewal, the reasons for the decision.\n- (a) the holder of the permit has— (i) observed and performed all the covenants and conditions applying to the permit and required to be observed and performed by the holder; and (ii) complied with this Act in relation to the permit;\n- (i) observed and performed all the covenants and conditions applying to the permit and required to be observed and performed by the holder; and\n- (ii) complied with this Act in relation to the permit;\n- (b) the activities proposed to be carried out, or the outcomes proposed to be pursued, as stated in the proposed work program for the further term of the permit, are appropriate and acceptable;\n- (c) the financial and technical resources available to the holder to carry out the activities or pursue the outcomes mentioned in paragraph (b) are appropriate and acceptable;\n- (d) the public interest will not be adversely affected by the renewal.\n- (i) observed and performed all the covenants and conditions applying to the permit and required to be observed and performed by the holder; and\n- (ii) complied with this Act in relation to the permit;\n- (a) any conditions prescribed under a regulation; and\n- (b) any conditions decided by the Minister.\n- (a) has served on the holder a notice in the approved form asking the holder to show cause, within the period stated in the notice, why the renewal should not be refused; and\n- (b) after considering the holder’s response, is satisfied the renewal should be refused.\n- (a) the decision; and\n- (b) if the decision is to grant the renewal on conditions, or to refuse the renewal, the reasons for the decision.","sortOrder":145},{"sectionNumber":"sec.147B","sectionType":"section","heading":null,"content":"### Section sec.147B\n\ns 147B ins 2005 No. 8 s 18\nom 2012 No. 20 s 281 sch 2","sortOrder":146},{"sectionNumber":"sec.147C","sectionType":"section","heading":"Continuation of permit while application being dealt with","content":"### sec.147C Continuation of permit while application being dealt with\n\nThis section applies to an application for renewal of an exploration permit if—\nthe application is not withdrawn, refused or granted before the permit’s expiry day ends; and\nafter the expiry day, the holder—\ncontinues to pay rental on the permit and other amounts required to be paid under this Act; and\notherwise complies with this Act and the permit conditions.\nIf the application is a properly made application, the permit continues in force subject to the rights, entitlements and obligations in effect immediately before the end of the expiry day until the application is withdrawn, refused or granted.\nIf the application is an outstanding request application, the permit continues in force subject to the rights, entitlements and obligations in effect immediately before the end of the expiry day until either of the following days, whichever happens first—\nthe application is withdrawn;\nthe period in which the action that must be taken under section 386K (1) ends.\nIn this section—\noutstanding request application , for renewal of an exploration permit, means an application—\nthat complies with section 147 (2) (a) and (b) , but does not comply with section 147 (2) (c) ; and\nfor which—\nthe chief executive has given a notice under section 386J (1) ; and\nthe period to comply with the notice under section 386K (1) ends after the permit expiry day; and\nthe notice has not been complied with.\nproperly made application , for renewal of an exploration permit, means an application that complies with all of section 147 (2) .\ns 147C ins 2005 No. 8 s 18\nsub 2008 No. 56 s 38\namd 2012 No. 20 s 176 ; 2019 No. 17 s 266\n(sec.147C-ssec.1) This section applies to an application for renewal of an exploration permit if— the application is not withdrawn, refused or granted before the permit’s expiry day ends; and after the expiry day, the holder— continues to pay rental on the permit and other amounts required to be paid under this Act; and otherwise complies with this Act and the permit conditions.\n(sec.147C-ssec.2) If the application is a properly made application, the permit continues in force subject to the rights, entitlements and obligations in effect immediately before the end of the expiry day until the application is withdrawn, refused or granted.\n(sec.147C-ssec.3) If the application is an outstanding request application, the permit continues in force subject to the rights, entitlements and obligations in effect immediately before the end of the expiry day until either of the following days, whichever happens first— the application is withdrawn; the period in which the action that must be taken under section 386K (1) ends.\n(sec.147C-ssec.4) In this section— outstanding request application , for renewal of an exploration permit, means an application— that complies with section 147 (2) (a) and (b) , but does not comply with section 147 (2) (c) ; and for which— the chief executive has given a notice under section 386J (1) ; and the period to comply with the notice under section 386K (1) ends after the permit expiry day; and the notice has not been complied with. properly made application , for renewal of an exploration permit, means an application that complies with all of section 147 (2) .\n- (a) the application is not withdrawn, refused or granted before the permit’s expiry day ends; and\n- (b) after the expiry day, the holder— (i) continues to pay rental on the permit and other amounts required to be paid under this Act; and (ii) otherwise complies with this Act and the permit conditions.\n- (i) continues to pay rental on the permit and other amounts required to be paid under this Act; and\n- (ii) otherwise complies with this Act and the permit conditions.\n- (i) continues to pay rental on the permit and other amounts required to be paid under this Act; and\n- (ii) otherwise complies with this Act and the permit conditions.\n- (a) the application is withdrawn;\n- (b) the period in which the action that must be taken under section 386K (1) ends.\n- (a) that complies with section 147 (2) (a) and (b) , but does not comply with section 147 (2) (c) ; and\n- (b) for which— (i) the chief executive has given a notice under section 386J (1) ; and (ii) the period to comply with the notice under section 386K (1) ends after the permit expiry day; and (iii) the notice has not been complied with.\n- (i) the chief executive has given a notice under section 386J (1) ; and\n- (ii) the period to comply with the notice under section 386K (1) ends after the permit expiry day; and\n- (iii) the notice has not been complied with.\n- (i) the chief executive has given a notice under section 386J (1) ; and\n- (ii) the period to comply with the notice under section 386K (1) ends after the permit expiry day; and\n- (iii) the notice has not been complied with.","sortOrder":147},{"sectionNumber":"sec.147CA","sectionType":"section","heading":"Application for extension of last renewed term of exploration permit","content":"### sec.147CA Application for extension of last renewed term of exploration permit\n\nThis section applies if—\nthe total of the initial term and all renewed terms of an exploration permit is not more than 15 years; and\nan exceptional event affecting the permit that occurred in the last renewed term of the exploration permit has prevented the holder of the permit from carrying out the work program approved for the last renewed term of the permit.\nThe holder of the exploration permit may, within the extension period, apply to the Minister for an extension of the last renewed term of the permit.\nThe application must be—\nmade in the approved form; and\naccompanied by—\na statement describing the exceptional event mentioned in subsection (1) (b) ; and\nthe fee prescribed by regulation.\nAn application under this section may not be made more than once.\nIn this section—\nextension period means the period that is—\nat least 3 months, or any shorter period allowed by the Minister in the particular case, before the last renewed term of the permit expires; and\nnot more than 6 months before the last renewed term of the permit expires.\ns 147CA ins 2019 No. 17 s 267\n(sec.147CA-ssec.1) This section applies if— the total of the initial term and all renewed terms of an exploration permit is not more than 15 years; and an exceptional event affecting the permit that occurred in the last renewed term of the exploration permit has prevented the holder of the permit from carrying out the work program approved for the last renewed term of the permit.\n(sec.147CA-ssec.2) The holder of the exploration permit may, within the extension period, apply to the Minister for an extension of the last renewed term of the permit.\n(sec.147CA-ssec.3) The application must be— made in the approved form; and accompanied by— a statement describing the exceptional event mentioned in subsection (1) (b) ; and the fee prescribed by regulation.\n(sec.147CA-ssec.4) An application under this section may not be made more than once.\n(sec.147CA-ssec.5) In this section— extension period means the period that is— at least 3 months, or any shorter period allowed by the Minister in the particular case, before the last renewed term of the permit expires; and not more than 6 months before the last renewed term of the permit expires.\n- (a) the total of the initial term and all renewed terms of an exploration permit is not more than 15 years; and\n- (b) an exceptional event affecting the permit that occurred in the last renewed term of the exploration permit has prevented the holder of the permit from carrying out the work program approved for the last renewed term of the permit.\n- (a) made in the approved form; and\n- (b) accompanied by— (i) a statement describing the exceptional event mentioned in subsection (1) (b) ; and (ii) the fee prescribed by regulation.\n- (i) a statement describing the exceptional event mentioned in subsection (1) (b) ; and\n- (ii) the fee prescribed by regulation.\n- (i) a statement describing the exceptional event mentioned in subsection (1) (b) ; and\n- (ii) the fee prescribed by regulation.\n- (a) at least 3 months, or any shorter period allowed by the Minister in the particular case, before the last renewed term of the permit expires; and\n- (b) not more than 6 months before the last renewed term of the permit expires.","sortOrder":148},{"sectionNumber":"sec.147CB","sectionType":"section","heading":"Decision on application for extension","content":"### sec.147CB Decision on application for extension\n\nThe Minister must decide to extend, or refuse to extend, the last renewed term of the exploration permit.\nThe Minister may decide to extend the last renewed term of the exploration permit only if the Minister is satisfied—\nan exceptional event affecting the permit that occurred in the last renewed term of the permit has prevented the holder of the permit from carrying out the work program approved for the last renewed term of the permit; and\nthe holder has otherwise complied with this Act in relation to the permit.\nThe extended term is the term of not more than 3 years decided by the Minister.\nThe work program approved for the last renewed term of the exploration permit applies for the extended term.\nThe last renewed term of an exploration permit may not be extended more than once.\ns 147CB ins 2019 No. 17 s 267\n(sec.147CB-ssec.1) The Minister must decide to extend, or refuse to extend, the last renewed term of the exploration permit.\n(sec.147CB-ssec.2) The Minister may decide to extend the last renewed term of the exploration permit only if the Minister is satisfied— an exceptional event affecting the permit that occurred in the last renewed term of the permit has prevented the holder of the permit from carrying out the work program approved for the last renewed term of the permit; and the holder has otherwise complied with this Act in relation to the permit.\n(sec.147CB-ssec.3) The extended term is the term of not more than 3 years decided by the Minister.\n(sec.147CB-ssec.4) The work program approved for the last renewed term of the exploration permit applies for the extended term.\n(sec.147CB-ssec.5) The last renewed term of an exploration permit may not be extended more than once.\n- (a) an exceptional event affecting the permit that occurred in the last renewed term of the permit has prevented the holder of the permit from carrying out the work program approved for the last renewed term of the permit; and\n- (b) the holder has otherwise complied with this Act in relation to the permit.","sortOrder":149},{"sectionNumber":"sec.147D","sectionType":"section","heading":"When term of renewed or extended permit starts","content":"### sec.147D When term of renewed or extended permit starts\n\nIf an exploration permit is renewed or extended before its expiry day ends, the term of the renewed or extended permit starts on the day after the expiry day.\nIf the permit is renewed or extended after the expiry day, the term of the renewed or extended permit is taken to have started on the day after the expiry day.\ns 147D ins 2005 No. 8 s 18\namd 2019 No. 17 s 268\n(sec.147D-ssec.1) If an exploration permit is renewed or extended before its expiry day ends, the term of the renewed or extended permit starts on the day after the expiry day.\n(sec.147D-ssec.2) If the permit is renewed or extended after the expiry day, the term of the renewed or extended permit is taken to have started on the day after the expiry day.","sortOrder":150},{"sectionNumber":"sec.147E","sectionType":"section","heading":"When new conditions of renewed permit start","content":"### sec.147E When new conditions of renewed permit start\n\nIf a renewed exploration permit is subject to conditions (the new conditions ) different from, or not included in, the permit conditions applying immediately before its renewal, the new conditions apply from the later of the following—\nthe start of the term of the renewed permit;\nthe day the renewal is granted.\nHowever, if the permit is continued in force under section 147C , the holder must pay rental on the permit from the day after its expiry day at the rate that would have been payable, from time to time, if the renewed exploration permit had been renewed on the day after the expiry day.\nSubsection (2) applies even though payment of rental may be a condition of the permit.\nIf the application for renewal of the permit is withdrawn or is refused, the chief executive must refund the overpaid rental to the applicant.\nIn this section—\noverpaid rental means the annual rental overpaid because of the withdrawal or refusal, worked out proportionately for the whole months remaining after the withdrawal or refusal until the end of the year for which the rental was paid.\ns 147E ins 2005 No. 8 s 18\n(sec.147E-ssec.1) If a renewed exploration permit is subject to conditions (the new conditions ) different from, or not included in, the permit conditions applying immediately before its renewal, the new conditions apply from the later of the following— the start of the term of the renewed permit; the day the renewal is granted.\n(sec.147E-ssec.2) However, if the permit is continued in force under section 147C , the holder must pay rental on the permit from the day after its expiry day at the rate that would have been payable, from time to time, if the renewed exploration permit had been renewed on the day after the expiry day.\n(sec.147E-ssec.3) Subsection (2) applies even though payment of rental may be a condition of the permit.\n(sec.147E-ssec.4) If the application for renewal of the permit is withdrawn or is refused, the chief executive must refund the overpaid rental to the applicant.\n(sec.147E-ssec.5) In this section— overpaid rental means the annual rental overpaid because of the withdrawal or refusal, worked out proportionately for the whole months remaining after the withdrawal or refusal until the end of the year for which the rental was paid.\n- (a) the start of the term of the renewed permit;\n- (b) the day the renewal is granted.","sortOrder":151},{"sectionNumber":"sec.147F","sectionType":"section","heading":"Renewal or extension of permit must be in name of last recorded transferee","content":"### sec.147F Renewal or extension of permit must be in name of last recorded transferee\n\nThis section applies if a transfer of an exploration permit is registered under the Common Provisions Act —\nafter the date on which an application for renewal or extension of the permit is made; and\nbefore the application is decided by the Minister.\nAny renewal or extension granted on the application must be in the name of the transferee under the last transfer registered before the grant of the renewal or extension.\ns 147F ins 2005 No. 8 s 18\namd 2012 No. 20 s 177 ; 2014 No. 47 s 355 ; 2019 No. 17 s 269\n(sec.147F-ssec.1) This section applies if a transfer of an exploration permit is registered under the Common Provisions Act — after the date on which an application for renewal or extension of the permit is made; and before the application is decided by the Minister.\n(sec.147F-ssec.2) Any renewal or extension granted on the application must be in the name of the transferee under the last transfer registered before the grant of the renewal or extension.\n- (a) after the date on which an application for renewal or extension of the permit is made; and\n- (b) before the application is decided by the Minister.","sortOrder":152},{"sectionNumber":"sec.148","sectionType":"section","heading":"Continuation of exploration permit if application for other tenure","content":"### sec.148 Continuation of exploration permit if application for other tenure\n\nThis section applies if—\nthe holder of an exploration permit makes an application for the grant of any of the following resource authorities in relation to the whole or part of the area of the exploration permit—\na mining claim;\na mining lease;\na mineral development licence; and\nthe final term of the exploration permit ends before the day the application mentioned in paragraph (a) is decided.\nDespite the ending of the final term of the permit, the permit continues in force in relation to the area the subject of the application mentioned in subsection (1) (a) until the earliest of the following days—\nthe day the grant of a resource authority mentioned in subsection (1) (a) takes effect;\nthe day the refusal of the application mentioned in subsection (1) (a) takes effect;\nthe day the application mentioned in subsection (1) (a) is withdrawn.\nThe entitlements of the holder of the permit are not reduced or limited only because of the holder’s application for the resource authority mentioned in subsection (1) (a) .\nTo remove any doubt, it is declared that rental is payable under section 138 in relation to any period an exploration permit continues in force under this section.\nIn this section—\nfinal term , of an exploration permit, means the term that ends 15 years after the grant of the permit.\ns 148 amd 2012 No. 20 s 125 sch 1 , s 323 sch 3 ; 2013 No. 10 s 110\nsub 2019 No. 17 s 270\namd 2020 No. 14 s 118\n(sec.148-ssec.1) This section applies if— the holder of an exploration permit makes an application for the grant of any of the following resource authorities in relation to the whole or part of the area of the exploration permit— a mining claim; a mining lease; a mineral development licence; and the final term of the exploration permit ends before the day the application mentioned in paragraph (a) is decided.\n(sec.148-ssec.2) Despite the ending of the final term of the permit, the permit continues in force in relation to the area the subject of the application mentioned in subsection (1) (a) until the earliest of the following days— the day the grant of a resource authority mentioned in subsection (1) (a) takes effect; the day the refusal of the application mentioned in subsection (1) (a) takes effect; the day the application mentioned in subsection (1) (a) is withdrawn.\n(sec.148-ssec.3) The entitlements of the holder of the permit are not reduced or limited only because of the holder’s application for the resource authority mentioned in subsection (1) (a) .\n(sec.148-ssec.4) To remove any doubt, it is declared that rental is payable under section 138 in relation to any period an exploration permit continues in force under this section.\n(sec.148-ssec.5) In this section— final term , of an exploration permit, means the term that ends 15 years after the grant of the permit.\n- (a) the holder of an exploration permit makes an application for the grant of any of the following resource authorities in relation to the whole or part of the area of the exploration permit— (i) a mining claim; (ii) a mining lease; (iii) a mineral development licence; and\n- (i) a mining claim;\n- (ii) a mining lease;\n- (iii) a mineral development licence; and\n- (b) the final term of the exploration permit ends before the day the application mentioned in paragraph (a) is decided.\n- (i) a mining claim;\n- (ii) a mining lease;\n- (iii) a mineral development licence; and\n- (i) the day the grant of a resource authority mentioned in subsection (1) (a) takes effect;\n- (ii) the day the refusal of the application mentioned in subsection (1) (a) takes effect;\n- (iii) the day the application mentioned in subsection (1) (a) is withdrawn.","sortOrder":153},{"sectionNumber":"sec.149","sectionType":"section","heading":null,"content":"### Section sec.149\n\ns 149 amd 1995 No. 21 s 44 ; 2014 No. 47 s 391\nom 2018 No. 24 s 93","sortOrder":154},{"sectionNumber":"sec.150","sectionType":"section","heading":null,"content":"### Section sec.150\n\ns 150 om 2018 No. 24 s 93","sortOrder":155},{"sectionNumber":"sec.151","sectionType":"section","heading":null,"content":"### Section sec.151\n\ns 151 amd 1995 No. 21 s 45 ; 2000 No. 64 ss 105 , 174 sch ; 2008 No. 56 s 39\nom 2012 No. 20 s 178","sortOrder":156},{"sectionNumber":"sec.152","sectionType":"section","heading":null,"content":"### Section sec.152\n\ns 152 amd 1990 No. 30 s 15 ; 1995 No. 21 s 3 sch\nom 2012 No. 20 s 178","sortOrder":157},{"sectionNumber":"sec.153","sectionType":"section","heading":null,"content":"### Section sec.153\n\ns 153 om 2012 No. 20 s 178","sortOrder":158},{"sectionNumber":"sec.154","sectionType":"section","heading":null,"content":"### Section sec.154\n\ns 154 amd 1990 No. 30 s 16 ; 1995 No. 21 s 3 sch ; 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch\nom 2012 No. 20 s 178","sortOrder":159},{"sectionNumber":"sec.155","sectionType":"section","heading":null,"content":"### Section sec.155\n\ns 155 amd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch\nom 2012 No. 20 s 178","sortOrder":160},{"sectionNumber":"sec.156","sectionType":"section","heading":null,"content":"### Section sec.156\n\ns 156 amd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch\nom 2012 No. 20 s 178","sortOrder":161},{"sectionNumber":"sec.157","sectionType":"section","heading":null,"content":"### Section sec.157\n\ns 157 om 2012 No. 20 s 178","sortOrder":162},{"sectionNumber":"sec.158","sectionType":"section","heading":null,"content":"### Section sec.158\n\ns 158 amd 1995 No. 21 s 3 sch ; 2001 No. 45 s 29 sch 3\nom 2012 No. 20 s 178","sortOrder":163},{"sectionNumber":"sec.160","sectionType":"section","heading":"Contravention by holder of exploration permit","content":"### sec.160 Contravention by holder of exploration permit\n\nIf the Minister considers that the holder of an exploration permit—\nhas carried out activities that are not bona fide for the purposes for which the exploration permit was granted; or\nhas failed to pay any moneys (other than rental) payable thereunder or in respect thereof by the due date for payment; or\nhas failed to comply with any condition that is to be observed and performed by the holder under or in respect of the exploration permit, other than a condition with respect to matters referred to in subsection (2) (a) or (b) ; or\nhas failed to report to the Minister upon the discovery of any mineral as required by section 176 ;\nthe Minister may—\ncancel the exploration permit; or\nimpose on the holder a penalty not exceeding 500 penalty units.\nIf the Minister considers that the holder of an exploration permit—\nhas failed to pay the rental payable thereunder by the date due for payment; or\nhas failed to pay a penalty imposed on the holder pursuant to subsection (1) (f) within the time allowed for the payment by the Minister;\nthe Minister may cancel the exploration permit and shall notify the holder of the exploration permit and every person who currently holds a recorded interest in respect of the exploration permit accordingly.\nThe Minister shall not act pursuant to subsection (1) until the Minister has, by notice in writing in the approved form served on the holder of the exploration permit, called upon the holder to show cause within the time specified therein why the exploration permit should not be cancelled or a penalty imposed and served a copy of the notice on every person who currently holds a recorded interest in the exploration permit and such cause has not been shown to the satisfaction of the Minister.\nWhen the Minister pursuant to this section cancels an exploration permit the Minister shall notify the holder and every person who holds a recorded interest in the exploration permit accordingly.\nFor the purposes of this section a recorded interest in an exploration permit does not include an associated agreement recorded in the register under the Common Provisions Act .\ns 160 amd 1995 No. 21 s 3 sch ; 2000 No. 64 ss 107 , 174 sch ; 2012 No. 20 ss 179 , 281 sch 2 , s 323 sch 3 ; 2014 No. 47 s 356\n(sec.160-ssec.1) If the Minister considers that the holder of an exploration permit— has carried out activities that are not bona fide for the purposes for which the exploration permit was granted; or has failed to pay any moneys (other than rental) payable thereunder or in respect thereof by the due date for payment; or has failed to comply with any condition that is to be observed and performed by the holder under or in respect of the exploration permit, other than a condition with respect to matters referred to in subsection (2) (a) or (b) ; or has failed to report to the Minister upon the discovery of any mineral as required by section 176 ; the Minister may— cancel the exploration permit; or impose on the holder a penalty not exceeding 500 penalty units.\n(sec.160-ssec.2) If the Minister considers that the holder of an exploration permit— has failed to pay the rental payable thereunder by the date due for payment; or has failed to pay a penalty imposed on the holder pursuant to subsection (1) (f) within the time allowed for the payment by the Minister; the Minister may cancel the exploration permit and shall notify the holder of the exploration permit and every person who currently holds a recorded interest in respect of the exploration permit accordingly.\n(sec.160-ssec.3) The Minister shall not act pursuant to subsection (1) until the Minister has, by notice in writing in the approved form served on the holder of the exploration permit, called upon the holder to show cause within the time specified therein why the exploration permit should not be cancelled or a penalty imposed and served a copy of the notice on every person who currently holds a recorded interest in the exploration permit and such cause has not been shown to the satisfaction of the Minister.\n(sec.160-ssec.4) When the Minister pursuant to this section cancels an exploration permit the Minister shall notify the holder and every person who holds a recorded interest in the exploration permit accordingly.\n(sec.160-ssec.5) For the purposes of this section a recorded interest in an exploration permit does not include an associated agreement recorded in the register under the Common Provisions Act .\n- (a) has carried out activities that are not bona fide for the purposes for which the exploration permit was granted; or\n- (b) has failed to pay any moneys (other than rental) payable thereunder or in respect thereof by the due date for payment; or\n- (c) has failed to comply with any condition that is to be observed and performed by the holder under or in respect of the exploration permit, other than a condition with respect to matters referred to in subsection (2) (a) or (b) ; or\n- (d) has failed to report to the Minister upon the discovery of any mineral as required by section 176 ;\n- (e) cancel the exploration permit; or\n- (f) impose on the holder a penalty not exceeding 500 penalty units.\n- (a) has failed to pay the rental payable thereunder by the date due for payment; or\n- (b) has failed to pay a penalty imposed on the holder pursuant to subsection (1) (f) within the time allowed for the payment by the Minister;","sortOrder":164},{"sectionNumber":"sec.161","sectionType":"section","heading":"Surrender of exploration permit","content":"### sec.161 Surrender of exploration permit\n\nThe holder of an exploration permit may, by notice in writing to the chief executive, surrender the permit.\nA surrender of an exploration permit shall take effect on the day next following its acceptance by the Minister except in respect of sub-blocks the subject of an application for a new exploration permit made under subsection (4) .\nIf, when the holder of an exploration permit purports to surrender the permit, the holder makes an application for a new exploration permit under section 133 in relation to the whole or part of the area of the exploration permit to be surrendered, the purported surrender takes effect—\nonly if the new exploration permit is granted by the Minister; and\nimmediately before the grant of the new exploration permit by the Minister.\nThe term of the new exploration permit is the term decided by the Minister.\nHowever, the end of the term of the new exploration permit can not be more than 15 years after—\nif the area of the new exploration permit is comprised of the whole or part of the area of 1 surrendered exploration permit—the day the surrendered permit was granted; or\nif the area of the new exploration permit is comprised of the whole or part of the area of more than 1 surrendered exploration permit—the day the earliest of the surrendered permits was granted.\nFor sections 147 and 147CA , if the surrendered permit mentioned in subsection (4B) (a) , or the earliest of the surrendered permits mentioned in subsection (4B) (b) , is a renewed exploration permit, the new exploration permit is taken to have been renewed for the same term as the surrendered permit.\nThe Minister may accept a surrender of an exploration permit only if the Minister is satisfied—\nthe holder has complied with the condition to carry out improvement restoration for the permit; and\nany relevant environmental authority has been cancelled or surrendered under the Environmental Protection Act .\nIf the Minister is not satisfied the holder has complied with the condition, the Minister may, by written notice, give the holder reasonable directions about carrying out improvement restoration for the exploration permit.\nThe holder must comply with the directions.\nMaximum penalty for subsection (7) —200 penalty units.\ns 161 amd 1995 No. 21 s 46 ; 2000 No. 64 s 108 ; 2012 No. 20 s 125 sch 1 , s 281 sch 2 ; 2012 No. 16 s 78 sch ; 2013 No. 10 s 111 ; 2019 No. 17 s 271\n(sec.161-ssec.1) The holder of an exploration permit may, by notice in writing to the chief executive, surrender the permit.\n(sec.161-ssec.3) A surrender of an exploration permit shall take effect on the day next following its acceptance by the Minister except in respect of sub-blocks the subject of an application for a new exploration permit made under subsection (4) .\n(sec.161-ssec.4) If, when the holder of an exploration permit purports to surrender the permit, the holder makes an application for a new exploration permit under section 133 in relation to the whole or part of the area of the exploration permit to be surrendered, the purported surrender takes effect— only if the new exploration permit is granted by the Minister; and immediately before the grant of the new exploration permit by the Minister.\n(sec.161-ssec.4A) The term of the new exploration permit is the term decided by the Minister.\n(sec.161-ssec.4B) However, the end of the term of the new exploration permit can not be more than 15 years after— if the area of the new exploration permit is comprised of the whole or part of the area of 1 surrendered exploration permit—the day the surrendered permit was granted; or if the area of the new exploration permit is comprised of the whole or part of the area of more than 1 surrendered exploration permit—the day the earliest of the surrendered permits was granted.\n(sec.161-ssec.4C) For sections 147 and 147CA , if the surrendered permit mentioned in subsection (4B) (a) , or the earliest of the surrendered permits mentioned in subsection (4B) (b) , is a renewed exploration permit, the new exploration permit is taken to have been renewed for the same term as the surrendered permit.\n(sec.161-ssec.5) The Minister may accept a surrender of an exploration permit only if the Minister is satisfied— the holder has complied with the condition to carry out improvement restoration for the permit; and any relevant environmental authority has been cancelled or surrendered under the Environmental Protection Act .\n(sec.161-ssec.6) If the Minister is not satisfied the holder has complied with the condition, the Minister may, by written notice, give the holder reasonable directions about carrying out improvement restoration for the exploration permit.\n(sec.161-ssec.7) The holder must comply with the directions. Maximum penalty for subsection (7) —200 penalty units.\n- (a) only if the new exploration permit is granted by the Minister; and\n- (b) immediately before the grant of the new exploration permit by the Minister.\n- (a) if the area of the new exploration permit is comprised of the whole or part of the area of 1 surrendered exploration permit—the day the surrendered permit was granted; or\n- (b) if the area of the new exploration permit is comprised of the whole or part of the area of more than 1 surrendered exploration permit—the day the earliest of the surrendered permits was granted.\n- (a) the holder has complied with the condition to carry out improvement restoration for the permit; and\n- (b) any relevant environmental authority has been cancelled or surrendered under the Environmental Protection Act .","sortOrder":165},{"sectionNumber":"sec.162","sectionType":"section","heading":"Adjustment of rental etc. upon surrender etc. of exploration permit","content":"### sec.162 Adjustment of rental etc. upon surrender etc. of exploration permit\n\nUpon a surrender of an exploration permit or the reduction in the area of the permit such adjustments as the Minister approves shall be made with respect to the rental payable under the exploration permit and security deposited and to the terms and conditions of the permit.\nAny moneys payable to the Crown under the adjustments approved by the Minister pursuant to subsection (1) which have not been recovered by utilisation of the security deposit may be recovered as a debt due and owing to the Crown by action in the Land Court.\nIn an action under subsection (2) for recovery of a debt due to the Crown, the production to the Land Court of a certificate by the chief executive certifying the amount of that debt shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the debt and the amount thereof.\ns 162 amd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch ; 2012 No. 20 s 125 sch 1\n(sec.162-ssec.1) Upon a surrender of an exploration permit or the reduction in the area of the permit such adjustments as the Minister approves shall be made with respect to the rental payable under the exploration permit and security deposited and to the terms and conditions of the permit.\n(sec.162-ssec.2) Any moneys payable to the Crown under the adjustments approved by the Minister pursuant to subsection (1) which have not been recovered by utilisation of the security deposit may be recovered as a debt due and owing to the Crown by action in the Land Court.\n(sec.162-ssec.3) In an action under subsection (2) for recovery of a debt due to the Crown, the production to the Land Court of a certificate by the chief executive certifying the amount of that debt shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the debt and the amount thereof.","sortOrder":166},{"sectionNumber":"sec.163","sectionType":"section","heading":"Access and compensation provisions","content":"### sec.163 Access and compensation provisions\n\nThe Common Provisions Act , chapter 3 contains provisions about access, compensation and related matters for exploration permits.\ns 163 amd 1990 No. 30 s 17\nsub 1995 No. 21 s 47\namd 1997 No. 14 s 8 ; 2005 No. 8 s 2\nsub 2010 No. 31 s 454 ; 2014 No. 47 s 375","sortOrder":167},{"sectionNumber":"sec.164","sectionType":"section","heading":null,"content":"### Section sec.164\n\ns 164 ins 1995 No. 21 s 47\namd 1997 No. 14 s 9 ; 2005 No. 8 s 2 sch\nom 2010 No. 31 s 454","sortOrder":168},{"sectionNumber":"sec.165","sectionType":"section","heading":null,"content":"### Section sec.165\n\ns 165 om 2000 No. 64 s 109","sortOrder":169},{"sectionNumber":"sec.166","sectionType":"section","heading":"Improvement restoration for exploration permit","content":"### sec.166 Improvement restoration for exploration permit\n\nThis section applies on the termination of an exploration permit, other than—\nby surrender under section 161 ; or\nfor the granting of a new exploration permit, a mining claim, a mineral development licence or a mining lease over the area of the terminated permit.\nIf the Minister is not satisfied the holder has satisfactorily complied with the condition to carry out improvement restoration for the exploration permit, the Minister may, by written notice, give the holder reasonable directions about carrying out the restoration.\nThe holder must comply with the directions.\nMaximum penalty—200 penalty units.\nThe holder and the holder’s employees or agents may, to the extent reasonable and necessary to comply with the directions—\nenter land stated in the notice; and\nbring on to the land vehicles, vessels, machinery and equipment.\ns 166 ins 1995 No. 21 s 48\namd 2000 No. 64 ss 110 , 174 sch ; 2012 No. 20 s 125 sch 1 ; 2013 No. 10 s 112\n(sec.166-ssec.1) This section applies on the termination of an exploration permit, other than— by surrender under section 161 ; or for the granting of a new exploration permit, a mining claim, a mineral development licence or a mining lease over the area of the terminated permit.\n(sec.166-ssec.2) If the Minister is not satisfied the holder has satisfactorily complied with the condition to carry out improvement restoration for the exploration permit, the Minister may, by written notice, give the holder reasonable directions about carrying out the restoration.\n(sec.166-ssec.3) The holder must comply with the directions. Maximum penalty—200 penalty units.\n(sec.166-ssec.4) The holder and the holder’s employees or agents may, to the extent reasonable and necessary to comply with the directions— enter land stated in the notice; and bring on to the land vehicles, vessels, machinery and equipment.\n- (a) by surrender under section 161 ; or\n- (b) for the granting of a new exploration permit, a mining claim, a mineral development licence or a mining lease over the area of the terminated permit.\n- (a) enter land stated in the notice; and\n- (b) bring on to the land vehicles, vessels, machinery and equipment.","sortOrder":170},{"sectionNumber":"sec.167","sectionType":"section","heading":"Producing exploration permit","content":"### sec.167 Producing exploration permit\n\nThis section applies if—\na person purports to enter or be on land under the authority of an exploration permit; and\nthe owner of the land, or an agent of the owner, asks the person for proof of the person’s authority to enter or be on the land.\nThe person must produce the exploration permit, or a copy of the permit, to the owner or agent.\nIf the person fails to comply with subsection (2) , the person does not have any entitlements under this chapter during the period of the person’s noncompliance.\nThis section does not prevent a person entering or being on land to deliver goods or substances or provide services related to the purpose for which an exploration permit is granted to a person who is lawfully on the land under this chapter.\nIn this section—\ncopy , of an exploration permit, includes an extract from the register of the details of the permit recorded in the register.\ns 167 amd 2012 No. 20 s 323 sch 3\nsub 2018 No. 24 s 94\n(sec.167-ssec.1) This section applies if— a person purports to enter or be on land under the authority of an exploration permit; and the owner of the land, or an agent of the owner, asks the person for proof of the person’s authority to enter or be on the land.\n(sec.167-ssec.2) The person must produce the exploration permit, or a copy of the permit, to the owner or agent.\n(sec.167-ssec.3) If the person fails to comply with subsection (2) , the person does not have any entitlements under this chapter during the period of the person’s noncompliance.\n(sec.167-ssec.4) This section does not prevent a person entering or being on land to deliver goods or substances or provide services related to the purpose for which an exploration permit is granted to a person who is lawfully on the land under this chapter.\n(sec.167-ssec.5) In this section— copy , of an exploration permit, includes an extract from the register of the details of the permit recorded in the register.\n- (a) a person purports to enter or be on land under the authority of an exploration permit; and\n- (b) the owner of the land, or an agent of the owner, asks the person for proof of the person’s authority to enter or be on the land.","sortOrder":171},{"sectionNumber":"sec.168","sectionType":"section","heading":"Utilisation of security deposit towards subsequent exploration permit","content":"### sec.168 Utilisation of security deposit towards subsequent exploration permit\n\nWhere the holder of an exploration permit makes application for a further exploration permit, the Minister, if satisfied that the whole or part of the security deposited in respect of the existing permit is or will be refundable under section 144 , notwithstanding that the period of 6 months after the termination of that permit may not have elapsed, may retain that security or part thereof (together with any further security fixed by the Minister) as the security (in which case it shall be taken to be or to be part of the security) deposited by the applicant in respect of the application for the further exploration permit and not refund that amount to the holder.","sortOrder":172},{"sectionNumber":"sec.169","sectionType":"section","heading":null,"content":"### Section sec.169\n\ns 169 sub 1990 No. 30 s 18 ; 1995 No. 21 s 49\nom 2010 No. 31 s 455","sortOrder":173},{"sectionNumber":"sec.170","sectionType":"section","heading":null,"content":"### Section sec.170\n\ns 170 ins 1995 No. 21 s 49\nom 2010 No. 31 s 455","sortOrder":174},{"sectionNumber":"sec.171","sectionType":"section","heading":null,"content":"### Section sec.171\n\ns 171 ins 1995 No. 21 s 49\nom 2010 No. 31 s 455","sortOrder":175},{"sectionNumber":"sec.172","sectionType":"section","heading":null,"content":"### Section sec.172\n\ns 172 ins 1995 No. 21 s 49\nom 2010 No. 31 s 455","sortOrder":176},{"sectionNumber":"sec.173","sectionType":"section","heading":null,"content":"### Section sec.173\n\ns 173 ins 1995 No. 21 s 49\nom 2010 No. 31 s 455","sortOrder":177},{"sectionNumber":"sec.174","sectionType":"section","heading":null,"content":"### Section sec.174\n\ns 174 ins 1995 No. 21 s 49\namd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch\nom 2010 No. 31 s 455","sortOrder":178},{"sectionNumber":"sec.175","sectionType":"section","heading":"Chief executive may recommend action to ease concerns or other action","content":"### sec.175 Chief executive may recommend action to ease concerns or other action\n\nIf the chief executive considers an exploration permit holder should take action to ease concerns of an owner of land or another exploration permit holder, or should take some other action, the chief executive may recommend the action to the Minister.\nThe Minister may give the exploration permit holder the directions the Minister considers appropriate about the recommended action.\nA failure by the holder to comply with the Minister’s directions is taken to be a breach of a condition of the exploration permit.\nIf the Minister gives a direction under subsection (2) , the chief executive must give a copy to—\nif the recommended action under subsection (1) relates only to native title protection conditions under section 141AA —any person identified in the conditions as a native title party; or\nif the recommended action under subsection (1) relates only partly to the native title protection conditions—\nany person identified in the conditions as a native title party; and\nthe owner of the land; or\notherwise—the owner of the land.\nIf the recommended action under subsection (1) is action to ease concerns of an owner of land or another exploration permit holder, the chief executive must give the land’s owner and the exploration permit holder written notice of—\nthe substance of any recommendation made to the Minister under subsection (1) or, if the chief executive decides not to make a recommendation, the chief executive’s decision; and\nany other action the chief executive has taken to ease the concerns of the owner or exploration permit holder.\ns 175 ins 1995 No. 21 s 49\namd 2003 No. 77 s 99 ; 2013 No. 10 s 193 sch 1\n(sec.175-ssec.1) If the chief executive considers an exploration permit holder should take action to ease concerns of an owner of land or another exploration permit holder, or should take some other action, the chief executive may recommend the action to the Minister.\n(sec.175-ssec.2) The Minister may give the exploration permit holder the directions the Minister considers appropriate about the recommended action.\n(sec.175-ssec.3) A failure by the holder to comply with the Minister’s directions is taken to be a breach of a condition of the exploration permit.\n(sec.175-ssec.4) If the Minister gives a direction under subsection (2) , the chief executive must give a copy to— if the recommended action under subsection (1) relates only to native title protection conditions under section 141AA —any person identified in the conditions as a native title party; or if the recommended action under subsection (1) relates only partly to the native title protection conditions— any person identified in the conditions as a native title party; and the owner of the land; or otherwise—the owner of the land.\n(sec.175-ssec.5) If the recommended action under subsection (1) is action to ease concerns of an owner of land or another exploration permit holder, the chief executive must give the land’s owner and the exploration permit holder written notice of— the substance of any recommendation made to the Minister under subsection (1) or, if the chief executive decides not to make a recommendation, the chief executive’s decision; and any other action the chief executive has taken to ease the concerns of the owner or exploration permit holder.\n- (a) if the recommended action under subsection (1) relates only to native title protection conditions under section 141AA —any person identified in the conditions as a native title party; or\n- (b) if the recommended action under subsection (1) relates only partly to the native title protection conditions— (i) any person identified in the conditions as a native title party; and (ii) the owner of the land; or\n- (i) any person identified in the conditions as a native title party; and\n- (ii) the owner of the land; or\n- (c) otherwise—the owner of the land.\n- (i) any person identified in the conditions as a native title party; and\n- (ii) the owner of the land; or\n- (a) the substance of any recommendation made to the Minister under subsection (1) or, if the chief executive decides not to make a recommendation, the chief executive’s decision; and\n- (b) any other action the chief executive has taken to ease the concerns of the owner or exploration permit holder.","sortOrder":179},{"sectionNumber":"sec.176","sectionType":"section","heading":"Discovery of minerals to be reported","content":"### sec.176 Discovery of minerals to be reported\n\nThe holder of an exploration permit shall, within 14 days after discovery of any mineral of commercial value in what appears to be payable quantities within the area specified in the exploration permit by any person acting under the authority of the exploration permit, report to the Minister the fact of that discovery and such other particulars as the Minister requires.\nThe Minister may direct the holder of an exploration permit to apply for a mining claim, mineral development licence or mining lease over all or part of the land specified in the exploration permit as the Minister directs in respect of any mineral discovered.\nIf the holder of an exploration permit to whom a notice under subsection (2) is given does not apply for a mining claim, mineral development licence or a mining lease as directed within the specified time, the Minister may in the Minister’s discretion cancel the exploration permit.\nAny refund of moneys held in respect of an exploration permit that is cancelled pursuant to subsection (3) (including any security deposited) shall be at the Minister’s discretion.\ns 176 amd 2013 No. 10 s 113\n(sec.176-ssec.1) The holder of an exploration permit shall, within 14 days after discovery of any mineral of commercial value in what appears to be payable quantities within the area specified in the exploration permit by any person acting under the authority of the exploration permit, report to the Minister the fact of that discovery and such other particulars as the Minister requires.\n(sec.176-ssec.2) The Minister may direct the holder of an exploration permit to apply for a mining claim, mineral development licence or mining lease over all or part of the land specified in the exploration permit as the Minister directs in respect of any mineral discovered.\n(sec.176-ssec.3) If the holder of an exploration permit to whom a notice under subsection (2) is given does not apply for a mining claim, mineral development licence or a mining lease as directed within the specified time, the Minister may in the Minister’s discretion cancel the exploration permit.\n(sec.176-ssec.4) Any refund of moneys held in respect of an exploration permit that is cancelled pursuant to subsection (3) (including any security deposited) shall be at the Minister’s discretion.","sortOrder":180},{"sectionNumber":"sec.176A","sectionType":"section","heading":"Application to add excluded land to existing permit","content":"### sec.176A Application to add excluded land to existing permit\n\nThe holder of an exploration permit (the existing permit ) may apply to the Minister to add excluded land to the existing permit.\nThe provisions of this chapter apply, with necessary changes, to an application under subsection (1) as if it were an application under section 133 .\nWithout limiting subsection (2) , in deciding the application, the Minister may—\nimpose conditions under section 141 (1) (j) in addition to any conditions that apply under the existing permit; and\nfix an amount of security to be deposited under section 144 in addition to any security for the existing permit.\nOn the granting of the application, the excluded land is included in the existing permit.\nIn this section—\nexcluded land means land that was the subject of a specific exclusion when the existing permit was granted or that was taken to be excluded under section 132 .\ns 176A ins 1999 No. 35 s 299\namd 2000 No. 64 s 174 sch ; 2012 No. 20 s 323 sch 3\n(sec.176A-ssec.1) The holder of an exploration permit (the existing permit ) may apply to the Minister to add excluded land to the existing permit.\n(sec.176A-ssec.2) The provisions of this chapter apply, with necessary changes, to an application under subsection (1) as if it were an application under section 133 .\n(sec.176A-ssec.3) Without limiting subsection (2) , in deciding the application, the Minister may— impose conditions under section 141 (1) (j) in addition to any conditions that apply under the existing permit; and fix an amount of security to be deposited under section 144 in addition to any security for the existing permit.\n(sec.176A-ssec.4) On the granting of the application, the excluded land is included in the existing permit.\n(sec.176A-ssec.5) In this section— excluded land means land that was the subject of a specific exclusion when the existing permit was granted or that was taken to be excluded under section 132 .\n- (a) impose conditions under section 141 (1) (j) in addition to any conditions that apply under the existing permit; and\n- (b) fix an amount of security to be deposited under section 144 in addition to any security for the existing permit.","sortOrder":181},{"sectionNumber":"sec.177","sectionType":"section","heading":"Reduction of area of exploration permit upon grant of mining claim, mineral development licence or mining lease","content":"### sec.177 Reduction of area of exploration permit upon grant of mining claim, mineral development licence or mining lease\n\nUpon the grant of a mining claim, mineral development licence or mining lease consequent upon an application made by the holder of an exploration permit granted in respect of the same area for the same mineral (whether or not at the direction of the Minister) or by an eligible person with the consent of the holder, the area of the exploration permit shall be reduced accordingly and the terms and conditions applying to the exploration permit may be varied as the Minister directs.\ns 177 amd 2012 No. 20 s 125 sch 1 ; 2013 No. 10 s 114","sortOrder":182},{"sectionNumber":"sec.178","sectionType":"section","heading":"Discovery etc. of mineral does not vest property","content":"### sec.178 Discovery etc. of mineral does not vest property\n\nA person who whilst acting under the authority of an exploration permit discovers or takes any mineral does not thereby acquire property therein and shall not dispose of any such mineral except with the consent of the Minister whose consent may be subject to such terms and conditions as the Minister thinks fit (including prescribed conditions as to the payment of royalties).","sortOrder":183},{"sectionNumber":"sec.178A","sectionType":"section","heading":"Activity report for exploration permit","content":"### sec.178A Activity report for exploration permit\n\nA regulation may—\nrequire a holder of an exploration permit to give the Minister a report (an activity report ) about the activities carried out under the permit; and\nprescribe the following for the activity report—\nwhen the report is to be given;\nthe format of the report;\nthe information to be contained in the report and the degree of precision required for the information.\ns 178A ins 2018 No. 24 s 95\namd 2024 No. 33 s 183 s ch 1 pt 2\n- (a) require a holder of an exploration permit to give the Minister a report (an activity report ) about the activities carried out under the permit; and\n- (b) prescribe the following for the activity report— (i) when the report is to be given; (ii) the format of the report; (iii) the information to be contained in the report and the degree of precision required for the information.\n- (i) when the report is to be given;\n- (ii) the format of the report;\n- (iii) the information to be contained in the report and the degree of precision required for the information.\n- (i) when the report is to be given;\n- (ii) the format of the report;\n- (iii) the information to be contained in the report and the degree of precision required for the information.","sortOrder":184},{"sectionNumber":"sec.178B","sectionType":"section","heading":"Partial relinquishment report for exploration permit","content":"### sec.178B Partial relinquishment report for exploration permit\n\nA regulation may—\nrequire a holder of an exploration permit to give the Minister a report (a partial relinquishment report ) about a reduction in the area of the permit; and\nprescribe the following for the partial relinquishment report—\nwhen the report is to be given;\nthe format of the report;\nthe information to be contained in the report and the degree of precision required for the information.\ns 178B ins 2018 No. 24 s 95\namd 2024 No. 33 s 183 s ch 1 pt 2\n- (a) require a holder of an exploration permit to give the Minister a report (a partial relinquishment report ) about a reduction in the area of the permit; and\n- (b) prescribe the following for the partial relinquishment report— (i) when the report is to be given; (ii) the format of the report; (iii) the information to be contained in the report and the degree of precision required for the information.\n- (i) when the report is to be given;\n- (ii) the format of the report;\n- (iii) the information to be contained in the report and the degree of precision required for the information.\n- (i) when the report is to be given;\n- (ii) the format of the report;\n- (iii) the information to be contained in the report and the degree of precision required for the information.","sortOrder":185},{"sectionNumber":"sec.178C","sectionType":"section","heading":"Final report for exploration permit","content":"### sec.178C Final report for exploration permit\n\nA regulation may—\nrequire a holder of an exploration permit to give the Minister a report (a final report ) summarising the results of exploration carried out under the permit during the whole of its term; and\nprescribe the following for the final report—\nwhen the report is to be given;\nthe format of the report;\nthe information to be contained in the report and the degree of precision required for the information.\ns 178C ins 2018 No. 24 s 95\namd 2024 No. 33 s 183 s ch 1 pt 2\n- (a) require a holder of an exploration permit to give the Minister a report (a final report ) summarising the results of exploration carried out under the permit during the whole of its term; and\n- (b) prescribe the following for the final report— (i) when the report is to be given; (ii) the format of the report; (iii) the information to be contained in the report and the degree of precision required for the information.\n- (i) when the report is to be given;\n- (ii) the format of the report;\n- (iii) the information to be contained in the report and the degree of precision required for the information.\n- (i) when the report is to be given;\n- (ii) the format of the report;\n- (iii) the information to be contained in the report and the degree of precision required for the information.","sortOrder":186},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Mineral development licences generally","content":"# Mineral development licences generally","sortOrder":187},{"sectionNumber":"sec.179","sectionType":"section","heading":"Mineral development licence","content":"### sec.179 Mineral development licence\n\nUnless otherwise approved by the Minister pursuant to section 226 (3) , a mineral development licence in respect of a mineral occurrence may be applied for by an eligible person in respect of land which, at the time the application for the grant is made, is in the area of—\nan exploration permit; or\na mineral development licence;\nin respect of the same mineral of which the applicant or, where more than 1 person is the applicant, at least 1 of them is, with or without others, the holder.\ns 179 amd 2012 No. 20 s 125 sch 1\n- (a) an exploration permit; or\n- (b) a mineral development licence;","sortOrder":188},{"sectionNumber":"sec.180","sectionType":"section","heading":"Only eligible persons to hold mineral development licences","content":"### sec.180 Only eligible persons to hold mineral development licences\n\nA mineral development licence shall not be held by a person who is not an eligible person.","sortOrder":189},{"sectionNumber":"sec.181","sectionType":"section","heading":"Obligations and entitlement under mineral development licence","content":"### sec.181 Obligations and entitlement under mineral development licence\n\nDuring the currency of a mineral development licence, the holder shall carry out or cause to be carried out such activities as are specified in the licence by the Minister.\nThe Minister may specify in a mineral development licence that no activity need be carried out for the term of the licence or for such period as is specified therein.\nWithout in any way limiting the activities that the Minister may specify in a mineral development licence, activities leading to the evaluation and economic development of an ore body by or on behalf of the holder may include—\ngeological, geophysical and geochemical programs and other works as are reasonably necessary to evaluate the potential for development of any mineral occurrence of possible economic potential occurring in or on the area of the mineral development licence; and\nmining feasibility studies; and\nmetallurgical testing; and\nenvironmental studies; and\nmarketing studies; and\nengineering and design studies; and\nsuch other activities as the Minister considers appropriate.\nDuring the currency of a mineral development licence—\nthe holder—\nmay carry out or cause to be carried out any activities (including activities referred to in subsection (2) ) as are appropriate for the purpose for which the licence is granted; and\nmay, in relation to the area of the mineral development licence, do all such things as are authorised or were authorised, at the time of the application for the mineral development licence, under the relevant exploration permit then held by the applicant for the mineral development licence; and\nmay carry out or cause to be carried out the plugging and abandoning, or otherwise remediating, of a legacy borehole and rehabilitating of the surrounding area in compliance with the requirements prescribed under a regulation; and\nthe holder and any person who acts for the purpose of carrying out any activity authorised by the mineral development licence with or by such vehicles, vessels, machinery and equipment as may be necessary or expedient for the purpose may, in compliance with the Common Provisions Act , chapter 3 , enter any part of the area of the mineral development licence for any purpose permitted or required under the licence or by this Act; and\nthe holder of the mineral development licence, subject to compliance with this Act, may have considered for grant, in priority to all other persons, any number of mineral development licences and mining leases relating to any minerals specified in the mineral development licence in respect of any land in the area of the mineral development licence and may enter that land for the purpose of doing all acts necessary to comply with this Act relating to an application therefor.\nThe holder of a mineral development licence, and each person who enters or is upon land under the authority of the licence, shall comply with the terms and conditions upon which any consent required to be given under this Act in respect thereof was given by the owner of that land.\nFor the purposes of exercising entitlements under this part a person who enters or is upon land under the authority of a mineral development licence may stay at night thereon and for that purpose may set up temporary accommodation thereon.\nDuring the currency of a mineral development licence, the rights of the holder of the licence relate, and are taken to have always related, to the whole of the area of the licence.\ns 181 amd 1990 No. 30 s 19 ; 1995 No. 21 ss 50 , 3 sch ; 2000 No. 64 s 111 ; 2008 No. 33 s 91 ; 2012 No. 20 s 125 sch 1 ; 2014 No. 47 s 400 ; 2014 No. 47 ss 376 , 422\n(sec.181-ssec.1) During the currency of a mineral development licence, the holder shall carry out or cause to be carried out such activities as are specified in the licence by the Minister.\n(sec.181-ssec.2) The Minister may specify in a mineral development licence that no activity need be carried out for the term of the licence or for such period as is specified therein.\n(sec.181-ssec.3) Without in any way limiting the activities that the Minister may specify in a mineral development licence, activities leading to the evaluation and economic development of an ore body by or on behalf of the holder may include— geological, geophysical and geochemical programs and other works as are reasonably necessary to evaluate the potential for development of any mineral occurrence of possible economic potential occurring in or on the area of the mineral development licence; and mining feasibility studies; and metallurgical testing; and environmental studies; and marketing studies; and engineering and design studies; and such other activities as the Minister considers appropriate.\n(sec.181-ssec.4) During the currency of a mineral development licence— the holder— may carry out or cause to be carried out any activities (including activities referred to in subsection (2) ) as are appropriate for the purpose for which the licence is granted; and may, in relation to the area of the mineral development licence, do all such things as are authorised or were authorised, at the time of the application for the mineral development licence, under the relevant exploration permit then held by the applicant for the mineral development licence; and may carry out or cause to be carried out the plugging and abandoning, or otherwise remediating, of a legacy borehole and rehabilitating of the surrounding area in compliance with the requirements prescribed under a regulation; and the holder and any person who acts for the purpose of carrying out any activity authorised by the mineral development licence with or by such vehicles, vessels, machinery and equipment as may be necessary or expedient for the purpose may, in compliance with the Common Provisions Act , chapter 3 , enter any part of the area of the mineral development licence for any purpose permitted or required under the licence or by this Act; and the holder of the mineral development licence, subject to compliance with this Act, may have considered for grant, in priority to all other persons, any number of mineral development licences and mining leases relating to any minerals specified in the mineral development licence in respect of any land in the area of the mineral development licence and may enter that land for the purpose of doing all acts necessary to comply with this Act relating to an application therefor.\n(sec.181-ssec.12) The holder of a mineral development licence, and each person who enters or is upon land under the authority of the licence, shall comply with the terms and conditions upon which any consent required to be given under this Act in respect thereof was given by the owner of that land.\n(sec.181-ssec.18) For the purposes of exercising entitlements under this part a person who enters or is upon land under the authority of a mineral development licence may stay at night thereon and for that purpose may set up temporary accommodation thereon.\n(sec.181-ssec.19) During the currency of a mineral development licence, the rights of the holder of the licence relate, and are taken to have always related, to the whole of the area of the licence.\n- (a) geological, geophysical and geochemical programs and other works as are reasonably necessary to evaluate the potential for development of any mineral occurrence of possible economic potential occurring in or on the area of the mineral development licence; and\n- (b) mining feasibility studies; and\n- (c) metallurgical testing; and\n- (d) environmental studies; and\n- (e) marketing studies; and\n- (f) engineering and design studies; and\n- (g) such other activities as the Minister considers appropriate.\n- (a) the holder— (i) may carry out or cause to be carried out any activities (including activities referred to in subsection (2) ) as are appropriate for the purpose for which the licence is granted; and (ii) may, in relation to the area of the mineral development licence, do all such things as are authorised or were authorised, at the time of the application for the mineral development licence, under the relevant exploration permit then held by the applicant for the mineral development licence; and (iii) may carry out or cause to be carried out the plugging and abandoning, or otherwise remediating, of a legacy borehole and rehabilitating of the surrounding area in compliance with the requirements prescribed under a regulation; and\n- (i) may carry out or cause to be carried out any activities (including activities referred to in subsection (2) ) as are appropriate for the purpose for which the licence is granted; and\n- (ii) may, in relation to the area of the mineral development licence, do all such things as are authorised or were authorised, at the time of the application for the mineral development licence, under the relevant exploration permit then held by the applicant for the mineral development licence; and\n- (iii) may carry out or cause to be carried out the plugging and abandoning, or otherwise remediating, of a legacy borehole and rehabilitating of the surrounding area in compliance with the requirements prescribed under a regulation; and\n- (b) the holder and any person who acts for the purpose of carrying out any activity authorised by the mineral development licence with or by such vehicles, vessels, machinery and equipment as may be necessary or expedient for the purpose may, in compliance with the Common Provisions Act , chapter 3 , enter any part of the area of the mineral development licence for any purpose permitted or required under the licence or by this Act; and\n- (c) the holder of the mineral development licence, subject to compliance with this Act, may have considered for grant, in priority to all other persons, any number of mineral development licences and mining leases relating to any minerals specified in the mineral development licence in respect of any land in the area of the mineral development licence and may enter that land for the purpose of doing all acts necessary to comply with this Act relating to an application therefor.\n- (i) may carry out or cause to be carried out any activities (including activities referred to in subsection (2) ) as are appropriate for the purpose for which the licence is granted; and\n- (ii) may, in relation to the area of the mineral development licence, do all such things as are authorised or were authorised, at the time of the application for the mineral development licence, under the relevant exploration permit then held by the applicant for the mineral development licence; and\n- (iii) may carry out or cause to be carried out the plugging and abandoning, or otherwise remediating, of a legacy borehole and rehabilitating of the surrounding area in compliance with the requirements prescribed under a regulation; and","sortOrder":190},{"sectionNumber":"sec.182","sectionType":"section","heading":"Land is excluded from area of mineral development licence if covered by other authority under Act","content":"### sec.182 Land is excluded from area of mineral development licence if covered by other authority under Act\n\nThis section applies if—\nthe chief executive accepts lodgement of an application for a mineral development licence for particular land; and\nall or some of the land applied for in the accepted application is—\nin the area of an existing mining claim or mining lease; or\nland applied for in an earlier application for a mining claim or mining lease; or\nthe subject of a call for mining lease tenders.\nLand mentioned in subsection (1) (b) that is within the boundaries of the land applied for in the accepted application, and its surface, ( excluded land ) is taken to be excluded from the area of a mineral development licence granted for the land applied for in the accepted application.\nHowever, the land is excluded land—\nif subsection (1) (b) (i) applies—only while it is in the area of an existing mining claim or mining lease; or\nif subsection (1) (b) (ii) applies—\nuntil the earlier application is abandoned or rejected; or\nwhile it is in the area of a mining claim or mining lease granted on the earlier application; or\nif subsection (1) (b) (iii) applies—until any of the following happens—\nthe call for mining lease tenders is terminated;\nan application for a mining lease for the land made by the preferred tenderer for the call is rejected or abandoned;\nif a mining lease is granted to the preferred tenderer for the call—the land stops being in the area of the mining lease.\nIf excluded land within the boundaries of the area of the mineral development licence ceases to be excluded land, it is taken to be included in the area of the mineral development licence unless the mineral development licence provides otherwise.\ns 182 ins 1995 No. 21 s 51\namd 1999 No. 35 s 30 ; 2012 No. 20 s 125 sch 1 ; 2013 No. 10 s 193 sch 1 ; 2014 No. 47 s 471 ; 2020 No. 14 s 119\n(sec.182-ssec.1) This section applies if— the chief executive accepts lodgement of an application for a mineral development licence for particular land; and all or some of the land applied for in the accepted application is— in the area of an existing mining claim or mining lease; or land applied for in an earlier application for a mining claim or mining lease; or the subject of a call for mining lease tenders.\n(sec.182-ssec.2) Land mentioned in subsection (1) (b) that is within the boundaries of the land applied for in the accepted application, and its surface, ( excluded land ) is taken to be excluded from the area of a mineral development licence granted for the land applied for in the accepted application.\n(sec.182-ssec.3) However, the land is excluded land— if subsection (1) (b) (i) applies—only while it is in the area of an existing mining claim or mining lease; or if subsection (1) (b) (ii) applies— until the earlier application is abandoned or rejected; or while it is in the area of a mining claim or mining lease granted on the earlier application; or if subsection (1) (b) (iii) applies—until any of the following happens— the call for mining lease tenders is terminated; an application for a mining lease for the land made by the preferred tenderer for the call is rejected or abandoned; if a mining lease is granted to the preferred tenderer for the call—the land stops being in the area of the mining lease.\n(sec.182-ssec.4) If excluded land within the boundaries of the area of the mineral development licence ceases to be excluded land, it is taken to be included in the area of the mineral development licence unless the mineral development licence provides otherwise.\n- (a) the chief executive accepts lodgement of an application for a mineral development licence for particular land; and\n- (b) all or some of the land applied for in the accepted application is— (i) in the area of an existing mining claim or mining lease; or (ii) land applied for in an earlier application for a mining claim or mining lease; or (iii) the subject of a call for mining lease tenders.\n- (i) in the area of an existing mining claim or mining lease; or\n- (ii) land applied for in an earlier application for a mining claim or mining lease; or\n- (iii) the subject of a call for mining lease tenders.\n- (i) in the area of an existing mining claim or mining lease; or\n- (ii) land applied for in an earlier application for a mining claim or mining lease; or\n- (iii) the subject of a call for mining lease tenders.\n- (a) if subsection (1) (b) (i) applies—only while it is in the area of an existing mining claim or mining lease; or\n- (b) if subsection (1) (b) (ii) applies— (i) until the earlier application is abandoned or rejected; or (ii) while it is in the area of a mining claim or mining lease granted on the earlier application; or\n- (i) until the earlier application is abandoned or rejected; or\n- (ii) while it is in the area of a mining claim or mining lease granted on the earlier application; or\n- (c) if subsection (1) (b) (iii) applies—until any of the following happens— (i) the call for mining lease tenders is terminated; (ii) an application for a mining lease for the land made by the preferred tenderer for the call is rejected or abandoned; (iii) if a mining lease is granted to the preferred tenderer for the call—the land stops being in the area of the mining lease.\n- (i) the call for mining lease tenders is terminated;\n- (ii) an application for a mining lease for the land made by the preferred tenderer for the call is rejected or abandoned;\n- (iii) if a mining lease is granted to the preferred tenderer for the call—the land stops being in the area of the mining lease.\n- (i) until the earlier application is abandoned or rejected; or\n- (ii) while it is in the area of a mining claim or mining lease granted on the earlier application; or\n- (i) the call for mining lease tenders is terminated;\n- (ii) an application for a mining lease for the land made by the preferred tenderer for the call is rejected or abandoned;\n- (iii) if a mining lease is granted to the preferred tenderer for the call—the land stops being in the area of the mining lease.","sortOrder":191},{"sectionNumber":"sec.183","sectionType":"section","heading":"Application for mineral development licence","content":"### sec.183 Application for mineral development licence\n\nAn application for the grant of a mineral development licence must—\nbe in the approved form; and\nspecify the name of each applicant; and\nspecify the name and address for service of 1 person upon whom any notice may be served on behalf of the applicant or the applicants; and\ndescribe all parcels of land the whole or part of which are applied for in the application and specify the current use of the land and the names and addresses of the owner or owners of the land and of land which is to be used as access thereto; and\ndefine the boundary of the area of the proposed mineral development licence; and\nSection 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.\nspecify the mineral or minerals in respect of which the mineral development licence is sought; and\ngive reasons why the mineral development licence should be granted in respect of the area and shape of the land described in the application; and\ndefine the boundary of any area of land outside the area of the proposed mineral development licence intended to be used to access the surface area of the land proposed to be included in the proposed licence area; and\nbe accompanied by a visual representation of the boundaries and land mentioned in paragraphs (e) and (h) ; and\nnominate the term of the mineral development licence sought and give reasons therefor; and\nbe accompanied by the consent in writing of each person who alone or with others is the holder of the exploration permit or the mineral development licence in respect of the land and the mineral the subject of the application and is not the applicant; and\nbe lodged with the chief executive; and\nbe accompanied by a statement—\ngiving a detailed description and technical particulars of the mineral occurrence for which the mineral development licence is sought together with any necessary supporting documents; and\nstating any activities proposed to be carried out under the mineral development licence, including, for example, work programs, amounts to be spent and studies to be performed; and\nstating the estimated human, technical and financial resources proposed to be committed to authorised activities for the mineral development licence during each year of the licence, if granted; and\nbe accompanied by—\na statement, separate from the statement mentioned in paragraph (m) , detailing the applicant’s financial and technical resources; and\nproof of the applicant’s identity; and\nthe application fee prescribed under a regulation.\nOnly an eligible person may apply for a mineral development licence.\ns 183 amd 1995 No. 21 ss 52 , 3 sch ; 1999 No. 35 s 31 ; 2000 No. 64 ss 112 , 174 sch ; 2007 No. 46 s 67 ; 2008 No. 56 s 40 ; 2012 No. 20 s 125 sch 1 , s 281 sch 2 ; 2013 No. 10 s 193 sch 1 ; 2014 No. 47 s 423\n(sec.183-ssec.1) An application for the grant of a mineral development licence must— be in the approved form; and specify the name of each applicant; and specify the name and address for service of 1 person upon whom any notice may be served on behalf of the applicant or the applicants; and describe all parcels of land the whole or part of which are applied for in the application and specify the current use of the land and the names and addresses of the owner or owners of the land and of land which is to be used as access thereto; and define the boundary of the area of the proposed mineral development licence; and Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement. specify the mineral or minerals in respect of which the mineral development licence is sought; and give reasons why the mineral development licence should be granted in respect of the area and shape of the land described in the application; and define the boundary of any area of land outside the area of the proposed mineral development licence intended to be used to access the surface area of the land proposed to be included in the proposed licence area; and be accompanied by a visual representation of the boundaries and land mentioned in paragraphs (e) and (h) ; and nominate the term of the mineral development licence sought and give reasons therefor; and be accompanied by the consent in writing of each person who alone or with others is the holder of the exploration permit or the mineral development licence in respect of the land and the mineral the subject of the application and is not the applicant; and be lodged with the chief executive; and be accompanied by a statement— giving a detailed description and technical particulars of the mineral occurrence for which the mineral development licence is sought together with any necessary supporting documents; and stating any activities proposed to be carried out under the mineral development licence, including, for example, work programs, amounts to be spent and studies to be performed; and stating the estimated human, technical and financial resources proposed to be committed to authorised activities for the mineral development licence during each year of the licence, if granted; and be accompanied by— a statement, separate from the statement mentioned in paragraph (m) , detailing the applicant’s financial and technical resources; and proof of the applicant’s identity; and the application fee prescribed under a regulation.\n(sec.183-ssec.2) Only an eligible person may apply for a mineral development licence.\n- (a) be in the approved form; and\n- (b) specify the name of each applicant; and\n- (c) specify the name and address for service of 1 person upon whom any notice may be served on behalf of the applicant or the applicants; and\n- (d) describe all parcels of land the whole or part of which are applied for in the application and specify the current use of the land and the names and addresses of the owner or owners of the land and of land which is to be used as access thereto; and\n- (e) define the boundary of the area of the proposed mineral development licence; and Note— Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.\n- (f) specify the mineral or minerals in respect of which the mineral development licence is sought; and\n- (g) give reasons why the mineral development licence should be granted in respect of the area and shape of the land described in the application; and\n- (h) define the boundary of any area of land outside the area of the proposed mineral development licence intended to be used to access the surface area of the land proposed to be included in the proposed licence area; and\n- (i) be accompanied by a visual representation of the boundaries and land mentioned in paragraphs (e) and (h) ; and\n- (j) nominate the term of the mineral development licence sought and give reasons therefor; and\n- (k) be accompanied by the consent in writing of each person who alone or with others is the holder of the exploration permit or the mineral development licence in respect of the land and the mineral the subject of the application and is not the applicant; and\n- (l) be lodged with the chief executive; and\n- (m) be accompanied by a statement— (i) giving a detailed description and technical particulars of the mineral occurrence for which the mineral development licence is sought together with any necessary supporting documents; and (ii) stating any activities proposed to be carried out under the mineral development licence, including, for example, work programs, amounts to be spent and studies to be performed; and (iii) stating the estimated human, technical and financial resources proposed to be committed to authorised activities for the mineral development licence during each year of the licence, if granted; and\n- (i) giving a detailed description and technical particulars of the mineral occurrence for which the mineral development licence is sought together with any necessary supporting documents; and\n- (ii) stating any activities proposed to be carried out under the mineral development licence, including, for example, work programs, amounts to be spent and studies to be performed; and\n- (iii) stating the estimated human, technical and financial resources proposed to be committed to authorised activities for the mineral development licence during each year of the licence, if granted; and\n- (n) be accompanied by— (i) a statement, separate from the statement mentioned in paragraph (m) , detailing the applicant’s financial and technical resources; and (ii) proof of the applicant’s identity; and (iii) the application fee prescribed under a regulation.\n- (i) a statement, separate from the statement mentioned in paragraph (m) , detailing the applicant’s financial and technical resources; and\n- (ii) proof of the applicant’s identity; and\n- (iii) the application fee prescribed under a regulation.\n- (i) giving a detailed description and technical particulars of the mineral occurrence for which the mineral development licence is sought together with any necessary supporting documents; and\n- (ii) stating any activities proposed to be carried out under the mineral development licence, including, for example, work programs, amounts to be spent and studies to be performed; and\n- (iii) stating the estimated human, technical and financial resources proposed to be committed to authorised activities for the mineral development licence during each year of the licence, if granted; and\n- (i) a statement, separate from the statement mentioned in paragraph (m) , detailing the applicant’s financial and technical resources; and\n- (ii) proof of the applicant’s identity; and\n- (iii) the application fee prescribed under a regulation.","sortOrder":192},{"sectionNumber":"sec.183A","sectionType":"section","heading":null,"content":"### Section sec.183A\n\ns 183A ins 2008 No. 56 s 41\nom 2012 No. 20 s 180","sortOrder":193},{"sectionNumber":"sec.184","sectionType":"section","heading":null,"content":"### Section sec.184\n\ns 184 amd 1995 No. 58 s 4 sch 1 ; 1999 No. 35 s 32 ; 2012 No. 20 s 125 sch 1 ; 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 424","sortOrder":194},{"sectionNumber":"sec.185","sectionType":"section","heading":"Priority of applications for grant of mineral development licences","content":"### sec.185 Priority of applications for grant of mineral development licences\n\nApplications for the grant of mineral development licences duly made in respect of or including the same land shall take priority according to the Minister’s determination.","sortOrder":195},{"sectionNumber":"sec.185A","sectionType":"section","heading":"Rejection of application if applicant disqualified","content":"### sec.185A Rejection of application if applicant disqualified\n\nThe Minister must reject an application for a mineral development licence if the Minister decides the applicant is disqualified under the Common Provisions Act , chapter 7 from being granted the mineral development licence.\nOn rejection of the application, the Minister must give the applicant a notice about the decision.\ns 185A ins 2020 No. 14 s 120\n(sec.185A-ssec.1) The Minister must reject an application for a mineral development licence if the Minister decides the applicant is disqualified under the Common Provisions Act , chapter 7 from being granted the mineral development licence.\n(sec.185A-ssec.2) On rejection of the application, the Minister must give the applicant a notice about the decision.","sortOrder":196},{"sectionNumber":"sec.186","sectionType":"section","heading":"Minister may grant or refuse application","content":"### sec.186 Minister may grant or refuse application\n\nThe Minister may—\ngrant a mineral development licence, with or without conditions, for all or part of the land the subject of an application (the relevant land ) for the licence; or\nrefuse the application.\nWithout limiting subsection (1) , the Minister may refuse to grant a mineral development licence if the Minister considers the grant is not in the public interest.\nThe Minister may grant the mineral development licence only if—\nthe Minister is satisfied—\nthe requirements of this Act have been complied with; and\nthe applicant is an eligible person; and\nthe applicant has paid rental for the first year of the term of the licence under section 193 (1) ; and\nthe Minister has approved the statements that, under section 183 (1) , accompanied the application.\nUnder section 190 , a mineral development licence can not be granted until the applicant has deposited security decided under that section.\nIf the application relates to acquired land, see also section 10AAC .\nThe Minister must refuse to grant a mineral development licence for land if any part of the land is—\nin a fossicking area; or\nsubject to a mineral development licence for the same mineral.\nHowever, subsection (4) (a) does not apply if the application was made but not decided before the land became a fossicking area.\nIn deciding whether to approve the statements mentioned in subsection (3) (b) , the Minister must have regard to—\nwhether there exists to a high degree of definition on or in the land a significant mineral occurrence of possible economic potential; and\nwhether the area of land applied for is appropriate to further investigation of that occurrence; and\nwhether the applicant has the financial and technical capability to comply with the conditions of the mineral development licence under section 194 .\nIf a mineral development licence is only granted for part of the relevant land—\nthe application is taken to be refused for the rest of the relevant land; and\nthe Minister must give the applicant written notice of the reasons for the refusal.\ns 186 amd 1994 No. 63 s 110 (2) sch ; 1995 No. 21 s 3 sch ; 1995 No. 58 s 4 sch 1 ; 2000 No. 64 s 113 ; 2005 No. 8 s 2 sch ; 2008 No. 33 s 92\nsub 2008 No. 56 s 42\namd 2012 No. 20 ss 57 , 281 sch 2 ; 2019 No. 17 s 225\n(sec.186-ssec.1) The Minister may— grant a mineral development licence, with or without conditions, for all or part of the land the subject of an application (the relevant land ) for the licence; or refuse the application.\n(sec.186-ssec.2) Without limiting subsection (1) , the Minister may refuse to grant a mineral development licence if the Minister considers the grant is not in the public interest.\n(sec.186-ssec.3) The Minister may grant the mineral development licence only if— the Minister is satisfied— the requirements of this Act have been complied with; and the applicant is an eligible person; and the applicant has paid rental for the first year of the term of the licence under section 193 (1) ; and the Minister has approved the statements that, under section 183 (1) , accompanied the application. Under section 190 , a mineral development licence can not be granted until the applicant has deposited security decided under that section. If the application relates to acquired land, see also section 10AAC .\n(sec.186-ssec.4) The Minister must refuse to grant a mineral development licence for land if any part of the land is— in a fossicking area; or subject to a mineral development licence for the same mineral.\n(sec.186-ssec.5) However, subsection (4) (a) does not apply if the application was made but not decided before the land became a fossicking area.\n(sec.186-ssec.6) In deciding whether to approve the statements mentioned in subsection (3) (b) , the Minister must have regard to— whether there exists to a high degree of definition on or in the land a significant mineral occurrence of possible economic potential; and whether the area of land applied for is appropriate to further investigation of that occurrence; and whether the applicant has the financial and technical capability to comply with the conditions of the mineral development licence under section 194 .\n(sec.186-ssec.7) If a mineral development licence is only granted for part of the relevant land— the application is taken to be refused for the rest of the relevant land; and the Minister must give the applicant written notice of the reasons for the refusal.\n- (a) grant a mineral development licence, with or without conditions, for all or part of the land the subject of an application (the relevant land ) for the licence; or\n- (b) refuse the application.\n- (a) the Minister is satisfied— (i) the requirements of this Act have been complied with; and (ii) the applicant is an eligible person; and (iii) the applicant has paid rental for the first year of the term of the licence under section 193 (1) ; and\n- (i) the requirements of this Act have been complied with; and\n- (ii) the applicant is an eligible person; and\n- (iii) the applicant has paid rental for the first year of the term of the licence under section 193 (1) ; and\n- (b) the Minister has approved the statements that, under section 183 (1) , accompanied the application.\n- (i) the requirements of this Act have been complied with; and\n- (ii) the applicant is an eligible person; and\n- (iii) the applicant has paid rental for the first year of the term of the licence under section 193 (1) ; and\n- 1 Under section 190 , a mineral development licence can not be granted until the applicant has deposited security decided under that section.\n- 2 If the application relates to acquired land, see also section 10AAC .\n- (a) in a fossicking area; or\n- (b) subject to a mineral development licence for the same mineral.\n- (a) whether there exists to a high degree of definition on or in the land a significant mineral occurrence of possible economic potential; and\n- (b) whether the area of land applied for is appropriate to further investigation of that occurrence; and\n- (c) whether the applicant has the financial and technical capability to comply with the conditions of the mineral development licence under section 194 .\n- (a) the application is taken to be refused for the rest of the relevant land; and\n- (b) the Minister must give the applicant written notice of the reasons for the refusal.","sortOrder":197},{"sectionNumber":"sec.186AA","sectionType":"section","heading":"Area of mineral development licence does not include particular land","content":"### sec.186AA Area of mineral development licence does not include particular land\n\nThe area of a mineral development licence does not include land that, under section 186AB , is excluded land for the licence.\ns 186AA ins 2020 No. 14 s 121","sortOrder":198},{"sectionNumber":"sec.186AB","sectionType":"section","heading":"Minister’s power to decide excluded land","content":"### sec.186AB Minister’s power to decide excluded land\n\nThe Minister may decide excluded land for a mineral development licence.\nHowever, the power under subsection (1) may be exercised only when the Minister is deciding whether to grant or renew the mineral development licence.\nExcluded land must be within—\nfor the grant of a mineral development licence—the area set out in the application for the mineral development licence; or\nfor the renewal of a mineral development licence—the original area of the mineral development licence.\nExcluded land may be described in a way the Minister considers appropriate, including, for example, by area or by reference to a stated type of land.\nLand ceases to be excluded land for a mineral development licence if the land is relinquished or, for any other reason, ceases to be in the area of the mineral development licence.\nSee section 226AA for provisions about applying to add excluded land to an existing mineral development licence.\ns 186AB ins 2020 No. 14 s 121\n(sec.186AB-ssec.1) The Minister may decide excluded land for a mineral development licence.\n(sec.186AB-ssec.2) However, the power under subsection (1) may be exercised only when the Minister is deciding whether to grant or renew the mineral development licence.\n(sec.186AB-ssec.3) Excluded land must be within— for the grant of a mineral development licence—the area set out in the application for the mineral development licence; or for the renewal of a mineral development licence—the original area of the mineral development licence.\n(sec.186AB-ssec.4) Excluded land may be described in a way the Minister considers appropriate, including, for example, by area or by reference to a stated type of land.\n(sec.186AB-ssec.5) Land ceases to be excluded land for a mineral development licence if the land is relinquished or, for any other reason, ceases to be in the area of the mineral development licence.\n- (a) for the grant of a mineral development licence—the area set out in the application for the mineral development licence; or\n- (b) for the renewal of a mineral development licence—the original area of the mineral development licence.","sortOrder":199},{"sectionNumber":"sec.186A","sectionType":"section","heading":"Details of mineral development licence to be recorded in register","content":"### sec.186A Details of mineral development licence to be recorded in register\n\nThe chief executive must record in the register the following details of a mineral development licence—\nthe identification number of the licence;\nthe name of the holder;\nthe address for service of notices on the holder;\nthe description of land for which the licence is granted;\nthe term and date of commencement of the licence;\nthe conditions, other than conditions prescribed under this Act, to which the licence is subject;\nthe minerals the subject of the licence.\ns 186A ins 2008 No. 33 s 93\nsub 2018 No. 24 s 96\n- (a) the identification number of the licence;\n- (b) the name of the holder;\n- (c) the address for service of notices on the holder;\n- (d) the description of land for which the licence is granted;\n- (e) the term and date of commencement of the licence;\n- (f) the conditions, other than conditions prescribed under this Act, to which the licence is subject;\n- (g) the minerals the subject of the licence.","sortOrder":200},{"sectionNumber":"sec.187","sectionType":"section","heading":"Holder to notify owners of land of grant or renewal","content":"### sec.187 Holder to notify owners of land of grant or renewal\n\nWithin 20 business days, or such longer period as the Minister shall in the particular case allow, after the grant or renewal of a mineral development licence, the holder shall give notice in the approved form to the owners of the parcels of land in the area of the licence.\ns 187 amd 1995 No. 21 s 3 sch ; 2005 No. 8 s 21 ; 2012 No. 20 s 125 sch 1","sortOrder":201},{"sectionNumber":"sec.188","sectionType":"section","heading":null,"content":"### Section sec.188\n\ns 188 amd 2012 No. 20 s 125 sch 1\nom 2019 No. 17 s 226","sortOrder":202},{"sectionNumber":"sec.189","sectionType":"section","heading":"Abandonment of application for mineral development licence","content":"### sec.189 Abandonment of application for mineral development licence\n\nThe applicant for the grant of a mineral development licence may, at any time before the grant of the mineral development licence, by notice in writing to the chief executive abandon the application in relation to all or part of the area to which it relates.\nThe abandonment of an application for the grant of a mineral development licence shall take effect on the day next following its receipt by the chief executive.\nIf the application is abandoned in relation to part only of the land to which it relates, the application must be amended to define the area in relation to which the application is to remain in force (the remaining area ).\nThe remaining area must be described and defined in the way required under section 183 (1) (d) and (e) .\nUpon the abandonment of an application for the grant of a mineral development licence taking effect the land that ceases to be comprised in that application shall form part of any existing exploration permit or mineral development licence over that land of which the applicant is holder.\ns 189 amd 1999 No. 35 s 33 ; 2000 No. 64 ss 114 , 174 sch ; 2005 No. 8 s 22 ; 2012 No. 20 s 125 sch 1 , s 281 sch 2 ; 2013 No. 10 s 193 sch 1 ; 2014 No. 47 s 425 (amd 2016 No. 30 s 86 ); 2019 No. 17 s 227\n(sec.189-ssec.1) The applicant for the grant of a mineral development licence may, at any time before the grant of the mineral development licence, by notice in writing to the chief executive abandon the application in relation to all or part of the area to which it relates.\n(sec.189-ssec.2) The abandonment of an application for the grant of a mineral development licence shall take effect on the day next following its receipt by the chief executive.\n(sec.189-ssec.3) If the application is abandoned in relation to part only of the land to which it relates, the application must be amended to define the area in relation to which the application is to remain in force (the remaining area ).\n(sec.189-ssec.4) The remaining area must be described and defined in the way required under section 183 (1) (d) and (e) .\n(sec.189-ssec.5) Upon the abandonment of an application for the grant of a mineral development licence taking effect the land that ceases to be comprised in that application shall form part of any existing exploration permit or mineral development licence over that land of which the applicant is holder.","sortOrder":203},{"sectionNumber":"sec.190","sectionType":"section","heading":"Provision of security","content":"### sec.190 Provision of security\n\nBefore a mineral development licence is granted or renewed or a condition of the licence is varied or approval is given to add stated minerals to the licence, the Minister, taking into consideration the matters outlined in section 183 (1) (m) (i) and (ii) , shall determine the amount of security to be deposited by the holder of that licence as reasonable security for—\ncompliance with the conditions of the licence; and\ncompliance with the provisions of this Act; and\nrectification of any actual damage that may be caused by any person whilst purporting to act under the authority of the mineral development licence to pre-existing improvements for the licence; and\namounts (other than penalties) payable to the State under this Act.\nA mineral development licence must not be granted or renewed, a condition of a mineral development licence must not be varied, and an approval must not be given to add stated minerals to a mineral development licence, until the applicant for the grant, renewal, variation or approval deposits the security decided under this section.\nThe Minister, if satisfied that any condition of the mineral development licence or any provision of this Act has not been complied with or that damage referred to in subsection (1) (c) has been caused by any person purporting to act under the authority of a mineral development licence or who enters land upon the instruction of the holder, the Minister may require that person to take all action necessary to rectify that noncompliance or damage and, save where the person was not the holder and was not upon the land with the holder’s approval at the time the damage was caused, may utilise for that purpose the whole or part of the amount of the security deposited in respect of that mineral development licence.\nIf, at any time (whether during or within 20 business days after the expiration of the term of a mineral development licence) the amount or any part of the amount deposited under this section is utilised as provided by subsection (3) or the Minister considers that, in view of the damage caused or likely to be caused by any person purporting to act under the authority of the mineral development licence or upon the instruction of the holder or for any other reason, a further amount of security should be deposited in respect of that mineral development licence, the Minister shall require the holder or former holder of the mineral development licence, within the time specified by the Minister, to deposit the further security.\nThe Minister may accept a bond or a guarantee or indemnity by, or other financial arrangement with, a financial institution, insurance company or another credit provider approved by the Minister or other form of security acceptable to the Minister as the whole or part of the security to be deposited under this section.\nIt shall be a condition of a mineral development licence that the holder shall deposit security or further security from time to time in accordance with a requirement made as provided by this section.\nWithin 20 business days after termination of a mineral development licence, the person who was the holder shall notify all owners of land in the area of the mineral development licence that any claims for rectification of actual damage to land caused under the authority or purported authority of the mineral development licence must be lodged within 6 months of termination with the chief executive.\nWhere a mineral development licence has expired or been terminated, the Minister—\nin a case where every owner of land in the area of the mineral development licence certifies that there is no actual damage to land that should be rectified—at any time; or\nin any other case—not earlier than 6 months after the expiration or the termination;\nshall, subject to subsection (9) , refund to the holder of the licence (or as the holder in writing directs) any security deposited and not utilised as provided by subsection (4) less any amount determined by the Minister to be retained towards—\nrectification of any matters caused by the noncompliance with any of the conditions of the mineral development licence or with any order or direction made or given by the Minister under this Act and directed to the holder; and\namounts (other than penalties) the holder owes to the State under this Act (whether the amounts became owing before or after the termination).\nIf the Minister accepts a bond, guarantee or indemnity by, or another financial arrangement with, a financial institution, insurance company or another credit provider as security under this section, any amount payable to the holder under subsection (8) must be refunded to the financial institution, insurance company or credit provider and not to the holder of the mineral development licence to which the security relates.\ns 190 amd 1995 No. 21 s 53 ; 1997 No. 17 s 74 sch ; 1999 No. 35 s 34 ; 2000 No. 64 s 115 ; 2005 No. 8 s 2 sch ; 2012 No. 20 s 125 sch 1 ; 2013 No. 10 s 193 sch 1\n(sec.190-ssec.1) Before a mineral development licence is granted or renewed or a condition of the licence is varied or approval is given to add stated minerals to the licence, the Minister, taking into consideration the matters outlined in section 183 (1) (m) (i) and (ii) , shall determine the amount of security to be deposited by the holder of that licence as reasonable security for— compliance with the conditions of the licence; and compliance with the provisions of this Act; and rectification of any actual damage that may be caused by any person whilst purporting to act under the authority of the mineral development licence to pre-existing improvements for the licence; and amounts (other than penalties) payable to the State under this Act.\n(sec.190-ssec.2) A mineral development licence must not be granted or renewed, a condition of a mineral development licence must not be varied, and an approval must not be given to add stated minerals to a mineral development licence, until the applicant for the grant, renewal, variation or approval deposits the security decided under this section.\n(sec.190-ssec.3) The Minister, if satisfied that any condition of the mineral development licence or any provision of this Act has not been complied with or that damage referred to in subsection (1) (c) has been caused by any person purporting to act under the authority of a mineral development licence or who enters land upon the instruction of the holder, the Minister may require that person to take all action necessary to rectify that noncompliance or damage and, save where the person was not the holder and was not upon the land with the holder’s approval at the time the damage was caused, may utilise for that purpose the whole or part of the amount of the security deposited in respect of that mineral development licence.\n(sec.190-ssec.4) If, at any time (whether during or within 20 business days after the expiration of the term of a mineral development licence) the amount or any part of the amount deposited under this section is utilised as provided by subsection (3) or the Minister considers that, in view of the damage caused or likely to be caused by any person purporting to act under the authority of the mineral development licence or upon the instruction of the holder or for any other reason, a further amount of security should be deposited in respect of that mineral development licence, the Minister shall require the holder or former holder of the mineral development licence, within the time specified by the Minister, to deposit the further security.\n(sec.190-ssec.5) The Minister may accept a bond or a guarantee or indemnity by, or other financial arrangement with, a financial institution, insurance company or another credit provider approved by the Minister or other form of security acceptable to the Minister as the whole or part of the security to be deposited under this section.\n(sec.190-ssec.6) It shall be a condition of a mineral development licence that the holder shall deposit security or further security from time to time in accordance with a requirement made as provided by this section.\n(sec.190-ssec.7) Within 20 business days after termination of a mineral development licence, the person who was the holder shall notify all owners of land in the area of the mineral development licence that any claims for rectification of actual damage to land caused under the authority or purported authority of the mineral development licence must be lodged within 6 months of termination with the chief executive.\n(sec.190-ssec.8) Where a mineral development licence has expired or been terminated, the Minister— in a case where every owner of land in the area of the mineral development licence certifies that there is no actual damage to land that should be rectified—at any time; or in any other case—not earlier than 6 months after the expiration or the termination; shall, subject to subsection (9) , refund to the holder of the licence (or as the holder in writing directs) any security deposited and not utilised as provided by subsection (4) less any amount determined by the Minister to be retained towards— rectification of any matters caused by the noncompliance with any of the conditions of the mineral development licence or with any order or direction made or given by the Minister under this Act and directed to the holder; and amounts (other than penalties) the holder owes to the State under this Act (whether the amounts became owing before or after the termination).\n(sec.190-ssec.9) If the Minister accepts a bond, guarantee or indemnity by, or another financial arrangement with, a financial institution, insurance company or another credit provider as security under this section, any amount payable to the holder under subsection (8) must be refunded to the financial institution, insurance company or credit provider and not to the holder of the mineral development licence to which the security relates.\n- (a) compliance with the conditions of the licence; and\n- (b) compliance with the provisions of this Act; and\n- (c) rectification of any actual damage that may be caused by any person whilst purporting to act under the authority of the mineral development licence to pre-existing improvements for the licence; and\n- (d) amounts (other than penalties) payable to the State under this Act.\n- (a) in a case where every owner of land in the area of the mineral development licence certifies that there is no actual damage to land that should be rectified—at any time; or\n- (b) in any other case—not earlier than 6 months after the expiration or the termination;\n- (c) rectification of any matters caused by the noncompliance with any of the conditions of the mineral development licence or with any order or direction made or given by the Minister under this Act and directed to the holder; and\n- (d) amounts (other than penalties) the holder owes to the State under this Act (whether the amounts became owing before or after the termination).","sortOrder":204},{"sectionNumber":"sec.191","sectionType":"section","heading":null,"content":"### Section sec.191\n\ns 191 amd 1990 No. 30 s 20 ; 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch\nom 2010 No. 31 s 456","sortOrder":205},{"sectionNumber":"sec.192","sectionType":"section","heading":"Initial term of mineral development licence","content":"### sec.192 Initial term of mineral development licence\n\nThe initial term of a mineral development licence shall, unless the licence is sooner terminated, be for a period not exceeding 5 years (or such longer period as the Minister approves) commencing on the first day of the month which next follows the day on which the mineral development licence is granted.\nFrom the grant of a mineral development licence to the commencement of the initial term thereof the holder shall have all the entitlements, powers, duties and functions that the holder has during the term of the licence except section 193 shall not apply.\ns 192 amd 1999 No. 35 s 36\n(sec.192-ssec.1) The initial term of a mineral development licence shall, unless the licence is sooner terminated, be for a period not exceeding 5 years (or such longer period as the Minister approves) commencing on the first day of the month which next follows the day on which the mineral development licence is granted.\n(sec.192-ssec.2) From the grant of a mineral development licence to the commencement of the initial term thereof the holder shall have all the entitlements, powers, duties and functions that the holder has during the term of the licence except section 193 shall not apply.","sortOrder":206},{"sectionNumber":"sec.193","sectionType":"section","heading":"Rental payable on mineral development licence","content":"### sec.193 Rental payable on mineral development licence\n\nRental for the first year of the term of a mineral development licence (its first rental period ) is payable before the granting of the licence under section 186 .\nThe amount of the rental payable in respect of the first rental period shall be an amount that bears to the rental payable for a rental year prescribed pursuant to subsection (4) for the rental year in which the first rental period falls the same proportion that the number of whole calendar months of the first rental period bears to 12.\nIn respect of each rental year or part thereof of the term of a mineral development licence (other than the first rental period) a full rental year’s rental shall be payable in advance not later than 31 August of the previous rental year.\nIf the full rental payable for a rental year is paid in advance as prescribed by subsection (3) , the amount of the rental shall be the amount prescribed under a regulation for that rental year.\nIf, for a particular rental year, rental is not paid in advance as prescribed by subsection (3) —\nthe Minister shall, prior to 30 September of that rental year, notify the holder of and any person holding a recorded interest in the mineral development licence (other than an associated agreement recorded in the register under the Common Provisions Act ) that the rental has not been paid as prescribed by subsection (3) and of the amount of rental as prescribed by paragraph (b) ; and\nthe amount of the full rental payable for the rental year shall be payable before 1 December of that rental year and shall be an amount equal to the amount prescribed under a regulation for that rental year plus an amount equal to 15% of that prescribed amount.\nUpon the renewal of a mineral development licence, no further rental shall be payable in respect of the period that, if the renewal was a grant of a mineral development licence, would be the first rental period, except where that period commences on 1 September.\nExcept as provided in subsection (8) , where in any rental year a mineral development licence is surrendered or terminated through effluxion of time and is not renewed there shall be refundable to the last holder of the mineral development licence an amount that bears to the amount of the rental that was paid in respect of that rental year the same proportion that the number of whole calendar months from—\nthe date of surrender or termination; or\nthe date of rejection of the application for renewal;\nwhichever is the later, to 31 August of that rental year bears to 12.\nNo amount shall be refunded pursuant to subsection (7) where a mineral development licence is surrendered within its first rental period after its original grant.\ns 193 amd 1995 No. 21 s 54 ; 2002 No. 62 s 5 ; 2005 No. 8 s 2 sch ; 2008 No. 56 s 43 ; 2012 No. 20 ss 181 , 323 sch 3 ; 2014 No. 47 s 357\n(sec.193-ssec.1) Rental for the first year of the term of a mineral development licence (its first rental period ) is payable before the granting of the licence under section 186 .\n(sec.193-ssec.2) The amount of the rental payable in respect of the first rental period shall be an amount that bears to the rental payable for a rental year prescribed pursuant to subsection (4) for the rental year in which the first rental period falls the same proportion that the number of whole calendar months of the first rental period bears to 12.\n(sec.193-ssec.3) In respect of each rental year or part thereof of the term of a mineral development licence (other than the first rental period) a full rental year’s rental shall be payable in advance not later than 31 August of the previous rental year.\n(sec.193-ssec.4) If the full rental payable for a rental year is paid in advance as prescribed by subsection (3) , the amount of the rental shall be the amount prescribed under a regulation for that rental year.\n(sec.193-ssec.5) If, for a particular rental year, rental is not paid in advance as prescribed by subsection (3) — the Minister shall, prior to 30 September of that rental year, notify the holder of and any person holding a recorded interest in the mineral development licence (other than an associated agreement recorded in the register under the Common Provisions Act ) that the rental has not been paid as prescribed by subsection (3) and of the amount of rental as prescribed by paragraph (b) ; and the amount of the full rental payable for the rental year shall be payable before 1 December of that rental year and shall be an amount equal to the amount prescribed under a regulation for that rental year plus an amount equal to 15% of that prescribed amount.\n(sec.193-ssec.6) Upon the renewal of a mineral development licence, no further rental shall be payable in respect of the period that, if the renewal was a grant of a mineral development licence, would be the first rental period, except where that period commences on 1 September.\n(sec.193-ssec.7) Except as provided in subsection (8) , where in any rental year a mineral development licence is surrendered or terminated through effluxion of time and is not renewed there shall be refundable to the last holder of the mineral development licence an amount that bears to the amount of the rental that was paid in respect of that rental year the same proportion that the number of whole calendar months from— the date of surrender or termination; or the date of rejection of the application for renewal; whichever is the later, to 31 August of that rental year bears to 12.\n(sec.193-ssec.8) No amount shall be refunded pursuant to subsection (7) where a mineral development licence is surrendered within its first rental period after its original grant.\n- (a) the Minister shall, prior to 30 September of that rental year, notify the holder of and any person holding a recorded interest in the mineral development licence (other than an associated agreement recorded in the register under the Common Provisions Act ) that the rental has not been paid as prescribed by subsection (3) and of the amount of rental as prescribed by paragraph (b) ; and\n- (b) the amount of the full rental payable for the rental year shall be payable before 1 December of that rental year and shall be an amount equal to the amount prescribed under a regulation for that rental year plus an amount equal to 15% of that prescribed amount.\n- (a) the date of surrender or termination; or\n- (b) the date of rejection of the application for renewal;","sortOrder":207},{"sectionNumber":"sec.193A","sectionType":"section","heading":null,"content":"### Section sec.193A\n\ns 193A ins 2010 No. 52 s 31\nom 2014 No. 47 s 484","sortOrder":208},{"sectionNumber":"sec.194","sectionType":"section","heading":"Conditions of mineral development licence","content":"### sec.194 Conditions of mineral development licence\n\nEach mineral development licence shall be subject to—\na condition that the holder must—\ncomply with the mandatory provisions of the land access code to the extent it applies to the holder; and\nensure any other person carrying out an authorised activity for the mineral development licence complies with the mandatory provisions of the land access code; and\nif the holder uses land outside the boundary of the area of the mineral development licence for access to the area of the mineral development licence, a condition that the holder may use the land only for the following purposes—\nto transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mineral development licence;\nto transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder;\nto construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii) ; and\na condition that the holder shall carry out such activities (if any) for which the mineral development licence was granted and in accordance with this Act and the conditions of the mineral development licence and for no other purpose; and\na condition that the holder must carry out improvement restoration for the mineral development licence; and\na condition that the holder, prior to the termination of the mineral development licence for whatever cause, shall remove all equipment and plant on or in the area of the mineral development licence unless otherwise authorised in writing by the Minister; and\na condition that without the prior approval in writing of the Minister the holder shall not obstruct or interfere with any right of access had at any time during the term of the mineral development licence by any person in respect of the area of the mineral development licence for so long as that right of access is exercised; and\na condition that the holder must give the Minister, in the way prescribed by regulation, the reports, returns, documents and statements required to be given to the Minister under a regulation; and\na condition that the holder must, when the Minister requires, give to the Minister—\na report about the mineral development licence, that is in addition to any report mentioned in paragraph (g) ; and\nmaterials obtained because of the holder’s activities under the mineral development licence; and\na condition that the holder—\nshall pay the rental as prescribed; and\nshall deposit as required by the Minister any security from time to time under this Act; and\na condition that the holder shall comply with this Act and other mining legislation; and\nsuch other conditions as are prescribed; and\nsuch other conditions as are determined by the Minister.\nWithout limiting subsection (1) , the Minister may determine a condition of a mineral development licence if the Minister considers the condition is in the public interest.\nThe holder of a mineral development licence and all persons acting under the authority of the licence shall comply with the conditions for the time being of the licence.\nConditions may be imposed in respect of a mineral development licence that require compliance with specified codes or industry agreements.\nDespite subsections (1) , (2) and (4) , a condition must not be determined, imposed, prescribed or varied if the condition, or the condition as varied, is the same, or substantially the same, or inconsistent with, a relevant environmental condition for the mineral development licence.\nA mineral development licence granted after the commencement of the Mineral Resources Amendment Act 1998 is subject to a condition that the holder comply with the At Risk agreement.\ns 194 amd 1990 No. 30 s 21 ; 1995 No. 21 s 55 ; 1998 No. 27 s 4 ; 2000 No. 64 ss 116 , 174 sch ; 2005 No. 8 s 23 ; 2006 No. 59 s 50 ; 2008 No. 56 s 44 ; 2010 No. 31 s 457 ; 2012 No. 20 ss 182 , 125 sch 1 , s 281 sch 2 (amd 2013 No. 10 s 158 (2)); 2014 No. 40 s 115 ; 2014 No. 47 s 485 ; 2018 No. 24 s 97\n(sec.194-ssec.1) Each mineral development licence shall be subject to— a condition that the holder must— comply with the mandatory provisions of the land access code to the extent it applies to the holder; and ensure any other person carrying out an authorised activity for the mineral development licence complies with the mandatory provisions of the land access code; and if the holder uses land outside the boundary of the area of the mineral development licence for access to the area of the mineral development licence, a condition that the holder may use the land only for the following purposes— to transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mineral development licence; to transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder; to construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii) ; and a condition that the holder shall carry out such activities (if any) for which the mineral development licence was granted and in accordance with this Act and the conditions of the mineral development licence and for no other purpose; and a condition that the holder must carry out improvement restoration for the mineral development licence; and a condition that the holder, prior to the termination of the mineral development licence for whatever cause, shall remove all equipment and plant on or in the area of the mineral development licence unless otherwise authorised in writing by the Minister; and a condition that without the prior approval in writing of the Minister the holder shall not obstruct or interfere with any right of access had at any time during the term of the mineral development licence by any person in respect of the area of the mineral development licence for so long as that right of access is exercised; and a condition that the holder must give the Minister, in the way prescribed by regulation, the reports, returns, documents and statements required to be given to the Minister under a regulation; and a condition that the holder must, when the Minister requires, give to the Minister— a report about the mineral development licence, that is in addition to any report mentioned in paragraph (g) ; and materials obtained because of the holder’s activities under the mineral development licence; and a condition that the holder— shall pay the rental as prescribed; and shall deposit as required by the Minister any security from time to time under this Act; and a condition that the holder shall comply with this Act and other mining legislation; and such other conditions as are prescribed; and such other conditions as are determined by the Minister.\n(sec.194-ssec.2) Without limiting subsection (1) , the Minister may determine a condition of a mineral development licence if the Minister considers the condition is in the public interest.\n(sec.194-ssec.3) The holder of a mineral development licence and all persons acting under the authority of the licence shall comply with the conditions for the time being of the licence.\n(sec.194-ssec.4) Conditions may be imposed in respect of a mineral development licence that require compliance with specified codes or industry agreements.\n(sec.194-ssec.5) Despite subsections (1) , (2) and (4) , a condition must not be determined, imposed, prescribed or varied if the condition, or the condition as varied, is the same, or substantially the same, or inconsistent with, a relevant environmental condition for the mineral development licence.\n(sec.194-ssec.6) A mineral development licence granted after the commencement of the Mineral Resources Amendment Act 1998 is subject to a condition that the holder comply with the At Risk agreement.\n- (a) a condition that the holder must— (i) comply with the mandatory provisions of the land access code to the extent it applies to the holder; and (ii) ensure any other person carrying out an authorised activity for the mineral development licence complies with the mandatory provisions of the land access code; and\n- (i) comply with the mandatory provisions of the land access code to the extent it applies to the holder; and\n- (ii) ensure any other person carrying out an authorised activity for the mineral development licence complies with the mandatory provisions of the land access code; and\n- (b) if the holder uses land outside the boundary of the area of the mineral development licence for access to the area of the mineral development licence, a condition that the holder may use the land only for the following purposes— (i) to transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mineral development licence; (ii) to transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder; (iii) to construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii) ; and\n- (i) to transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mineral development licence;\n- (ii) to transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder;\n- (iii) to construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii) ; and\n- (c) a condition that the holder shall carry out such activities (if any) for which the mineral development licence was granted and in accordance with this Act and the conditions of the mineral development licence and for no other purpose; and\n- (d) a condition that the holder must carry out improvement restoration for the mineral development licence; and\n- (e) a condition that the holder, prior to the termination of the mineral development licence for whatever cause, shall remove all equipment and plant on or in the area of the mineral development licence unless otherwise authorised in writing by the Minister; and\n- (f) a condition that without the prior approval in writing of the Minister the holder shall not obstruct or interfere with any right of access had at any time during the term of the mineral development licence by any person in respect of the area of the mineral development licence for so long as that right of access is exercised; and\n- (g) a condition that the holder must give the Minister, in the way prescribed by regulation, the reports, returns, documents and statements required to be given to the Minister under a regulation; and\n- (h) a condition that the holder must, when the Minister requires, give to the Minister— (i) a report about the mineral development licence, that is in addition to any report mentioned in paragraph (g) ; and (ii) materials obtained because of the holder’s activities under the mineral development licence; and\n- (i) a report about the mineral development licence, that is in addition to any report mentioned in paragraph (g) ; and\n- (ii) materials obtained because of the holder’s activities under the mineral development licence; and\n- (i) a condition that the holder— (i) shall pay the rental as prescribed; and (ii) shall deposit as required by the Minister any security from time to time under this Act; and\n- (i) shall pay the rental as prescribed; and\n- (ii) shall deposit as required by the Minister any security from time to time under this Act; and\n- (j) a condition that the holder shall comply with this Act and other mining legislation; and\n- (k) such other conditions as are prescribed; and\n- (l) such other conditions as are determined by the Minister.\n- (i) comply with the mandatory provisions of the land access code to the extent it applies to the holder; and\n- (ii) ensure any other person carrying out an authorised activity for the mineral development licence complies with the mandatory provisions of the land access code; and\n- (i) to transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mineral development licence;\n- (ii) to transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder;\n- (iii) to construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii) ; and\n- (i) a report about the mineral development licence, that is in addition to any report mentioned in paragraph (g) ; and\n- (ii) materials obtained because of the holder’s activities under the mineral development licence; and\n- (i) shall pay the rental as prescribed; and\n- (ii) shall deposit as required by the Minister any security from time to time under this Act; and","sortOrder":209},{"sectionNumber":"sec.194AAA","sectionType":"section","heading":"Additional conditions of mineral development licence relating to native title","content":"### sec.194AAA Additional conditions of mineral development licence relating to native title\n\nConditions determined for a mineral development licence by the Minister under section 194 (1) (l) may include native title protection conditions for the licence.\nSubsection (1) does not limit section 194 (1) (l) .\nIn this section—\nnative title protection conditions , for a mineral development licence, means conditions that—\nare about ways of minimising the impact of the licence on native title in relation to the land affected by the licence, including ways of accessing the land and ways anything authorised under the licence may be done; and\nare identified in the licence as native title protection conditions for the licence.\ns 194AAA ins 2003 No. 10 s 34\namd 2018 No. 24 s 98\n(sec.194AAA-ssec.1) Conditions determined for a mineral development licence by the Minister under section 194 (1) (l) may include native title protection conditions for the licence.\n(sec.194AAA-ssec.2) Subsection (1) does not limit section 194 (1) (l) .\n(sec.194AAA-ssec.3) In this section— native title protection conditions , for a mineral development licence, means conditions that— are about ways of minimising the impact of the licence on native title in relation to the land affected by the licence, including ways of accessing the land and ways anything authorised under the licence may be done; and are identified in the licence as native title protection conditions for the licence.\n- (a) are about ways of minimising the impact of the licence on native title in relation to the land affected by the licence, including ways of accessing the land and ways anything authorised under the licence may be done; and\n- (b) are identified in the licence as native title protection conditions for the licence.","sortOrder":210},{"sectionNumber":"sec.194AA","sectionType":"section","heading":null,"content":"### Section sec.194AA\n\ns 194AA ins 1999 No. 35 s 36\namd 2000 No. 36 s 18 sch 1 ; 2012 No. 20 s 323 sch 3\nom 2014 No. 47 s 472","sortOrder":211},{"sectionNumber":"sec.194AB","sectionType":"section","heading":"Other agreement conditions","content":"### sec.194AB Other agreement conditions\n\nThis section applies if—\na registered indigenous use agreement under the Commonwealth Native Title Act , or an agreement mentioned in section 31 (1) (b) of the Commonwealth Native Title Act , provides for the grant, renewal or variation of, or another act concerning, a mineral development licence; and\nthe State is a party to the agreement; and\nthe agreement includes a requirement that, if the act is done, the mineral development licence must be subject to conditions stated in the agreement (the stated conditions ); and\nthe act is done.\nThe mineral development licence is subject to the stated conditions.\ns 194AB ins 1999 No. 35 s 36\namd 2000 No. 36 s 18 sch 1\n(sec.194AB-ssec.1) This section applies if— a registered indigenous use agreement under the Commonwealth Native Title Act , or an agreement mentioned in section 31 (1) (b) of the Commonwealth Native Title Act , provides for the grant, renewal or variation of, or another act concerning, a mineral development licence; and the State is a party to the agreement; and the agreement includes a requirement that, if the act is done, the mineral development licence must be subject to conditions stated in the agreement (the stated conditions ); and the act is done.\n(sec.194AB-ssec.2) The mineral development licence is subject to the stated conditions.\n- (a) a registered indigenous use agreement under the Commonwealth Native Title Act , or an agreement mentioned in section 31 (1) (b) of the Commonwealth Native Title Act , provides for the grant, renewal or variation of, or another act concerning, a mineral development licence; and\n- (b) the State is a party to the agreement; and\n- (c) the agreement includes a requirement that, if the act is done, the mineral development licence must be subject to conditions stated in the agreement (the stated conditions ); and\n- (d) the act is done.","sortOrder":212},{"sectionNumber":"sec.194ABA","sectionType":"section","heading":"Power to impose or amend condition if changed holder of mineral development licence","content":"### sec.194ABA Power to impose or amend condition if changed holder of mineral development licence\n\nThis section applies if 1 of the following changes happens—\nan entity starts or stops controlling the holder of a mineral development licence under the Corporations Act , section 50AA ;\nthe holder of a mineral development licence starts or stops being a subsidiary of a corporation under the Corporations Act , section 46 .\nThe Minister may consider whether, after the change, the holder of the mineral development licence has the financial and technical resources to comply with the conditions of the mineral development licence.\nIf the Minister considers the holder of the mineral development licence may not have the financial and technical resources to comply with conditions of the mineral development licence, the Minister may impose another condition on, or amend a condition of, the mineral development licence.\nIf the Minister believes a change mentioned in subsection (1) may have happened, the Minister may require the holder of the mineral development licence to give the Minister information or a document about whether or not the change has happened.\nBefore deciding to impose another condition on, or amend a condition of, the mineral development licence under subsection (3) , the Minister may require the holder of the mineral development licence to give the Minister information or a document the Minister requires to make the decision.\nA requirement under subsection (4) or (5) must—\nbe made by notice given to the holder; and\nstate a period of at least 10 business days within which the holder must comply with the requirement.\nBefore deciding to impose another condition on, or amend a condition of, the mineral development licence under subsection (3) , the Minister must give the holder of the licence a notice stating—\nthe proposed decision; and\nthe reasons for the proposed decision; and\nthat the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.\nThe Minister may extend the period mentioned in subsection (6) (b) or (7) (c) by notice given to the holder of the mineral development licence.\nIn deciding whether to impose another condition on, or amend a condition of, the mineral development licence under subsection (3) , the Minister—\nmust consider information or a document, if any, given under subsection (6) (b) or (7) (c) ; and\nmay consider any other matter the Minister considers relevant.\nIf the Minister decides to impose another condition on, or amend a condition of, the mineral development licence under subsection (3) , the Minister must, as soon as practicable after making the decision, give the holder a notice stating the decision and the reasons for the decision.\ns 194ABA ins 2020 No. 14 s 122\n(sec.194ABA-ssec.1) This section applies if 1 of the following changes happens— an entity starts or stops controlling the holder of a mineral development licence under the Corporations Act , section 50AA ; the holder of a mineral development licence starts or stops being a subsidiary of a corporation under the Corporations Act , section 46 .\n(sec.194ABA-ssec.2) The Minister may consider whether, after the change, the holder of the mineral development licence has the financial and technical resources to comply with the conditions of the mineral development licence.\n(sec.194ABA-ssec.3) If the Minister considers the holder of the mineral development licence may not have the financial and technical resources to comply with conditions of the mineral development licence, the Minister may impose another condition on, or amend a condition of, the mineral development licence.\n(sec.194ABA-ssec.4) If the Minister believes a change mentioned in subsection (1) may have happened, the Minister may require the holder of the mineral development licence to give the Minister information or a document about whether or not the change has happened.\n(sec.194ABA-ssec.5) Before deciding to impose another condition on, or amend a condition of, the mineral development licence under subsection (3) , the Minister may require the holder of the mineral development licence to give the Minister information or a document the Minister requires to make the decision.\n(sec.194ABA-ssec.6) A requirement under subsection (4) or (5) must— be made by notice given to the holder; and state a period of at least 10 business days within which the holder must comply with the requirement.\n(sec.194ABA-ssec.7) Before deciding to impose another condition on, or amend a condition of, the mineral development licence under subsection (3) , the Minister must give the holder of the licence a notice stating— the proposed decision; and the reasons for the proposed decision; and that the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.\n(sec.194ABA-ssec.8) The Minister may extend the period mentioned in subsection (6) (b) or (7) (c) by notice given to the holder of the mineral development licence.\n(sec.194ABA-ssec.9) In deciding whether to impose another condition on, or amend a condition of, the mineral development licence under subsection (3) , the Minister— must consider information or a document, if any, given under subsection (6) (b) or (7) (c) ; and may consider any other matter the Minister considers relevant.\n(sec.194ABA-ssec.10) If the Minister decides to impose another condition on, or amend a condition of, the mineral development licence under subsection (3) , the Minister must, as soon as practicable after making the decision, give the holder a notice stating the decision and the reasons for the decision.\n- (a) an entity starts or stops controlling the holder of a mineral development licence under the Corporations Act , section 50AA ;\n- (b) the holder of a mineral development licence starts or stops being a subsidiary of a corporation under the Corporations Act , section 46 .\n- (a) be made by notice given to the holder; and\n- (b) state a period of at least 10 business days within which the holder must comply with the requirement.\n- (a) the proposed decision; and\n- (b) the reasons for the proposed decision; and\n- (c) that the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.\n- (a) must consider information or a document, if any, given under subsection (6) (b) or (7) (c) ; and\n- (b) may consider any other matter the Minister considers relevant.","sortOrder":213},{"sectionNumber":"sec.194AC","sectionType":"section","heading":"Application to vary conditions of existing licence","content":"### sec.194AC Application to vary conditions of existing licence\n\nThe holder of a mineral development licence (the existing licence ) may apply to the Minister for a variation of the conditions of the existing licence.\nThe provisions of this part apply, with necessary changes, to an application under subsection (1) as if it were an application under section 183 .\nWithout limiting subsection (2) , in deciding the application, the Minister may—\nvary the conditions of the existing licence by imposing conditions under section 194 (1) (l) in addition to any conditions that apply under the existing licence; and\nfix an amount of security to be deposited under section 190 in addition to any security for the existing licence.\nWithout limiting subsection (3) , the Minister may refuse to make a variation mentioned in subsection (3) (a) if the Minister considers the variation is not in the public interest.\nThe chief executive must record in the register the details of any varied conditions applying to the existing licence, including any conditions imposed as mentioned in subsection (3) (a) .\ns 194AC ins 1999 No. 35 s 36\namd 2000 No. 64 s 174 sch ; 2008 No. 56 s 45 ; 2012 No. 20 s 281 sch 2 ; 2018 No. 24 s 99\n(sec.194AC-ssec.1) The holder of a mineral development licence (the existing licence ) may apply to the Minister for a variation of the conditions of the existing licence.\n(sec.194AC-ssec.2) The provisions of this part apply, with necessary changes, to an application under subsection (1) as if it were an application under section 183 .\n(sec.194AC-ssec.3) Without limiting subsection (2) , in deciding the application, the Minister may— vary the conditions of the existing licence by imposing conditions under section 194 (1) (l) in addition to any conditions that apply under the existing licence; and fix an amount of security to be deposited under section 190 in addition to any security for the existing licence.\n(sec.194AC-ssec.4) Without limiting subsection (3) , the Minister may refuse to make a variation mentioned in subsection (3) (a) if the Minister considers the variation is not in the public interest.\n(sec.194AC-ssec.5) The chief executive must record in the register the details of any varied conditions applying to the existing licence, including any conditions imposed as mentioned in subsection (3) (a) .\n- (a) vary the conditions of the existing licence by imposing conditions under section 194 (1) (l) in addition to any conditions that apply under the existing licence; and\n- (b) fix an amount of security to be deposited under section 190 in addition to any security for the existing licence.","sortOrder":214},{"sectionNumber":"sec.194A","sectionType":"section","heading":"Land Court’s jurisdiction for At Risk agreement","content":"### sec.194A Land Court’s jurisdiction for At Risk agreement\n\nThe Land Court has jurisdiction to hear and decide a proceeding about the following matters under a condition of a mineral development licence requiring compliance with the At Risk agreement—\nwhether hardship, as defined under the agreement, exists;\nthe fair market value of a property for the purposes of the agreement.\nIn a proceeding under subsection (1) (a) , the Land Court must consider—\nall relevant matters put before the committee in any mediation under the agreement; and\nthe final recommendation made by the committee in the mediation.\nIn a proceeding, a copy of the agreement as at a particular date, certified as a true copy by the chief executive, is admissible as evidence of the agreement at that date until the contrary is proved.\nDespite the Limitation of Actions Act 1974 , a proceeding must start—\nfor a matter that arose before the commencement of this section—within 1 year after the commencement; or\nfor a matter that arose after the commencement of this section—within 1 year after the committee gives notice of its final recommendation about whether hardship, as defined under the agreement, exists.\nIn this section—\ncommittee means the committee mentioned in the At Risk agreement.\ns 194A ins 1998 No. 27 s 5\namd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch\n(sec.194A-ssec.1) The Land Court has jurisdiction to hear and decide a proceeding about the following matters under a condition of a mineral development licence requiring compliance with the At Risk agreement— whether hardship, as defined under the agreement, exists; the fair market value of a property for the purposes of the agreement.\n(sec.194A-ssec.2) In a proceeding under subsection (1) (a) , the Land Court must consider— all relevant matters put before the committee in any mediation under the agreement; and the final recommendation made by the committee in the mediation.\n(sec.194A-ssec.3) In a proceeding, a copy of the agreement as at a particular date, certified as a true copy by the chief executive, is admissible as evidence of the agreement at that date until the contrary is proved.\n(sec.194A-ssec.4) Despite the Limitation of Actions Act 1974 , a proceeding must start— for a matter that arose before the commencement of this section—within 1 year after the commencement; or for a matter that arose after the commencement of this section—within 1 year after the committee gives notice of its final recommendation about whether hardship, as defined under the agreement, exists.\n(sec.194A-ssec.5) In this section— committee means the committee mentioned in the At Risk agreement.\n- (a) whether hardship, as defined under the agreement, exists;\n- (b) the fair market value of a property for the purposes of the agreement.\n- (a) all relevant matters put before the committee in any mediation under the agreement; and\n- (b) the final recommendation made by the committee in the mediation.\n- (a) for a matter that arose before the commencement of this section—within 1 year after the commencement; or\n- (b) for a matter that arose after the commencement of this section—within 1 year after the committee gives notice of its final recommendation about whether hardship, as defined under the agreement, exists.","sortOrder":215},{"sectionNumber":"sec.195","sectionType":"section","heading":null,"content":"### Section sec.195\n\ns 195 ins 1995 No. 21 s 56\nom 2000 No. 64 s 117","sortOrder":216},{"sectionNumber":"sec.196","sectionType":"section","heading":null,"content":"### Section sec.196\n\ns 196 ins 1995 No. 21 s 56\nom 2000 No. 64 s 117","sortOrder":217},{"sectionNumber":"sec.197","sectionType":"section","heading":"Application for renewal of mineral development licence","content":"### sec.197 Application for renewal of mineral development licence\n\nThe holder of a mineral development licence may, within the renewal period, apply to the Minister for a renewal of the licence.\nThe application must be—\nmade in the approved form; and\naccompanied by the fee prescribed under a regulation; and\naccompanied by a statement—\ndescribing the program of work proposed to be carried out under the authority of the mineral development licence, if renewed; and\ndetailing the estimated human, technical and financial resources to be used to carry out activities under the mineral development licence during each year of the term of the mineral development licence, if renewed; and\ndetailing the applicant’s financial and technical resources for carrying out the activities under the mineral development licence, if renewed.\nIn this section—\nrenewal period means the period that is—\nat least 6 months, or any shorter period allowed by the Minister in the particular case, before the current term of the licence expires; and\nnot more than 1 year before the current term expires.\ns 197 amd 1995 No. 21 s 3 sch ; 1999 No. 35 s 37 ; 2000 No. 64 ss 118 , 174 sch\nsub 2005 No. 8 s 24\namd 2008 No. 56 s 46 ; 2017 No. 28 s 23\n(sec.197-ssec.1) The holder of a mineral development licence may, within the renewal period, apply to the Minister for a renewal of the licence.\n(sec.197-ssec.2) The application must be— made in the approved form; and accompanied by the fee prescribed under a regulation; and accompanied by a statement— describing the program of work proposed to be carried out under the authority of the mineral development licence, if renewed; and detailing the estimated human, technical and financial resources to be used to carry out activities under the mineral development licence during each year of the term of the mineral development licence, if renewed; and detailing the applicant’s financial and technical resources for carrying out the activities under the mineral development licence, if renewed.\n(sec.197-ssec.3) In this section— renewal period means the period that is— at least 6 months, or any shorter period allowed by the Minister in the particular case, before the current term of the licence expires; and not more than 1 year before the current term expires.\n- (a) made in the approved form; and\n- (b) accompanied by the fee prescribed under a regulation; and\n- (c) accompanied by a statement— (i) describing the program of work proposed to be carried out under the authority of the mineral development licence, if renewed; and (ii) detailing the estimated human, technical and financial resources to be used to carry out activities under the mineral development licence during each year of the term of the mineral development licence, if renewed; and (iii) detailing the applicant’s financial and technical resources for carrying out the activities under the mineral development licence, if renewed.\n- (i) describing the program of work proposed to be carried out under the authority of the mineral development licence, if renewed; and\n- (ii) detailing the estimated human, technical and financial resources to be used to carry out activities under the mineral development licence during each year of the term of the mineral development licence, if renewed; and\n- (iii) detailing the applicant’s financial and technical resources for carrying out the activities under the mineral development licence, if renewed.\n- (i) describing the program of work proposed to be carried out under the authority of the mineral development licence, if renewed; and\n- (ii) detailing the estimated human, technical and financial resources to be used to carry out activities under the mineral development licence during each year of the term of the mineral development licence, if renewed; and\n- (iii) detailing the applicant’s financial and technical resources for carrying out the activities under the mineral development licence, if renewed.\n- (a) at least 6 months, or any shorter period allowed by the Minister in the particular case, before the current term of the licence expires; and\n- (b) not more than 1 year before the current term expires.","sortOrder":218},{"sectionNumber":"sec.197AA","sectionType":"section","heading":null,"content":"### Section sec.197AA\n\ns 197AA ins 2008 No. 56 s 47\nom 2012 No. 20 s 183","sortOrder":219},{"sectionNumber":"sec.197A","sectionType":"section","heading":"Decision on application","content":"### sec.197A Decision on application\n\nThe Minister may renew a mineral development licence if the Minister is satisfied of each of the following—\nthe holder of the licence has complied with—\nthe licence; and\nthis Act in relation to the licence;\nthere exists on or in the land in relation to which the application is made a mineral occurrence of possible economic potential to sustain a mining operation;\nthe activities proposed to be undertaken during the renewed term are appropriate;\nthe financial and technical resources available to the holder to carry out the proposed activities during the renewed term are appropriate.\nHowever, if the application relates to acquired land, see also section 10AAC .\nThe renewal may be granted for the further term of not more than 5 years decided by the Minister.\nThe renewed licence is subject to—\nany conditions prescribed under a regulation; and\nany conditions decided by the Minister, for the licence.\nWithout limiting subsection (3) , the Minister may decide a condition of the renewed licence if the Minister considers the condition is in the public interest.\nThe Minister may refuse to renew the licence if the Minister—\nhas served on the holder a notice in the approved form asking the holder to show cause, within the period stated in the notice, why the renewal should not be refused; and\nafter considering the holder’s response, is satisfied the renewal should be refused.\nWithout limiting subsection (5) (b) , the Minister may refuse the renewal if the Minister considers the renewal is not in the public interest.\nAs soon as practicable after deciding the application for the renewal, the Minister must give the holder a written notice stating—\nthe decision; and\nif the decision is to grant the renewal on conditions, or to refuse the renewal, the reasons for the decision.\ns 197A ins 2005 No. 8 s 24\namd 2008 No. 56 s 48 ; 2012 No. 20 s 58\n(sec.197A-ssec.1) The Minister may renew a mineral development licence if the Minister is satisfied of each of the following— the holder of the licence has complied with— the licence; and this Act in relation to the licence; there exists on or in the land in relation to which the application is made a mineral occurrence of possible economic potential to sustain a mining operation; the activities proposed to be undertaken during the renewed term are appropriate; the financial and technical resources available to the holder to carry out the proposed activities during the renewed term are appropriate. However, if the application relates to acquired land, see also section 10AAC .\n(sec.197A-ssec.2) The renewal may be granted for the further term of not more than 5 years decided by the Minister.\n(sec.197A-ssec.3) The renewed licence is subject to— any conditions prescribed under a regulation; and any conditions decided by the Minister, for the licence.\n(sec.197A-ssec.4) Without limiting subsection (3) , the Minister may decide a condition of the renewed licence if the Minister considers the condition is in the public interest.\n(sec.197A-ssec.5) The Minister may refuse to renew the licence if the Minister— has served on the holder a notice in the approved form asking the holder to show cause, within the period stated in the notice, why the renewal should not be refused; and after considering the holder’s response, is satisfied the renewal should be refused.\n(sec.197A-ssec.6) Without limiting subsection (5) (b) , the Minister may refuse the renewal if the Minister considers the renewal is not in the public interest.\n(sec.197A-ssec.7) As soon as practicable after deciding the application for the renewal, the Minister must give the holder a written notice stating— the decision; and if the decision is to grant the renewal on conditions, or to refuse the renewal, the reasons for the decision.\n- (a) the holder of the licence has complied with— (i) the licence; and (ii) this Act in relation to the licence;\n- (i) the licence; and\n- (ii) this Act in relation to the licence;\n- (b) there exists on or in the land in relation to which the application is made a mineral occurrence of possible economic potential to sustain a mining operation;\n- (c) the activities proposed to be undertaken during the renewed term are appropriate;\n- (d) the financial and technical resources available to the holder to carry out the proposed activities during the renewed term are appropriate.\n- (i) the licence; and\n- (ii) this Act in relation to the licence;\n- (a) any conditions prescribed under a regulation; and\n- (b) any conditions decided by the Minister, for the licence.\n- (a) has served on the holder a notice in the approved form asking the holder to show cause, within the period stated in the notice, why the renewal should not be refused; and\n- (b) after considering the holder’s response, is satisfied the renewal should be refused.\n- (a) the decision; and\n- (b) if the decision is to grant the renewal on conditions, or to refuse the renewal, the reasons for the decision.","sortOrder":220},{"sectionNumber":"sec.197B","sectionType":"section","heading":null,"content":"### Section sec.197B\n\ns 197B ins 2005 No. 8 s 24\nom 2012 No. 20 s 281 sch 2","sortOrder":221},{"sectionNumber":"sec.197C","sectionType":"section","heading":"Continuation of licence while application being dealt with","content":"### sec.197C Continuation of licence while application being dealt with\n\nThis section applies to an application for renewal of a mineral development licence if—\nthe application is not withdrawn, refused or granted before the licence’s expiry day ends; and\nafter the expiry day, the holder—\ncontinues to pay rental on the licence and other amounts required to be paid under this Act; and\notherwise complies with this Act and the licence conditions.\nIf the application is a properly made application, the licence continues in force subject to the rights, entitlements and obligations in effect immediately before the end of the expiry day until the application is withdrawn, refused or granted.\nIf the application is an outstanding request application, the licence continues in force subject to the rights, entitlements and obligations in effect immediately before the end of the expiry day until either of the following days, whichever happens first—\nthe application is withdrawn;\nthe period in which the action that must be taken under section 386K (1) ends.\nIn this section—\noutstanding request application , for renewal of a mineral development licence, means an application—\nthat complies with section 197 (2) (a) and (b) , but does not comply with all or part of section 197 (2) (c) ; and\nfor which—\nthe chief executive has given a notice under section 386J (1) ; and\nthe period to comply with the notice under section 386K (1) ends after the licence expiry day; and\nthe notice has not been complied with.\nproperly made application , for renewal of a licence, means an application that complies with all of section 197 (2) .\ns 197C ins 2005 No. 8 s 24\nsub 2008 No. 56 s 49\namd 2012 No. 20 s 184\n(sec.197C-ssec.1) This section applies to an application for renewal of a mineral development licence if— the application is not withdrawn, refused or granted before the licence’s expiry day ends; and after the expiry day, the holder— continues to pay rental on the licence and other amounts required to be paid under this Act; and otherwise complies with this Act and the licence conditions.\n(sec.197C-ssec.2) If the application is a properly made application, the licence continues in force subject to the rights, entitlements and obligations in effect immediately before the end of the expiry day until the application is withdrawn, refused or granted.\n(sec.197C-ssec.3) If the application is an outstanding request application, the licence continues in force subject to the rights, entitlements and obligations in effect immediately before the end of the expiry day until either of the following days, whichever happens first— the application is withdrawn; the period in which the action that must be taken under section 386K (1) ends.\n(sec.197C-ssec.4) In this section— outstanding request application , for renewal of a mineral development licence, means an application— that complies with section 197 (2) (a) and (b) , but does not comply with all or part of section 197 (2) (c) ; and for which— the chief executive has given a notice under section 386J (1) ; and the period to comply with the notice under section 386K (1) ends after the licence expiry day; and the notice has not been complied with. properly made application , for renewal of a licence, means an application that complies with all of section 197 (2) .\n- (a) the application is not withdrawn, refused or granted before the licence’s expiry day ends; and\n- (b) after the expiry day, the holder— (i) continues to pay rental on the licence and other amounts required to be paid under this Act; and (ii) otherwise complies with this Act and the licence conditions.\n- (i) continues to pay rental on the licence and other amounts required to be paid under this Act; and\n- (ii) otherwise complies with this Act and the licence conditions.\n- (i) continues to pay rental on the licence and other amounts required to be paid under this Act; and\n- (ii) otherwise complies with this Act and the licence conditions.\n- (a) the application is withdrawn;\n- (b) the period in which the action that must be taken under section 386K (1) ends.\n- (a) that complies with section 197 (2) (a) and (b) , but does not comply with all or part of section 197 (2) (c) ; and\n- (b) for which— (i) the chief executive has given a notice under section 386J (1) ; and (ii) the period to comply with the notice under section 386K (1) ends after the licence expiry day; and (iii) the notice has not been complied with.\n- (i) the chief executive has given a notice under section 386J (1) ; and\n- (ii) the period to comply with the notice under section 386K (1) ends after the licence expiry day; and\n- (iii) the notice has not been complied with.\n- (i) the chief executive has given a notice under section 386J (1) ; and\n- (ii) the period to comply with the notice under section 386K (1) ends after the licence expiry day; and\n- (iii) the notice has not been complied with.","sortOrder":222},{"sectionNumber":"sec.197D","sectionType":"section","heading":"When term of renewed licence starts","content":"### sec.197D When term of renewed licence starts\n\nIf a mineral development licence is renewed before its expiry day ends, the term of the renewed licence starts on the day after the expiry day.\nIf the licence is renewed after the expiry day, the term of the renewed licence is taken to have started on the day after the expiry day.\ns 197D ins 2005 No. 8 s 24\n(sec.197D-ssec.1) If a mineral development licence is renewed before its expiry day ends, the term of the renewed licence starts on the day after the expiry day.\n(sec.197D-ssec.2) If the licence is renewed after the expiry day, the term of the renewed licence is taken to have started on the day after the expiry day.","sortOrder":223},{"sectionNumber":"sec.197E","sectionType":"section","heading":"When new conditions of renewed licence start","content":"### sec.197E When new conditions of renewed licence start\n\nIf a renewed mineral development licence is subject to conditions (the new conditions ) different from, or not included in, the licence conditions applying immediately before its renewal, the new conditions apply from the later of the following—\nthe start of the term of the renewed licence;\nthe day the renewal is granted.\nHowever, if the licence is continued in force under section 197C , the holder must pay rental on the licence from the day after its expiry day at the rate that would have been payable, from time to time, if the renewed mineral development licence had been renewed on the day after the expiry day.\nSubsection (2) applies even though payment of rental may be a condition of the licence.\ns 197E ins 2005 No. 8 s 24\n(sec.197E-ssec.1) If a renewed mineral development licence is subject to conditions (the new conditions ) different from, or not included in, the licence conditions applying immediately before its renewal, the new conditions apply from the later of the following— the start of the term of the renewed licence; the day the renewal is granted.\n(sec.197E-ssec.2) However, if the licence is continued in force under section 197C , the holder must pay rental on the licence from the day after its expiry day at the rate that would have been payable, from time to time, if the renewed mineral development licence had been renewed on the day after the expiry day.\n(sec.197E-ssec.3) Subsection (2) applies even though payment of rental may be a condition of the licence.\n- (a) the start of the term of the renewed licence;\n- (b) the day the renewal is granted.","sortOrder":224},{"sectionNumber":"sec.197F","sectionType":"section","heading":"Renewal of licence must be in name of last recorded transferee","content":"### sec.197F Renewal of licence must be in name of last recorded transferee\n\nThis section applies if a transfer of a mineral development licence is registered under the Common Provisions Act —\nafter the date on which an application for renewal of the licence is made; and\nbefore the application is decided by the Minister.\nAny renewal granted on the application must be in the name of the transferee under the last transfer registered before the grant of the renewal.\ns 197F ins 2005 No. 8 s 24\namd 2012 No. 20 s 185 ; 2014 No. 47 s 358\n(sec.197F-ssec.1) This section applies if a transfer of a mineral development licence is registered under the Common Provisions Act — after the date on which an application for renewal of the licence is made; and before the application is decided by the Minister.\n(sec.197F-ssec.2) Any renewal granted on the application must be in the name of the transferee under the last transfer registered before the grant of the renewal.\n- (a) after the date on which an application for renewal of the licence is made; and\n- (b) before the application is decided by the Minister.","sortOrder":225},{"sectionNumber":"sec.198","sectionType":"section","heading":null,"content":"### Section sec.198\n\ns 198 amd 1995 No. 21 s 57 ; 2000 No. 64 ss 119 , 174 sch ; 2005 No. 8 s 2 sch ; 2008 No. 56 s 50\nom 2012 No. 20 s 186","sortOrder":226},{"sectionNumber":"sec.199","sectionType":"section","heading":null,"content":"### Section sec.199\n\ns 199 amd 1990 No. 30 s 22 ; 1995 No. 21 s 3 sch\nom 2012 No. 20 s 186","sortOrder":227},{"sectionNumber":"sec.200","sectionType":"section","heading":null,"content":"### Section sec.200\n\ns 200 om 2012 No. 20 s 186","sortOrder":228},{"sectionNumber":"sec.201","sectionType":"section","heading":null,"content":"### Section sec.201\n\ns 201 amd 1990 No. 30 s 23 ; 1995 No. 21 s 3 sch ; 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch\nom 2012 No. 20 s 186","sortOrder":229},{"sectionNumber":"sec.202","sectionType":"section","heading":null,"content":"### Section sec.202\n\ns 202 amd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch\nom 2012 No. 20 s 186","sortOrder":230},{"sectionNumber":"sec.203","sectionType":"section","heading":null,"content":"### Section sec.203\n\ns 203 amd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch\nom 2012 No. 20 s 186","sortOrder":231},{"sectionNumber":"sec.204","sectionType":"section","heading":null,"content":"### Section sec.204\n\ns 204 om 2012 No. 20 s 186","sortOrder":232},{"sectionNumber":"sec.205","sectionType":"section","heading":null,"content":"### Section sec.205\n\ns 205 amd 1995 No. 21 s 3 sch ; 2001 No. 45 s 29 sch 3\nom 2012 No. 20 s 186","sortOrder":233},{"sectionNumber":"sec.206","sectionType":"section","heading":null,"content":"### Section sec.206\n\ns 206 amd 1995 No. 21 s 58 ; 2012 No. 20 s 125 sch 1 ; 2014 No. 47 s 392\nom 2018 No. 24 s 100","sortOrder":234},{"sectionNumber":"sec.207","sectionType":"section","heading":null,"content":"### Section sec.207\n\ns 207 amd 2012 No. 20 s 281 sch 2\nom 2018 No. 24 s 100","sortOrder":235},{"sectionNumber":"sec.208","sectionType":"section","heading":"Adding other minerals to licence","content":"### sec.208 Adding other minerals to licence\n\nThe holder of a mineral development licence for particular minerals may lodge a written application with the chief executive for the Minister’s approval to add stated minerals to the licence.\nThe application must be accompanied by the application fee prescribed under a regulation.\nThe Minister may approve or reject the application.\nWithout limiting the grounds on which the Minister may reject the application, the Minister may reject it if the Minister considers that approving it is not in the public interest.\nThe approval may be given on the conditions the Minister considers appropriate, including conditions requiring the holder to deposit a stated amount of additional security.\nWithout limiting subsection (4) , the Minister may decide a condition for the giving of the approval if the Minister considers the condition is in the public interest.\nIf the Minister approves the application, the mineral development licence is taken to include the stated minerals from the day the Minister approves the application.\nThe chief executive must record in the register the details of the approval.\ns 208 ins 1995 No. 21 s 59\namd 1999 No. 35 s 38 ; 2000 No. 64 s 120 ; 2008 No. 33 s 94 ; 2008 No. 56 s 51 ; 2012 No. 20 s 281 sch 2 ; 2013 No. 10 s 193 sch 1 ; 2017 No. 28 s 24 ; 2018 No. 24 s 101\n(sec.208-ssec.1) The holder of a mineral development licence for particular minerals may lodge a written application with the chief executive for the Minister’s approval to add stated minerals to the licence.\n(sec.208-ssec.2) The application must be accompanied by the application fee prescribed under a regulation.\n(sec.208-ssec.3) The Minister may approve or reject the application.\n(sec.208-ssec.3B) Without limiting the grounds on which the Minister may reject the application, the Minister may reject it if the Minister considers that approving it is not in the public interest.\n(sec.208-ssec.4) The approval may be given on the conditions the Minister considers appropriate, including conditions requiring the holder to deposit a stated amount of additional security.\n(sec.208-ssec.4A) Without limiting subsection (4) , the Minister may decide a condition for the giving of the approval if the Minister considers the condition is in the public interest.\n(sec.208-ssec.5) If the Minister approves the application, the mineral development licence is taken to include the stated minerals from the day the Minister approves the application.\n(sec.208-ssec.6) The chief executive must record in the register the details of the approval.","sortOrder":236},{"sectionNumber":"sec.209","sectionType":"section","heading":"Contravention by holder of mineral development licence","content":"### sec.209 Contravention by holder of mineral development licence\n\nIf the Minister considers that the holder of a mineral development licence—\nhas carried out activities that are not bona fide for the purposes for which the mineral development licence was granted; or\nhas failed to pay any moneys (other than rental) payable thereunder or in respect thereof by the due date for payment; or\nhas failed to comply with any condition that is to be observed and performed by the holder under or in respect of the mineral development licence, other than a condition with respect to matters referred to in subsection (2) (a) or (b) ;\nthe Minister may—\ncancel the mineral development licence; or\nimpose on the holder a penalty not exceeding 1,000 penalty units.\nIf the Minister considers that the holder of a mineral development licence—\nin any rental year has failed after notice given to the holder in accordance with section 193 (5) to pay before 1 December of that rental year the amount of the rental payable under that section by that date in respect of that mineral development licence; or\nhas failed to pay a penalty imposed on the holder pursuant to subsection (1) (e) within the time allowed for the payment by the Minister;\nthe Minister may cancel the mineral development licence and shall notify the holder and each person who currently holds a recorded interest in respect of the mineral development licence accordingly.\nThe Minister shall not act pursuant to subsection (1) until the Minister has, by notice in writing in the approved form served on the holder of the mineral development licence, called upon the holder to show cause within the time specified therein why the mineral development licence should not be cancelled or a penalty imposed and served a copy of the notice on every person who currently holds a recorded interest in respect of the mineral development licence and such cause has not been shown to the satisfaction of the Minister.\nWhen the Minister pursuant to this section cancels a mineral development licence the Minister shall notify the holder and every person who holds a recorded interest in respect of the mineral development licence accordingly.\nFor the purposes of this section a recorded interest in a mineral development licence does not include an associated agreement for the licence recorded in the register under the Common Provisions Act .\ns 209 amd 1995 No. 21 s 3 sch ; 2000 No. 64 ss 121 , 174 sch ; 2008 No. 56 s 52 ; 2012 No. 20 ss 187 , 281 sch 2 , s 323 sch 3 ; 2014 No. 47 s 359\n(sec.209-ssec.1) If the Minister considers that the holder of a mineral development licence— has carried out activities that are not bona fide for the purposes for which the mineral development licence was granted; or has failed to pay any moneys (other than rental) payable thereunder or in respect thereof by the due date for payment; or has failed to comply with any condition that is to be observed and performed by the holder under or in respect of the mineral development licence, other than a condition with respect to matters referred to in subsection (2) (a) or (b) ; the Minister may— cancel the mineral development licence; or impose on the holder a penalty not exceeding 1,000 penalty units.\n(sec.209-ssec.2) If the Minister considers that the holder of a mineral development licence— in any rental year has failed after notice given to the holder in accordance with section 193 (5) to pay before 1 December of that rental year the amount of the rental payable under that section by that date in respect of that mineral development licence; or has failed to pay a penalty imposed on the holder pursuant to subsection (1) (e) within the time allowed for the payment by the Minister; the Minister may cancel the mineral development licence and shall notify the holder and each person who currently holds a recorded interest in respect of the mineral development licence accordingly.\n(sec.209-ssec.3) The Minister shall not act pursuant to subsection (1) until the Minister has, by notice in writing in the approved form served on the holder of the mineral development licence, called upon the holder to show cause within the time specified therein why the mineral development licence should not be cancelled or a penalty imposed and served a copy of the notice on every person who currently holds a recorded interest in respect of the mineral development licence and such cause has not been shown to the satisfaction of the Minister.\n(sec.209-ssec.4) When the Minister pursuant to this section cancels a mineral development licence the Minister shall notify the holder and every person who holds a recorded interest in respect of the mineral development licence accordingly.\n(sec.209-ssec.5) For the purposes of this section a recorded interest in a mineral development licence does not include an associated agreement for the licence recorded in the register under the Common Provisions Act .\n- (a) has carried out activities that are not bona fide for the purposes for which the mineral development licence was granted; or\n- (b) has failed to pay any moneys (other than rental) payable thereunder or in respect thereof by the due date for payment; or\n- (c) has failed to comply with any condition that is to be observed and performed by the holder under or in respect of the mineral development licence, other than a condition with respect to matters referred to in subsection (2) (a) or (b) ;\n- (d) cancel the mineral development licence; or\n- (e) impose on the holder a penalty not exceeding 1,000 penalty units.\n- (a) in any rental year has failed after notice given to the holder in accordance with section 193 (5) to pay before 1 December of that rental year the amount of the rental payable under that section by that date in respect of that mineral development licence; or\n- (b) has failed to pay a penalty imposed on the holder pursuant to subsection (1) (e) within the time allowed for the payment by the Minister;","sortOrder":237},{"sectionNumber":"sec.210","sectionType":"section","heading":"Surrender of mineral development licence","content":"### sec.210 Surrender of mineral development licence\n\nThe holder of a mineral development licence may apply to surrender the mineral development licence or any part of the area of the mineral development licence at any time before the expiration of its term.\nThe holder of a mineral development licence who desires to surrender a mineral development licence or any part of the area of the mineral development licence shall lodge with the chief executive—\na notice of surrender in the approved form; and\nin the case of a surrender of part of the area of a mineral development licence—\na plan prepared in a manner acceptable to the chief executive of that part of the area to be retained in the mineral development licence; and\na definition of the boundary of the area to be retained; and\nSection 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.\nif land, other than land in the area of the mineral development licence, is required to access the surface area of the land in the area to be retained—a definition of the boundary of the area of that land; and\nthe fee prescribed under a regulation.\nA purported surrender of a mineral development licence or of any part of the area of a mineral development licence shall not be effective unless—\nthe holder has complied with this section; and\nthe Minister consents to the surrender;\nand shall, except in the case of a surrender referred to in subsection (13) , take effect on the day next following the Minister’s consent.\nHowever, the Minister may give the consent only if the Minister is satisfied—\nthe holder has complied with the condition to carry out improvement restoration for the mineral development licence; and\nthe relevant environmental authority has been cancelled or surrendered under the Environmental Protection Act .\nIf the Minister is not satisfied the holder has complied with the condition, the Minister may, by written notice, give the holder reasonable directions about carrying out improvement restoration for the mineral development licence.\nThe holder must comply with the directions.\nMaximum penalty—500 penalty units.\nIf part of the area of a mineral development licence is surrendered under this section—\nthe chief executive must record in the register the details of the surrender; and\nthe licence continues in force for the part of the area not surrendered.\nUpon a surrender of a mineral development licence, all adjustments between the holder and the Crown in respect of the payment of rental, fees and other moneys shall be at the discretion of the Minister.\nWhere any moneys are specified pursuant to subsection (9) as a debt due to the Crown, the Minister may direct that the security deposited in accordance with section 190 may be utilised for payment thereof.\nAny moneys specified pursuant to subsection (9) by the Minister to be payable or that part thereof not recovered under subsection (10) shall be a debt due by the person specified as liable to pay to the Crown.\nIn an action under subsection (11) for recovery of a debt due to the Crown, the production of a certificate by the chief executive certifying the amount of that debt shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the debt and the amount thereof.\nWhere, at the time when the holder of a mineral development licence purports to surrender the mineral development licence or a part of the area of the mineral development licence, the holder applies for a new mineral development licence for the whole or part of the area of the current mineral development licence the purported surrender shall take effect immediately prior to the grant of the new mineral development licence.\ns 210 amd 1995 No. 21 ss 60 , 3 sch ; 1999 No. 7 s 87 sch 3 ; 2000 No. 64 ss 122 , 174 sch ; 2012 No. 20 s 125 sch 1 , s 281 sch 2 ; 2012 No. 16 s 78 sch ; 2014 No. 47 s 426 ; 2018 No. 24 s 102\n(sec.210-ssec.1) The holder of a mineral development licence may apply to surrender the mineral development licence or any part of the area of the mineral development licence at any time before the expiration of its term.\n(sec.210-ssec.3) The holder of a mineral development licence who desires to surrender a mineral development licence or any part of the area of the mineral development licence shall lodge with the chief executive— a notice of surrender in the approved form; and in the case of a surrender of part of the area of a mineral development licence— a plan prepared in a manner acceptable to the chief executive of that part of the area to be retained in the mineral development licence; and a definition of the boundary of the area to be retained; and Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement. if land, other than land in the area of the mineral development licence, is required to access the surface area of the land in the area to be retained—a definition of the boundary of the area of that land; and the fee prescribed under a regulation.\n(sec.210-ssec.4) A purported surrender of a mineral development licence or of any part of the area of a mineral development licence shall not be effective unless— the holder has complied with this section; and the Minister consents to the surrender; and shall, except in the case of a surrender referred to in subsection (13) , take effect on the day next following the Minister’s consent.\n(sec.210-ssec.5) However, the Minister may give the consent only if the Minister is satisfied— the holder has complied with the condition to carry out improvement restoration for the mineral development licence; and the relevant environmental authority has been cancelled or surrendered under the Environmental Protection Act .\n(sec.210-ssec.6) If the Minister is not satisfied the holder has complied with the condition, the Minister may, by written notice, give the holder reasonable directions about carrying out improvement restoration for the mineral development licence.\n(sec.210-ssec.7) The holder must comply with the directions. Maximum penalty—500 penalty units.\n(sec.210-ssec.8) If part of the area of a mineral development licence is surrendered under this section— the chief executive must record in the register the details of the surrender; and the licence continues in force for the part of the area not surrendered.\n(sec.210-ssec.9) Upon a surrender of a mineral development licence, all adjustments between the holder and the Crown in respect of the payment of rental, fees and other moneys shall be at the discretion of the Minister.\n(sec.210-ssec.10) Where any moneys are specified pursuant to subsection (9) as a debt due to the Crown, the Minister may direct that the security deposited in accordance with section 190 may be utilised for payment thereof.\n(sec.210-ssec.11) Any moneys specified pursuant to subsection (9) by the Minister to be payable or that part thereof not recovered under subsection (10) shall be a debt due by the person specified as liable to pay to the Crown.\n(sec.210-ssec.12) In an action under subsection (11) for recovery of a debt due to the Crown, the production of a certificate by the chief executive certifying the amount of that debt shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the debt and the amount thereof.\n(sec.210-ssec.13) Where, at the time when the holder of a mineral development licence purports to surrender the mineral development licence or a part of the area of the mineral development licence, the holder applies for a new mineral development licence for the whole or part of the area of the current mineral development licence the purported surrender shall take effect immediately prior to the grant of the new mineral development licence.\n- (a) a notice of surrender in the approved form; and\n- (b) in the case of a surrender of part of the area of a mineral development licence— (i) a plan prepared in a manner acceptable to the chief executive of that part of the area to be retained in the mineral development licence; and (ii) a definition of the boundary of the area to be retained; and Note— Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement. (iii) if land, other than land in the area of the mineral development licence, is required to access the surface area of the land in the area to be retained—a definition of the boundary of the area of that land; and\n- (i) a plan prepared in a manner acceptable to the chief executive of that part of the area to be retained in the mineral development licence; and\n- (ii) a definition of the boundary of the area to be retained; and Note— Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.\n- (iii) if land, other than land in the area of the mineral development licence, is required to access the surface area of the land in the area to be retained—a definition of the boundary of the area of that land; and\n- (c) the fee prescribed under a regulation.\n- (i) a plan prepared in a manner acceptable to the chief executive of that part of the area to be retained in the mineral development licence; and\n- (ii) a definition of the boundary of the area to be retained; and Note— Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.\n- (iii) if land, other than land in the area of the mineral development licence, is required to access the surface area of the land in the area to be retained—a definition of the boundary of the area of that land; and\n- (a) the holder has complied with this section; and\n- (b) the Minister consents to the surrender;\n- (a) the holder has complied with the condition to carry out improvement restoration for the mineral development licence; and\n- (b) the relevant environmental authority has been cancelled or surrendered under the Environmental Protection Act .\n- (a) the chief executive must record in the register the details of the surrender; and\n- (b) the licence continues in force for the part of the area not surrendered.","sortOrder":238},{"sectionNumber":"sec.211","sectionType":"section","heading":"Access and compensation provisions","content":"### sec.211 Access and compensation provisions\n\nThe Common Provisions Act , chapter 3 contains provisions about access, compensation and related matters for mineral development licences.\ns 211 amd 1990 No. 30 s 24\nsub 1995 No. 21 s 61\namd 1997 No. 14 s 10 ; 2005 No. 8 s 2 sch\nsub 2010 No. 31 s 458 ; 2014 No. 47 s 377","sortOrder":239},{"sectionNumber":"sec.212","sectionType":"section","heading":null,"content":"### Section sec.212\n\ns 212 ins 1995 No. 21 s 61\namd 1997 No. 14 s 11 ; 2005 No. 8 s 2 sch\nom 2010 No. 31 s 458","sortOrder":240},{"sectionNumber":"sec.213","sectionType":"section","heading":null,"content":"### Section sec.213\n\ns 213 om 2000 No. 64 s 123","sortOrder":241},{"sectionNumber":"sec.214","sectionType":"section","heading":"Improvement restoration for mineral development licence","content":"### sec.214 Improvement restoration for mineral development licence\n\nThis section applies on the termination of a mineral development licence, other than—\nby surrender under section 210 ; or\nfor the granting of a new mineral development licence or mining lease over the area of the terminated licence.\nIf the Minister is not satisfied the holder has satisfactorily complied with the condition to carry out improvement restoration for the mineral development licence, the Minister may, by written notice, give the holder reasonable directions about carrying out the restoration.\nThe holder must comply with the directions.\nMaximum penalty—500 penalty units.\nThe holder and the holder’s employees or agents may, to the extent reasonable and necessary to comply with the directions—\nenter land stated in the notice; and\nbring on to the land vehicles, vessels, machinery and equipment.\ns 214 ins 1995 No. 21 s 62\namd 2000 No. 64 ss 124 , 174 sch ; 2012 No. 20 s 125 sch 1\n(sec.214-ssec.1) This section applies on the termination of a mineral development licence, other than— by surrender under section 210 ; or for the granting of a new mineral development licence or mining lease over the area of the terminated licence.\n(sec.214-ssec.2) If the Minister is not satisfied the holder has satisfactorily complied with the condition to carry out improvement restoration for the mineral development licence, the Minister may, by written notice, give the holder reasonable directions about carrying out the restoration.\n(sec.214-ssec.3) The holder must comply with the directions. Maximum penalty—500 penalty units.\n(sec.214-ssec.4) The holder and the holder’s employees or agents may, to the extent reasonable and necessary to comply with the directions— enter land stated in the notice; and bring on to the land vehicles, vessels, machinery and equipment.\n- (a) by surrender under section 210 ; or\n- (b) for the granting of a new mineral development licence or mining lease over the area of the terminated licence.\n- (a) enter land stated in the notice; and\n- (b) bring on to the land vehicles, vessels, machinery and equipment.","sortOrder":242},{"sectionNumber":"sec.215","sectionType":"section","heading":"Rights and obligations extended upon application for mining lease","content":"### sec.215 Rights and obligations extended upon application for mining lease\n\nThe holder of a mineral development licence who, during the term of the licence makes application for the grant of a mining lease for any part of the area of the licence, shall, during the period from the expiration of the licence until the determination of the application, for so long as the provisions of this Act and the terms and conditions that would apply if the licence were current are complied with, have all the responsibilities, powers, authorities and duties that the holder would have had for the part of the area the subject of the application if the licence was current but during that period no rental shall be payable under this part for the part of the area the subject of the application.\nThe entitlements of the holder of a mineral development licence are not reduced or limited by reason only of the holder’s application for the grant of a mining lease for any part of the area of a mineral development licence.\ns 215 amd 2012 No. 20 s 125 sch 1\n(sec.215-ssec.1) The holder of a mineral development licence who, during the term of the licence makes application for the grant of a mining lease for any part of the area of the licence, shall, during the period from the expiration of the licence until the determination of the application, for so long as the provisions of this Act and the terms and conditions that would apply if the licence were current are complied with, have all the responsibilities, powers, authorities and duties that the holder would have had for the part of the area the subject of the application if the licence was current but during that period no rental shall be payable under this part for the part of the area the subject of the application.\n(sec.215-ssec.2) The entitlements of the holder of a mineral development licence are not reduced or limited by reason only of the holder’s application for the grant of a mining lease for any part of the area of a mineral development licence.","sortOrder":243},{"sectionNumber":"sec.216","sectionType":"section","heading":"Producing mineral development licence","content":"### sec.216 Producing mineral development licence\n\nThis section applies if—\na person purports to enter or be on land under the authority of a mineral development licence; and\nthe owner of the land, or an agent of the owner, asks the person for proof of the person’s authority to enter or be on the land.\nThe person must produce the mineral development licence, or a copy of the licence, to the owner or agent.\nIf the person fails to comply with subsection (2) , the person does not have any entitlements under this Act during the period of the person’s noncompliance.\nThis section does not prevent a person entering or being on land to deliver goods or substances or provide services related to the purpose for which a mineral development licence is granted to a person who is lawfully on the land under this chapter.\nIn this section—\ncopy , of a mineral development licence, includes an extract from the register of the details of the licence recorded in the register.\ns 216 sub 2018 No. 24 s 103\n(sec.216-ssec.1) This section applies if— a person purports to enter or be on land under the authority of a mineral development licence; and the owner of the land, or an agent of the owner, asks the person for proof of the person’s authority to enter or be on the land.\n(sec.216-ssec.2) The person must produce the mineral development licence, or a copy of the licence, to the owner or agent.\n(sec.216-ssec.3) If the person fails to comply with subsection (2) , the person does not have any entitlements under this Act during the period of the person’s noncompliance.\n(sec.216-ssec.4) This section does not prevent a person entering or being on land to deliver goods or substances or provide services related to the purpose for which a mineral development licence is granted to a person who is lawfully on the land under this chapter.\n(sec.216-ssec.5) In this section— copy , of a mineral development licence, includes an extract from the register of the details of the licence recorded in the register.\n- (a) a person purports to enter or be on land under the authority of a mineral development licence; and\n- (b) the owner of the land, or an agent of the owner, asks the person for proof of the person’s authority to enter or be on the land.","sortOrder":244},{"sectionNumber":"sec.217","sectionType":"section","heading":null,"content":"### Section sec.217\n\ns 217 sub 1990 No. 30 s 25 ; 1995 No. 21 s 63\nom 2010 No. 31 s 459","sortOrder":245},{"sectionNumber":"sec.218","sectionType":"section","heading":null,"content":"### Section sec.218\n\ns 218 ins 1995 No. 21 s 63\nom 2010 No. 31 s 459","sortOrder":246},{"sectionNumber":"sec.219","sectionType":"section","heading":null,"content":"### Section sec.219\n\ns 219 ins 1995 No. 21 s 63\nom 2010 No. 31 s 459","sortOrder":247},{"sectionNumber":"sec.220","sectionType":"section","heading":null,"content":"### Section sec.220\n\ns 220 ins 1995 No. 21 s 63\nom 2010 No. 31 s 459","sortOrder":248},{"sectionNumber":"sec.221","sectionType":"section","heading":null,"content":"### Section sec.221\n\ns 221 ins 1995 No. 21 s 63\nom 2010 No. 31 s 459","sortOrder":249},{"sectionNumber":"sec.222","sectionType":"section","heading":null,"content":"### Section sec.222\n\ns 222 ins 1995 No. 21 s 63\namd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch\nom 2010 No. 31 s 459","sortOrder":250},{"sectionNumber":"sec.223","sectionType":"section","heading":"Chief executive may recommend action to ease concerns or other action","content":"### sec.223 Chief executive may recommend action to ease concerns or other action\n\nIf the chief executive considers a mineral development licence holder should take stated action to ease concerns of an owner of land or another mineral development licence holder, or should take some other action, the chief executive may recommend the action to the Minister.\nThe Minister may give the mineral development licence holder the directions the Minister considers appropriate about the recommended action.\nA failure by the holder to comply with the Minister’s directions is taken to be a breach of a condition of the mineral development licence.\nIf the Minister gives a direction under subsection (2) , the chief executive must give a copy to—\nif the recommended action under subsection (1) relates only to native title protection conditions under section 194AAA —any person identified in the conditions as a native title party; or\nif the recommended action under subsection (1) relates only partly to the native title protection conditions—\nany person identified in the conditions as a native title party; and\nthe owner of the land; or\notherwise—the owner of the land.\nIf the recommended action under subsection (1) is action to ease concerns of an owner of land or another mineral development licence holder, the chief executive must give the owner and the other mineral development licence holder written notice of—\nthe substance of any recommendation made to the Minister under subsection (1) or, if the chief executive decides not to make a recommendation, the chief executive’s decision; and\nany other action the chief executive has taken to ease the concerns of the owner or mineral development licence holder.\ns 223 ins 1995 No. 21 s 63\namd 2003 No. 77 s 100 ; 2013 No. 10 s 193 sch 1\n(sec.223-ssec.1) If the chief executive considers a mineral development licence holder should take stated action to ease concerns of an owner of land or another mineral development licence holder, or should take some other action, the chief executive may recommend the action to the Minister.\n(sec.223-ssec.2) The Minister may give the mineral development licence holder the directions the Minister considers appropriate about the recommended action.\n(sec.223-ssec.3) A failure by the holder to comply with the Minister’s directions is taken to be a breach of a condition of the mineral development licence.\n(sec.223-ssec.4) If the Minister gives a direction under subsection (2) , the chief executive must give a copy to— if the recommended action under subsection (1) relates only to native title protection conditions under section 194AAA —any person identified in the conditions as a native title party; or if the recommended action under subsection (1) relates only partly to the native title protection conditions— any person identified in the conditions as a native title party; and the owner of the land; or otherwise—the owner of the land.\n(sec.223-ssec.5) If the recommended action under subsection (1) is action to ease concerns of an owner of land or another mineral development licence holder, the chief executive must give the owner and the other mineral development licence holder written notice of— the substance of any recommendation made to the Minister under subsection (1) or, if the chief executive decides not to make a recommendation, the chief executive’s decision; and any other action the chief executive has taken to ease the concerns of the owner or mineral development licence holder.\n- (a) if the recommended action under subsection (1) relates only to native title protection conditions under section 194AAA —any person identified in the conditions as a native title party; or\n- (b) if the recommended action under subsection (1) relates only partly to the native title protection conditions— (i) any person identified in the conditions as a native title party; and (ii) the owner of the land; or\n- (i) any person identified in the conditions as a native title party; and\n- (ii) the owner of the land; or\n- (c) otherwise—the owner of the land.\n- (i) any person identified in the conditions as a native title party; and\n- (ii) the owner of the land; or\n- (a) the substance of any recommendation made to the Minister under subsection (1) or, if the chief executive decides not to make a recommendation, the chief executive’s decision; and\n- (b) any other action the chief executive has taken to ease the concerns of the owner or mineral development licence holder.","sortOrder":251},{"sectionNumber":"sec.224","sectionType":"section","heading":"Utilisation of security deposit towards subsequent mineral development licence or mining lease","content":"### sec.224 Utilisation of security deposit towards subsequent mineral development licence or mining lease\n\nWhere the holder of a mineral development licence makes application for the grant of a subsequent mineral development licence or a mining lease, the Minister notwithstanding that the period of 6 months after the termination of that licence may not have elapsed may, instead of refunding the whole or part of the security deposited in respect of the current mineral development licence, retain that security or part thereof (together with any further security fixed by the Minister) as the security (in which case it shall be taken to be or to be part of the security) deposited by the applicant in respect of the subsequent mineral development licence or the mining lease.","sortOrder":252},{"sectionNumber":"sec.225","sectionType":"section","heading":"Direction to apply for mining lease","content":"### sec.225 Direction to apply for mining lease\n\nIf, at any time during the currency of a mineral development licence, the Minister is of the opinion that actual mining operations should commence on any part of the area of the licence, the Minister shall give to the holder written notice directing the holder to indicate, within the time specified in the notice, why the holder should not apply for a mining lease for that purpose.\nIf the holder of a mineral development licence to whom a notice under subsection (1) has been given does not, within the time specified in the notice, or such longer time as the Minister in writing may approve, reply to the notice, or the Minister, on considering the holder’s reply, is not satisfied that the holder should not apply for a mining lease, the Minister may give the holder a further written notice directing the holder, within the time specified in the notice or such extended time as the Minister in writing may approve, to apply for such a mining lease.\nIf the holder to whom a notice under subsection (2) is given does not apply for a mining lease as directed within the specified time or such extended time, the Minister may in the Minister’s discretion cancel the mineral development licence.\nUpon the cancellation of a mineral development licence pursuant to subsection (3) land in the area of the mineral development licence does not become part of the area of any current exploration permit.\nAny refund of moneys held in respect of a mineral development licence that is cancelled pursuant to subsection (3) (including any security deposited) shall be at the Minister’s discretion.\ns 225 amd 2005 No. 8 s 2 sch ; 2012 No. 20 s 125 sch 1\n(sec.225-ssec.1) If, at any time during the currency of a mineral development licence, the Minister is of the opinion that actual mining operations should commence on any part of the area of the licence, the Minister shall give to the holder written notice directing the holder to indicate, within the time specified in the notice, why the holder should not apply for a mining lease for that purpose.\n(sec.225-ssec.2) If the holder of a mineral development licence to whom a notice under subsection (1) has been given does not, within the time specified in the notice, or such longer time as the Minister in writing may approve, reply to the notice, or the Minister, on considering the holder’s reply, is not satisfied that the holder should not apply for a mining lease, the Minister may give the holder a further written notice directing the holder, within the time specified in the notice or such extended time as the Minister in writing may approve, to apply for such a mining lease.\n(sec.225-ssec.3) If the holder to whom a notice under subsection (2) is given does not apply for a mining lease as directed within the specified time or such extended time, the Minister may in the Minister’s discretion cancel the mineral development licence.\n(sec.225-ssec.4) Upon the cancellation of a mineral development licence pursuant to subsection (3) land in the area of the mineral development licence does not become part of the area of any current exploration permit.\n(sec.225-ssec.5) Any refund of moneys held in respect of a mineral development licence that is cancelled pursuant to subsection (3) (including any security deposited) shall be at the Minister’s discretion.","sortOrder":253},{"sectionNumber":"sec.226","sectionType":"section","heading":"Minister may determine availability of certain land","content":"### sec.226 Minister may determine availability of certain land\n\nWhere in respect of any land—\nan application for a mineral development licence or for renewal thereof is rejected by the Minister; or\na mineral development licence expires by effluxion of time and an application to renew the licence is not duly made; or\na mineral development licence is cancelled pursuant to section 209 or 225 ; or\na mineral development licence is surrendered or an application for the grant of a mineral development licence is abandoned in respect of land over which the holder of or the applicant for the grant does not hold an exploration permit that adjoins that land;\nthat land, shall not be available for any subsequent application for the grant of a mining tenement unless and until approved by the Minister.\nAn approval of the Minister under subsection (1) may limit the type of application or grant that may be made in respect of the land specified in the approval and may stipulate the conditions under which applications therefor may be made.\nAn approval of the Minister under subsection (1) may provide that a subsequent application by an eligible person need not be by the holder of a prospecting permit, exploration permit or a mineral development licence.\nNotwithstanding subsection (1) , where the applicant for a mineral development licence that is rejected is at the time of the rejection the holder of an exploration permit in respect of the same land, that land shall, upon the rejection, be subject to the exploration permit.\ns 226 amd 2000 No. 64 s 174 sch\n(sec.226-ssec.1) Where in respect of any land— an application for a mineral development licence or for renewal thereof is rejected by the Minister; or a mineral development licence expires by effluxion of time and an application to renew the licence is not duly made; or a mineral development licence is cancelled pursuant to section 209 or 225 ; or a mineral development licence is surrendered or an application for the grant of a mineral development licence is abandoned in respect of land over which the holder of or the applicant for the grant does not hold an exploration permit that adjoins that land; that land, shall not be available for any subsequent application for the grant of a mining tenement unless and until approved by the Minister.\n(sec.226-ssec.2) An approval of the Minister under subsection (1) may limit the type of application or grant that may be made in respect of the land specified in the approval and may stipulate the conditions under which applications therefor may be made.\n(sec.226-ssec.3) An approval of the Minister under subsection (1) may provide that a subsequent application by an eligible person need not be by the holder of a prospecting permit, exploration permit or a mineral development licence.\n(sec.226-ssec.4) Notwithstanding subsection (1) , where the applicant for a mineral development licence that is rejected is at the time of the rejection the holder of an exploration permit in respect of the same land, that land shall, upon the rejection, be subject to the exploration permit.\n- (a) an application for a mineral development licence or for renewal thereof is rejected by the Minister; or\n- (b) a mineral development licence expires by effluxion of time and an application to renew the licence is not duly made; or\n- (c) a mineral development licence is cancelled pursuant to section 209 or 225 ; or\n- (d) a mineral development licence is surrendered or an application for the grant of a mineral development licence is abandoned in respect of land over which the holder of or the applicant for the grant does not hold an exploration permit that adjoins that land;","sortOrder":254},{"sectionNumber":"sec.226AA","sectionType":"section","heading":"Application to add excluded land to existing licence","content":"### sec.226AA Application to add excluded land to existing licence\n\nThe holder of a mineral development licence (the existing licence ) may apply to the Minister to add excluded land to the existing licence.\nThe provisions of this part apply, with necessary changes, to an application under subsection (1) as if it were an application under section 183 .\nWithout limiting subsection (2) , in deciding the application, the Minister may—\nimpose conditions under section 194 (1) (l) in addition to any conditions that apply under the existing licence; and\nfix an amount of security to be deposited under section 190 in addition to any security for the existing licence.\nOn the granting of the application, the excluded land is included in the existing licence.\nIn this section—\nexcluded land means land that was the subject of a specific exclusion when the existing licence was granted or that was taken to be excluded under section 182 .\ns 226AA ins 1999 No. 35 s 39\namd 2000 No. 64 s 174 sch ; 2018 No. 24 s 104\n(sec.226AA-ssec.1) The holder of a mineral development licence (the existing licence ) may apply to the Minister to add excluded land to the existing licence.\n(sec.226AA-ssec.2) The provisions of this part apply, with necessary changes, to an application under subsection (1) as if it were an application under section 183 .\n(sec.226AA-ssec.3) Without limiting subsection (2) , in deciding the application, the Minister may— impose conditions under section 194 (1) (l) in addition to any conditions that apply under the existing licence; and fix an amount of security to be deposited under section 190 in addition to any security for the existing licence.\n(sec.226AA-ssec.4) On the granting of the application, the excluded land is included in the existing licence.\n(sec.226AA-ssec.5) In this section— excluded land means land that was the subject of a specific exclusion when the existing licence was granted or that was taken to be excluded under section 182 .\n- (a) impose conditions under section 194 (1) (l) in addition to any conditions that apply under the existing licence; and\n- (b) fix an amount of security to be deposited under section 190 in addition to any security for the existing licence.","sortOrder":255},{"sectionNumber":"sec.226A","sectionType":"section","heading":"Reduction of area of mineral development licence on grant of mining lease","content":"### sec.226A Reduction of area of mineral development licence on grant of mining lease\n\nThis section applies if a mining lease is granted because of an application made by—\nthe holder of a mineral development licence granted for the same area for the same mineral, whether or not at the Minister’s direction; or\nan eligible person with the holder’s consent.\nThe area of the licence must be reduced by omitting the area of the mining lease.\nThe terms of the licence may be varied as the Minister directs.\ns 226A ins 1997 No. 14 s 12\namd 2012 No. 20 s 125 sch 1\n(sec.226A-ssec.1) This section applies if a mining lease is granted because of an application made by— the holder of a mineral development licence granted for the same area for the same mineral, whether or not at the Minister’s direction; or an eligible person with the holder’s consent.\n(sec.226A-ssec.2) The area of the licence must be reduced by omitting the area of the mining lease.\n(sec.226A-ssec.3) The terms of the licence may be varied as the Minister directs.\n- (a) the holder of a mineral development licence granted for the same area for the same mineral, whether or not at the Minister’s direction; or\n- (b) an eligible person with the holder’s consent.","sortOrder":256},{"sectionNumber":"sec.227","sectionType":"section","heading":"Discovery etc. of mineral does not vest property","content":"### sec.227 Discovery etc. of mineral does not vest property\n\nA person who whilst acting under the authority of a mineral development licence discovers or takes any mineral does not thereby acquire property therein and shall not dispose of any such mineral except with the consent of the Minister whose consent may be subject to such terms and conditions as the Minister thinks fit (including conditions as to the payment of royalties).","sortOrder":257},{"sectionNumber":"sec.228","sectionType":"section","heading":"Effect of termination of mineral development licence","content":"### sec.228 Effect of termination of mineral development licence\n\nThis section applies on the termination of a mineral development licence.\nHowever, this section does not apply to a mineral development licence if the termination is for granting a new mineral development licence or a mining lease over the area of the terminated licence to the holder of the terminated licence.\nOn the termination of a mineral development licence, the ownership of machinery, equipment and removable improvements ( plant ) on the area of the terminated licence divests from the owner and vests in the State.\nHowever, subsection (3) applies to plant only if the plant was brought on to the land under the terminated mineral development licence.\ns 228 sub 1995 No. 21 s 64\namd 2012 No. 20 s 125 sch 1\n(sec.228-ssec.1) This section applies on the termination of a mineral development licence.\n(sec.228-ssec.2) However, this section does not apply to a mineral development licence if the termination is for granting a new mineral development licence or a mining lease over the area of the terminated licence to the holder of the terminated licence.\n(sec.228-ssec.3) On the termination of a mineral development licence, the ownership of machinery, equipment and removable improvements ( plant ) on the area of the terminated licence divests from the owner and vests in the State.\n(sec.228-ssec.4) However, subsection (3) applies to plant only if the plant was brought on to the land under the terminated mineral development licence.","sortOrder":258},{"sectionNumber":"sec.229","sectionType":"section","heading":"Application may be made for approval to remove plant","content":"### sec.229 Application may be made for approval to remove plant\n\nThis section applies to plant that vests in the State on the termination of a mineral development licence.\nAnyone who had an interest in the plant immediately before its ownership vested in the State may apply in writing to the Minister for permission to remove the plant from the land.\nThe application—\nmust be made within 20 business days after the plant vests in the State (or a longer period, of not more than 3 months, allowed by the Minister); and\nmay be made even though a subsequent grant of a mining claim, exploration permit, mineral development licence or mining lease has been made over the land.\nThe Minister may approve or refuse to approve the application.\nHowever, the Minister must approve the application if the Minister is satisfied—\nthe person was entitled to the plant immediately before it vested in the State; and\nthere is enough security held for the terminated mineral development licence to meet the costs for which it was deposited.\nFor the provision of security, see section 190 .\nAn approval may be given on conditions stated in it.\nIf the application is approved, the person named in the approval may enter the land and remove the plant (other than any covers, fencing, casings, linings, timbering or other things securing the safety of the land) stated in the application before the time stated in the approval ends.\nAnything lawfully removed under subsection (7) divests from the State and vests in the person entitled to it immediately before the termination of the mineral development licence.\nIn this section, plant has the meaning given in section 228 (3) .\ns 229 ins 1995 No. 21 s 64 ; 2005 No. 8 s 2 sch\namd 2012 No. 20 s 125 sch 1\n(sec.229-ssec.1) This section applies to plant that vests in the State on the termination of a mineral development licence.\n(sec.229-ssec.2) Anyone who had an interest in the plant immediately before its ownership vested in the State may apply in writing to the Minister for permission to remove the plant from the land.\n(sec.229-ssec.3) The application— must be made within 20 business days after the plant vests in the State (or a longer period, of not more than 3 months, allowed by the Minister); and may be made even though a subsequent grant of a mining claim, exploration permit, mineral development licence or mining lease has been made over the land.\n(sec.229-ssec.4) The Minister may approve or refuse to approve the application.\n(sec.229-ssec.5) However, the Minister must approve the application if the Minister is satisfied— the person was entitled to the plant immediately before it vested in the State; and there is enough security held for the terminated mineral development licence to meet the costs for which it was deposited. For the provision of security, see section 190 .\n(sec.229-ssec.6) An approval may be given on conditions stated in it.\n(sec.229-ssec.7) If the application is approved, the person named in the approval may enter the land and remove the plant (other than any covers, fencing, casings, linings, timbering or other things securing the safety of the land) stated in the application before the time stated in the approval ends.\n(sec.229-ssec.8) Anything lawfully removed under subsection (7) divests from the State and vests in the person entitled to it immediately before the termination of the mineral development licence.\n(sec.229-ssec.9) In this section, plant has the meaning given in section 228 (3) .\n- (a) must be made within 20 business days after the plant vests in the State (or a longer period, of not more than 3 months, allowed by the Minister); and\n- (b) may be made even though a subsequent grant of a mining claim, exploration permit, mineral development licence or mining lease has been made over the land.\n- (a) the person was entitled to the plant immediately before it vested in the State; and\n- (b) there is enough security held for the terminated mineral development licence to meet the costs for which it was deposited. Note— For the provision of security, see section 190 .","sortOrder":259},{"sectionNumber":"sec.230","sectionType":"section","heading":"Plant remaining on former mineral development licence may be sold etc.","content":"### sec.230 Plant remaining on former mineral development licence may be sold etc.\n\nThis section applies if the Minister has not received, or has received but not granted, an application for approval to remove plant from the site of a terminated mineral development licence within 3 months after the licence’s termination.\nThe Minister may—\nsell the plant by public auction or in another stated way; or\nif the plant has no commercial value—dispose of or destroy it.\nProceeds of a sale are to be applied in the following order towards—\nthe reasonable expenses incurred in the sale;\nthe cost of rectifying actual damage for which an amount of security deposited for the terminated mineral development licence could have been used but was not used, or was inadequate;\ncosts and expenses mentioned in the Environmental Protection Act , section 316C ;\namounts owing to the State under this Act by the former holder;\nany other amounts owing to the State under the Environmental Protection Act for a relevant environmental authority;\namounts owing to a mortgagee under a mortgage registered under the Common Provisions Act over the mineral development licence.\nAny balance must be paid to the former holder.\nIf the Minister can not decide the identity of, or locate, a person entitled to the proceeds or part of the proceeds, the Minister may pay the amount to the public trustee as unclaimed moneys.\nA secured party can not enforce any security interest in the proceeds of sale against an entity to whom an amount is payable under subsection (3) (a) to (e) .\nCompensation is not payable for a sale, disposal or destruction under this section.\nIn this section—\nplant has the meaning given in section 228 (3) .\nPPS Act means the Personal Property Securities Act 2009 (Cwlth) .\nsecured party has the meaning given by the PPS Act , section 10 .\nsecurity interest has the meaning given by the PPS Act , section 12 .\ns 230 ins 1995 No. 21 s 64\namd 1997 No. 14 s 13 ; 1999 No. 35 s 40 ; 2000 No. 64 ss 125 , 174 sch ; 1994 No. 62 s 616 (2) (amd 2000 No. 64 s 52 ); 2010 No. 44 s 122 ; 2012 No. 20 s 125 sch 1 ; 2012 No. 16 s 78 sch ; 2013 No. 10 s 193 sch 1 ; 2014 No. 47 s 393 ; 2018 No. 30 s 210 ; 2020 No. 14 s 123\n(sec.230-ssec.1) This section applies if the Minister has not received, or has received but not granted, an application for approval to remove plant from the site of a terminated mineral development licence within 3 months after the licence’s termination.\n(sec.230-ssec.2) The Minister may— sell the plant by public auction or in another stated way; or if the plant has no commercial value—dispose of or destroy it.\n(sec.230-ssec.3) Proceeds of a sale are to be applied in the following order towards— the reasonable expenses incurred in the sale; the cost of rectifying actual damage for which an amount of security deposited for the terminated mineral development licence could have been used but was not used, or was inadequate; costs and expenses mentioned in the Environmental Protection Act , section 316C ; amounts owing to the State under this Act by the former holder; any other amounts owing to the State under the Environmental Protection Act for a relevant environmental authority; amounts owing to a mortgagee under a mortgage registered under the Common Provisions Act over the mineral development licence.\n(sec.230-ssec.4) Any balance must be paid to the former holder.\n(sec.230-ssec.5) If the Minister can not decide the identity of, or locate, a person entitled to the proceeds or part of the proceeds, the Minister may pay the amount to the public trustee as unclaimed moneys.\n(sec.230-ssec.5A) A secured party can not enforce any security interest in the proceeds of sale against an entity to whom an amount is payable under subsection (3) (a) to (e) .\n(sec.230-ssec.6) Compensation is not payable for a sale, disposal or destruction under this section.\n(sec.230-ssec.7) In this section— plant has the meaning given in section 228 (3) . PPS Act means the Personal Property Securities Act 2009 (Cwlth) . secured party has the meaning given by the PPS Act , section 10 . security interest has the meaning given by the PPS Act , section 12 .\n- (a) sell the plant by public auction or in another stated way; or\n- (b) if the plant has no commercial value—dispose of or destroy it.\n- (a) the reasonable expenses incurred in the sale;\n- (b) the cost of rectifying actual damage for which an amount of security deposited for the terminated mineral development licence could have been used but was not used, or was inadequate;\n- (c) costs and expenses mentioned in the Environmental Protection Act , section 316C ;\n- (d) amounts owing to the State under this Act by the former holder;\n- (e) any other amounts owing to the State under the Environmental Protection Act for a relevant environmental authority;\n- (f) amounts owing to a mortgagee under a mortgage registered under the Common Provisions Act over the mineral development licence.","sortOrder":260},{"sectionNumber":"sec.231","sectionType":"section","heading":"Variation of access to mineral development licence area","content":"### sec.231 Variation of access to mineral development licence area\n\nThe holder of a mineral development licence may apply to the chief executive in the approved form for a variation of the land used or proposed to be used as access in relation to the area of the mineral development licence.\nAn application for a variation of the land used or to be used as access under this section shall be accompanied by—\nsuch particulars as are, under section 183 , required to accompany an application for the grant of a mineral development licence in so far as those particulars relate to the land used or proposed to be used as access in relation to the area of the mineral development licence; and\nthe prescribed application fee.\nThe Minister may grant or reject an application under this section.\nWithout limiting subsection (3) , the Minister may reject the application if the Minister considers the variation is not in the public interest.\nIf the Minister grants the application, the Minister may impose conditions on the variation.\nWithout limiting subsection (5) , the Minister may impose a condition on the variation if the Minister considers the condition is in the public interest.\nUpon the grant of an application under this section the variation shall thereupon become effective.\nIf an application under this section is rejected, the Minister shall cause the applicant to be advised of the reasons for the rejection.\nWithin 15 business days (or such longer period as the Minister shall in the particular case allow) of the Minister granting an application under this section, the holder of the mineral development licence shall give notice in the approved form to the owner of land directly affected by the variation.\ns 231 ins 1990 No. 30 s 26\namd 1995 No. 21 s 3 sch ; 2005 No. 8 s 2 sch ; 2008 No. 56 s 53 ; 2012 No. 20 s 125 sch 1 ; 2013 No. 10 s 193 sch 1 ; 2014 No. 47 s 427\n(sec.231-ssec.1) The holder of a mineral development licence may apply to the chief executive in the approved form for a variation of the land used or proposed to be used as access in relation to the area of the mineral development licence.\n(sec.231-ssec.2) An application for a variation of the land used or to be used as access under this section shall be accompanied by— such particulars as are, under section 183 , required to accompany an application for the grant of a mineral development licence in so far as those particulars relate to the land used or proposed to be used as access in relation to the area of the mineral development licence; and the prescribed application fee.\n(sec.231-ssec.3) The Minister may grant or reject an application under this section.\n(sec.231-ssec.4) Without limiting subsection (3) , the Minister may reject the application if the Minister considers the variation is not in the public interest.\n(sec.231-ssec.5) If the Minister grants the application, the Minister may impose conditions on the variation.\n(sec.231-ssec.6) Without limiting subsection (5) , the Minister may impose a condition on the variation if the Minister considers the condition is in the public interest.\n(sec.231-ssec.7) Upon the grant of an application under this section the variation shall thereupon become effective.\n(sec.231-ssec.8) If an application under this section is rejected, the Minister shall cause the applicant to be advised of the reasons for the rejection.\n(sec.231-ssec.9) Within 15 business days (or such longer period as the Minister shall in the particular case allow) of the Minister granting an application under this section, the holder of the mineral development licence shall give notice in the approved form to the owner of land directly affected by the variation.\n- (a) such particulars as are, under section 183 , required to accompany an application for the grant of a mineral development licence in so far as those particulars relate to the land used or proposed to be used as access in relation to the area of the mineral development licence; and\n- (b) the prescribed application fee.","sortOrder":261},{"sectionNumber":"sec.231AA","sectionType":"section","heading":"Activity report for mineral development licence","content":"### sec.231AA Activity report for mineral development licence\n\nA regulation may—\nrequire a holder of a mineral development licence to give the Minister a report (an activity report ) about the activities carried out under the licence; and\nprescribe the following for the activity report—\nwhen the report is to be given;\nthe format of the report;\nthe information to be contained in the report and the degree of precision required for the information.\ns 231AA ins 2018 No. 24 s 105\namd 2024 No. 33 s 183 s ch 1 pt 2\n- (a) require a holder of a mineral development licence to give the Minister a report (an activity report ) about the activities carried out under the licence; and\n- (b) prescribe the following for the activity report— (i) when the report is to be given; (ii) the format of the report; (iii) the information to be contained in the report and the degree of precision required for the information.\n- (i) when the report is to be given;\n- (ii) the format of the report;\n- (iii) the information to be contained in the report and the degree of precision required for the information.\n- (i) when the report is to be given;\n- (ii) the format of the report;\n- (iii) the information to be contained in the report and the degree of precision required for the information.","sortOrder":262},{"sectionNumber":"sec.231AB","sectionType":"section","heading":"Partial surrender report for mineral development licence","content":"### sec.231AB Partial surrender report for mineral development licence\n\nA regulation may—\nrequire a holder of a mineral development licence to give the Minister a report (a partial surrender report ) about a reduction in the area of the licence; and\nprescribe the following for the partial surrender report—\nwhen the report is to be given;\nthe format of the report;\nthe information to be contained in the report and the degree of precision required for the information.\ns 231AB ins 2018 No. 24 s 105\namd 2024 No. 33 s 183 s ch 1 pt 2\n- (a) require a holder of a mineral development licence to give the Minister a report (a partial surrender report ) about a reduction in the area of the licence; and\n- (b) prescribe the following for the partial surrender report— (i) when the report is to be given; (ii) the format of the report; (iii) the information to be contained in the report and the degree of precision required for the information.\n- (i) when the report is to be given;\n- (ii) the format of the report;\n- (iii) the information to be contained in the report and the degree of precision required for the information.\n- (i) when the report is to be given;\n- (ii) the format of the report;\n- (iii) the information to be contained in the report and the degree of precision required for the information.","sortOrder":263},{"sectionNumber":"sec.231AC","sectionType":"section","heading":"Final report for mineral development licence","content":"### sec.231AC Final report for mineral development licence\n\nA regulation may—\nrequire a holder of a mineral development licence to give the Minister a report (a final report ) summarising the results of activities carried out under the licence during the whole of its term; and\nprescribe the following for the final report—\nwhen the report is to be given;\nthe format of the report;\nthe information to be contained in the report and the degree of precision required for the information.\ns 231AC ins 2018 No. 24 s 105\namd 2024 No. 33 s 183 s ch 1 pt 2\n- (a) require a holder of a mineral development licence to give the Minister a report (a final report ) summarising the results of activities carried out under the licence during the whole of its term; and\n- (b) prescribe the following for the final report— (i) when the report is to be given; (ii) the format of the report; (iii) the information to be contained in the report and the degree of precision required for the information.\n- (i) when the report is to be given;\n- (ii) the format of the report;\n- (iii) the information to be contained in the report and the degree of precision required for the information.\n- (i) when the report is to be given;\n- (ii) the format of the report;\n- (iii) the information to be contained in the report and the degree of precision required for the information.","sortOrder":264},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Mineral development licence for Aurukun project","content":"# Mineral development licence for Aurukun project","sortOrder":265},{"sectionNumber":"sec.231A","sectionType":"section","heading":"Application of pts 1 and 2","content":"### sec.231A Application of pts 1 and 2\n\nThis part applies only for the granting of, and in relation to, a mineral development licence for an Aurukun project.\nPart 1 , except to the extent mentioned in subsection (3) , also applies for the granting of, and in relation to, a mineral development licence for an Aurukun project.\nSections 179 , 180 , 181 (2) , 182 , 183 , 185 , 186 , 189 , 192 , 194 , 197A , 208 , 210 , 214 (1) (a) , 225 and 226AA do not apply for the granting of, and in relation to, a mineral development licence for an Aurukun project.\nAlso, a reference in a provision of part 1 to a provision that has been disapplied under subsection (3) is to be disregarded.\ns 231A ins 2006 No. 31 s 4\namd 2012 No. 20 s 125 sch 1 , s 281 sch 2 , s 323 sch 3 ; 2013 No. 10 s 56 ; 2016 No. 10 s 3 ; 2019 No. 17 s 228\n(sec.231A-ssec.1) This part applies only for the granting of, and in relation to, a mineral development licence for an Aurukun project.\n(sec.231A-ssec.2) Part 1 , except to the extent mentioned in subsection (3) , also applies for the granting of, and in relation to, a mineral development licence for an Aurukun project.\n(sec.231A-ssec.3) Sections 179 , 180 , 181 (2) , 182 , 183 , 185 , 186 , 189 , 192 , 194 , 197A , 208 , 210 , 214 (1) (a) , 225 and 226AA do not apply for the granting of, and in relation to, a mineral development licence for an Aurukun project.\n(sec.231A-ssec.4) Also, a reference in a provision of part 1 to a provision that has been disapplied under subsection (3) is to be disregarded.","sortOrder":266},{"sectionNumber":"sec.231B","sectionType":"section","heading":"Only eligible person can apply for and hold mineral development licence (180)","content":"### sec.231B Only eligible person can apply for and hold mineral development licence (180)\n\nA mineral development licence under this part can only be applied for and held by an eligible person.\nThe application and grant of a licence may be made even if the land for the relevant Aurukun project is part of a restricted area.\nThe numbers bracketed in the headings to this and other sections of this part are references to corresponding sections in part 1 .\nDespite subsection (1) , a mineral development licence granted under this part may be cancelled under section 231J even though the holder has ceased to be an eligible person.\ns 231B ins 2006 No. 31 s 4\namd 2013 No. 10 s 57 ; 2012 No. 20 s 323 sch 3\n(sec.231B-ssec.1) A mineral development licence under this part can only be applied for and held by an eligible person.\n(sec.231B-ssec.2) The application and grant of a licence may be made even if the land for the relevant Aurukun project is part of a restricted area. The numbers bracketed in the headings to this and other sections of this part are references to corresponding sections in part 1 .\n(sec.231B-ssec.3) Despite subsection (1) , a mineral development licence granted under this part may be cancelled under section 231J even though the holder has ceased to be an eligible person.","sortOrder":267},{"sectionNumber":"sec.231C","sectionType":"section","heading":"Application for mineral development licence (183)","content":"### sec.231C Application for mineral development licence (183)\n\nThe application for the grant of a mineral development licence must—\nbe in the approved form; and\ndefine the boundary of the area of the proposed mineral development licence; and\nSection 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.\ndefine the boundary of any area of land outside the area of the proposed mineral development licence intended to be used to access the surface area of the land proposed to be included in the proposed licence area; and\nbe lodged with the chief executive; and\nbe accompanied by—\na statement, acceptable to the Minister, stating the activities, if any, proposed to be conducted under the licence, including, for example, work programs, amounts to be spent and studies to be performed; and\na statement, acceptable to the Minister, separate from the statement mentioned in subparagraph (i) , detailing the applicant’s financial and technical resources; and\nthe application fee prescribed under a regulation.\ns 231C ins 2006 No. 31 s 4\namd 2007 No. 46 s 68 ; 2012 No. 20 s 125 sch 1 , s 281 sch 2 ; 2013 No. 10 s 193 sch 1 ; 2014 No. 47 s 428\n- (a) be in the approved form; and\n- (b) define the boundary of the area of the proposed mineral development licence; and Note— Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.\n- (c) define the boundary of any area of land outside the area of the proposed mineral development licence intended to be used to access the surface area of the land proposed to be included in the proposed licence area; and\n- (d) be lodged with the chief executive; and\n- (e) be accompanied by— (i) a statement, acceptable to the Minister, stating the activities, if any, proposed to be conducted under the licence, including, for example, work programs, amounts to be spent and studies to be performed; and (ii) a statement, acceptable to the Minister, separate from the statement mentioned in subparagraph (i) , detailing the applicant’s financial and technical resources; and (iii) the application fee prescribed under a regulation.\n- (i) a statement, acceptable to the Minister, stating the activities, if any, proposed to be conducted under the licence, including, for example, work programs, amounts to be spent and studies to be performed; and\n- (ii) a statement, acceptable to the Minister, separate from the statement mentioned in subparagraph (i) , detailing the applicant’s financial and technical resources; and\n- (iii) the application fee prescribed under a regulation.\n- (i) a statement, acceptable to the Minister, stating the activities, if any, proposed to be conducted under the licence, including, for example, work programs, amounts to be spent and studies to be performed; and\n- (ii) a statement, acceptable to the Minister, separate from the statement mentioned in subparagraph (i) , detailing the applicant’s financial and technical resources; and\n- (iii) the application fee prescribed under a regulation.","sortOrder":268},{"sectionNumber":"sec.231D","sectionType":"section","heading":null,"content":"### Section sec.231D\n\ns 231D ins 2006 No. 31 s 4\nom 2014 No. 47 s 429","sortOrder":269},{"sectionNumber":"sec.231E","sectionType":"section","heading":"Minister may grant or reject application for mineral development licence (186)","content":"### sec.231E Minister may grant or reject application for mineral development licence (186)\n\nIf the Minister is satisfied the applicant has complied with this Act in relation to the application, the Minister may grant the applicant a mineral development licence over all or part of the land for which the application is made.\nAlternatively, the Minister may reject the application.\nWithout limiting subsection (2) , the Minister may reject the application if the Minister considers the mineral development licence is not in the public interest.\nIf the Minister rejects the application, in whole or in part, the Minister must, as soon as practicable after making the decision, give the applicant written notice of the reasons for the decision.\nIf the Minister grants the licence for part only of the land applied for, the application in so far as it relates to the balance of that land is taken to be rejected.\nThe Minister may decide a condition to which the licence is subject if the Minister considers the condition is in the public interest.\nThe chief executive must record in the register the following details of the licence—\nthe identification number of the licence;\nthe name of the holder;\nthe address for service of notices on the holder;\nthe description of land for which the licence is granted;\nthe term and date of commencement of the licence;\nthe conditions, other than conditions prescribed under this Act, to which the licence is subject;\nthe minerals the subject of the licence.\ns 231E ins 2006 No. 31 s 4\namd 2008 No. 56 s 54 ; 2012 No. 20 s 281 sch 2 ; 2018 No. 24 s 106\n(sec.231E-ssec.1) If the Minister is satisfied the applicant has complied with this Act in relation to the application, the Minister may grant the applicant a mineral development licence over all or part of the land for which the application is made.\n(sec.231E-ssec.2) Alternatively, the Minister may reject the application.\n(sec.231E-ssec.3) Without limiting subsection (2) , the Minister may reject the application if the Minister considers the mineral development licence is not in the public interest.\n(sec.231E-ssec.4) If the Minister rejects the application, in whole or in part, the Minister must, as soon as practicable after making the decision, give the applicant written notice of the reasons for the decision.\n(sec.231E-ssec.5) If the Minister grants the licence for part only of the land applied for, the application in so far as it relates to the balance of that land is taken to be rejected.\n(sec.231E-ssec.6) The Minister may decide a condition to which the licence is subject if the Minister considers the condition is in the public interest.\n(sec.231E-ssec.7) The chief executive must record in the register the following details of the licence— the identification number of the licence; the name of the holder; the address for service of notices on the holder; the description of land for which the licence is granted; the term and date of commencement of the licence; the conditions, other than conditions prescribed under this Act, to which the licence is subject; the minerals the subject of the licence.\n- (a) the identification number of the licence;\n- (b) the name of the holder;\n- (c) the address for service of notices on the holder;\n- (d) the description of land for which the licence is granted;\n- (e) the term and date of commencement of the licence;\n- (f) the conditions, other than conditions prescribed under this Act, to which the licence is subject;\n- (g) the minerals the subject of the licence.","sortOrder":270},{"sectionNumber":"sec.231F","sectionType":"section","heading":"Initial term of mineral development licence (192)","content":"### sec.231F Initial term of mineral development licence (192)\n\nThe initial term of a mineral development licence is for a period of not more than 5 years starting on the first day of the month next following the day the licence is granted.\nFrom the grant of the licence to the start of the initial term, the holder has all the entitlements, powers, duties and functions the holder has during the term of the licence.\nDespite section 193 , no rent is payable for the period before the initial term starts.\ns 231F ins 2006 No. 31 s 4\n(sec.231F-ssec.1) The initial term of a mineral development licence is for a period of not more than 5 years starting on the first day of the month next following the day the licence is granted.\n(sec.231F-ssec.2) From the grant of the licence to the start of the initial term, the holder has all the entitlements, powers, duties and functions the holder has during the term of the licence.\n(sec.231F-ssec.3) Despite section 193 , no rent is payable for the period before the initial term starts.","sortOrder":271},{"sectionNumber":"sec.231G","sectionType":"section","heading":"Conditions of mineral development licence (194)","content":"### sec.231G Conditions of mineral development licence (194)\n\nA mineral development licence is subject to—\na condition that the holder must—\ncomply with the mandatory provisions of the land access code to the extent it applies to the holder; and\nensure any other person carrying out an authorised activity for the mineral development licence complies with the mandatory provisions of the land access code; and\nif the holder uses land outside the boundary of the area of the mineral development licence for access to the area of the mineral development licence, a condition that the holder may use the land only for the following purposes—\nto transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mineral development licence;\nto transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder;\nto construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii) ; and\na condition that the holder must carry out the activities, if any, for which the licence was granted and in accordance with this Act and the conditions of the licence and for no other purpose; and\na condition that the holder must carry out improvement restoration for the licence; and\na condition that the holder, before the licence ends for whatever cause, must remove all equipment and plant on or in the area of the licence unless otherwise authorised in writing by the Minister; and\na condition that without the prior approval in writing of the Minister the holder must not obstruct or interfere with any right of access had at any time during the term of the licence by any person in relation to the area of the licence for so long as that right of access is exercised; and\na condition that the holder is not to transfer or mortgage the licence, or any part of it, unless the Minister is satisfied that any approval or consent required under the relevant Aurukun agreement has been given; and\na condition that the holder must, when the Minister requires, give to the Minister—\nprogress and final reports, accompanied by maps, sections, charts and other data giving full particulars and results of activities carried out on the area stated by the Minister, including details of costs incurred for stated periods within the term of the licence; and\nmaterials obtained because of the holder’s activities under the licence; and\na condition that the holder—\npays the rental prescribed under a regulation; and\ndeposit, as required by the Minister, any security from time to time under this Act; and\na condition that the holder must comply with this Act, other mining legislation and the At Risk agreement; and\nany other conditions stated in the relevant Aurukun agreement to be conditions of the licence; and\nany other conditions decided by the Minister.\nWithout limiting subsection (1) , the Minister may decide a condition of the licence if the Minister considers the condition is in the public interest.\nThe Minister may, from time to time and with the agreement of the holder, vary any condition imposed by the Minister.\nWithout limiting subsection (3) , the Minister may decide not to make a variation of the condition proposed by the holder if the Minister considers the variation is not in the public interest.\nThe holder of the licence and all persons acting under the authority of the licence must comply with the conditions for the time being of the licence.\nConditions requiring compliance with stated codes or industry agreements may be imposed on the licence.\nDespite subsections (1) to (4) and (6) , a condition must not be imposed or varied if the condition, or the condition as varied, is the same, or substantially the same, or inconsistent with, a relevant environmental condition for the licence.\ns 231G ins 2006 No. 31 s 4\namd 2008 No. 56 s 55 ; 2012 No. 20 ss 188 , 125 sch 1 , s 281 sch 2 ; 2013 No. 10 s 58 ; 2016 No. 10 s 4 ; 2018 No. 24 s 107\n(sec.231G-ssec.1) A mineral development licence is subject to— a condition that the holder must— comply with the mandatory provisions of the land access code to the extent it applies to the holder; and ensure any other person carrying out an authorised activity for the mineral development licence complies with the mandatory provisions of the land access code; and if the holder uses land outside the boundary of the area of the mineral development licence for access to the area of the mineral development licence, a condition that the holder may use the land only for the following purposes— to transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mineral development licence; to transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder; to construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii) ; and a condition that the holder must carry out the activities, if any, for which the licence was granted and in accordance with this Act and the conditions of the licence and for no other purpose; and a condition that the holder must carry out improvement restoration for the licence; and a condition that the holder, before the licence ends for whatever cause, must remove all equipment and plant on or in the area of the licence unless otherwise authorised in writing by the Minister; and a condition that without the prior approval in writing of the Minister the holder must not obstruct or interfere with any right of access had at any time during the term of the licence by any person in relation to the area of the licence for so long as that right of access is exercised; and a condition that the holder is not to transfer or mortgage the licence, or any part of it, unless the Minister is satisfied that any approval or consent required under the relevant Aurukun agreement has been given; and a condition that the holder must, when the Minister requires, give to the Minister— progress and final reports, accompanied by maps, sections, charts and other data giving full particulars and results of activities carried out on the area stated by the Minister, including details of costs incurred for stated periods within the term of the licence; and materials obtained because of the holder’s activities under the licence; and a condition that the holder— pays the rental prescribed under a regulation; and deposit, as required by the Minister, any security from time to time under this Act; and a condition that the holder must comply with this Act, other mining legislation and the At Risk agreement; and any other conditions stated in the relevant Aurukun agreement to be conditions of the licence; and any other conditions decided by the Minister.\n(sec.231G-ssec.2) Without limiting subsection (1) , the Minister may decide a condition of the licence if the Minister considers the condition is in the public interest.\n(sec.231G-ssec.3) The Minister may, from time to time and with the agreement of the holder, vary any condition imposed by the Minister.\n(sec.231G-ssec.4) Without limiting subsection (3) , the Minister may decide not to make a variation of the condition proposed by the holder if the Minister considers the variation is not in the public interest.\n(sec.231G-ssec.5) The holder of the licence and all persons acting under the authority of the licence must comply with the conditions for the time being of the licence.\n(sec.231G-ssec.6) Conditions requiring compliance with stated codes or industry agreements may be imposed on the licence.\n(sec.231G-ssec.7) Despite subsections (1) to (4) and (6) , a condition must not be imposed or varied if the condition, or the condition as varied, is the same, or substantially the same, or inconsistent with, a relevant environmental condition for the licence.\n- (a) a condition that the holder must— (i) comply with the mandatory provisions of the land access code to the extent it applies to the holder; and (ii) ensure any other person carrying out an authorised activity for the mineral development licence complies with the mandatory provisions of the land access code; and\n- (i) comply with the mandatory provisions of the land access code to the extent it applies to the holder; and\n- (ii) ensure any other person carrying out an authorised activity for the mineral development licence complies with the mandatory provisions of the land access code; and\n- (b) if the holder uses land outside the boundary of the area of the mineral development licence for access to the area of the mineral development licence, a condition that the holder may use the land only for the following purposes— (i) to transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mineral development licence; (ii) to transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder; (iii) to construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii) ; and\n- (i) to transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mineral development licence;\n- (ii) to transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder;\n- (iii) to construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii) ; and\n- (c) a condition that the holder must carry out the activities, if any, for which the licence was granted and in accordance with this Act and the conditions of the licence and for no other purpose; and\n- (d) a condition that the holder must carry out improvement restoration for the licence; and\n- (e) a condition that the holder, before the licence ends for whatever cause, must remove all equipment and plant on or in the area of the licence unless otherwise authorised in writing by the Minister; and\n- (f) a condition that without the prior approval in writing of the Minister the holder must not obstruct or interfere with any right of access had at any time during the term of the licence by any person in relation to the area of the licence for so long as that right of access is exercised; and\n- (g) a condition that the holder is not to transfer or mortgage the licence, or any part of it, unless the Minister is satisfied that any approval or consent required under the relevant Aurukun agreement has been given; and\n- (h) a condition that the holder must, when the Minister requires, give to the Minister— (i) progress and final reports, accompanied by maps, sections, charts and other data giving full particulars and results of activities carried out on the area stated by the Minister, including details of costs incurred for stated periods within the term of the licence; and (ii) materials obtained because of the holder’s activities under the licence; and\n- (i) progress and final reports, accompanied by maps, sections, charts and other data giving full particulars and results of activities carried out on the area stated by the Minister, including details of costs incurred for stated periods within the term of the licence; and\n- (ii) materials obtained because of the holder’s activities under the licence; and\n- (i) a condition that the holder— (i) pays the rental prescribed under a regulation; and (ii) deposit, as required by the Minister, any security from time to time under this Act; and\n- (i) pays the rental prescribed under a regulation; and\n- (ii) deposit, as required by the Minister, any security from time to time under this Act; and\n- (j) a condition that the holder must comply with this Act, other mining legislation and the At Risk agreement; and\n- (k) any other conditions stated in the relevant Aurukun agreement to be conditions of the licence; and\n- (l) any other conditions decided by the Minister.\n- (i) comply with the mandatory provisions of the land access code to the extent it applies to the holder; and\n- (ii) ensure any other person carrying out an authorised activity for the mineral development licence complies with the mandatory provisions of the land access code; and\n- (i) to transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mineral development licence;\n- (ii) to transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder;\n- (iii) to construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii) ; and\n- (i) progress and final reports, accompanied by maps, sections, charts and other data giving full particulars and results of activities carried out on the area stated by the Minister, including details of costs incurred for stated periods within the term of the licence; and\n- (ii) materials obtained because of the holder’s activities under the licence; and\n- (i) pays the rental prescribed under a regulation; and\n- (ii) deposit, as required by the Minister, any security from time to time under this Act; and","sortOrder":272},{"sectionNumber":"sec.231H","sectionType":"section","heading":"Renewal of licence (197A)","content":"### sec.231H Renewal of licence (197A)\n\nThe Minister may renew a mineral development licence if the Minister is satisfied of each of the following—\nthe relevant Aurukun agreement has not been terminated;\nthe holder of the licence has complied with—\nthe licence; and\nthis Act in relation to the licence;\nthe activities proposed to be undertaken during the renewed term are appropriate;\nthe financial and technical resources available to the holder to carry out the proposed activities during the renewed term are appropriate.\nThe renewal may be granted for a further term of not more than 5 years decided by the Minister.\nThe renewed licence is subject to any conditions applying at the end of the earlier term of the licence and to any other conditions decided by the Minister.\nWithout limiting subsection (3) , the Minister may decide a condition to which the licence is subject if the Minister considers the condition is in the public interest.\nThe Minister may refuse to renew the licence if the Minister—\nhas served on the holder a notice, in the approved form, asking the holder to show cause, within the period stated in the notice, why the renewal should not be refused; and\nafter considering the holder’s response, is satisfied the renewal should be refused.\nWithout limiting subsection (1) or (5) , the Minister may refuse the renewal if the Minister considers the renewal is not in the public interest.\nAs soon as practicable after deciding the application for the renewal, the Minister must give the holder a written notice stating—\nthe decision; and\nif the decision is to refuse the renewal, the reasons for the decision.\ns 231H ins 2006 No. 31 s 4\namd 2008 No. 56 s 56 ; 2012 No. 20 s 281 sch 2 ; 2013 No. 10 s 59\n(sec.231H-ssec.1) The Minister may renew a mineral development licence if the Minister is satisfied of each of the following— the relevant Aurukun agreement has not been terminated; the holder of the licence has complied with— the licence; and this Act in relation to the licence; the activities proposed to be undertaken during the renewed term are appropriate; the financial and technical resources available to the holder to carry out the proposed activities during the renewed term are appropriate.\n(sec.231H-ssec.2) The renewal may be granted for a further term of not more than 5 years decided by the Minister.\n(sec.231H-ssec.3) The renewed licence is subject to any conditions applying at the end of the earlier term of the licence and to any other conditions decided by the Minister.\n(sec.231H-ssec.4) Without limiting subsection (3) , the Minister may decide a condition to which the licence is subject if the Minister considers the condition is in the public interest.\n(sec.231H-ssec.5) The Minister may refuse to renew the licence if the Minister— has served on the holder a notice, in the approved form, asking the holder to show cause, within the period stated in the notice, why the renewal should not be refused; and after considering the holder’s response, is satisfied the renewal should be refused.\n(sec.231H-ssec.6) Without limiting subsection (1) or (5) , the Minister may refuse the renewal if the Minister considers the renewal is not in the public interest.\n(sec.231H-ssec.7) As soon as practicable after deciding the application for the renewal, the Minister must give the holder a written notice stating— the decision; and if the decision is to refuse the renewal, the reasons for the decision.\n- (a) the relevant Aurukun agreement has not been terminated;\n- (b) the holder of the licence has complied with— (i) the licence; and (ii) this Act in relation to the licence;\n- (i) the licence; and\n- (ii) this Act in relation to the licence;\n- (c) the activities proposed to be undertaken during the renewed term are appropriate;\n- (d) the financial and technical resources available to the holder to carry out the proposed activities during the renewed term are appropriate.\n- (i) the licence; and\n- (ii) this Act in relation to the licence;\n- (a) has served on the holder a notice, in the approved form, asking the holder to show cause, within the period stated in the notice, why the renewal should not be refused; and\n- (b) after considering the holder’s response, is satisfied the renewal should be refused.\n- (a) the decision; and\n- (b) if the decision is to refuse the renewal, the reasons for the decision.","sortOrder":273},{"sectionNumber":"sec.231I","sectionType":"section","heading":"Requirements for transferring or mortgaging mineral development licences","content":"### sec.231I Requirements for transferring or mortgaging mineral development licences\n\nSubsection (2) applies to restrict a transfer or mortgage of a mineral development licence in addition to any requirements under the Common Provisions Act .\nA mineral development licence, or an interest in a mineral development licence, can not be transferred or mortgaged unless the Minister is satisfied that any approval or consent required under the relevant Aurukun agreement for the transfer or mortgage has been given.\ns 231I ins 2006 No. 31 s 4\namd 2013 No. 10 s 60 ; 2012 No. 20 ss 189 , 323 sch 3 ; 2014 No. 47 s 360\n(sec.231I-ssec.1) Subsection (2) applies to restrict a transfer or mortgage of a mineral development licence in addition to any requirements under the Common Provisions Act .\n(sec.231I-ssec.2) A mineral development licence, or an interest in a mineral development licence, can not be transferred or mortgaged unless the Minister is satisfied that any approval or consent required under the relevant Aurukun agreement for the transfer or mortgage has been given.","sortOrder":274},{"sectionNumber":"sec.231J","sectionType":"section","heading":"Contravention by holder of mineral development licence (209)","content":"### sec.231J Contravention by holder of mineral development licence (209)\n\nIn addition to section 209 , if the relevant Aurukun agreement has been terminated, the Minister may cancel the licence.\ns 231J ins 2006 No. 31 s 4\namd 2013 No. 10 s 61","sortOrder":275},{"sectionNumber":"sec.231K","sectionType":"section","heading":null,"content":"### Section sec.231K\n\ns 231K ins 2006 No. 31 s 4\nom 2016 No. 10 s 5","sortOrder":276},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Mining leases generally","content":"# Mining leases generally","sortOrder":277},{"sectionNumber":"sec.232","sectionType":"section","heading":"Eligible person may apply for mining lease","content":"### sec.232 Eligible person may apply for mining lease\n\nAn eligible person (an applicant ) may apply for a mining lease for 1 or more minerals over an area of contiguous land (the proposed lease area ).\nSee section 245 for the requirements for making an application.\nSee sections 248 and 249 for the requirements for an applicant to obtain the consent or views of the holder of, or an earlier applicant for, an exploration permit, mineral development licence or mining lease over the same land.\nHowever, if the application is for a coal mining lease—\nthe proposed lease area must be in the area of any of the following (each a resource authority )—\na prospecting permit;\nan exploration permit for coal;\na mineral development licence; and\nthe applicant must—\nbe the holder of the resource authority; or\nhave the consent of the holder of the resource authority to apply for the coal mining lease.\nIf an area of contiguous land (also the proposed lease area ) is the subject of a call for mining lease tenders, an eligible person may apply for a mining lease over the proposed lease area only if the person—\nis the preferred tenderer for the tender; and\napplies for the mining lease within the application period mentioned in the notice given to the person under section 317ZH .\ns 232 amd 2008 No. 33 s 95 ; 2012 No. 20 ss 59 , 125 sch 1\nsub 2014 No. 47 s 430\namd 2017 No. 28 s 25 ; 2018 No. 24 s 108 ; 2020 No. 14 s 124\n(sec.232-ssec.1) An eligible person (an applicant ) may apply for a mining lease for 1 or more minerals over an area of contiguous land (the proposed lease area ). See section 245 for the requirements for making an application. See sections 248 and 249 for the requirements for an applicant to obtain the consent or views of the holder of, or an earlier applicant for, an exploration permit, mineral development licence or mining lease over the same land.\n(sec.232-ssec.2) However, if the application is for a coal mining lease— the proposed lease area must be in the area of any of the following (each a resource authority )— a prospecting permit; an exploration permit for coal; a mineral development licence; and the applicant must— be the holder of the resource authority; or have the consent of the holder of the resource authority to apply for the coal mining lease.\n(sec.232-ssec.3) If an area of contiguous land (also the proposed lease area ) is the subject of a call for mining lease tenders, an eligible person may apply for a mining lease over the proposed lease area only if the person— is the preferred tenderer for the tender; and applies for the mining lease within the application period mentioned in the notice given to the person under section 317ZH .\n- 1 See section 245 for the requirements for making an application.\n- 2 See sections 248 and 249 for the requirements for an applicant to obtain the consent or views of the holder of, or an earlier applicant for, an exploration permit, mineral development licence or mining lease over the same land.\n- (a) the proposed lease area must be in the area of any of the following (each a resource authority )— (i) a prospecting permit; (ii) an exploration permit for coal; (iii) a mineral development licence; and\n- (i) a prospecting permit;\n- (ii) an exploration permit for coal;\n- (iii) a mineral development licence; and\n- (b) the applicant must— (i) be the holder of the resource authority; or (ii) have the consent of the holder of the resource authority to apply for the coal mining lease.\n- (i) be the holder of the resource authority; or\n- (ii) have the consent of the holder of the resource authority to apply for the coal mining lease.\n- (i) a prospecting permit;\n- (ii) an exploration permit for coal;\n- (iii) a mineral development licence; and\n- (i) be the holder of the resource authority; or\n- (ii) have the consent of the holder of the resource authority to apply for the coal mining lease.\n- (a) is the preferred tenderer for the tender; and\n- (b) applies for the mining lease within the application period mentioned in the notice given to the person under section 317ZH .","sortOrder":278},{"sectionNumber":"sec.233","sectionType":"section","heading":"Only eligible persons to hold mining leases","content":"### sec.233 Only eligible persons to hold mining leases\n\nA mining lease shall not be held by a person who is not an eligible person.","sortOrder":279},{"sectionNumber":"sec.233A","sectionType":"section","heading":"Rejection of application if applicant disqualified","content":"### sec.233A Rejection of application if applicant disqualified\n\nThe Minister must reject an application for a mining lease if the Minister decides the applicant is disqualified under the Common Provisions Act , chapter 7 from being granted the lease.\nOn rejection of the application, the Minister must give the applicant a notice about the decision.\ns 233A ins 2020 No. 14 s 125\n(sec.233A-ssec.1) The Minister must reject an application for a mining lease if the Minister decides the applicant is disqualified under the Common Provisions Act , chapter 7 from being granted the lease.\n(sec.233A-ssec.2) On rejection of the application, the Minister must give the applicant a notice about the decision.","sortOrder":280},{"sectionNumber":"sec.234","sectionType":"section","heading":"Minister may grant mining lease","content":"### sec.234 Minister may grant mining lease\n\nThe Minister may grant to an eligible person or persons, a mining lease for all or any of the following purposes—\nto mine the mineral or minerals specified in the lease and for all purposes necessary to effectually carry on that mining;\nsuch purposes, other than mining, as are specified in the mining lease and that are associated with, arising from or promoting the activity of mining.\nHowever, coal seam gas can not be specified in a mining lease.\nFor the entitlement of a coal mining lease holder or an oil shale mining lease holder to mine coal seam gas, see section 318CM .\nAlso, the Minister must not grant a mining lease for land in a fossicking area, or for land that includes the whole or part of a fossicking area, unless the application—\nwas made, but not decided, before the land became a fossicking area; or\nis for land in a prospecting permit, exploration permit or mineral development licence.\ns 234 amd 1994 No. 63 s 110 (2) sch ; 2000 No. 64 s 126 ; 2004 No. 25 s 1013 ; 2008 No. 56 s 57 ; 2012 No. 20 ss 190 , 125 sch 1 , s 281 sch 2\n(sec.234-ssec.1) The Minister may grant to an eligible person or persons, a mining lease for all or any of the following purposes— to mine the mineral or minerals specified in the lease and for all purposes necessary to effectually carry on that mining; such purposes, other than mining, as are specified in the mining lease and that are associated with, arising from or promoting the activity of mining.\n(sec.234-ssec.2) However, coal seam gas can not be specified in a mining lease. For the entitlement of a coal mining lease holder or an oil shale mining lease holder to mine coal seam gas, see section 318CM .\n(sec.234-ssec.3) Also, the Minister must not grant a mining lease for land in a fossicking area, or for land that includes the whole or part of a fossicking area, unless the application— was made, but not decided, before the land became a fossicking area; or is for land in a prospecting permit, exploration permit or mineral development licence.\n- (a) to mine the mineral or minerals specified in the lease and for all purposes necessary to effectually carry on that mining;\n- (b) such purposes, other than mining, as are specified in the mining lease and that are associated with, arising from or promoting the activity of mining.\n- (a) was made, but not decided, before the land became a fossicking area; or\n- (b) is for land in a prospecting permit, exploration permit or mineral development licence.","sortOrder":281},{"sectionNumber":"sec.235","sectionType":"section","heading":"General entitlements of holder of mining lease","content":"### sec.235 General entitlements of holder of mining lease\n\nSubject to section 236 and chapter 8 , part 8 , division 1 , during the currency of a mining lease, the holder of the mining lease and any person who acts as agent or employee of the holder (or who delivers goods or substances or provides services to the holder) for a purpose or right for which the mining lease is granted—\nmay enter and be—\nwithin the area of the mining lease; and\nupon the surface area comprised in the mining lease;\nfor any purpose for which the mining lease is granted or for any purpose permitted or required under the lease or by this Act;\nmay do all such things as are permitted or required under the lease or by this Act, including plugging and abandoning, or otherwise remediating, a legacy borehole and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation.\nDuring the currency of the mining lease, the rights of the holder relate, and are taken to have always related, to the whole of the land and surface area mentioned in subsection (1) .\ns 235 amd 2000 No. 64 ss 127 , 174 sch ; 2004 No. 25 s 1014 ; 2012 No. 20 ss 190 , 125 sch 1 , s 323 sch 3 ; 2014 No. 47 s 401 ; 2014 No. 64 s 10\n(sec.235-ssec.1) Subject to section 236 and chapter 8 , part 8 , division 1 , during the currency of a mining lease, the holder of the mining lease and any person who acts as agent or employee of the holder (or who delivers goods or substances or provides services to the holder) for a purpose or right for which the mining lease is granted— may enter and be— within the area of the mining lease; and upon the surface area comprised in the mining lease; for any purpose for which the mining lease is granted or for any purpose permitted or required under the lease or by this Act; may do all such things as are permitted or required under the lease or by this Act, including plugging and abandoning, or otherwise remediating, a legacy borehole and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation.\n(sec.235-ssec.2) During the currency of the mining lease, the rights of the holder relate, and are taken to have always related, to the whole of the land and surface area mentioned in subsection (1) .\n- (a) may enter and be— (i) within the area of the mining lease; and (ii) upon the surface area comprised in the mining lease; for any purpose for which the mining lease is granted or for any purpose permitted or required under the lease or by this Act;\n- (i) within the area of the mining lease; and\n- (ii) upon the surface area comprised in the mining lease;\n- (b) may do all such things as are permitted or required under the lease or by this Act, including plugging and abandoning, or otherwise remediating, a legacy borehole and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation.\n- (i) within the area of the mining lease; and\n- (ii) upon the surface area comprised in the mining lease;","sortOrder":282},{"sectionNumber":"sec.236","sectionType":"section","heading":"Entitlement to use sand, gravel and rock","content":"### sec.236 Entitlement to use sand, gravel and rock\n\nSubject to compliance with any conditions specified in the mining lease and payment of the prescribed royalty to the person having the property in any sand, gravel or rock the holder of the mining lease may utilise, upon the area of the mining lease and for any purpose permitted under the mining lease, sand, gravel and rock occurring in or on the area of the mining lease except to the extent that an authority granted under any other Act prior to the grant of the mining lease or, with the consent of the holder of the mining lease, after the grant of the mining lease for the use or disposal applies thereto.\nA provision in any other Act, other than the Environmental Protection Act , that, but for this subsection, would require a person acting pursuant to subsection (1) to obtain a licence or other authority thereunder to so act or would prohibit that person from so acting unless the person held such a licence or authority does not apply to that person.\nFor the purposes of chapter 11 , sand, gravel and rock utilised by the holder of a mining lease pursuant to this section shall be deemed to be mineral mined by the holder.\ns 236 amd 2000 No. 64 s 128 ; 2012 No. 20 s 125 sch 1 , s 323 sch 3\n(sec.236-ssec.1) Subject to compliance with any conditions specified in the mining lease and payment of the prescribed royalty to the person having the property in any sand, gravel or rock the holder of the mining lease may utilise, upon the area of the mining lease and for any purpose permitted under the mining lease, sand, gravel and rock occurring in or on the area of the mining lease except to the extent that an authority granted under any other Act prior to the grant of the mining lease or, with the consent of the holder of the mining lease, after the grant of the mining lease for the use or disposal applies thereto.\n(sec.236-ssec.2) A provision in any other Act, other than the Environmental Protection Act , that, but for this subsection, would require a person acting pursuant to subsection (1) to obtain a licence or other authority thereunder to so act or would prohibit that person from so acting unless the person held such a licence or authority does not apply to that person.\n(sec.236-ssec.3) For the purposes of chapter 11 , sand, gravel and rock utilised by the holder of a mining lease pursuant to this section shall be deemed to be mineral mined by the holder.","sortOrder":283},{"sectionNumber":"sec.237","sectionType":"section","heading":"Drilling and other activities on land not included in surface area","content":"### sec.237 Drilling and other activities on land not included in surface area\n\nA mining lease holder may, in the approved form, apply to the Minister for approval to conduct drilling and other activities on land not included in the surface area covered under the lease.\nThe application—\nmust be lodged with the chief executive; and\nmust describe—\nthe activities proposed to be carried out on the land under the mining lease; and\nthe area over which the activities are to be carried out on the land; and\nmust state how long the activities are to be carried out; and\nmust be accompanied by—\nthe written consent of the owner of the land; and\nif there is an agreement between the holder and the owner about the compensation payable to the owner for the activities—a copy of the agreement; and\nthe fee prescribed under a regulation.\nThe Minister may approve or refuse to approve the application.\nAn approval may be given on conditions stated in it, including conditions about, for example, depositing security and complying with stated codes.\nIf an approval is given—\nthe mining lease must be amended to give effect to the approval and the conditions stated in it; and\nthe chief executive must record in the register the details of the approval.\ns 237 ins 1995 No. 21 s 65\namd 2000 No. 64 ss 129 , 174 sch ; 2012 No. 20 s 281 sch 2 ; 2013 No. 10 s 193 sch 1 ; 2018 No. 24 s 109\n(sec.237-ssec.1) A mining lease holder may, in the approved form, apply to the Minister for approval to conduct drilling and other activities on land not included in the surface area covered under the lease.\n(sec.237-ssec.2) The application— must be lodged with the chief executive; and must describe— the activities proposed to be carried out on the land under the mining lease; and the area over which the activities are to be carried out on the land; and must state how long the activities are to be carried out; and must be accompanied by— the written consent of the owner of the land; and if there is an agreement between the holder and the owner about the compensation payable to the owner for the activities—a copy of the agreement; and the fee prescribed under a regulation.\n(sec.237-ssec.3) The Minister may approve or refuse to approve the application.\n(sec.237-ssec.4) An approval may be given on conditions stated in it, including conditions about, for example, depositing security and complying with stated codes.\n(sec.237-ssec.5) If an approval is given— the mining lease must be amended to give effect to the approval and the conditions stated in it; and the chief executive must record in the register the details of the approval.\n- (a) must be lodged with the chief executive; and\n- (b) must describe— (i) the activities proposed to be carried out on the land under the mining lease; and (ii) the area over which the activities are to be carried out on the land; and\n- (i) the activities proposed to be carried out on the land under the mining lease; and\n- (ii) the area over which the activities are to be carried out on the land; and\n- (c) must state how long the activities are to be carried out; and\n- (d) must be accompanied by— (i) the written consent of the owner of the land; and (ii) if there is an agreement between the holder and the owner about the compensation payable to the owner for the activities—a copy of the agreement; and (iii) the fee prescribed under a regulation.\n- (i) the written consent of the owner of the land; and\n- (ii) if there is an agreement between the holder and the owner about the compensation payable to the owner for the activities—a copy of the agreement; and\n- (iii) the fee prescribed under a regulation.\n- (i) the activities proposed to be carried out on the land under the mining lease; and\n- (ii) the area over which the activities are to be carried out on the land; and\n- (i) the written consent of the owner of the land; and\n- (ii) if there is an agreement between the holder and the owner about the compensation payable to the owner for the activities—a copy of the agreement; and\n- (iii) the fee prescribed under a regulation.\n- (a) the mining lease must be amended to give effect to the approval and the conditions stated in it; and\n- (b) the chief executive must record in the register the details of the approval.","sortOrder":284},{"sectionNumber":"sec.238","sectionType":"section","heading":"Mining lease over surface of restricted land","content":"### sec.238 Mining lease over surface of restricted land\n\nA mining lease may be granted over the surface of land that was restricted land when the application for the lease was lodged only if—\neach relevant owner for the restricted land consents in writing to the application; and\nthe applicant lodges each relevant owner’s consent with the chief executive.\nA relevant owner for restricted land can not withdraw a consent under subsection (1) once it has been lodged with the chief executive.\nIn this section—\nrelevant owner , for restricted land, has the meaning given under the Common Provisions Act , section 69 .\ns 238 sub 1995 No. 21 s 66 ; 2012 No. 20 s 191\namd 2013 No. 10 s 193 sch 1 ; 2014 No. 47 s 431 (amd 2016 No. 30 s 87 ); 2018 No. 24 s 110\n(sec.238-ssec.1) A mining lease may be granted over the surface of land that was restricted land when the application for the lease was lodged only if— each relevant owner for the restricted land consents in writing to the application; and the applicant lodges each relevant owner’s consent with the chief executive.\n(sec.238-ssec.2) A relevant owner for restricted land can not withdraw a consent under subsection (1) once it has been lodged with the chief executive.\n(sec.238-ssec.3) In this section— relevant owner , for restricted land, has the meaning given under the Common Provisions Act , section 69 .\n- (a) each relevant owner for the restricted land consents in writing to the application; and\n- (b) the applicant lodges each relevant owner’s consent with the chief executive.","sortOrder":285},{"sectionNumber":"sec.239","sectionType":"section","heading":"Restriction on mining leases if land is released from exploration permit","content":"### sec.239 Restriction on mining leases if land is released from exploration permit\n\nThis section applies if an area of land is released from an exploration permit.\nHowever, this section applies only for the period—\nstarting when the land is released; and\nending 2 months after the end of the month in which the land is released.\nA person can not apply for, hold or have an interest (direct or indirect) in, 1 or more mining leases over the released land if the total area of the mining leases is more than 300ha.\nIn this section—\nreleased , for land the subject of an exploration permit, means the land stops being the subject of the permit.\ns 239 amd 2002 No. 62 s 6\nsub 2014 No. 47 s 432\n(sec.239-ssec.1) This section applies if an area of land is released from an exploration permit.\n(sec.239-ssec.2) However, this section applies only for the period— starting when the land is released; and ending 2 months after the end of the month in which the land is released.\n(sec.239-ssec.3) A person can not apply for, hold or have an interest (direct or indirect) in, 1 or more mining leases over the released land if the total area of the mining leases is more than 300ha.\n(sec.239-ssec.4) In this section— released , for land the subject of an exploration permit, means the land stops being the subject of the permit.\n- (a) starting when the land is released; and\n- (b) ending 2 months after the end of the month in which the land is released.","sortOrder":286},{"sectionNumber":"sec.240","sectionType":"section","heading":null,"content":"### Section sec.240\n\ns 240 amd 1990 No. 30 s 27\nom 2014 No. 47 s 433","sortOrder":287},{"sectionNumber":"sec.241","sectionType":"section","heading":null,"content":"### Section sec.241\n\ns 241 amd 2000 No. 64 s 174 sch ; 2003 No. 71 s 77\nom 2014 No. 47 s 433","sortOrder":288},{"sectionNumber":"sec.242","sectionType":"section","heading":null,"content":"### Section sec.242\n\ns 242 amd 2012 No. 20 s 125 sch 1 ; 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 433","sortOrder":289},{"sectionNumber":"sec.243","sectionType":"section","heading":null,"content":"### Section sec.243\n\ns 243 amd 2005 No. 8 s 2 sch ; 2012 No. 20 s 125 sch 1\nom 2014 No. 47 s 433","sortOrder":290},{"sectionNumber":"sec.244","sectionType":"section","heading":null,"content":"### Section sec.244\n\ns 244 amd 1995 No. 21 s 3 sch ; 2005 No. 8 s 2 sch\nom 2014 No. 47 s 433","sortOrder":291},{"sectionNumber":"sec.245","sectionType":"section","heading":"Application for grant of mining lease","content":"### sec.245 Application for grant of mining lease\n\nAn application for the grant of a mining lease must—\nbe in the approved form; and\nstate the name of each applicant; and\nstate the name and address for service of 1 person upon whom any notice may be served on behalf of the applicant or the applicants; and\ndescribe all parcels of land the whole or part of which are in or adjoin the proposed lease area; and\nstate the current use of the land in the proposed lease area and whether it is subject to erosion control works; and\nstate the names and addresses of the owners of—\nthe land in the proposed lease area; and\nany land that is to be used to access the land mentioned in subparagraph (i) ; and\ndefine the boundary of the proposed lease area; and\nSection 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.\ndefine the boundary of each of the following—\nany surface area of land to be included in the proposed lease area;\nany restricted land for the proposed mining lease;\nany land outside the boundary of the proposed lease area intended to be used to access the proposed lease area; and\nfor land mentioned in paragraph (h) (i) —state the purpose for which the land is intended to be used; and\nbe accompanied by a visual representation of the boundaries and land mentioned in paragraphs (g) and (h) ; and\ngive reasons why the mining lease should be granted in respect of the area and shape of the proposed lease area; and\nidentify the mineral or minerals or purpose for which the grant of the proposed mining lease is sought; and\nnominate the term of the proposed mining lease and give reasons for the length of term sought; and\nbe accompanied by a statement, acceptable to the chief executive—\noutlining the mining program proposed, its method of operation, and providing an indication of when operations are expected to start or, if a mining program is not proposed, outlining the use proposed for the proposed lease area and providing an indication of when the proposed use is to start; and\nof proposals for infrastructure requirements necessary to enable the mining program to proceed, or additional activities to be carried on to work out the infrastructure requirements; and\nstating the estimated human, technical and financial resources proposed to be committed to authorised activities for the proposed mining lease during the term of the lease, if granted; and\nbe accompanied by a statement, acceptable to the chief executive and separate from the statement mentioned in paragraph (n) , detailing the applicant’s financial and technical resources; and\nbe accompanied by—\nproof, to the chief executive’s satisfaction, of each applicant’s identity; and\nthe number of additional copies of the application, and other documents lodged with the application, the chief executive requires; and\nthe application fee prescribed by regulation; and\nbe lodged.\nHowever, subsection (1) (n) (i) does not apply if, under section 246 or chapter 8 , the application includes a proposed development plan that complies with the initial development plan requirements.\nThe chief executive must not accept a mining program mentioned in subsection (1) (n) (i) that is inconsistent with the provisions of this Act.\ns 245 amd 1995 No. 21 ss 67 , 3 sch ; 1997 No. 14 s 14 ; 2000 No. 64 s 130 ; 2004 No. 25 s 1015 ; 2005 No. 8 s 25 ; 2007 No. 46 s 69 ; 2008 No. 56 s 19 sch ; 2012 No. 20 s 125 sch 1 , s 281 sch 2 , s 323 sch 3 ; 2013 No. 10 s 193 sch 1\nsub 2014 No. 47 s 434 (amd 2016 No. 30 s 88 )\namd 2020 No. 14 s 126\n(sec.245-ssec.1) An application for the grant of a mining lease must— be in the approved form; and state the name of each applicant; and state the name and address for service of 1 person upon whom any notice may be served on behalf of the applicant or the applicants; and describe all parcels of land the whole or part of which are in or adjoin the proposed lease area; and state the current use of the land in the proposed lease area and whether it is subject to erosion control works; and state the names and addresses of the owners of— the land in the proposed lease area; and any land that is to be used to access the land mentioned in subparagraph (i) ; and define the boundary of the proposed lease area; and Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement. define the boundary of each of the following— any surface area of land to be included in the proposed lease area; any restricted land for the proposed mining lease; any land outside the boundary of the proposed lease area intended to be used to access the proposed lease area; and for land mentioned in paragraph (h) (i) —state the purpose for which the land is intended to be used; and be accompanied by a visual representation of the boundaries and land mentioned in paragraphs (g) and (h) ; and give reasons why the mining lease should be granted in respect of the area and shape of the proposed lease area; and identify the mineral or minerals or purpose for which the grant of the proposed mining lease is sought; and nominate the term of the proposed mining lease and give reasons for the length of term sought; and be accompanied by a statement, acceptable to the chief executive— outlining the mining program proposed, its method of operation, and providing an indication of when operations are expected to start or, if a mining program is not proposed, outlining the use proposed for the proposed lease area and providing an indication of when the proposed use is to start; and of proposals for infrastructure requirements necessary to enable the mining program to proceed, or additional activities to be carried on to work out the infrastructure requirements; and stating the estimated human, technical and financial resources proposed to be committed to authorised activities for the proposed mining lease during the term of the lease, if granted; and be accompanied by a statement, acceptable to the chief executive and separate from the statement mentioned in paragraph (n) , detailing the applicant’s financial and technical resources; and be accompanied by— proof, to the chief executive’s satisfaction, of each applicant’s identity; and the number of additional copies of the application, and other documents lodged with the application, the chief executive requires; and the application fee prescribed by regulation; and be lodged.\n(sec.245-ssec.2) However, subsection (1) (n) (i) does not apply if, under section 246 or chapter 8 , the application includes a proposed development plan that complies with the initial development plan requirements.\n(sec.245-ssec.3) The chief executive must not accept a mining program mentioned in subsection (1) (n) (i) that is inconsistent with the provisions of this Act.\n- (a) be in the approved form; and\n- (b) state the name of each applicant; and\n- (c) state the name and address for service of 1 person upon whom any notice may be served on behalf of the applicant or the applicants; and\n- (d) describe all parcels of land the whole or part of which are in or adjoin the proposed lease area; and\n- (e) state the current use of the land in the proposed lease area and whether it is subject to erosion control works; and\n- (f) state the names and addresses of the owners of— (i) the land in the proposed lease area; and (ii) any land that is to be used to access the land mentioned in subparagraph (i) ; and\n- (i) the land in the proposed lease area; and\n- (ii) any land that is to be used to access the land mentioned in subparagraph (i) ; and\n- (g) define the boundary of the proposed lease area; and Note— Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.\n- (h) define the boundary of each of the following— (i) any surface area of land to be included in the proposed lease area; (ii) any restricted land for the proposed mining lease; (iii) any land outside the boundary of the proposed lease area intended to be used to access the proposed lease area; and\n- (i) any surface area of land to be included in the proposed lease area;\n- (ii) any restricted land for the proposed mining lease;\n- (iii) any land outside the boundary of the proposed lease area intended to be used to access the proposed lease area; and\n- (i) for land mentioned in paragraph (h) (i) —state the purpose for which the land is intended to be used; and\n- (j) be accompanied by a visual representation of the boundaries and land mentioned in paragraphs (g) and (h) ; and\n- (k) give reasons why the mining lease should be granted in respect of the area and shape of the proposed lease area; and\n- (l) identify the mineral or minerals or purpose for which the grant of the proposed mining lease is sought; and\n- (m) nominate the term of the proposed mining lease and give reasons for the length of term sought; and\n- (n) be accompanied by a statement, acceptable to the chief executive— (i) outlining the mining program proposed, its method of operation, and providing an indication of when operations are expected to start or, if a mining program is not proposed, outlining the use proposed for the proposed lease area and providing an indication of when the proposed use is to start; and (ii) of proposals for infrastructure requirements necessary to enable the mining program to proceed, or additional activities to be carried on to work out the infrastructure requirements; and (iii) stating the estimated human, technical and financial resources proposed to be committed to authorised activities for the proposed mining lease during the term of the lease, if granted; and\n- (i) outlining the mining program proposed, its method of operation, and providing an indication of when operations are expected to start or, if a mining program is not proposed, outlining the use proposed for the proposed lease area and providing an indication of when the proposed use is to start; and\n- (ii) of proposals for infrastructure requirements necessary to enable the mining program to proceed, or additional activities to be carried on to work out the infrastructure requirements; and\n- (iii) stating the estimated human, technical and financial resources proposed to be committed to authorised activities for the proposed mining lease during the term of the lease, if granted; and\n- (o) be accompanied by a statement, acceptable to the chief executive and separate from the statement mentioned in paragraph (n) , detailing the applicant’s financial and technical resources; and\n- (p) be accompanied by— (i) proof, to the chief executive’s satisfaction, of each applicant’s identity; and (ii) the number of additional copies of the application, and other documents lodged with the application, the chief executive requires; and (iii) the application fee prescribed by regulation; and\n- (i) proof, to the chief executive’s satisfaction, of each applicant’s identity; and\n- (ii) the number of additional copies of the application, and other documents lodged with the application, the chief executive requires; and\n- (iii) the application fee prescribed by regulation; and\n- (q) be lodged.\n- (i) the land in the proposed lease area; and\n- (ii) any land that is to be used to access the land mentioned in subparagraph (i) ; and\n- (i) any surface area of land to be included in the proposed lease area;\n- (ii) any restricted land for the proposed mining lease;\n- (iii) any land outside the boundary of the proposed lease area intended to be used to access the proposed lease area; and\n- (i) outlining the mining program proposed, its method of operation, and providing an indication of when operations are expected to start or, if a mining program is not proposed, outlining the use proposed for the proposed lease area and providing an indication of when the proposed use is to start; and\n- (ii) of proposals for infrastructure requirements necessary to enable the mining program to proceed, or additional activities to be carried on to work out the infrastructure requirements; and\n- (iii) stating the estimated human, technical and financial resources proposed to be committed to authorised activities for the proposed mining lease during the term of the lease, if granted; and\n- (i) proof, to the chief executive’s satisfaction, of each applicant’s identity; and\n- (ii) the number of additional copies of the application, and other documents lodged with the application, the chief executive requires; and\n- (iii) the application fee prescribed by regulation; and","sortOrder":292},{"sectionNumber":"sec.245A","sectionType":"section","heading":null,"content":"### Section sec.245A\n\ns 245A ins 2008 No. 56 s 58\nom 2012 No. 20 s 192","sortOrder":293},{"sectionNumber":"sec.246","sectionType":"section","heading":"Additional requirement for applications for particular mining leases for prescribed minerals","content":"### sec.246 Additional requirement for applications for particular mining leases for prescribed minerals\n\nThis section applies to an application for the grant of a mining lease for a prescribed mineral if—\nthe applicant proposes to mine a threshold amount of the prescribed mineral under the proposed lease in a lease year, in any 1 or more of the first 5 lease years for the proposed lease; or\nthe proposed lease is to be part of an existing mining project comprised of prescribed mineral mining leases; or\nboth of the following apply—\nthe proposed lease is to be part of an existing mining project or proposed mining project;\nthe applicant proposes to mine a threshold amount of the prescribed mineral under the mining project or proposed mining project in a lease year, in any 1 or more of the first 5 lease years for the proposed lease.\nThe application must include a proposed development plan that complies with the initial development plan requirements for the proposed mining lease.\nSee section 317J for the initial development plan requirements.\nHowever, if the mining lease is to be part of a mining project, the proposed development plan may—\nalso relate to 1 or more of the prescribed mineral mining leases that comprise the mining project; and\ncomply with the later development plan requirements for a prescribed mineral mining lease.\nSee section 317Q for the later development plan requirements.\nIn this section—\nexisting mining project , in relation to an application for the grant of a mining lease, means a mining project that exists when the application is made.\nproposed mining project , in relation to an application for the grant of a mining lease, means a mining project that—\ndoes not exist when the application is made; and\nthe applicant intends will be comprised of—\nthe proposed mining lease; and\nat least 1 other mining lease to be granted, for which the applicant has made an application.\ns 246 prev s 246 amd 2012 No. 20 s 125 sch 1 ; 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 435\npres s 246 ins 2020 No. 14 s 127\n(sec.246-ssec.1) This section applies to an application for the grant of a mining lease for a prescribed mineral if— the applicant proposes to mine a threshold amount of the prescribed mineral under the proposed lease in a lease year, in any 1 or more of the first 5 lease years for the proposed lease; or the proposed lease is to be part of an existing mining project comprised of prescribed mineral mining leases; or both of the following apply— the proposed lease is to be part of an existing mining project or proposed mining project; the applicant proposes to mine a threshold amount of the prescribed mineral under the mining project or proposed mining project in a lease year, in any 1 or more of the first 5 lease years for the proposed lease.\n(sec.246-ssec.2) The application must include a proposed development plan that complies with the initial development plan requirements for the proposed mining lease. See section 317J for the initial development plan requirements.\n(sec.246-ssec.3) However, if the mining lease is to be part of a mining project, the proposed development plan may— also relate to 1 or more of the prescribed mineral mining leases that comprise the mining project; and comply with the later development plan requirements for a prescribed mineral mining lease. See section 317Q for the later development plan requirements.\n(sec.246-ssec.4) In this section— existing mining project , in relation to an application for the grant of a mining lease, means a mining project that exists when the application is made. proposed mining project , in relation to an application for the grant of a mining lease, means a mining project that— does not exist when the application is made; and the applicant intends will be comprised of— the proposed mining lease; and at least 1 other mining lease to be granted, for which the applicant has made an application.\n- (a) the applicant proposes to mine a threshold amount of the prescribed mineral under the proposed lease in a lease year, in any 1 or more of the first 5 lease years for the proposed lease; or\n- (b) the proposed lease is to be part of an existing mining project comprised of prescribed mineral mining leases; or\n- (c) both of the following apply— (i) the proposed lease is to be part of an existing mining project or proposed mining project; (ii) the applicant proposes to mine a threshold amount of the prescribed mineral under the mining project or proposed mining project in a lease year, in any 1 or more of the first 5 lease years for the proposed lease.\n- (i) the proposed lease is to be part of an existing mining project or proposed mining project;\n- (ii) the applicant proposes to mine a threshold amount of the prescribed mineral under the mining project or proposed mining project in a lease year, in any 1 or more of the first 5 lease years for the proposed lease.\n- (i) the proposed lease is to be part of an existing mining project or proposed mining project;\n- (ii) the applicant proposes to mine a threshold amount of the prescribed mineral under the mining project or proposed mining project in a lease year, in any 1 or more of the first 5 lease years for the proposed lease.\n- (a) also relate to 1 or more of the prescribed mineral mining leases that comprise the mining project; and\n- (b) comply with the later development plan requirements for a prescribed mineral mining lease.\n- (a) does not exist when the application is made; and\n- (b) the applicant intends will be comprised of— (i) the proposed mining lease; and (ii) at least 1 other mining lease to be granted, for which the applicant has made an application.\n- (i) the proposed mining lease; and\n- (ii) at least 1 other mining lease to be granted, for which the applicant has made an application.\n- (i) the proposed mining lease; and\n- (ii) at least 1 other mining lease to be granted, for which the applicant has made an application.","sortOrder":294},{"sectionNumber":"sec.247","sectionType":"section","heading":null,"content":"### Section sec.247\n\ns 247 om 2012 No. 20 s 192","sortOrder":295},{"sectionNumber":"sec.248","sectionType":"section","heading":"Applicant must obtain consent or views of existing authority holders","content":"### sec.248 Applicant must obtain consent or views of existing authority holders\n\nThis section applies if a person applies for a mining lease over land in the area of an existing exploration permit, mineral development licence or mining lease (the existing authority ) held by someone else.\nThe applicant must obtain the existing authority holder’s written consent to the application if the lease applied for is for the area of, or land within the area of, the existing authority and for—\nthe same minerals as the existing authority; or\na specific purpose mining lease.\nThe applicant must obtain the existing authority holder’s written views on the application if the lease applied for is for different minerals to those covered by the existing authority.\nIf the existing authority holder’s consent required under subsection (2) is not lodged with the chief executive before the last objection day for the application ends, the mining lease can not be granted.\nHowever, for a lease mentioned in subsection (2) (b) , subsection (4) is subject to section 271AB .\nIf the existing authority holder’s views required under subsection (3) are not lodged with the chief executive before the last objection day for the application ends, the applicant must lodge with the chief executive before the last objection day ends a statutory declaration stating why the applicant can not obtain the views.\ns 248 ins 1995 No. 21 s 68\namd 1997 No. 14 s 15\nsub 2005 No. 8 s 26\namd 2004 No. 12 s 152 (amdt could not be given effect); 2009 No. 16 s 54 ; 2010 No. 31 s 523 ; 2012 No. 20 s 125 sch 1 ; 2013 No. 10 s 193 sch 1 ; 2020 No. 14 s 128\n(sec.248-ssec.1) This section applies if a person applies for a mining lease over land in the area of an existing exploration permit, mineral development licence or mining lease (the existing authority ) held by someone else.\n(sec.248-ssec.2) The applicant must obtain the existing authority holder’s written consent to the application if the lease applied for is for the area of, or land within the area of, the existing authority and for— the same minerals as the existing authority; or a specific purpose mining lease.\n(sec.248-ssec.3) The applicant must obtain the existing authority holder’s written views on the application if the lease applied for is for different minerals to those covered by the existing authority.\n(sec.248-ssec.4) If the existing authority holder’s consent required under subsection (2) is not lodged with the chief executive before the last objection day for the application ends, the mining lease can not be granted.\n(sec.248-ssec.5) However, for a lease mentioned in subsection (2) (b) , subsection (4) is subject to section 271AB .\n(sec.248-ssec.6) If the existing authority holder’s views required under subsection (3) are not lodged with the chief executive before the last objection day for the application ends, the applicant must lodge with the chief executive before the last objection day ends a statutory declaration stating why the applicant can not obtain the views.\n- (a) the same minerals as the existing authority; or\n- (b) a specific purpose mining lease.","sortOrder":296},{"sectionNumber":"sec.249","sectionType":"section","heading":"Later applicant must obtain consent or views of earlier applicant if same land affected","content":"### sec.249 Later applicant must obtain consent or views of earlier applicant if same land affected\n\nThis section applies if—\na person (the earlier applicant ) makes an application to the chief executive for an exploration permit, mineral development licence or mining lease over land; and\nsomeone else (the later applicant ) makes a later application to the chief executive for a mining lease for any land applied for in the earlier application.\nThe later applicant must obtain the earlier applicant’s written consent to the later application if the lease applied for in the later application is over land applied for in the earlier application and for—\nthe same minerals as the earlier application; or\na specific purpose mining lease.\nThe written consent may be lodged with the chief executive before—\nif the earlier application is decided by the grant of the permit, licence or lease applied for—20 business days after the permit, licence or lease is granted; or\notherwise—the earlier application is decided.\nThe later applicant must, within the request period, give the earlier applicant a written request seeking the earlier applicant’s views if—\nthe earlier application is for a mining tenement mentioned in subsection (1) (a) ; and\nthe lease applied for in the later application is—\nover land applied for in the earlier application; and\nfor different minerals to those covered by the earlier application.\nThe written request must—\nstate that the earlier applicant may, within the response period, lodge written views on the later application with the chief executive; and\ninclude a copy of the later application, other than any part of the application detailing the later applicant’s financial and technical resources.\nA later applicant to whom subsection (4) applies must lodge with the chief executive notice of the day the later applicant complied with the obligation under subsection (4) .\nAn earlier applicant given a written request under subsection (4) may, within the response period, lodge the earlier applicant’s written views with the chief executive.\nThe chief executive must not deal with the later application until—\nfor a later application to which subsection (2) applies—the earlier applicant’s consent is lodged with the chief executive; or\nfor a later application to which subsection (4) applies—\nthe earlier applicant’s views are lodged with the chief executive; or\nthe end of the response period; or\nfor any other later application—the day the earlier application is finally decided.\nIn this section—\nrequest period means a period of 10 business days starting on the day the later application is lodged.\nresponse period means a period of 20 business days starting on the day the earlier applicant is given a notice under subsection (4) .\ns 249 ins 1995 No. 21 s 68\nsub 2005 No. 8 s 26\namd 2009 No. 16 s 55 ; 2010 No. 31 s 421 ; 2010 No. 31 s 524 ; 2012 No. 20 s 125 sch 1 ; 2013 No. 10 s 193 sch 1\n(sec.249-ssec.1) This section applies if— a person (the earlier applicant ) makes an application to the chief executive for an exploration permit, mineral development licence or mining lease over land; and someone else (the later applicant ) makes a later application to the chief executive for a mining lease for any land applied for in the earlier application.\n(sec.249-ssec.2) The later applicant must obtain the earlier applicant’s written consent to the later application if the lease applied for in the later application is over land applied for in the earlier application and for— the same minerals as the earlier application; or a specific purpose mining lease.\n(sec.249-ssec.3) The written consent may be lodged with the chief executive before— if the earlier application is decided by the grant of the permit, licence or lease applied for—20 business days after the permit, licence or lease is granted; or otherwise—the earlier application is decided.\n(sec.249-ssec.4) The later applicant must, within the request period, give the earlier applicant a written request seeking the earlier applicant’s views if— the earlier application is for a mining tenement mentioned in subsection (1) (a) ; and the lease applied for in the later application is— over land applied for in the earlier application; and for different minerals to those covered by the earlier application.\n(sec.249-ssec.5) The written request must— state that the earlier applicant may, within the response period, lodge written views on the later application with the chief executive; and include a copy of the later application, other than any part of the application detailing the later applicant’s financial and technical resources.\n(sec.249-ssec.6) A later applicant to whom subsection (4) applies must lodge with the chief executive notice of the day the later applicant complied with the obligation under subsection (4) .\n(sec.249-ssec.7) An earlier applicant given a written request under subsection (4) may, within the response period, lodge the earlier applicant’s written views with the chief executive.\n(sec.249-ssec.8) The chief executive must not deal with the later application until— for a later application to which subsection (2) applies—the earlier applicant’s consent is lodged with the chief executive; or for a later application to which subsection (4) applies— the earlier applicant’s views are lodged with the chief executive; or the end of the response period; or for any other later application—the day the earlier application is finally decided.\n(sec.249-ssec.9) In this section— request period means a period of 10 business days starting on the day the later application is lodged. response period means a period of 20 business days starting on the day the earlier applicant is given a notice under subsection (4) .\n- (a) a person (the earlier applicant ) makes an application to the chief executive for an exploration permit, mineral development licence or mining lease over land; and\n- (b) someone else (the later applicant ) makes a later application to the chief executive for a mining lease for any land applied for in the earlier application.\n- (a) the same minerals as the earlier application; or\n- (b) a specific purpose mining lease.\n- (a) if the earlier application is decided by the grant of the permit, licence or lease applied for—20 business days after the permit, licence or lease is granted; or\n- (b) otherwise—the earlier application is decided.\n- (a) the earlier application is for a mining tenement mentioned in subsection (1) (a) ; and\n- (b) the lease applied for in the later application is— (i) over land applied for in the earlier application; and (ii) for different minerals to those covered by the earlier application.\n- (i) over land applied for in the earlier application; and\n- (ii) for different minerals to those covered by the earlier application.\n- (i) over land applied for in the earlier application; and\n- (ii) for different minerals to those covered by the earlier application.\n- (a) state that the earlier applicant may, within the response period, lodge written views on the later application with the chief executive; and\n- (b) include a copy of the later application, other than any part of the application detailing the later applicant’s financial and technical resources.\n- (a) for a later application to which subsection (2) applies—the earlier applicant’s consent is lodged with the chief executive; or\n- (b) for a later application to which subsection (4) applies— (i) the earlier applicant’s views are lodged with the chief executive; or (ii) the end of the response period; or\n- (i) the earlier applicant’s views are lodged with the chief executive; or\n- (ii) the end of the response period; or\n- (c) for any other later application—the day the earlier application is finally decided.\n- (i) the earlier applicant’s views are lodged with the chief executive; or\n- (ii) the end of the response period; or","sortOrder":297},{"sectionNumber":"sec.250","sectionType":"section","heading":"Rejection of application by chief executive","content":"### sec.250 Rejection of application by chief executive\n\nA person who lodges an application for the grant of a mining lease shall provide the chief executive with such information and particulars relating to the requirements set out in section 245 (1) on behalf of the applicant as the chief executive requires and on failure to provide that information the chief executive may reject the application.\nThe chief executive may reject an application for a mining lease for all or part of land that appears, on evidence available to the chief executive, to be in the area of a mining claim, mineral development licence (other than the licence held by the applicant) or mining lease, or an application for the grant of a mining claim, mineral development licence or mining lease.\nFor the purposes of subsection (2) where a mining claim, mineral development licence or mining lease is terminated or an application for a mining claim, mineral development licence or mining lease is abandoned or rejected, the relevant area or land shall be deemed to continue to be subject to the mining claim, mineral development licence or mining lease, or application until the day next following that termination, abandonment or rejection.\nA person whose application for the grant of a mining lease is rejected by the chief executive pursuant to subsection (1) or (2) may appeal against the rejection to the Land Court by lodging a written notice of appeal with the registrar of the Land Court within 20 business days of the rejection.\nThe Land Court shall hear and determine the appeal and its determination thereon shall be final.\nAt a hearing pursuant to this subsection the Land Court shall take such evidence, shall hear such persons and inform itself in such manner as it considers appropriate in order to determine the appeal and shall not be bound by any rule or practice as to evidence.\nIf the Land Court does not confirm the rejection by the chief executive the Land Court shall direct the chief executive to proceed with the application and the chief executive shall do all things necessary to implement that decision.\ns 250 amd 1995 No. 21 s 69 ; 1999 No. 7 s 87 sch 3 ; 2000 No. 64 s 131 ; 2005 No. 8 s 2 sch ; 2007 No. 39 s 41 sch ; 2012 No. 20 s 125 sch 1 , s 281 sch 2 ; 2013 No. 10 s 193 sch 1\n(sec.250-ssec.1) A person who lodges an application for the grant of a mining lease shall provide the chief executive with such information and particulars relating to the requirements set out in section 245 (1) on behalf of the applicant as the chief executive requires and on failure to provide that information the chief executive may reject the application.\n(sec.250-ssec.2) The chief executive may reject an application for a mining lease for all or part of land that appears, on evidence available to the chief executive, to be in the area of a mining claim, mineral development licence (other than the licence held by the applicant) or mining lease, or an application for the grant of a mining claim, mineral development licence or mining lease.\n(sec.250-ssec.3) For the purposes of subsection (2) where a mining claim, mineral development licence or mining lease is terminated or an application for a mining claim, mineral development licence or mining lease is abandoned or rejected, the relevant area or land shall be deemed to continue to be subject to the mining claim, mineral development licence or mining lease, or application until the day next following that termination, abandonment or rejection.\n(sec.250-ssec.4) A person whose application for the grant of a mining lease is rejected by the chief executive pursuant to subsection (1) or (2) may appeal against the rejection to the Land Court by lodging a written notice of appeal with the registrar of the Land Court within 20 business days of the rejection.\n(sec.250-ssec.5) The Land Court shall hear and determine the appeal and its determination thereon shall be final.\n(sec.250-ssec.6) At a hearing pursuant to this subsection the Land Court shall take such evidence, shall hear such persons and inform itself in such manner as it considers appropriate in order to determine the appeal and shall not be bound by any rule or practice as to evidence.\n(sec.250-ssec.7) If the Land Court does not confirm the rejection by the chief executive the Land Court shall direct the chief executive to proceed with the application and the chief executive shall do all things necessary to implement that decision.","sortOrder":298},{"sectionNumber":"sec.251","sectionType":"section","heading":"Priority of mining lease applications","content":"### sec.251 Priority of mining lease applications\n\nApplications made under this Act for the grant of mining leases for the same land must be considered and decided according to the day on which they are lodged.\nIf 2 or more applications are lodged on the same day—\nthey take the priority the Minister decides, after considering the relative merits of each application; and\nthe chief executive must give each applicant a written notice stating there is competition for priority between the applicant’s application and another application, or other applications, lodged on the same day as the day on which the applicant’s application was lodged.\ns 251 sub 2012 No. 20 s 193\namd 2013 No. 10 s 193 sch 1\n(sec.251-ssec.1) Applications made under this Act for the grant of mining leases for the same land must be considered and decided according to the day on which they are lodged.\n(sec.251-ssec.2) If 2 or more applications are lodged on the same day— they take the priority the Minister decides, after considering the relative merits of each application; and the chief executive must give each applicant a written notice stating there is competition for priority between the applicant’s application and another application, or other applications, lodged on the same day as the day on which the applicant’s application was lodged.\n- (a) they take the priority the Minister decides, after considering the relative merits of each application; and\n- (b) the chief executive must give each applicant a written notice stating there is competition for priority between the applicant’s application and another application, or other applications, lodged on the same day as the day on which the applicant’s application was lodged.","sortOrder":299},{"sectionNumber":"sec.252","sectionType":"section","heading":"Issue of mining lease notice","content":"### sec.252 Issue of mining lease notice\n\nThis section applies if the chief executive is satisfied the applicant for the grant of a mining lease—\nis eligible to apply for the mining lease; and\nhas complied with the requirements of this Act for the application; and\nis not disqualified under the Common Provisions Act , chapter 7 from being granted the mining lease.\nThe chief executive must give the applicant a written notice for the application (the mining lease notice ).\nThe mining lease notice must state the following—\nthe number of the proposed mining lease;\nthe date and time the application was lodged;\nany documents or other information, in addition to the documents mentioned in section 252A (1) (a) and (b) , the applicant must give to each affected person within the meaning of section 252A ;\nwhere the application and any additional documents given to the chief executive about the application may be inspected or accessed;\nthe last day (the last objection day ) for lodging objections to the application.\nThe last objection day must be at least 20 business days after the notice is given to the applicant.\ns 252 amd 1995 No. 21 ss 70 , 3 sch ; 1997 No. 14 s 16 ; 1999 No. 7 s 87 sch 3 ; 2000 No. 64 s 132 ; 2005 No. 8 s 2 sch ; 2013 No. 10 s 193 sch 1\nsub 2014 No. 47 s 436 (amd 2016 No. 30 s 89 )\namd 2020 No. 14 s 129\n(sec.252-ssec.1) This section applies if the chief executive is satisfied the applicant for the grant of a mining lease— is eligible to apply for the mining lease; and has complied with the requirements of this Act for the application; and is not disqualified under the Common Provisions Act , chapter 7 from being granted the mining lease.\n(sec.252-ssec.2) The chief executive must give the applicant a written notice for the application (the mining lease notice ).\n(sec.252-ssec.3) The mining lease notice must state the following— the number of the proposed mining lease; the date and time the application was lodged; any documents or other information, in addition to the documents mentioned in section 252A (1) (a) and (b) , the applicant must give to each affected person within the meaning of section 252A ; where the application and any additional documents given to the chief executive about the application may be inspected or accessed; the last day (the last objection day ) for lodging objections to the application.\n(sec.252-ssec.4) The last objection day must be at least 20 business days after the notice is given to the applicant.\n- (a) is eligible to apply for the mining lease; and\n- (b) has complied with the requirements of this Act for the application; and\n- (c) is not disqualified under the Common Provisions Act , chapter 7 from being granted the mining lease.\n- (a) the number of the proposed mining lease;\n- (b) the date and time the application was lodged;\n- (c) any documents or other information, in addition to the documents mentioned in section 252A (1) (a) and (b) , the applicant must give to each affected person within the meaning of section 252A ;\n- (d) where the application and any additional documents given to the chief executive about the application may be inspected or accessed;\n- (e) the last day (the last objection day ) for lodging objections to the application.","sortOrder":300},{"sectionNumber":"sec.252A","sectionType":"section","heading":"Giving and publication of mining lease notice and other information","content":"### sec.252A Giving and publication of mining lease notice and other information\n\nThe applicant for a proposed mining lease must give the following documents and information to each affected person—\na copy of the mining lease notice;\na copy of the application for the mining lease, other than any part of it—\nthat states the applicant’s financial and technical resources; or\nthe chief executive considers is commercial in confidence;\nthe documents and other information stated under section 252 (3) (c) in the mining lease notice.\nThe documents and other information mentioned in subsection (1) must be given within 5 business days after the mining lease notice is given to the applicant.\nThe applicant for a proposed mining lease must, in an approved newspaper circulating generally in the area of the subject land, publish—\na copy of the mining lease notice; or\nif a map or sketch plan is to be included in the publication—\na notice in the approved form about the mining lease notice; and\nthe map or sketch plan.\nThe publication must take place at least 15 business days before the last objection day.\nThe chief executive may decide an additional or substituted way, or a longer or shorter period, for the giving of the documents and other information mentioned in subsection (1) or the publication of the documents mentioned in subsection (3) .\nIf the chief executive makes a decision under subsection (5) —\nthe chief executive must give the applicant written notice of the decision no later than the giving of the mining lease notice to the applicant; and\nthe applicant must comply with the decision instead of subsections (2) to (4) .\nIn this section—\nadjoining land —\nmeans private land that adjoins—\nsubject land; or\na lot, within the meaning of the Land Act 1994 or the Land Title Act 1994 that contains any part of subject land; and\nincludes land that would adjoin land mentioned in paragraph (a) (i) or (ii) if it were not separated by a road, watercourse, railway, stock route, reserve or drainage or other easement; and\ndoes not include land only because it adjoins land necessary for—\naccess to subject land; or\ntransporting things to subject land.\naffected person means—\nan owner of the subject land; or\nan owner of land necessary for access to the subject land; or\nan owner of adjoining land; or\nthe relevant local government; or\nan entity that provides infrastructure wholly or partially on the subject land.\napproved newspaper means a newspaper approved by the chief executive.\ninfrastructure means infrastructure relating to the transportation, movement, transmission or flow of anything, including, for example, goods, material, substances, matter, particles with or without charge, light, energy, information and anything generated or produced.\nsubject land means land the subject of the proposed mining lease.\ns 252A ins 2000 No. 64 s 133\namd 1994 No. 62 s 616 (2) (amd 2000 No. 64 s 52 ); 2004 No. 48 s 156 ; 2005 No. 8 s 2 sch ; 2005 No. 53 s 128 ; 2012 No. 20 s 281 sch 2 , s 323 sch 3 ; 2012 No. 16 s 78 sch ; 2013 No. 10 s 193 sch 1\nsub 2014 No. 47 s 436 (amd 2014 No. 64 s 8E ; 2016 No. 30 s 89 )\n(sec.252A-ssec.1) The applicant for a proposed mining lease must give the following documents and information to each affected person— a copy of the mining lease notice; a copy of the application for the mining lease, other than any part of it— that states the applicant’s financial and technical resources; or the chief executive considers is commercial in confidence; the documents and other information stated under section 252 (3) (c) in the mining lease notice.\n(sec.252A-ssec.2) The documents and other information mentioned in subsection (1) must be given within 5 business days after the mining lease notice is given to the applicant.\n(sec.252A-ssec.3) The applicant for a proposed mining lease must, in an approved newspaper circulating generally in the area of the subject land, publish— a copy of the mining lease notice; or if a map or sketch plan is to be included in the publication— a notice in the approved form about the mining lease notice; and the map or sketch plan.\n(sec.252A-ssec.4) The publication must take place at least 15 business days before the last objection day.\n(sec.252A-ssec.5) The chief executive may decide an additional or substituted way, or a longer or shorter period, for the giving of the documents and other information mentioned in subsection (1) or the publication of the documents mentioned in subsection (3) .\n(sec.252A-ssec.6) If the chief executive makes a decision under subsection (5) — the chief executive must give the applicant written notice of the decision no later than the giving of the mining lease notice to the applicant; and the applicant must comply with the decision instead of subsections (2) to (4) .\n(sec.252A-ssec.7) In this section— adjoining land — means private land that adjoins— subject land; or a lot, within the meaning of the Land Act 1994 or the Land Title Act 1994 that contains any part of subject land; and includes land that would adjoin land mentioned in paragraph (a) (i) or (ii) if it were not separated by a road, watercourse, railway, stock route, reserve or drainage or other easement; and does not include land only because it adjoins land necessary for— access to subject land; or transporting things to subject land. affected person means— an owner of the subject land; or an owner of land necessary for access to the subject land; or an owner of adjoining land; or the relevant local government; or an entity that provides infrastructure wholly or partially on the subject land. approved newspaper means a newspaper approved by the chief executive. infrastructure means infrastructure relating to the transportation, movement, transmission or flow of anything, including, for example, goods, material, substances, matter, particles with or without charge, light, energy, information and anything generated or produced. subject land means land the subject of the proposed mining lease.\n- (a) a copy of the mining lease notice;\n- (b) a copy of the application for the mining lease, other than any part of it— (i) that states the applicant’s financial and technical resources; or (ii) the chief executive considers is commercial in confidence;\n- (i) that states the applicant’s financial and technical resources; or\n- (ii) the chief executive considers is commercial in confidence;\n- (c) the documents and other information stated under section 252 (3) (c) in the mining lease notice.\n- (i) that states the applicant’s financial and technical resources; or\n- (ii) the chief executive considers is commercial in confidence;\n- (a) a copy of the mining lease notice; or\n- (b) if a map or sketch plan is to be included in the publication— (i) a notice in the approved form about the mining lease notice; and (ii) the map or sketch plan.\n- (i) a notice in the approved form about the mining lease notice; and\n- (ii) the map or sketch plan.\n- (i) a notice in the approved form about the mining lease notice; and\n- (ii) the map or sketch plan.\n- (a) the chief executive must give the applicant written notice of the decision no later than the giving of the mining lease notice to the applicant; and\n- (b) the applicant must comply with the decision instead of subsections (2) to (4) .\n- (a) means private land that adjoins— (i) subject land; or (ii) a lot, within the meaning of the Land Act 1994 or the Land Title Act 1994 that contains any part of subject land; and\n- (i) subject land; or\n- (ii) a lot, within the meaning of the Land Act 1994 or the Land Title Act 1994 that contains any part of subject land; and\n- (b) includes land that would adjoin land mentioned in paragraph (a) (i) or (ii) if it were not separated by a road, watercourse, railway, stock route, reserve or drainage or other easement; and\n- (c) does not include land only because it adjoins land necessary for— (i) access to subject land; or (ii) transporting things to subject land.\n- (i) access to subject land; or\n- (ii) transporting things to subject land.\n- (i) subject land; or\n- (ii) a lot, within the meaning of the Land Act 1994 or the Land Title Act 1994 that contains any part of subject land; and\n- (i) access to subject land; or\n- (ii) transporting things to subject land.\n- (a) an owner of the subject land; or\n- (b) an owner of land necessary for access to the subject land; or\n- (c) an owner of adjoining land; or\n- (d) the relevant local government; or\n- (e) an entity that provides infrastructure wholly or partially on the subject land.","sortOrder":301},{"sectionNumber":"sec.252B","sectionType":"section","heading":"Declaration of compliance with obligations","content":"### sec.252B Declaration of compliance with obligations\n\nThe applicant for a proposed mining lease must give the chief executive a statutory declaration that the applicant has complied with section 252A .\nThe declaration must be given within the later of the following periods to end—\n5 business days after the last objection day for the application for the mining lease;\nif the chief executive at any time decides a longer period—the longer period.\nIf the chief executive considers the declaration given under subsection (2) may not identify each person to whom a document, information or notice must be given under section 252A , the chief executive may require the applicant to give the chief executive another declaration under subsection (1) within the period decided by the chief executive.\nUntil a declaration mentioned in subsection (2) or (3) is given—\nthe Land Court must not make a final recommendation to the Minister about the application for the mining lease, other than a recommendation to reject the application; and\nthe Land Court may refuse to hear any matter about the application.\ns 252B ins 2000 No. 64 s 133\namd 2005 No. 8 s 2 sch ; 2013 No. 10 s 193 sch 1\nsub 2014 No. 47 s 436 (amd 2016 No. 30 s 89 )\n(sec.252B-ssec.1) The applicant for a proposed mining lease must give the chief executive a statutory declaration that the applicant has complied with section 252A .\n(sec.252B-ssec.2) The declaration must be given within the later of the following periods to end— 5 business days after the last objection day for the application for the mining lease; if the chief executive at any time decides a longer period—the longer period.\n(sec.252B-ssec.3) If the chief executive considers the declaration given under subsection (2) may not identify each person to whom a document, information or notice must be given under section 252A , the chief executive may require the applicant to give the chief executive another declaration under subsection (1) within the period decided by the chief executive.\n(sec.252B-ssec.4) Until a declaration mentioned in subsection (2) or (3) is given— the Land Court must not make a final recommendation to the Minister about the application for the mining lease, other than a recommendation to reject the application; and the Land Court may refuse to hear any matter about the application.\n- (a) 5 business days after the last objection day for the application for the mining lease;\n- (b) if the chief executive at any time decides a longer period—the longer period.\n- (a) the Land Court must not make a final recommendation to the Minister about the application for the mining lease, other than a recommendation to reject the application; and\n- (b) the Land Court may refuse to hear any matter about the application.","sortOrder":302},{"sectionNumber":"sec.252C","sectionType":"section","heading":"Continuing obligation to notify","content":"### sec.252C Continuing obligation to notify\n\nThis section applies for an application for a mining lease if, after the day the mining lease notice has been given to the applicant but before the hearing day for the application, the applicant gives the chief executive an additional document about the application.\nThe applicant must give a copy of the document to each affected person within the meaning of section 252A .\ns 252C ins 2000 No. 64 s 133\namd 2005 No. 8 s 2 sch ; 2007 No. 39 s 41 sch ; 2013 No. 10 s 193 sch 1\nsub 2014 No. 47 s 436 (amd 2016 No. 30 s 89 )\n(sec.252C-ssec.1) This section applies for an application for a mining lease if, after the day the mining lease notice has been given to the applicant but before the hearing day for the application, the applicant gives the chief executive an additional document about the application.\n(sec.252C-ssec.2) The applicant must give a copy of the document to each affected person within the meaning of section 252A .","sortOrder":303},{"sectionNumber":"sec.252D","sectionType":"section","heading":null,"content":"### Section sec.252D\n\ns 252D ins 2000 No. 64 s 133\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 436","sortOrder":304},{"sectionNumber":"sec.253","sectionType":"section","heading":"Reissue of mining lease notice","content":"### sec.253 Reissue of mining lease notice\n\nThe chief executive may reissue a mining lease notice if the chief executive is satisfied it should be reissued—\nbecause of an error in its preparation; or\nbecause compliance with the notice is impracticable.\nIf the chief executive reissues a mining lease notice, the chief executive may extend the last date for objections to take account of the time between the issue of the original notice and its reissue.\ns 253 ins 1995 No. 21 s 71\namd 2000 No. 64 s 134 ; 2013 No. 10 s 193 sch 1 ; 2014 No. 47 s 437\n(sec.253-ssec.1) The chief executive may reissue a mining lease notice if the chief executive is satisfied it should be reissued— because of an error in its preparation; or because compliance with the notice is impracticable.\n(sec.253-ssec.2) If the chief executive reissues a mining lease notice, the chief executive may extend the last date for objections to take account of the time between the issue of the original notice and its reissue.\n- (a) because of an error in its preparation; or\n- (b) because compliance with the notice is impracticable.","sortOrder":305},{"sectionNumber":"sec.254","sectionType":"section","heading":null,"content":"### Section sec.254\n\ns 254 sub 1995 No. 21 s 72\namd 1997 No. 14 s 17 ; 2000 No. 64 s 174 sch ; 2005 No. 8 s 2 sch\nom 2010 No. 31 s 460","sortOrder":306},{"sectionNumber":"sec.255","sectionType":"section","heading":null,"content":"### Section sec.255\n\ns 255 ins 1995 No. 21 s 72\nom 2010 No. 31 s 460","sortOrder":307},{"sectionNumber":"sec.256","sectionType":"section","heading":null,"content":"### Section sec.256\n\ns 256 ins 1995 No. 21 s 72\nom 2010 No. 31 s 460","sortOrder":308},{"sectionNumber":"sec.257","sectionType":"section","heading":null,"content":"### Section sec.257\n\ns 257 ins 1995 No. 21 s 72\nom 2010 No. 31 s 460","sortOrder":309},{"sectionNumber":"sec.258","sectionType":"section","heading":null,"content":"### Section sec.258\n\ns 258 ins 1995 No. 21 s 72\nom 2010 No. 31 s 460","sortOrder":310},{"sectionNumber":"sec.259","sectionType":"section","heading":null,"content":"### Section sec.259\n\ns 259 ins 1995 No. 21 s 72\namd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch\nom 2010 No. 31 s 460","sortOrder":311},{"sectionNumber":"sec.260","sectionType":"section","heading":"Objection to application for grant of mining lease","content":"### sec.260 Objection to application for grant of mining lease\n\nAn entity may, on or before the last objection day for the application, lodge with the chief executive an objection in writing in the approved form.\nAn owner of land who attends a conference with the applicant for the grant of a mining lease may lodge an objection on or before the expiration of 5 business days after the conclusion of that conference or if the applicant for the grant of the mining lease fails to attend the conference after the day upon which the conference was convened, notwithstanding that the period for objection prescribed by subsection (1) has expired.\nAn objection referred to in subsection (1) or (2) shall state the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds.\nEach objector to an application for the grant of a mining lease shall serve upon the applicant on or before the last date that the objector may lodge an objection to that application a copy of the objection lodged by the objector.\ns 260 amd 1990 No. 30 s 28 ; 1993 No. 50 s 86 sch 3 ; 1995 No. 21 ss 73 , 3 sch ; 2000 No. 64 s 135 ; 2005 No. 8 s 2 sch ; 2013 No. 10 s 193 sch 1\n(sec.260-ssec.1) An entity may, on or before the last objection day for the application, lodge with the chief executive an objection in writing in the approved form.\n(sec.260-ssec.2) An owner of land who attends a conference with the applicant for the grant of a mining lease may lodge an objection on or before the expiration of 5 business days after the conclusion of that conference or if the applicant for the grant of the mining lease fails to attend the conference after the day upon which the conference was convened, notwithstanding that the period for objection prescribed by subsection (1) has expired.\n(sec.260-ssec.3) An objection referred to in subsection (1) or (2) shall state the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds.\n(sec.260-ssec.4) Each objector to an application for the grant of a mining lease shall serve upon the applicant on or before the last date that the objector may lodge an objection to that application a copy of the objection lodged by the objector.","sortOrder":312},{"sectionNumber":"sec.261","sectionType":"section","heading":"Objection may be withdrawn","content":"### sec.261 Objection may be withdrawn\n\nAn objection to an application for a mining lease may be withdrawn by the objector giving written notice of the withdrawal to—\nthe chief executive; and\nif the objection has been referred to the Land Court under section 265 —\nthe Land Court; and\nthe applicant.\nA withdrawal of an objection can not be revoked.\ns 261 prev s 261 sub 1990 No. 30 s 29 ; 1995 No. 21 s 74\nom 2000 No. 64 s 136\npres s 261 ins 2012 No. 20 s 194\namd 2013 No. 10 s 193 sch 1\n(sec.261-ssec.1) An objection to an application for a mining lease may be withdrawn by the objector giving written notice of the withdrawal to— the chief executive; and if the objection has been referred to the Land Court under section 265 — the Land Court; and the applicant.\n(sec.261-ssec.2) A withdrawal of an objection can not be revoked.\n- (a) the chief executive; and\n- (b) if the objection has been referred to the Land Court under section 265 — (i) the Land Court; and (ii) the applicant.\n- (i) the Land Court; and\n- (ii) the applicant.\n- (i) the Land Court; and\n- (ii) the applicant.","sortOrder":313},{"sectionNumber":"sec.262","sectionType":"section","heading":null,"content":"### Section sec.262\n\ns 262 ins 1995 No. 21 s 74\nom 2000 No. 64 s 136","sortOrder":314},{"sectionNumber":"sec.263","sectionType":"section","heading":null,"content":"### Section sec.263\n\ns 263 ins 1995 No. 21 s 74\nom 2000 No. 64 s 136","sortOrder":315},{"sectionNumber":"sec.264","sectionType":"section","heading":null,"content":"### Section sec.264\n\ns 264 ins 1995 No. 21 s 74\namd 1999 No. 7 s 87 sch 3\nom 2000 No. 64 s 136","sortOrder":316},{"sectionNumber":"sec.265","sectionType":"section","heading":"Referral of application and objections to Land Court","content":"### sec.265 Referral of application and objections to Land Court\n\nSubsections (2) and (3) apply if—\na properly made objection is made for an application for a mining lease; and\nthe application for the mining lease relates to an application under the Environmental Protection Act , section 125 for an environmental authority for a mining activity relating to a mining lease; and\neither—\nan objection notice relating to the application for the environmental authority is given under the Environmental Protection Act , section 182 (2) to the EPA administering authority; or\nthe applicant for the environmental authority has requested, under the Environmental Protection Act , section 183 (1) , that the application for the environmental authority be referred to the Land Court.\nThe chief executive must refer the following to the Land Court for hearing—\nthe application for the mining lease;\nall properly made objections for the application for the mining lease;\nall objection notices, relating to the application for the environmental authority, given under the Environmental Protection Act , section 182 (2) ;\nif the applicant for the environmental authority has requested the EPA administering authority to refer the application to the Land Court under the Environmental Protection Act , section 183 —a copy of the request.\nThe chief executive must make the referral within 10 business days after the latest of the following—\nthe last objection day for the application for the mining lease;\nif an owner of land may lodge an objection under section 260 (2) —the last day of the period for lodging an objection under that subsection;\nthe last day on which the application for the environmental authority may be referred to the Land Court under the Environmental Protection Act , section 185 (2) .\nSubsections (5) and (6) apply if—\na properly made objection is made for an application for a mining lease; and\nthe application for the mining lease does not relate to an application under the Environmental Protection Act , section 125 for an environmental authority for a mining activity relating to a mining lease.\nThe chief executive must refer the application for the mining lease, and all properly made objections for the application, to the Land Court for hearing.\nThe chief executive must make the referral within 10 business days after the later of the following—\nthe last objection day for the application for the mining lease;\nif an owner of land may lodge an objection under section 260 (2) —the last day of the period for lodging an objection under that subsection.\nIf the Land Court receives a referral under subsection (2) or (5) , the Land Court must fix a date for the hearing and immediately give written notice of the date to each of the following—\nthe chief executive;\nthe applicant for the mining lease;\na person who has lodged a properly made objection for the application for the mining lease;\na person who has given to the EPA administering authority, under the Environmental Protection Act , section 182 (2) , an objection notice relating to the application for the environmental authority.\nThe hearing date must be at least 20 business days after the last objection day for the application for the mining lease.\nThe Land Court may make an order or direction that a hearing under section 268 for an application for the grant of a mining lease and any objections to the grant happen at the same time as an objections decision hearing under the Environmental Protection Act , section 188 relating to the application for the mining lease.\nIf all properly made objections referred to the Land Court under subsection (2) or (5) are withdrawn under section 261 or struck out under section 267A before the Land Court forwards its recommendation to the Minister under section 269 , the Land Court may remit the matter to the chief executive.\nIn this section—\nproperly made objection means an objection lodged under section 260 that has not been withdrawn.\ns 265 amd 1999 No. 7 s 87 sch 3 ; 2000 No. 64 s 137\nsub 2005 No. 8 s 27\namd 2007 No. 39 s 41 sch ; 2010 No. 17 s 50 ; 2012 No. 20 ss 195 , 125 sch 1 ; 2012 No. 16 s 78 sch (amd 2013 No. 10 s 21 (4) ); 2013 No. 10 s 193 sch 1\nsub 2014 No. 47 s 439 (amd 2016 No. 30 s 91 )\namd 2018 No. 24 s 111\n(sec.265-ssec.1) Subsections (2) and (3) apply if— a properly made objection is made for an application for a mining lease; and the application for the mining lease relates to an application under the Environmental Protection Act , section 125 for an environmental authority for a mining activity relating to a mining lease; and either— an objection notice relating to the application for the environmental authority is given under the Environmental Protection Act , section 182 (2) to the EPA administering authority; or the applicant for the environmental authority has requested, under the Environmental Protection Act , section 183 (1) , that the application for the environmental authority be referred to the Land Court.\n(sec.265-ssec.2) The chief executive must refer the following to the Land Court for hearing— the application for the mining lease; all properly made objections for the application for the mining lease; all objection notices, relating to the application for the environmental authority, given under the Environmental Protection Act , section 182 (2) ; if the applicant for the environmental authority has requested the EPA administering authority to refer the application to the Land Court under the Environmental Protection Act , section 183 —a copy of the request.\n(sec.265-ssec.3) The chief executive must make the referral within 10 business days after the latest of the following— the last objection day for the application for the mining lease; if an owner of land may lodge an objection under section 260 (2) —the last day of the period for lodging an objection under that subsection; the last day on which the application for the environmental authority may be referred to the Land Court under the Environmental Protection Act , section 185 (2) .\n(sec.265-ssec.4) Subsections (5) and (6) apply if— a properly made objection is made for an application for a mining lease; and the application for the mining lease does not relate to an application under the Environmental Protection Act , section 125 for an environmental authority for a mining activity relating to a mining lease.\n(sec.265-ssec.5) The chief executive must refer the application for the mining lease, and all properly made objections for the application, to the Land Court for hearing.\n(sec.265-ssec.6) The chief executive must make the referral within 10 business days after the later of the following— the last objection day for the application for the mining lease; if an owner of land may lodge an objection under section 260 (2) —the last day of the period for lodging an objection under that subsection.\n(sec.265-ssec.7) If the Land Court receives a referral under subsection (2) or (5) , the Land Court must fix a date for the hearing and immediately give written notice of the date to each of the following— the chief executive; the applicant for the mining lease; a person who has lodged a properly made objection for the application for the mining lease; a person who has given to the EPA administering authority, under the Environmental Protection Act , section 182 (2) , an objection notice relating to the application for the environmental authority.\n(sec.265-ssec.8) The hearing date must be at least 20 business days after the last objection day for the application for the mining lease.\n(sec.265-ssec.9) The Land Court may make an order or direction that a hearing under section 268 for an application for the grant of a mining lease and any objections to the grant happen at the same time as an objections decision hearing under the Environmental Protection Act , section 188 relating to the application for the mining lease.\n(sec.265-ssec.10) If all properly made objections referred to the Land Court under subsection (2) or (5) are withdrawn under section 261 or struck out under section 267A before the Land Court forwards its recommendation to the Minister under section 269 , the Land Court may remit the matter to the chief executive.\n(sec.265-ssec.11) In this section— properly made objection means an objection lodged under section 260 that has not been withdrawn.\n- (a) a properly made objection is made for an application for a mining lease; and\n- (b) the application for the mining lease relates to an application under the Environmental Protection Act , section 125 for an environmental authority for a mining activity relating to a mining lease; and\n- (c) either— (i) an objection notice relating to the application for the environmental authority is given under the Environmental Protection Act , section 182 (2) to the EPA administering authority; or (ii) the applicant for the environmental authority has requested, under the Environmental Protection Act , section 183 (1) , that the application for the environmental authority be referred to the Land Court.\n- (i) an objection notice relating to the application for the environmental authority is given under the Environmental Protection Act , section 182 (2) to the EPA administering authority; or\n- (ii) the applicant for the environmental authority has requested, under the Environmental Protection Act , section 183 (1) , that the application for the environmental authority be referred to the Land Court.\n- (i) an objection notice relating to the application for the environmental authority is given under the Environmental Protection Act , section 182 (2) to the EPA administering authority; or\n- (ii) the applicant for the environmental authority has requested, under the Environmental Protection Act , section 183 (1) , that the application for the environmental authority be referred to the Land Court.\n- (a) the application for the mining lease;\n- (b) all properly made objections for the application for the mining lease;\n- (c) all objection notices, relating to the application for the environmental authority, given under the Environmental Protection Act , section 182 (2) ;\n- (d) if the applicant for the environmental authority has requested the EPA administering authority to refer the application to the Land Court under the Environmental Protection Act , section 183 —a copy of the request.\n- (a) the last objection day for the application for the mining lease;\n- (b) if an owner of land may lodge an objection under section 260 (2) —the last day of the period for lodging an objection under that subsection;\n- (c) the last day on which the application for the environmental authority may be referred to the Land Court under the Environmental Protection Act , section 185 (2) .\n- (a) a properly made objection is made for an application for a mining lease; and\n- (b) the application for the mining lease does not relate to an application under the Environmental Protection Act , section 125 for an environmental authority for a mining activity relating to a mining lease.\n- (a) the last objection day for the application for the mining lease;\n- (b) if an owner of land may lodge an objection under section 260 (2) —the last day of the period for lodging an objection under that subsection.\n- (a) the chief executive;\n- (b) the applicant for the mining lease;\n- (c) a person who has lodged a properly made objection for the application for the mining lease;\n- (d) a person who has given to the EPA administering authority, under the Environmental Protection Act , section 182 (2) , an objection notice relating to the application for the environmental authority.","sortOrder":317},{"sectionNumber":"sec.266","sectionType":"section","heading":"Chief executive may recommend rejection of application for noncompliance","content":"### sec.266 Chief executive may recommend rejection of application for noncompliance\n\nIf, at any time after a mining lease notice is given for a mining lease, the chief executive is of the opinion that an applicant for the grant of the mining lease has not complied with any requirement placed upon the applicant by or under this Act in respect of the application, the chief executive may recommend to the Minister that the application be rejected.\ns 266 amd 2000 No. 64 s 174 sch ; 2013 No. 10 s 193 sch 1 ; 2014 No. 47 s 440","sortOrder":318},{"sectionNumber":"sec.267","sectionType":"section","heading":"Minister may reject application at any time","content":"### sec.267 Minister may reject application at any time\n\nThe Minister, whether or not the chief executive has so recommended, may at any time reject an application for the grant of a mining lease notwithstanding that the application has not been the subject of a hearing by the Land Court if—\nthe Minister is satisfied that the applicant has not complied with any requirement placed upon the applicant by or under this Act in respect of the application; or\nthe Minister considers that it is not in the public interest for the mining lease to be granted.\ns 267 amd 1999 No. 7 s 87 sch 3 ; 2000 No. 64 s 138 ; 2007 No. 39 s 41 sch ; 2012 No. 20 s 281 sch 2 ; 2013 No. 10 s 193 sch 1\n- (a) the Minister is satisfied that the applicant has not complied with any requirement placed upon the applicant by or under this Act in respect of the application; or\n- (b) the Minister considers that it is not in the public interest for the mining lease to be granted.","sortOrder":319},{"sectionNumber":"sec.267A","sectionType":"section","heading":"Striking out objections","content":"### sec.267A Striking out objections\n\nThis section applies to the extent an objection lodged under section 260 is—\noutside the jurisdiction of the Land Court; or\nfrivolous or vexatious; or\notherwise an abuse of the process of the Land Court.\nDespite sections 265 and 268 , the Land Court may, at any stage of the hearing, strike out all or part of the objection.\ns 267A ins 2014 No. 47 s 441\n(sec.267A-ssec.1) This section applies to the extent an objection lodged under section 260 is— outside the jurisdiction of the Land Court; or frivolous or vexatious; or otherwise an abuse of the process of the Land Court.\n(sec.267A-ssec.2) Despite sections 265 and 268 , the Land Court may, at any stage of the hearing, strike out all or part of the objection.\n- (a) outside the jurisdiction of the Land Court; or\n- (b) frivolous or vexatious; or\n- (c) otherwise an abuse of the process of the Land Court.","sortOrder":320},{"sectionNumber":"sec.268","sectionType":"section","heading":"Hearing of application for grant of mining lease","content":"### sec.268 Hearing of application for grant of mining lease\n\nOn the date fixed for the hearing of the application for the grant of the mining lease and objections thereto, the Land Court shall hear the application and objections thereto and all other matters that pursuant to this part are to be heard, considered or determined by the Land Court in respect of that application at the one hearing of the Land Court.\nAt a hearing pursuant to subsection (1) the Land Court shall take such evidence, shall hear such persons and inform itself in such manner as it considers appropriate in order to determine the relative merits of the application, objections and other matters and shall not be bound by any rule or practice as to evidence.\nThe Land Court shall not entertain an objection to an application or any ground thereof or any evidence in relation to any ground if the objection or ground is not contained in an objection that has been duly lodged in respect of the application.\nThe Land Court may direct an inspection or view of the land the subject of the application.\nNothing in subsection (1) shall prevent the adjournment from time to time of a hearing.\nNothing in subsection (1) shall prevent the question of compensation being determined by the Land Court pursuant to section 279 .\nThe Minister may require at any time the Land Court to advise the reasons why a hearing under this section has not been finalised.\nIn this section—\napplication includes any additional document about the application given by the applicant to the chief executive.\ns 268 amd 1990 No. 30 s 30 ; 1999 No. 7 s 87 sch 3 ; 2000 No. 64 ss 139 , 174 sch ; 2007 No. 39 s 41 sch ; 2010 No. 17 s 48 sch ; 2013 No. 10 s 193 sch 1 ; 2020 No. 15 s 153\n(sec.268-ssec.1) On the date fixed for the hearing of the application for the grant of the mining lease and objections thereto, the Land Court shall hear the application and objections thereto and all other matters that pursuant to this part are to be heard, considered or determined by the Land Court in respect of that application at the one hearing of the Land Court.\n(sec.268-ssec.2) At a hearing pursuant to subsection (1) the Land Court shall take such evidence, shall hear such persons and inform itself in such manner as it considers appropriate in order to determine the relative merits of the application, objections and other matters and shall not be bound by any rule or practice as to evidence.\n(sec.268-ssec.3) The Land Court shall not entertain an objection to an application or any ground thereof or any evidence in relation to any ground if the objection or ground is not contained in an objection that has been duly lodged in respect of the application.\n(sec.268-ssec.4) The Land Court may direct an inspection or view of the land the subject of the application.\n(sec.268-ssec.5) Nothing in subsection (1) shall prevent the adjournment from time to time of a hearing.\n(sec.268-ssec.6) Nothing in subsection (1) shall prevent the question of compensation being determined by the Land Court pursuant to section 279 .\n(sec.268-ssec.7) The Minister may require at any time the Land Court to advise the reasons why a hearing under this section has not been finalised.\n(sec.268-ssec.8) In this section— application includes any additional document about the application given by the applicant to the chief executive.","sortOrder":321},{"sectionNumber":"sec.269","sectionType":"section","heading":"Land Court’s recommendation on hearing","content":"### sec.269 Land Court’s recommendation on hearing\n\nUpon the hearing by the Land Court under this part of all matters in respect of an application for the grant of a mining lease, the Land Court shall forward to the Minister—\nany objections lodged in relation thereto; and\nthe Land Court’s recommendation.\nFor other relevant provisions about forwarding documents, see section 386O .\nFor subsection (1) (b) , the Land Court’s recommendation must consist of—\na recommendation to the Minister that the application be granted or rejected in whole or in part; and\nif the application relates to land that is the surface of a reserve and the owner of the reserve has not consented to the grant of a mining lease over the surface area, the following—\na recommendation to the Minister as to whether the Governor in Council should consent to the grant over the surface area;\nany conditions to which the mining lease should be subject.\nA recommendation may include a recommendation that the mining lease be granted subject to such conditions as the Land Court considers appropriate, including a condition that mining shall not be carried on above a specified depth below specified surface area of the land.\nThe Land Court, when making a recommendation to the Minister that an application for a mining lease be granted in whole or in part, shall take into account and consider whether—\nthe provisions of this Act have been complied with; and\nthe area of land applied for is mineralised or the other purposes for which the lease is sought are appropriate; and\nif the land applied for is mineralised, there will be an acceptable level of development and utilisation of the mineral resources within the area applied for; and\nthe land and the surface area of the land in respect of which the mining lease is sought is of an appropriate size and shape in relation to—\nthe matters mentioned in paragraphs (b) and (c) ; and\nthe type and location of the activities proposed to be carried out under the lease and their likely impact on the surface of the land; and\nthe term sought is appropriate; and\nthe applicant has the necessary financial and technical capabilities to carry on mining operations under the proposed mining lease; and\nthe past performance of the applicant has been satisfactory; and\nany disadvantage may result to the rights of—\nholders of existing exploration permits or mineral development licences; or\nexisting applicants for exploration permits or mineral development licences; and\nthe operations to be carried on under the authority of the proposed mining lease will conform with sound land use management; and\nthere will be any adverse environmental impact caused by those operations and, if so, the extent thereof; and\nthe public right and interest will be prejudiced; and\nany good reason has been shown for a refusal to grant the mining lease; and\ntaking into consideration the current and prospective uses of that land, the proposed mining operation is an appropriate land use.\nWhere the Land Court recommends to the Minister that an application for the grant of a mining lease be rejected in whole or in part the Land Court shall furnish the Minister with the Land Court’s reasons for that recommendation.\nIf—\nthe application is for the grant of a coal mining lease; and\nunder section 318BA , a preference decision is required;\nthe Land Court can not recommend that the lease not be granted so as to give preference to petroleum development.\ns 269 amd 1990 No. 30 s 31 ; 1995 No. 21 s 75 ; 1999 No. 7 s 87 sch 3 ; 2004 No. 25 s 1016 ; 2005 No. 8 s 28 ; 2007 No. 39 s 41 sch ; 2009 No. 16 s 56 ; 2012 No. 20 s 196 ; 2014 No. 47 s 442 (amd 2016 No. 30 s 92 )\n(sec.269-ssec.1) Upon the hearing by the Land Court under this part of all matters in respect of an application for the grant of a mining lease, the Land Court shall forward to the Minister— any objections lodged in relation thereto; and the Land Court’s recommendation. For other relevant provisions about forwarding documents, see section 386O .\n(sec.269-ssec.2) For subsection (1) (b) , the Land Court’s recommendation must consist of— a recommendation to the Minister that the application be granted or rejected in whole or in part; and if the application relates to land that is the surface of a reserve and the owner of the reserve has not consented to the grant of a mining lease over the surface area, the following— a recommendation to the Minister as to whether the Governor in Council should consent to the grant over the surface area; any conditions to which the mining lease should be subject.\n(sec.269-ssec.3) A recommendation may include a recommendation that the mining lease be granted subject to such conditions as the Land Court considers appropriate, including a condition that mining shall not be carried on above a specified depth below specified surface area of the land.\n(sec.269-ssec.4) The Land Court, when making a recommendation to the Minister that an application for a mining lease be granted in whole or in part, shall take into account and consider whether— the provisions of this Act have been complied with; and the area of land applied for is mineralised or the other purposes for which the lease is sought are appropriate; and if the land applied for is mineralised, there will be an acceptable level of development and utilisation of the mineral resources within the area applied for; and the land and the surface area of the land in respect of which the mining lease is sought is of an appropriate size and shape in relation to— the matters mentioned in paragraphs (b) and (c) ; and the type and location of the activities proposed to be carried out under the lease and their likely impact on the surface of the land; and the term sought is appropriate; and the applicant has the necessary financial and technical capabilities to carry on mining operations under the proposed mining lease; and the past performance of the applicant has been satisfactory; and any disadvantage may result to the rights of— holders of existing exploration permits or mineral development licences; or existing applicants for exploration permits or mineral development licences; and the operations to be carried on under the authority of the proposed mining lease will conform with sound land use management; and there will be any adverse environmental impact caused by those operations and, if so, the extent thereof; and the public right and interest will be prejudiced; and any good reason has been shown for a refusal to grant the mining lease; and taking into consideration the current and prospective uses of that land, the proposed mining operation is an appropriate land use.\n(sec.269-ssec.5) Where the Land Court recommends to the Minister that an application for the grant of a mining lease be rejected in whole or in part the Land Court shall furnish the Minister with the Land Court’s reasons for that recommendation.\n(sec.269-ssec.6) If— the application is for the grant of a coal mining lease; and under section 318BA , a preference decision is required; the Land Court can not recommend that the lease not be granted so as to give preference to petroleum development.\n- (a) any objections lodged in relation thereto; and\n- (b) the Land Court’s recommendation.\n- (a) a recommendation to the Minister that the application be granted or rejected in whole or in part; and\n- (b) if the application relates to land that is the surface of a reserve and the owner of the reserve has not consented to the grant of a mining lease over the surface area, the following— (i) a recommendation to the Minister as to whether the Governor in Council should consent to the grant over the surface area; (ii) any conditions to which the mining lease should be subject.\n- (i) a recommendation to the Minister as to whether the Governor in Council should consent to the grant over the surface area;\n- (ii) any conditions to which the mining lease should be subject.\n- (i) a recommendation to the Minister as to whether the Governor in Council should consent to the grant over the surface area;\n- (ii) any conditions to which the mining lease should be subject.\n- (a) the provisions of this Act have been complied with; and\n- (b) the area of land applied for is mineralised or the other purposes for which the lease is sought are appropriate; and\n- (c) if the land applied for is mineralised, there will be an acceptable level of development and utilisation of the mineral resources within the area applied for; and\n- (d) the land and the surface area of the land in respect of which the mining lease is sought is of an appropriate size and shape in relation to— (i) the matters mentioned in paragraphs (b) and (c) ; and (ii) the type and location of the activities proposed to be carried out under the lease and their likely impact on the surface of the land; and\n- (i) the matters mentioned in paragraphs (b) and (c) ; and\n- (ii) the type and location of the activities proposed to be carried out under the lease and their likely impact on the surface of the land; and\n- (e) the term sought is appropriate; and\n- (f) the applicant has the necessary financial and technical capabilities to carry on mining operations under the proposed mining lease; and\n- (g) the past performance of the applicant has been satisfactory; and\n- (h) any disadvantage may result to the rights of— (i) holders of existing exploration permits or mineral development licences; or (ii) existing applicants for exploration permits or mineral development licences; and\n- (i) holders of existing exploration permits or mineral development licences; or\n- (ii) existing applicants for exploration permits or mineral development licences; and\n- (i) the operations to be carried on under the authority of the proposed mining lease will conform with sound land use management; and\n- (j) there will be any adverse environmental impact caused by those operations and, if so, the extent thereof; and\n- (k) the public right and interest will be prejudiced; and\n- (l) any good reason has been shown for a refusal to grant the mining lease; and\n- (m) taking into consideration the current and prospective uses of that land, the proposed mining operation is an appropriate land use.\n- (i) the matters mentioned in paragraphs (b) and (c) ; and\n- (ii) the type and location of the activities proposed to be carried out under the lease and their likely impact on the surface of the land; and\n- (i) holders of existing exploration permits or mineral development licences; or\n- (ii) existing applicants for exploration permits or mineral development licences; and\n- (a) the application is for the grant of a coal mining lease; and\n- (b) under section 318BA , a preference decision is required;","sortOrder":322},{"sectionNumber":"sec.270","sectionType":"section","heading":null,"content":"### Section sec.270\n\ns 270 amd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch\nom 2010 No. 17 s 51","sortOrder":323},{"sectionNumber":"sec.270A","sectionType":"section","heading":null,"content":"### Section sec.270A\n\ns 270A ins 1997 No. 14 s 18\nom 2000 No. 64 s 140","sortOrder":324},{"sectionNumber":"sec.271","sectionType":"section","heading":"Criteria for deciding mining lease application","content":"### sec.271 Criteria for deciding mining lease application\n\nIn considering an application for the grant of a mining lease, the Minister must consider—\nany Land Court recommendation for the application; and\nthe matters mentioned in section 269 (4) .\ns 271 amd 1999 No. 7 s 87 sch 3 ; 1998 No. 38 s 9 (amd 1999 No. 35 s 55 ); 1999 No. 35 s 41 ; 2000 No. 36 s 18 sch 1 ; 2000 No. 64 s 141 ; 2004 No. 25 s 1017 ; 2007 No. 39 s 41 sch\nsub 2010 No. 17 s 52\namd 2012 No. 20 s 60\nsub 2012 No. 20 s 197\namd 2012 No. 20 s 323 sch 3 ; 2014 No. 47 s 473 (amd 2016 No. 30 s 106 )\n- (a) any Land Court recommendation for the application; and\n- (b) the matters mentioned in section 269 (4) .","sortOrder":325},{"sectionNumber":"sec.271A","sectionType":"section","heading":"Deciding mining lease application","content":"### sec.271A Deciding mining lease application\n\nThe Minister may, after considering the criteria under section 271 for a mining lease application, decide to—\ngrant the applicant a mining lease for the whole or part of the land in the proposed lease area; or\nreject the application; or\nrefer the matter to the Land Court to conduct a hearing or further hearing on the application generally or on specific matters raised by the Minister.\nHowever, a mining lease may only be granted for land that is the surface of a reserve if—\nthe owner of the land has given written consent to the grant over the surface area and the applicant has lodged the consent with the chief executive; or\nthe Governor in Council has consented to the grant over the surface area.\nIf the application relates to acquired land, see also section 10AAC .\nAlso, a mining lease may only be granted for land below the surface of the whole or part of a reserve that is rail corridor land if—\nthe owner of the land has given written consent to the grant for the land below the surface and the applicant has lodged the consent with the chief executive; or\nthe Governor in Council has consented to the grant for the land below the surface.\nFurther, if the application is 1 of the following, it may only be granted if the applicant’s proposed development plan for the proposed mining lease is approved—\nan application for a mining lease for a prescribed mineral that, under section 246 , is required to include a proposed development plan for the proposed mining lease;\nan application for a coal mining lease;\nan application for an oil shale mining lease.\nSee part 1A , division 3 , and chapter 8 , part 9 , division 3 , for provisions about the approval of proposed development plans for proposed mining leases.\nIf a mining lease is granted for only part of the land, the application is taken to have been rejected for the rest of the land.\ns 271A ins 2012 No. 20 s 197\namd 2013 No. 10 s 193 sch 1 ; 2014 No. 43 s 10 ; 2014 No. 47 s 444 ; 2020 No. 14 s 130\n(sec.271A-ssec.1) The Minister may, after considering the criteria under section 271 for a mining lease application, decide to— grant the applicant a mining lease for the whole or part of the land in the proposed lease area; or reject the application; or refer the matter to the Land Court to conduct a hearing or further hearing on the application generally or on specific matters raised by the Minister.\n(sec.271A-ssec.2) However, a mining lease may only be granted for land that is the surface of a reserve if— the owner of the land has given written consent to the grant over the surface area and the applicant has lodged the consent with the chief executive; or the Governor in Council has consented to the grant over the surface area. If the application relates to acquired land, see also section 10AAC .\n(sec.271A-ssec.3) Also, a mining lease may only be granted for land below the surface of the whole or part of a reserve that is rail corridor land if— the owner of the land has given written consent to the grant for the land below the surface and the applicant has lodged the consent with the chief executive; or the Governor in Council has consented to the grant for the land below the surface.\n(sec.271A-ssec.4) Further, if the application is 1 of the following, it may only be granted if the applicant’s proposed development plan for the proposed mining lease is approved— an application for a mining lease for a prescribed mineral that, under section 246 , is required to include a proposed development plan for the proposed mining lease; an application for a coal mining lease; an application for an oil shale mining lease. See part 1A , division 3 , and chapter 8 , part 9 , division 3 , for provisions about the approval of proposed development plans for proposed mining leases.\n(sec.271A-ssec.5) If a mining lease is granted for only part of the land, the application is taken to have been rejected for the rest of the land.\n- (a) grant the applicant a mining lease for the whole or part of the land in the proposed lease area; or\n- (b) reject the application; or\n- (c) refer the matter to the Land Court to conduct a hearing or further hearing on the application generally or on specific matters raised by the Minister.\n- (a) the owner of the land has given written consent to the grant over the surface area and the applicant has lodged the consent with the chief executive; or\n- (b) the Governor in Council has consented to the grant over the surface area.\n- (a) the owner of the land has given written consent to the grant for the land below the surface and the applicant has lodged the consent with the chief executive; or\n- (b) the Governor in Council has consented to the grant for the land below the surface.\n- (a) an application for a mining lease for a prescribed mineral that, under section 246 , is required to include a proposed development plan for the proposed mining lease;\n- (b) an application for a coal mining lease;\n- (c) an application for an oil shale mining lease.","sortOrder":326},{"sectionNumber":"sec.271AB","sectionType":"section","heading":"Application for later specific purpose mining lease or transportation mining lease","content":"### sec.271AB Application for later specific purpose mining lease or transportation mining lease\n\nThis section applies if—\na person applies for a specific purpose mining lease or a transportation mining lease (the later mining lease ) over land in the area of any of the following authorities (each an existing authority )—\nan exploration permit;\na mineral development licence;\na mining lease; and\nthe person mentioned in paragraph (a) has not obtained the consent of the holder of the existing authority, as required under section 248 (2) or 316 (5) , to the application for the later mining lease.\nThe Minister may grant the later mining lease only if the Minister is satisfied that—\nthe authorised activities for the later mining lease can be carried out in a way that is compatible with the authorised activities for the existing authority; and\nthe co-existence of the later mining lease and the existing authority would optimise the development and use of the State’s resources to maximise the benefit for all Queenslanders.\nBefore making a decision under subsection (2) , the Minister may, by written notice, require the applicant for the later mining lease, or the holder of the existing authority, to give the Minister information or a document the Minister requires to make the decision.\nThe applicant, or holder, must give the information or document to the Minister within 10 business days after the notice is given.\nThe Minister may extend the period mentioned in subsection (4) by notice given to the applicant or holder.\nIf the Minister grants the later mining lease, the later mining lease holder may carry out an authorised activity for the later mining lease on land within the area of the existing authority only if carrying out the authorised activity is consistent with an agreed co-existence plan.\nAn agreed co-existence plan must—\nidentify the parties to the plan; and\nset out an overview of the activities proposed to be carried out in the area mentioned in subsection (1) (a) , including the location of the activities and when they will start; and\nset out how the activities mentioned in paragraph (b) will comply with mining safety legislation; and\nstate how the activities mentioned in paragraph (b) optimise the development and use of the State’s resources; and\nstate whether any monetary or non-monetary compensation is to be given under the plan; and\nstate the period for which the plan is to have effect; and\ninclude any other information prescribed by regulation.\nThe later mining lease holder and the existing authority holder must negotiate in good faith and use all reasonable endeavours to agree on a co-existence plan.\nIf the later mining lease holder and the existing authority holder can not agree on a co-existence plan within 3 months after the granting of the later mining lease, the later mining lease holder may apply for arbitration of the dispute.\nDespite subsection (9) , the later mining lease holder and the existing authority holder may jointly apply for arbitration of the dispute at any time.\nIt is a condition of both the later mining lease and the existing authority that the holder must comply with each agreed co-existence plan that applies to the holder.\nThe later mining lease holder must, within 20 business days after an agreed co-existence plan is in place, give notice to the chief executive stating the following—\nthat the plan is in place;\nthe period for which the plan has effect;\nother information prescribed by regulation.\nIn this section—\nagreed co-existence plan means—\nif an agreed co-existence plan is agreed on under subsection (8) —the agreed co-existence plan; or\nif an agreed co-existence plan is amended by the holders of the later mining lease and the existing mining lease—the agreed co-existence plan as amended; or\nif an agreed co-existence plan is arbitrated as an agreed co-existence plan under the Common Provisions Act , chapter 5 , part 3 —the agreed co-existence plan as arbitrated.\ntransportation mining lease means a mining lease granted under section 316 .\ns 271AB ins 2020 No. 14 s 131\n(sec.271AB-ssec.1) This section applies if— a person applies for a specific purpose mining lease or a transportation mining lease (the later mining lease ) over land in the area of any of the following authorities (each an existing authority )— an exploration permit; a mineral development licence; a mining lease; and the person mentioned in paragraph (a) has not obtained the consent of the holder of the existing authority, as required under section 248 (2) or 316 (5) , to the application for the later mining lease.\n(sec.271AB-ssec.2) The Minister may grant the later mining lease only if the Minister is satisfied that— the authorised activities for the later mining lease can be carried out in a way that is compatible with the authorised activities for the existing authority; and the co-existence of the later mining lease and the existing authority would optimise the development and use of the State’s resources to maximise the benefit for all Queenslanders.\n(sec.271AB-ssec.3) Before making a decision under subsection (2) , the Minister may, by written notice, require the applicant for the later mining lease, or the holder of the existing authority, to give the Minister information or a document the Minister requires to make the decision.\n(sec.271AB-ssec.4) The applicant, or holder, must give the information or document to the Minister within 10 business days after the notice is given.\n(sec.271AB-ssec.5) The Minister may extend the period mentioned in subsection (4) by notice given to the applicant or holder.\n(sec.271AB-ssec.6) If the Minister grants the later mining lease, the later mining lease holder may carry out an authorised activity for the later mining lease on land within the area of the existing authority only if carrying out the authorised activity is consistent with an agreed co-existence plan.\n(sec.271AB-ssec.7) An agreed co-existence plan must— identify the parties to the plan; and set out an overview of the activities proposed to be carried out in the area mentioned in subsection (1) (a) , including the location of the activities and when they will start; and set out how the activities mentioned in paragraph (b) will comply with mining safety legislation; and state how the activities mentioned in paragraph (b) optimise the development and use of the State’s resources; and state whether any monetary or non-monetary compensation is to be given under the plan; and state the period for which the plan is to have effect; and include any other information prescribed by regulation.\n(sec.271AB-ssec.8) The later mining lease holder and the existing authority holder must negotiate in good faith and use all reasonable endeavours to agree on a co-existence plan.\n(sec.271AB-ssec.9) If the later mining lease holder and the existing authority holder can not agree on a co-existence plan within 3 months after the granting of the later mining lease, the later mining lease holder may apply for arbitration of the dispute.\n(sec.271AB-ssec.10) Despite subsection (9) , the later mining lease holder and the existing authority holder may jointly apply for arbitration of the dispute at any time.\n(sec.271AB-ssec.11) It is a condition of both the later mining lease and the existing authority that the holder must comply with each agreed co-existence plan that applies to the holder.\n(sec.271AB-ssec.12) The later mining lease holder must, within 20 business days after an agreed co-existence plan is in place, give notice to the chief executive stating the following— that the plan is in place; the period for which the plan has effect; other information prescribed by regulation.\n(sec.271AB-ssec.13) In this section— agreed co-existence plan means— if an agreed co-existence plan is agreed on under subsection (8) —the agreed co-existence plan; or if an agreed co-existence plan is amended by the holders of the later mining lease and the existing mining lease—the agreed co-existence plan as amended; or if an agreed co-existence plan is arbitrated as an agreed co-existence plan under the Common Provisions Act , chapter 5 , part 3 —the agreed co-existence plan as arbitrated. transportation mining lease means a mining lease granted under section 316 .\n- (a) a person applies for a specific purpose mining lease or a transportation mining lease (the later mining lease ) over land in the area of any of the following authorities (each an existing authority )— (i) an exploration permit; (ii) a mineral development licence; (iii) a mining lease; and\n- (i) an exploration permit;\n- (ii) a mineral development licence;\n- (iii) a mining lease; and\n- (b) the person mentioned in paragraph (a) has not obtained the consent of the holder of the existing authority, as required under section 248 (2) or 316 (5) , to the application for the later mining lease.\n- (i) an exploration permit;\n- (ii) a mineral development licence;\n- (iii) a mining lease; and\n- (a) the authorised activities for the later mining lease can be carried out in a way that is compatible with the authorised activities for the existing authority; and\n- (b) the co-existence of the later mining lease and the existing authority would optimise the development and use of the State’s resources to maximise the benefit for all Queenslanders.\n- (a) identify the parties to the plan; and\n- (b) set out an overview of the activities proposed to be carried out in the area mentioned in subsection (1) (a) , including the location of the activities and when they will start; and\n- (c) set out how the activities mentioned in paragraph (b) will comply with mining safety legislation; and\n- (d) state how the activities mentioned in paragraph (b) optimise the development and use of the State’s resources; and\n- (e) state whether any monetary or non-monetary compensation is to be given under the plan; and\n- (f) state the period for which the plan is to have effect; and\n- (g) include any other information prescribed by regulation.\n- (a) that the plan is in place;\n- (b) the period for which the plan has effect;\n- (c) other information prescribed by regulation.\n- (a) if an agreed co-existence plan is agreed on under subsection (8) —the agreed co-existence plan; or\n- (b) if an agreed co-existence plan is amended by the holders of the later mining lease and the existing mining lease—the agreed co-existence plan as amended; or\n- (c) if an agreed co-existence plan is arbitrated as an agreed co-existence plan under the Common Provisions Act , chapter 5 , part 3 —the agreed co-existence plan as arbitrated.","sortOrder":327},{"sectionNumber":"sec.271B","sectionType":"section","heading":"Steps to be taken after application decided","content":"### sec.271B Steps to be taken after application decided\n\nThis section applies if a mining lease is rejected in whole or in part or the Minister refers the matter to the Land Court (the referral ).\nThe Minister must, as soon as practicable, give the applicant a written notice stating the rejection or the referral and the reasons for it.\ns 271B ins 2012 No. 20 s 197\n(sec.271B-ssec.1) This section applies if a mining lease is rejected in whole or in part or the Minister refers the matter to the Land Court (the referral ).\n(sec.271B-ssec.2) The Minister must, as soon as practicable, give the applicant a written notice stating the rejection or the referral and the reasons for it.","sortOrder":328},{"sectionNumber":"sec.272","sectionType":"section","heading":"Minister may remit to Land Court for additional evidence","content":"### sec.272 Minister may remit to Land Court for additional evidence\n\nThis section applies if the Minister, under section 271A (1) (c) , refers the matter to the Land Court.\nThe Land Court must fix a date for the hearing and immediately give written notice of the date to each of the following—\nthe chief executive;\nthe applicant;\neach person who has lodged an objection to the application in accordance with section 260 .\nThe date must be at least 20 business days after the day the Land Court fixes the date.\ns 272 amd 1999 No. 7 s 87 sch 3 ; 2000 No. 64 s 142\nsub 2005 No. 8 s 29\namd 2007 No. 39 s 41 sch ; 2010 No. 17 s 48 sch ; 2012 No. 20 s 281 sch 2 ; 2013 No. 10 s 193 sch 1\n(sec.272-ssec.1) This section applies if the Minister, under section 271A (1) (c) , refers the matter to the Land Court.\n(sec.272-ssec.2) The Land Court must fix a date for the hearing and immediately give written notice of the date to each of the following— the chief executive; the applicant; each person who has lodged an objection to the application in accordance with section 260 .\n(sec.272-ssec.3) The date must be at least 20 business days after the day the Land Court fixes the date.\n- (a) the chief executive;\n- (b) the applicant;\n- (c) each person who has lodged an objection to the application in accordance with section 260 .","sortOrder":329},{"sectionNumber":"sec.273","sectionType":"section","heading":"Restriction on grant of mining lease that does not include surface of land","content":"### sec.273 Restriction on grant of mining lease that does not include surface of land\n\nA mining lease over land shall not be granted unless—\nit includes such an area of the surface of that land; or\nwhere it does not include an area of the surface of that land, the applicant is the holder of such an adjoining mining lease;\nas will enable the holder to carry out the purposes for which the firstmentioned mining lease is granted.\n- (a) it includes such an area of the surface of that land; or\n- (b) where it does not include an area of the surface of that land, the applicant is the holder of such an adjoining mining lease;","sortOrder":330},{"sectionNumber":"sec.274","sectionType":"section","heading":null,"content":"### Section sec.274\n\ns 274 amd 2005 No. 8 s 2 sch ; 2012 No. 20 s 125 sch 1\nom 2014 No. 47 s 445","sortOrder":331},{"sectionNumber":"sec.275","sectionType":"section","heading":"Application for inclusion of surface of area of mining lease","content":"### sec.275 Application for inclusion of surface of area of mining lease\n\nNotwithstanding section 232 , the holder of a mining lease that does not include any part of the surface of the area of that mining lease or that includes a part only of the surface of the area of that mining lease may at any time apply for an additional part of the surface of that area to be included in the mining lease.\nAn application made under this section must be made and dealt with in the same way as if it were an application for a mining lease made under this part and, for that purpose, the mining lease notice must state, as the number of the proposed mining lease, the number of the existing lease together with the words ‘addition of surface area’.\nIf the application is granted—\nthe mining lease must be amended to give effect to the approval and the conditions stated in it; and\nthe chief executive must record in the register the details of the approval.\ns 275 amd 2000 No. 64 s 143 ; 2012 No. 20 s 125 sch 1 , s 281 sch 2 ; 2014 No. 47 s 446 ; 2018 No. 24 s 112\n(sec.275-ssec.1) Notwithstanding section 232 , the holder of a mining lease that does not include any part of the surface of the area of that mining lease or that includes a part only of the surface of the area of that mining lease may at any time apply for an additional part of the surface of that area to be included in the mining lease.\n(sec.275-ssec.2) An application made under this section must be made and dealt with in the same way as if it were an application for a mining lease made under this part and, for that purpose, the mining lease notice must state, as the number of the proposed mining lease, the number of the existing lease together with the words ‘addition of surface area’.\n(sec.275-ssec.3) If the application is granted— the mining lease must be amended to give effect to the approval and the conditions stated in it; and the chief executive must record in the register the details of the approval.\n- (a) the mining lease must be amended to give effect to the approval and the conditions stated in it; and\n- (b) the chief executive must record in the register the details of the approval.","sortOrder":332},{"sectionNumber":"sec.275A","sectionType":"section","heading":"Application for surface of restricted land to be included in mining lease","content":"### sec.275A Application for surface of restricted land to be included in mining lease\n\nThe holder of a mining lease may, at any time during the term of the mining lease, lodge an application with the chief executive for the Minister’s approval for the surface of restricted land for the mining lease to be included in the mining lease.\nThe Minister may grant an application to include the surface of restricted land for the mining lease in the mining lease only if—\neach relevant owner of the restricted land has given written consent to the application; and\nthe applicant has lodged each consent with the chief executive; and\nthere is an agreement about compensation, or a decision of the Land Court on compensation, with each relevant owner of the restricted land (other than an owner who is the applicant) for the inclusion of the surface of the land in the mining lease.\nAn application under subsection (1) must be accompanied by the fee prescribed by regulation.\nA relevant owner of restricted land can not withdraw a consent under subsection (2) (a) once it has been lodged with the chief executive.\nIf the application is granted—\nthe mining lease must be amended to give effect to the approval and the conditions stated in it; and\nthe chief executive must record in the register details about the approval.\nTo remove any doubt, it is declared that an application under this section to include the surface of restricted land for a mining lease in the mining lease is not an application for the grant of a mining lease under section 245 .\ns 275A ins 2018 No. 24 s 113\n(sec.275A-ssec.1) The holder of a mining lease may, at any time during the term of the mining lease, lodge an application with the chief executive for the Minister’s approval for the surface of restricted land for the mining lease to be included in the mining lease.\n(sec.275A-ssec.2) The Minister may grant an application to include the surface of restricted land for the mining lease in the mining lease only if— each relevant owner of the restricted land has given written consent to the application; and the applicant has lodged each consent with the chief executive; and there is an agreement about compensation, or a decision of the Land Court on compensation, with each relevant owner of the restricted land (other than an owner who is the applicant) for the inclusion of the surface of the land in the mining lease.\n(sec.275A-ssec.3) An application under subsection (1) must be accompanied by the fee prescribed by regulation.\n(sec.275A-ssec.4) A relevant owner of restricted land can not withdraw a consent under subsection (2) (a) once it has been lodged with the chief executive.\n(sec.275A-ssec.5) If the application is granted— the mining lease must be amended to give effect to the approval and the conditions stated in it; and the chief executive must record in the register details about the approval.\n(sec.275A-ssec.6) To remove any doubt, it is declared that an application under this section to include the surface of restricted land for a mining lease in the mining lease is not an application for the grant of a mining lease under section 245 .\n- (a) each relevant owner of the restricted land has given written consent to the application; and\n- (b) the applicant has lodged each consent with the chief executive; and\n- (c) there is an agreement about compensation, or a decision of the Land Court on compensation, with each relevant owner of the restricted land (other than an owner who is the applicant) for the inclusion of the surface of the land in the mining lease.\n- (a) the mining lease must be amended to give effect to the approval and the conditions stated in it; and\n- (b) the chief executive must record in the register details about the approval.","sortOrder":333},{"sectionNumber":"sec.276","sectionType":"section","heading":"General conditions of mining lease","content":"### sec.276 General conditions of mining lease\n\nEach mining lease shall be subject to—\na condition that the holder shall use the area of the mining lease bona fide for the purpose for which the mining lease was granted and in accordance with this Act and the conditions of the mining lease and for no other purpose; and\nif the holder uses land outside the boundary of the area of the mining lease for access to the area of the mining lease, a condition that the holder may use the land only for the following purposes—\nto transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mining lease;\nto transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder;\nto construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii) ; and\na condition that the holder must carry out improvement restoration for the mining lease; and\na condition that the holder, prior to the termination of the mining lease for whatever cause, shall remove any building or structure purported to be erected under the authority of the mining lease and all mining equipment and plant, on or in the area of the mining lease unless otherwise approved by the Minister; and\na condition that without the prior approval of the Minister the holder shall not obstruct or interfere with any right of access had by any person in respect of the area of the mining lease; and\na condition that the holder must keep the surface of the area of the mining lease tidy during the term of the lease, including, for example, ensuring that—\nrubbish and debris are removed from the surface and waste is properly stored; and\nequipment is stored in an orderly way; and\na condition that the holder shall furnish as required under this Act all prescribed reports, returns, documents and statements whatever; and\na condition that the holder give materials obtained under the holder’s mining operations to the Minister at the times, in the way and in quantities the Minister reasonably requires by written notice to the holder; and\nwhere the mining lease is in respect of land that is a reserve, a condition that the holder shall comply with the terms and conditions upon which the consent of the owner or the Governor in Council to the grant of the mining lease was given; and\nif the area of the mining lease has not been surveyed and a physical monument is used to define the area’s boundary—a condition that the holder must maintain the monument; and\na condition that the holder shall make all payments of compensation and comply with all terms of any agreement or determination relating to compensation at the time or times as agreed or determined pursuant to section 279 , 280 , 281 or 282 ; and\na condition that the holder—\nshall pay the rental prescribed by regulation; and\nshall pay the royalty prescribed by regulation; and\nshall pay all local government rates and charges lawfully chargeable against the holder in respect of the area of the mining lease; and\nshall deposit as required by the Minister any security from time to time under this Act; and\na condition that the holder shall comply with this Act and other mining legislation; and\na condition prescribed by regulation; and\nsuch other conditions as the Minister determines.\nWithout limiting subsection (1) , the Minister may determine a condition of a mining lease if the Minister considers the condition is in the public interest.\nThe Minister may grant a mining lease without the imposition of the conditions specified in subsection (1) (c) and (i) .\nA mining lease may be subject to a condition that mining operations under the mining lease shall commence within a specified period after its grant or as otherwise approved in writing by the Minister.\nConditions may be imposed in respect of a mining lease that require compliance with specified codes or industry agreements.\nA condition imposed on a mining lease under subsection (1) (n) or (o) , (3) or (4) does not apply to the extent the condition is the same as, substantially the same as or inconsistent with a relevant environmental condition for the mining lease.\nA mining lease granted after the commencement of the Mineral Resources Amendment Act 1998 is subject to a condition that the holder comply with the At Risk agreement.\ns 276 amd 1990 No. 30 s 32 ; 1995 No. 21 s 76 ; 1998 No. 27 s 6 ; 2000 No. 64 ss 144 , 174 sch ; 2001 No. 46 s 29 ; 2004 No. 25 s 1018 ; 2005 No. 8 s 30 ; 2006 No. 59 s 51 ; 2008 No. 56 s 59 ; 2012 No. 20 ss 198 , 125 sch 1 ; 2014 No. 40 s 116 ; 2014 No. 47 s 447 ; 2018 No. 24 s 114 ; 2024 No. 33 s 135\n(sec.276-ssec.1) Each mining lease shall be subject to— a condition that the holder shall use the area of the mining lease bona fide for the purpose for which the mining lease was granted and in accordance with this Act and the conditions of the mining lease and for no other purpose; and if the holder uses land outside the boundary of the area of the mining lease for access to the area of the mining lease, a condition that the holder may use the land only for the following purposes— to transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mining lease; to transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder; to construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii) ; and a condition that the holder must carry out improvement restoration for the mining lease; and a condition that the holder, prior to the termination of the mining lease for whatever cause, shall remove any building or structure purported to be erected under the authority of the mining lease and all mining equipment and plant, on or in the area of the mining lease unless otherwise approved by the Minister; and a condition that without the prior approval of the Minister the holder shall not obstruct or interfere with any right of access had by any person in respect of the area of the mining lease; and a condition that the holder must keep the surface of the area of the mining lease tidy during the term of the lease, including, for example, ensuring that— rubbish and debris are removed from the surface and waste is properly stored; and equipment is stored in an orderly way; and a condition that the holder shall furnish as required under this Act all prescribed reports, returns, documents and statements whatever; and a condition that the holder give materials obtained under the holder’s mining operations to the Minister at the times, in the way and in quantities the Minister reasonably requires by written notice to the holder; and where the mining lease is in respect of land that is a reserve, a condition that the holder shall comply with the terms and conditions upon which the consent of the owner or the Governor in Council to the grant of the mining lease was given; and if the area of the mining lease has not been surveyed and a physical monument is used to define the area’s boundary—a condition that the holder must maintain the monument; and a condition that the holder shall make all payments of compensation and comply with all terms of any agreement or determination relating to compensation at the time or times as agreed or determined pursuant to section 279 , 280 , 281 or 282 ; and a condition that the holder— shall pay the rental prescribed by regulation; and shall pay the royalty prescribed by regulation; and shall pay all local government rates and charges lawfully chargeable against the holder in respect of the area of the mining lease; and shall deposit as required by the Minister any security from time to time under this Act; and a condition that the holder shall comply with this Act and other mining legislation; and a condition prescribed by regulation; and such other conditions as the Minister determines.\n(sec.276-ssec.1A) Without limiting subsection (1) , the Minister may determine a condition of a mining lease if the Minister considers the condition is in the public interest.\n(sec.276-ssec.2) The Minister may grant a mining lease without the imposition of the conditions specified in subsection (1) (c) and (i) .\n(sec.276-ssec.3) A mining lease may be subject to a condition that mining operations under the mining lease shall commence within a specified period after its grant or as otherwise approved in writing by the Minister.\n(sec.276-ssec.4) Conditions may be imposed in respect of a mining lease that require compliance with specified codes or industry agreements.\n(sec.276-ssec.5) A condition imposed on a mining lease under subsection (1) (n) or (o) , (3) or (4) does not apply to the extent the condition is the same as, substantially the same as or inconsistent with a relevant environmental condition for the mining lease.\n(sec.276-ssec.7) A mining lease granted after the commencement of the Mineral Resources Amendment Act 1998 is subject to a condition that the holder comply with the At Risk agreement.\n- (a) a condition that the holder shall use the area of the mining lease bona fide for the purpose for which the mining lease was granted and in accordance with this Act and the conditions of the mining lease and for no other purpose; and\n- (b) if the holder uses land outside the boundary of the area of the mining lease for access to the area of the mining lease, a condition that the holder may use the land only for the following purposes— (i) to transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mining lease; (ii) to transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder; (iii) to construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii) ; and\n- (i) to transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mining lease;\n- (ii) to transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder;\n- (iii) to construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii) ; and\n- (c) a condition that the holder must carry out improvement restoration for the mining lease; and\n- (d) a condition that the holder, prior to the termination of the mining lease for whatever cause, shall remove any building or structure purported to be erected under the authority of the mining lease and all mining equipment and plant, on or in the area of the mining lease unless otherwise approved by the Minister; and\n- (e) a condition that without the prior approval of the Minister the holder shall not obstruct or interfere with any right of access had by any person in respect of the area of the mining lease; and\n- (f) a condition that the holder must keep the surface of the area of the mining lease tidy during the term of the lease, including, for example, ensuring that— (i) rubbish and debris are removed from the surface and waste is properly stored; and (ii) equipment is stored in an orderly way; and\n- (i) rubbish and debris are removed from the surface and waste is properly stored; and\n- (ii) equipment is stored in an orderly way; and\n- (g) a condition that the holder shall furnish as required under this Act all prescribed reports, returns, documents and statements whatever; and\n- (h) a condition that the holder give materials obtained under the holder’s mining operations to the Minister at the times, in the way and in quantities the Minister reasonably requires by written notice to the holder; and\n- (i) where the mining lease is in respect of land that is a reserve, a condition that the holder shall comply with the terms and conditions upon which the consent of the owner or the Governor in Council to the grant of the mining lease was given; and\n- (j) if the area of the mining lease has not been surveyed and a physical monument is used to define the area’s boundary—a condition that the holder must maintain the monument; and\n- (k) a condition that the holder shall make all payments of compensation and comply with all terms of any agreement or determination relating to compensation at the time or times as agreed or determined pursuant to section 279 , 280 , 281 or 282 ; and\n- (l) a condition that the holder— (i) shall pay the rental prescribed by regulation; and (ii) shall pay the royalty prescribed by regulation; and (iii) shall pay all local government rates and charges lawfully chargeable against the holder in respect of the area of the mining lease; and (iv) shall deposit as required by the Minister any security from time to time under this Act; and\n- (i) shall pay the rental prescribed by regulation; and\n- (ii) shall pay the royalty prescribed by regulation; and\n- (iii) shall pay all local government rates and charges lawfully chargeable against the holder in respect of the area of the mining lease; and\n- (iv) shall deposit as required by the Minister any security from time to time under this Act; and\n- (m) a condition that the holder shall comply with this Act and other mining legislation; and\n- (n) a condition prescribed by regulation; and\n- (o) such other conditions as the Minister determines.\n- (i) to transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mining lease;\n- (ii) to transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder;\n- (iii) to construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii) ; and\n- (i) rubbish and debris are removed from the surface and waste is properly stored; and\n- (ii) equipment is stored in an orderly way; and\n- (i) shall pay the rental prescribed by regulation; and\n- (ii) shall pay the royalty prescribed by regulation; and\n- (iii) shall pay all local government rates and charges lawfully chargeable against the holder in respect of the area of the mining lease; and\n- (iv) shall deposit as required by the Minister any security from time to time under this Act; and","sortOrder":334},{"sectionNumber":"sec.276A","sectionType":"section","heading":null,"content":"### Section sec.276A\n\ns 276A ins 1999 No. 35 s 42\namd 2000 No. 36 s 18 sch 1 ; 2012 No. 20 s 323 sch 3\nom 2014 No. 47 s 474","sortOrder":335},{"sectionNumber":"sec.276B","sectionType":"section","heading":"Other agreement conditions","content":"### sec.276B Other agreement conditions\n\nThis section applies if—\na registered indigenous land use agreement under the Commonwealth Native Title Act , or an agreement mentioned in section 31 (1) (b) of the Commonwealth Native Title Act , provides for the grant, renewal or variation of, or another act concerning, a mining lease; and\nthe State is a party to the agreement; and\nthe agreement includes a requirement that, if the act is done, the mining lease must be subject to conditions stated in the agreement (the stated conditions ); and\nthe act is done.\nThe mining lease is subject to the stated conditions.\ns 276B ins 1999 No. 35 s 42\namd 2000 No. 36 s 18 sch 1\n(sec.276B-ssec.1) This section applies if— a registered indigenous land use agreement under the Commonwealth Native Title Act , or an agreement mentioned in section 31 (1) (b) of the Commonwealth Native Title Act , provides for the grant, renewal or variation of, or another act concerning, a mining lease; and the State is a party to the agreement; and the agreement includes a requirement that, if the act is done, the mining lease must be subject to conditions stated in the agreement (the stated conditions ); and the act is done.\n(sec.276B-ssec.2) The mining lease is subject to the stated conditions.\n- (a) a registered indigenous land use agreement under the Commonwealth Native Title Act , or an agreement mentioned in section 31 (1) (b) of the Commonwealth Native Title Act , provides for the grant, renewal or variation of, or another act concerning, a mining lease; and\n- (b) the State is a party to the agreement; and\n- (c) the agreement includes a requirement that, if the act is done, the mining lease must be subject to conditions stated in the agreement (the stated conditions ); and\n- (d) the act is done.","sortOrder":336},{"sectionNumber":"sec.276C","sectionType":"section","heading":"Power to impose or amend condition if changed holder of mining lease","content":"### sec.276C Power to impose or amend condition if changed holder of mining lease\n\nThis section applies if 1 of the following changes happens—\nan entity starts or stops controlling the holder of a mining lease under the Corporations Act , section 50AA ;\nthe holder of a mining lease starts or stops being a subsidiary of a corporation under the Corporations Act , section 46 .\nThe Minister may consider whether, after the change, the holder of the mining lease has the financial and technical resources to comply with the conditions of the mining lease.\nIf the Minister considers the holder of the mining lease may not have the financial and technical resources to comply with conditions of the mining lease, the Minister may impose another condition on, or amend a condition of, the mining lease.\nIf the Minister believes a change mentioned in subsection (1) may have happened, the Minister may require the holder of the mining lease to give the Minister information or a document about whether or not the change has happened.\nBefore deciding to impose another condition on, or amend a condition of, the mining lease under subsection (3) , the Minister may require the holder of the mining lease to give the Minister information or a document the Minister requires to make the decision.\nA requirement under subsection (4) or (5) must—\nbe made by notice given to the holder; and\nstate a period of at least 10 business days within which the holder must comply with the requirement.\nBefore deciding to impose another condition on, or amend a condition of, the mining lease under subsection (3) , the Minister must give the holder of the lease a notice stating—\nthe proposed decision; and\nthe reasons for the proposed decision; and\nthat the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.\nThe Minister may extend the period mentioned in subsection (6) (b) or (7) (c) by notice given to the holder of the mining lease.\nIn deciding whether to impose another condition on, or amend a condition of, the mining lease under subsection (3) , the Minister—\nmust consider information or a document, if any, given under subsection (6) (b) or (7) (c) ; and\nmay consider any other matter the Minister considers relevant.\nIf the Minister decides to impose another condition on, or amend a condition of, the mining lease under subsection (3) , the Minister must, as soon as practicable after making the decision, give the holder a notice stating the decision and the reasons for the decision.\ns 276C ins 2020 No. 14 s 132\n(sec.276C-ssec.1) This section applies if 1 of the following changes happens— an entity starts or stops controlling the holder of a mining lease under the Corporations Act , section 50AA ; the holder of a mining lease starts or stops being a subsidiary of a corporation under the Corporations Act , section 46 .\n(sec.276C-ssec.2) The Minister may consider whether, after the change, the holder of the mining lease has the financial and technical resources to comply with the conditions of the mining lease.\n(sec.276C-ssec.3) If the Minister considers the holder of the mining lease may not have the financial and technical resources to comply with conditions of the mining lease, the Minister may impose another condition on, or amend a condition of, the mining lease.\n(sec.276C-ssec.4) If the Minister believes a change mentioned in subsection (1) may have happened, the Minister may require the holder of the mining lease to give the Minister information or a document about whether or not the change has happened.\n(sec.276C-ssec.5) Before deciding to impose another condition on, or amend a condition of, the mining lease under subsection (3) , the Minister may require the holder of the mining lease to give the Minister information or a document the Minister requires to make the decision.\n(sec.276C-ssec.6) A requirement under subsection (4) or (5) must— be made by notice given to the holder; and state a period of at least 10 business days within which the holder must comply with the requirement.\n(sec.276C-ssec.7) Before deciding to impose another condition on, or amend a condition of, the mining lease under subsection (3) , the Minister must give the holder of the lease a notice stating— the proposed decision; and the reasons for the proposed decision; and that the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.\n(sec.276C-ssec.8) The Minister may extend the period mentioned in subsection (6) (b) or (7) (c) by notice given to the holder of the mining lease.\n(sec.276C-ssec.9) In deciding whether to impose another condition on, or amend a condition of, the mining lease under subsection (3) , the Minister— must consider information or a document, if any, given under subsection (6) (b) or (7) (c) ; and may consider any other matter the Minister considers relevant.\n(sec.276C-ssec.10) If the Minister decides to impose another condition on, or amend a condition of, the mining lease under subsection (3) , the Minister must, as soon as practicable after making the decision, give the holder a notice stating the decision and the reasons for the decision.\n- (a) an entity starts or stops controlling the holder of a mining lease under the Corporations Act , section 50AA ;\n- (b) the holder of a mining lease starts or stops being a subsidiary of a corporation under the Corporations Act , section 46 .\n- (a) be made by notice given to the holder; and\n- (b) state a period of at least 10 business days within which the holder must comply with the requirement.\n- (a) the proposed decision; and\n- (b) the reasons for the proposed decision; and\n- (c) that the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.\n- (a) must consider information or a document, if any, given under subsection (6) (b) or (7) (c) ; and\n- (b) may consider any other matter the Minister considers relevant.","sortOrder":337},{"sectionNumber":"sec.277","sectionType":"section","heading":"Provision of security","content":"### sec.277 Provision of security\n\nBefore a mining lease is granted or renewed, the Minister must decide the security to be deposited by the holder of the mining lease to ensure the holder—\ncomplies with the conditions of the lease; and\ncomplies with this Act; and\nrectifies actual damage that may be caused by activities under the lease to pre-existing improvements for the lease; and\npays amounts (other than penalties) payable under this Act to the State.\nThe Minister may, at any time and in the Minister’s absolute discretion, decide that the holder must deposit extra security.\nThe Minister must not grant or renew a mining lease until the applicant for the grant or renewal deposits the security required under this section.\nThe Minister, if satisfied that any condition of the mining lease or any provision of this Act has not been complied with or that damage referred to in subsection (1) (c) has been caused by any person purporting to act under the authority of the mining lease or who enters land upon the instruction of the holder, the Minister may require that person to take all action necessary to rectify that noncompliance or damage and, save where the person was not the holder and was not upon the land with the holder’s approval at the time the damage was caused, may utilise for that purpose the whole or part of the amount of the security deposited in respect of that mining lease.\nIf the amount of the security deposited for a mining lease is not earlier reviewed under subsection (6) , the Minister shall review that amount at the expiration of 5 years from the grant of the mining lease or from the previous review.\nOn the use under this section of any part of the security deposited in respect of a mining lease, the Minister may review the amount of the security deposited in respect of that mining lease.\nIf, upon that review, the Minister considers that a further amount of security should be deposited in respect of that mining lease, the Minister shall require the holder of the mining lease, within the time specified by the Minister to deposit a further specified security.\nThe Minister may accept a bond or a guarantee or indemnity by, or other financial arrangement with, a financial institution, insurance company or another credit provider approved by the Minister or other form of security acceptable to the Minister as the whole or part of the security to be deposited under this section.\nIt shall be a condition of a mining lease that the holder shall deposit security or further security from time to time in accordance with a requirement made as provided by this section.\nWhere a mining lease has expired or been terminated, the Minister must, subject to subsection (12) , refund to the holder of the mining lease (or as the holder in writing directs) any security deposited and not utilised as provided by subsection (4) less any amounts determined by the Minister to be retained towards—\nrectification of any matters caused by the noncompliance with any of the conditions of the mining lease or with any order or direction made or given by the Minister under this Act and directed to the holder; and\namounts (other than penalties) the holder owes to the State under this Act (whether before or after the termination); and\nrates and charges (including interest on unpaid rates and charges) owing to a local government by the former holder for the mining lease.\nFor matters mentioned in subsection (10) , security must be applied to each of the matters in turn.\nIf the Minister accepts a bond, guarantee or indemnity by, or another financial arrangement with, a financial institution, insurance company or other credit provider as security under this section, any amount payable to the holder under subsection (10) must be refunded to the financial institution, insurance company or credit provider and not to the holder of the mining lease to which the security relates.\ns 277 amd 1995 No. 21 s 77 ; 1997 No. 17 s 74 sch ; 2000 No. 64 ss 145 , 174 sch ; 2020 No. 14 s 133\n(sec.277-ssec.1) Before a mining lease is granted or renewed, the Minister must decide the security to be deposited by the holder of the mining lease to ensure the holder— complies with the conditions of the lease; and complies with this Act; and rectifies actual damage that may be caused by activities under the lease to pre-existing improvements for the lease; and pays amounts (other than penalties) payable under this Act to the State.\n(sec.277-ssec.2) The Minister may, at any time and in the Minister’s absolute discretion, decide that the holder must deposit extra security.\n(sec.277-ssec.3) The Minister must not grant or renew a mining lease until the applicant for the grant or renewal deposits the security required under this section.\n(sec.277-ssec.4) The Minister, if satisfied that any condition of the mining lease or any provision of this Act has not been complied with or that damage referred to in subsection (1) (c) has been caused by any person purporting to act under the authority of the mining lease or who enters land upon the instruction of the holder, the Minister may require that person to take all action necessary to rectify that noncompliance or damage and, save where the person was not the holder and was not upon the land with the holder’s approval at the time the damage was caused, may utilise for that purpose the whole or part of the amount of the security deposited in respect of that mining lease.\n(sec.277-ssec.5) If the amount of the security deposited for a mining lease is not earlier reviewed under subsection (6) , the Minister shall review that amount at the expiration of 5 years from the grant of the mining lease or from the previous review.\n(sec.277-ssec.6) On the use under this section of any part of the security deposited in respect of a mining lease, the Minister may review the amount of the security deposited in respect of that mining lease.\n(sec.277-ssec.7) If, upon that review, the Minister considers that a further amount of security should be deposited in respect of that mining lease, the Minister shall require the holder of the mining lease, within the time specified by the Minister to deposit a further specified security.\n(sec.277-ssec.8) The Minister may accept a bond or a guarantee or indemnity by, or other financial arrangement with, a financial institution, insurance company or another credit provider approved by the Minister or other form of security acceptable to the Minister as the whole or part of the security to be deposited under this section.\n(sec.277-ssec.9) It shall be a condition of a mining lease that the holder shall deposit security or further security from time to time in accordance with a requirement made as provided by this section.\n(sec.277-ssec.10) Where a mining lease has expired or been terminated, the Minister must, subject to subsection (12) , refund to the holder of the mining lease (or as the holder in writing directs) any security deposited and not utilised as provided by subsection (4) less any amounts determined by the Minister to be retained towards— rectification of any matters caused by the noncompliance with any of the conditions of the mining lease or with any order or direction made or given by the Minister under this Act and directed to the holder; and amounts (other than penalties) the holder owes to the State under this Act (whether before or after the termination); and rates and charges (including interest on unpaid rates and charges) owing to a local government by the former holder for the mining lease.\n(sec.277-ssec.11) For matters mentioned in subsection (10) , security must be applied to each of the matters in turn.\n(sec.277-ssec.12) If the Minister accepts a bond, guarantee or indemnity by, or another financial arrangement with, a financial institution, insurance company or other credit provider as security under this section, any amount payable to the holder under subsection (10) must be refunded to the financial institution, insurance company or credit provider and not to the holder of the mining lease to which the security relates.\n- (a) complies with the conditions of the lease; and\n- (b) complies with this Act; and\n- (c) rectifies actual damage that may be caused by activities under the lease to pre-existing improvements for the lease; and\n- (d) pays amounts (other than penalties) payable under this Act to the State.\n- (a) rectification of any matters caused by the noncompliance with any of the conditions of the mining lease or with any order or direction made or given by the Minister under this Act and directed to the holder; and\n- (b) amounts (other than penalties) the holder owes to the State under this Act (whether before or after the termination); and\n- (c) rates and charges (including interest on unpaid rates and charges) owing to a local government by the former holder for the mining lease.","sortOrder":338},{"sectionNumber":"sec.278","sectionType":"section","heading":"Utilisation of security deposit towards subsequent mining lease","content":"### sec.278 Utilisation of security deposit towards subsequent mining lease\n\nIf the holder of a mining lease or an expired mining lease makes application for a further mining lease, the Minister may, instead of refunding the whole or part of the security deposited in respect of the existing or expired mining lease, retain that security or part thereof (together with any further security fixed by the Minister) as the security (in which case it shall be taken to be or to be part of the security) deposited by the applicant in respect of the further mining lease.","sortOrder":339},{"sectionNumber":"sec.278A","sectionType":"section","heading":"Land Court’s jurisdiction for At Risk agreement","content":"### sec.278A Land Court’s jurisdiction for At Risk agreement\n\nThe Land Court has jurisdiction to hear and decide a proceeding about the following matters under a condition of a mining lease requiring compliance with the At Risk agreement—\nwhether hardship, as defined under the agreement, exists;\nthe fair market value of a property for the purposes of the agreement.\nIn a proceeding under subsection (1) (a) , the Land Court must consider—\nall relevant matters put before the committee in any mediation under the agreement; and\nthe final recommendation made by the committee in the mediation.\nIn a proceeding, a copy of the agreement as at a particular date, certified as a true copy by the chief executive, is admissible as evidence of the agreement at that date until the contrary is proved.\nDespite the Limitation of Actions Act 1974 , a proceeding must start—\nfor a matter that arose before the commencement of this section—within 1 year after the commencement; or\nfor a matter that arose after the commencement of this section—within 1 year after the committee gives notice of its final recommendation about whether hardship, as defined under the agreement, exists.\nIn this section—\ncommittee means the committee mentioned in the At Risk agreement.\ns 278A ins 1998 No. 27 s 7\namd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch\n(sec.278A-ssec.1) The Land Court has jurisdiction to hear and decide a proceeding about the following matters under a condition of a mining lease requiring compliance with the At Risk agreement— whether hardship, as defined under the agreement, exists; the fair market value of a property for the purposes of the agreement.\n(sec.278A-ssec.2) In a proceeding under subsection (1) (a) , the Land Court must consider— all relevant matters put before the committee in any mediation under the agreement; and the final recommendation made by the committee in the mediation.\n(sec.278A-ssec.3) In a proceeding, a copy of the agreement as at a particular date, certified as a true copy by the chief executive, is admissible as evidence of the agreement at that date until the contrary is proved.\n(sec.278A-ssec.4) Despite the Limitation of Actions Act 1974 , a proceeding must start— for a matter that arose before the commencement of this section—within 1 year after the commencement; or for a matter that arose after the commencement of this section—within 1 year after the committee gives notice of its final recommendation about whether hardship, as defined under the agreement, exists.\n(sec.278A-ssec.5) In this section— committee means the committee mentioned in the At Risk agreement.\n- (a) whether hardship, as defined under the agreement, exists;\n- (b) the fair market value of a property for the purposes of the agreement.\n- (a) all relevant matters put before the committee in any mediation under the agreement; and\n- (b) the final recommendation made by the committee in the mediation.\n- (a) for a matter that arose before the commencement of this section—within 1 year after the commencement; or\n- (b) for a matter that arose after the commencement of this section—within 1 year after the committee gives notice of its final recommendation about whether hardship, as defined under the agreement, exists.","sortOrder":340},{"sectionNumber":"sec.279","sectionType":"section","heading":"Compensation generally","content":"### sec.279 Compensation generally\n\nA mining lease shall not be granted or renewed, and an application under section 275A must not be granted for the surface of restricted land to be included in a mining lease, unless—\ncompensation has been determined (whether by agreement or by determination of the Land Court) between the applicant and each person who is the owner of land the surface of which is the subject of the application and of any surface access to the mining lease land; or\nthere is no person (other than the applicant) who is the owner of any of the land referred to in paragraph (a) ;\nand the conditions of the agreement or determination have been or are being complied with by the applicant.\nFor the purposes of subsection (1) (a) where the Land Court makes a determination of an amount of compensation, that compensation is not determined until—\nwhere no appeal against that determination is lodged within the period prescribed therefor—upon the expiration of that period; or\nwhere an appeal is duly lodged against that determination—upon the determination of the appeal.\nAn agreement made pursuant to subsection (1) (a) shall not be effective unless and until—\nit is in writing signed by or on behalf of the parties; and\nit is filed.\ns 279 amd 1999 No. 7 s 87 sch 3 ; 2005 No. 8 s 2 sch ; 2007 No. 39 s 41 sch ; 2010 No. 17 s 53 ; 2012 No. 20 s 281 sch 2 ; 2013 No. 10 s 193 sch 1 ; 2018 No. 24 s 115\n(sec.279-ssec.1) A mining lease shall not be granted or renewed, and an application under section 275A must not be granted for the surface of restricted land to be included in a mining lease, unless— compensation has been determined (whether by agreement or by determination of the Land Court) between the applicant and each person who is the owner of land the surface of which is the subject of the application and of any surface access to the mining lease land; or there is no person (other than the applicant) who is the owner of any of the land referred to in paragraph (a) ; and the conditions of the agreement or determination have been or are being complied with by the applicant.\n(sec.279-ssec.2) For the purposes of subsection (1) (a) where the Land Court makes a determination of an amount of compensation, that compensation is not determined until— where no appeal against that determination is lodged within the period prescribed therefor—upon the expiration of that period; or where an appeal is duly lodged against that determination—upon the determination of the appeal.\n(sec.279-ssec.3) An agreement made pursuant to subsection (1) (a) shall not be effective unless and until— it is in writing signed by or on behalf of the parties; and it is filed.\n- (a) compensation has been determined (whether by agreement or by determination of the Land Court) between the applicant and each person who is the owner of land the surface of which is the subject of the application and of any surface access to the mining lease land; or\n- (b) there is no person (other than the applicant) who is the owner of any of the land referred to in paragraph (a) ;\n- (a) where no appeal against that determination is lodged within the period prescribed therefor—upon the expiration of that period; or\n- (b) where an appeal is duly lodged against that determination—upon the determination of the appeal.\n- (a) it is in writing signed by or on behalf of the parties; and\n- (b) it is filed.","sortOrder":341},{"sectionNumber":"sec.279A","sectionType":"section","heading":"Minister may refuse to grant mining lease if compensation not determined","content":"### sec.279A Minister may refuse to grant mining lease if compensation not determined\n\nThis section applies if—\na person makes an application for the grant of a mining lease; and\ncompensation in relation to the mining lease has not been determined by agreement between the applicant and each owner of land, or by determination of the Land Court, as mentioned in section 279 (1) (a) ; and\nan application under section 281 has not been made to the Land Court for a determination of the amount of compensation in relation to the mining lease; and\n3 months have elapsed since—\nif no objection was lodged in relation to the application for the grant of the mining lease—the last objection day for the application; or\nif all objections lodged in relation to the application for the grant of the mining lease are withdrawn under section 261 (1) before being referred to the Land Court under section 265 —the day the chief executive received written notice of the last withdrawal of the objections; or\nif, under section 265 (10) , the Land Court remitted a matter relating to the mining lease to the chief executive—the day the Land Court remitted the matter; or\nif, under section 269 , the Land Court made a recommendation about the grant of the mining lease—the day the Land Court made the recommendation; or\nif the Governor in Council consented to the grant of the mining lease for land relating to a reserve—the day the Governor in Council consented to the grant.\nThe Minister may refuse to grant the mining lease.\nThis section does not limit any other power to refuse to grant a mining lease.\ns 279A ins 2005 No. 8 s 31\namd 2007 No. 39 s 41 sch ; 2013 No. 10 s 193 sch 1\nsub 2018 No. 24 s 116 ; 2019 No. 17 s 229\namd 2020 No. 14 s 134\n(sec.279A-ssec.1) This section applies if— a person makes an application for the grant of a mining lease; and compensation in relation to the mining lease has not been determined by agreement between the applicant and each owner of land, or by determination of the Land Court, as mentioned in section 279 (1) (a) ; and an application under section 281 has not been made to the Land Court for a determination of the amount of compensation in relation to the mining lease; and 3 months have elapsed since— if no objection was lodged in relation to the application for the grant of the mining lease—the last objection day for the application; or if all objections lodged in relation to the application for the grant of the mining lease are withdrawn under section 261 (1) before being referred to the Land Court under section 265 —the day the chief executive received written notice of the last withdrawal of the objections; or if, under section 265 (10) , the Land Court remitted a matter relating to the mining lease to the chief executive—the day the Land Court remitted the matter; or if, under section 269 , the Land Court made a recommendation about the grant of the mining lease—the day the Land Court made the recommendation; or if the Governor in Council consented to the grant of the mining lease for land relating to a reserve—the day the Governor in Council consented to the grant.\n(sec.279A-ssec.2) The Minister may refuse to grant the mining lease.\n(sec.279A-ssec.3) This section does not limit any other power to refuse to grant a mining lease.\n- (a) a person makes an application for the grant of a mining lease; and\n- (b) compensation in relation to the mining lease has not been determined by agreement between the applicant and each owner of land, or by determination of the Land Court, as mentioned in section 279 (1) (a) ; and\n- (c) an application under section 281 has not been made to the Land Court for a determination of the amount of compensation in relation to the mining lease; and\n- (d) 3 months have elapsed since— (i) if no objection was lodged in relation to the application for the grant of the mining lease—the last objection day for the application; or (ii) if all objections lodged in relation to the application for the grant of the mining lease are withdrawn under section 261 (1) before being referred to the Land Court under section 265 —the day the chief executive received written notice of the last withdrawal of the objections; or (iii) if, under section 265 (10) , the Land Court remitted a matter relating to the mining lease to the chief executive—the day the Land Court remitted the matter; or (iv) if, under section 269 , the Land Court made a recommendation about the grant of the mining lease—the day the Land Court made the recommendation; or (v) if the Governor in Council consented to the grant of the mining lease for land relating to a reserve—the day the Governor in Council consented to the grant.\n- (i) if no objection was lodged in relation to the application for the grant of the mining lease—the last objection day for the application; or\n- (ii) if all objections lodged in relation to the application for the grant of the mining lease are withdrawn under section 261 (1) before being referred to the Land Court under section 265 —the day the chief executive received written notice of the last withdrawal of the objections; or\n- (iii) if, under section 265 (10) , the Land Court remitted a matter relating to the mining lease to the chief executive—the day the Land Court remitted the matter; or\n- (iv) if, under section 269 , the Land Court made a recommendation about the grant of the mining lease—the day the Land Court made the recommendation; or\n- (v) if the Governor in Council consented to the grant of the mining lease for land relating to a reserve—the day the Governor in Council consented to the grant.\n- (i) if no objection was lodged in relation to the application for the grant of the mining lease—the last objection day for the application; or\n- (ii) if all objections lodged in relation to the application for the grant of the mining lease are withdrawn under section 261 (1) before being referred to the Land Court under section 265 —the day the chief executive received written notice of the last withdrawal of the objections; or\n- (iii) if, under section 265 (10) , the Land Court remitted a matter relating to the mining lease to the chief executive—the day the Land Court remitted the matter; or\n- (iv) if, under section 269 , the Land Court made a recommendation about the grant of the mining lease—the day the Land Court made the recommendation; or\n- (v) if the Governor in Council consented to the grant of the mining lease for land relating to a reserve—the day the Governor in Council consented to the grant.","sortOrder":342},{"sectionNumber":"sec.280","sectionType":"section","heading":"Compensation for owner of land where surface area not included","content":"### sec.280 Compensation for owner of land where surface area not included\n\nAn owner of land the subject of a mining lease where no part of the surface area of that land is included in the lease may agree with the holder of the mining lease as to compensation for any damage caused to the surface of the land.\nAn agreement made pursuant to subsection (1) shall not be effective unless and until—\nit is in writing signed by or on behalf of the parties; and\nit is filed.\ns 280 amd 2012 No. 20 s 281 sch 2 ; 2018 No. 24 s 117\n(sec.280-ssec.1) An owner of land the subject of a mining lease where no part of the surface area of that land is included in the lease may agree with the holder of the mining lease as to compensation for any damage caused to the surface of the land.\n(sec.280-ssec.2) An agreement made pursuant to subsection (1) shall not be effective unless and until— it is in writing signed by or on behalf of the parties; and it is filed.\n- (a) it is in writing signed by or on behalf of the parties; and\n- (b) it is filed.","sortOrder":343},{"sectionNumber":"sec.281","sectionType":"section","heading":"Determination of compensation by Land Court","content":"### sec.281 Determination of compensation by Land Court\n\nAt any time before an agreement is made under section 279 or 280 , a person who could be a party to the agreement may apply in writing to the Land Court to have the Land Court determine the amount of compensation.\nThe persons who could be parties to the agreement may also agree to participate in ADR under sections 283C to 283F to determine the amount of compensation.\nThe Land Court is hereby authorised to hear and determine matters referred to in subsection (1) .\nUpon an application made under subsection (1) , the Land Court shall settle the amount of compensation an owner of land is entitled to as compensation for—\nin the case of compensation referred to in section 279 —\ndeprivation of possession of the surface of land of the owner;\ndiminution of the value of the land of the owner or any improvements thereon;\ndiminution of the use made or which may be made of the land of the owner or any improvements thereon;\nseverance of any part of the land from other parts thereof or from other land of the owner;\nany surface rights of access;\nall loss or expense that arises;\nas a consequence of the grant or renewal of the mining lease; and\nin the case of compensation referred to in section 280 —\ndiminution of the value of the land of the owner or any improvements thereon;\ndiminution of the use made or which may be made of the land of the owner or any improvements thereon;\nall loss or expense that arises;\nas a consequence of the grant or renewal of the mining lease.\nIn assessing the amount of compensation payable under subsection (3) —\nwhere it is necessary for the owner of land to obtain replacement land of a similar productivity, nature and area or resettle himself or herself or relocate his or her livestock and other chattels on other parts of his or her land or on the replacement land, all reasonable costs incurred or likely to be incurred by the owner in obtaining replacement land, the owner’s resettlement and the relocation of the owner’s livestock or other chattels as at the date of the assessment shall be considered;\nno allowance shall be made for any minerals that are or may be on or under the surface of the land concerned;\nif the owner of land proves that the status and use currently being made (prior to the application for the grant of the mining lease) of certain land is such that a premium should be applied—an appropriate amount of compensation may be determined;\nloss that arises may include loss of profits to the owner calculated by comparison of the usage being made of land prior to the lodgement of the relevant application for the grant of a mining lease and the usage that could be made of that land after the grant;\nan additional amount shall be determined to reflect the compulsory nature of action taken under this part which amount, together with any amount determined pursuant to paragraph (c) , shall be not less than 10% of the aggregate amount determined under subsection (3) .\nIn any case the Land Court may determine the amounts and the terms, conditions and times when payments aggregating the total compensation payable shall be payable.\nAn amount of compensation decided by agreement between the parties, or by the Land Court, is binding on the parties and the parties’ personal representatives, successors and assigns.\nThe Land Court shall give written notice of its determination to all parties and may make such order as to costs between the parties to the determination as it thinks fit.\ns 281 amd 1995 No. 21 s 78 ; 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch ; 2013 No. 10 s 193 sch 1 ; 2018 No. 24 s 118 ; 2024 No. 33 s 136\n(sec.281-ssec.1) At any time before an agreement is made under section 279 or 280 , a person who could be a party to the agreement may apply in writing to the Land Court to have the Land Court determine the amount of compensation. The persons who could be parties to the agreement may also agree to participate in ADR under sections 283C to 283F to determine the amount of compensation.\n(sec.281-ssec.2) The Land Court is hereby authorised to hear and determine matters referred to in subsection (1) .\n(sec.281-ssec.3) Upon an application made under subsection (1) , the Land Court shall settle the amount of compensation an owner of land is entitled to as compensation for— in the case of compensation referred to in section 279 — deprivation of possession of the surface of land of the owner; diminution of the value of the land of the owner or any improvements thereon; diminution of the use made or which may be made of the land of the owner or any improvements thereon; severance of any part of the land from other parts thereof or from other land of the owner; any surface rights of access; all loss or expense that arises; as a consequence of the grant or renewal of the mining lease; and in the case of compensation referred to in section 280 — diminution of the value of the land of the owner or any improvements thereon; diminution of the use made or which may be made of the land of the owner or any improvements thereon; all loss or expense that arises; as a consequence of the grant or renewal of the mining lease.\n(sec.281-ssec.4) In assessing the amount of compensation payable under subsection (3) — where it is necessary for the owner of land to obtain replacement land of a similar productivity, nature and area or resettle himself or herself or relocate his or her livestock and other chattels on other parts of his or her land or on the replacement land, all reasonable costs incurred or likely to be incurred by the owner in obtaining replacement land, the owner’s resettlement and the relocation of the owner’s livestock or other chattels as at the date of the assessment shall be considered; no allowance shall be made for any minerals that are or may be on or under the surface of the land concerned; if the owner of land proves that the status and use currently being made (prior to the application for the grant of the mining lease) of certain land is such that a premium should be applied—an appropriate amount of compensation may be determined; loss that arises may include loss of profits to the owner calculated by comparison of the usage being made of land prior to the lodgement of the relevant application for the grant of a mining lease and the usage that could be made of that land after the grant; an additional amount shall be determined to reflect the compulsory nature of action taken under this part which amount, together with any amount determined pursuant to paragraph (c) , shall be not less than 10% of the aggregate amount determined under subsection (3) .\n(sec.281-ssec.5) In any case the Land Court may determine the amounts and the terms, conditions and times when payments aggregating the total compensation payable shall be payable.\n(sec.281-ssec.6) An amount of compensation decided by agreement between the parties, or by the Land Court, is binding on the parties and the parties’ personal representatives, successors and assigns.\n(sec.281-ssec.7) The Land Court shall give written notice of its determination to all parties and may make such order as to costs between the parties to the determination as it thinks fit.\n- (a) in the case of compensation referred to in section 279 — (i) deprivation of possession of the surface of land of the owner; (ii) diminution of the value of the land of the owner or any improvements thereon; (iii) diminution of the use made or which may be made of the land of the owner or any improvements thereon; (iv) severance of any part of the land from other parts thereof or from other land of the owner; (v) any surface rights of access; (vi) all loss or expense that arises; as a consequence of the grant or renewal of the mining lease; and\n- (i) deprivation of possession of the surface of land of the owner;\n- (ii) diminution of the value of the land of the owner or any improvements thereon;\n- (iii) diminution of the use made or which may be made of the land of the owner or any improvements thereon;\n- (iv) severance of any part of the land from other parts thereof or from other land of the owner;\n- (v) any surface rights of access;\n- (vi) all loss or expense that arises;\n- (b) in the case of compensation referred to in section 280 — (i) diminution of the value of the land of the owner or any improvements thereon; (ii) diminution of the use made or which may be made of the land of the owner or any improvements thereon; (iii) all loss or expense that arises; as a consequence of the grant or renewal of the mining lease.\n- (i) diminution of the value of the land of the owner or any improvements thereon;\n- (ii) diminution of the use made or which may be made of the land of the owner or any improvements thereon;\n- (iii) all loss or expense that arises;\n- (i) deprivation of possession of the surface of land of the owner;\n- (ii) diminution of the value of the land of the owner or any improvements thereon;\n- (iii) diminution of the use made or which may be made of the land of the owner or any improvements thereon;\n- (iv) severance of any part of the land from other parts thereof or from other land of the owner;\n- (v) any surface rights of access;\n- (vi) all loss or expense that arises;\n- (i) diminution of the value of the land of the owner or any improvements thereon;\n- (ii) diminution of the use made or which may be made of the land of the owner or any improvements thereon;\n- (iii) all loss or expense that arises;\n- (a) where it is necessary for the owner of land to obtain replacement land of a similar productivity, nature and area or resettle himself or herself or relocate his or her livestock and other chattels on other parts of his or her land or on the replacement land, all reasonable costs incurred or likely to be incurred by the owner in obtaining replacement land, the owner’s resettlement and the relocation of the owner’s livestock or other chattels as at the date of the assessment shall be considered;\n- (b) no allowance shall be made for any minerals that are or may be on or under the surface of the land concerned;\n- (c) if the owner of land proves that the status and use currently being made (prior to the application for the grant of the mining lease) of certain land is such that a premium should be applied—an appropriate amount of compensation may be determined;\n- (d) loss that arises may include loss of profits to the owner calculated by comparison of the usage being made of land prior to the lodgement of the relevant application for the grant of a mining lease and the usage that could be made of that land after the grant;\n- (e) an additional amount shall be determined to reflect the compulsory nature of action taken under this part which amount, together with any amount determined pursuant to paragraph (c) , shall be not less than 10% of the aggregate amount determined under subsection (3) .","sortOrder":344},{"sectionNumber":"sec.282","sectionType":"section","heading":"Appeal against Land Court’s determination upon compensation","content":"### sec.282 Appeal against Land Court’s determination upon compensation\n\nA party aggrieved by a determination of the Land Court made under section 281 may, within 20 business days of the date of that determination or within such further period as the Land Appeal Court, on the application of that party in that behalf prior to the lodgement of the appeal, considers appropriate in any particular circumstances, appeal against the determination to the Land Appeal Court.\nThe appeal shall be instituted by, within the time and in the manner prescribed—\nlodging in the Land Court, written notice of appeal which shall include the grounds of appeal; and\nserving copies of the notice of appeal on the chief executive and each other party.\nThe Land Appeal Court shall have jurisdiction to hear and determine an appeal under this section.\nIn deciding an appeal, the Land Appeal Court must consider the things relevant to the appeal that the Land Court was required to consider when making the decision appealed against.\nUpon hearing an appeal under subsection (1) the Land Appeal Court may—\nvary the determination of the Land Court in such way as it thinks just; or\ndisallow the appeal and confirm the determination of the Land Court;\nand may make such order as to costs of the appeal as it thinks fit.\nThe Land Appeal Court shall not admit further evidence upon an appeal from a determination of the Land Court under subsection (1) unless—\nit is satisfied that admission of the evidence is necessary to avoid grave injustice and there is sufficient reason that the evidence was not previously adduced; or\nthe appellant and respondent agree to its admission.\nThe determination of the Land Appeal Court on appeal shall be final and conclusive.\ns 282 amd 1995 No. 21 s 79 ; 1999 No. 7 s 87 sch 3 ; 2005 No. 8 s 2 sch ; 2007 No. 39 s 32 ; 2013 No. 10 s 193 sch 1\n(sec.282-ssec.1) A party aggrieved by a determination of the Land Court made under section 281 may, within 20 business days of the date of that determination or within such further period as the Land Appeal Court, on the application of that party in that behalf prior to the lodgement of the appeal, considers appropriate in any particular circumstances, appeal against the determination to the Land Appeal Court.\n(sec.282-ssec.2) The appeal shall be instituted by, within the time and in the manner prescribed— lodging in the Land Court, written notice of appeal which shall include the grounds of appeal; and serving copies of the notice of appeal on the chief executive and each other party.\n(sec.282-ssec.3) The Land Appeal Court shall have jurisdiction to hear and determine an appeal under this section.\n(sec.282-ssec.4) In deciding an appeal, the Land Appeal Court must consider the things relevant to the appeal that the Land Court was required to consider when making the decision appealed against.\n(sec.282-ssec.5) Upon hearing an appeal under subsection (1) the Land Appeal Court may— vary the determination of the Land Court in such way as it thinks just; or disallow the appeal and confirm the determination of the Land Court; and may make such order as to costs of the appeal as it thinks fit.\n(sec.282-ssec.6) The Land Appeal Court shall not admit further evidence upon an appeal from a determination of the Land Court under subsection (1) unless— it is satisfied that admission of the evidence is necessary to avoid grave injustice and there is sufficient reason that the evidence was not previously adduced; or the appellant and respondent agree to its admission.\n(sec.282-ssec.7) The determination of the Land Appeal Court on appeal shall be final and conclusive.\n- (a) lodging in the Land Court, written notice of appeal which shall include the grounds of appeal; and\n- (b) serving copies of the notice of appeal on the chief executive and each other party.\n- (a) vary the determination of the Land Court in such way as it thinks just; or\n- (b) disallow the appeal and confirm the determination of the Land Court;\n- (a) it is satisfied that admission of the evidence is necessary to avoid grave injustice and there is sufficient reason that the evidence was not previously adduced; or\n- (b) the appellant and respondent agree to its admission.","sortOrder":345},{"sectionNumber":"sec.282A","sectionType":"section","heading":"Security for costs of appeal","content":"### sec.282A Security for costs of appeal\n\nThis section applies when an appeal under section 282 is lodged.\nA further step can not be taken in the appeal until security for the costs of the appeal has been lodged under this section.\nThe registrar of the Land Court must, within 10 business days, decide the form and amount of the security.\nThe registrar must give the appellant written notice of the decision as soon as practicable after making it.\nThe appellant must lodge the security in the decided form and amount within 15 business days after the giving of the notice.\nIf the appellant does not comply with subsection (5) , the appeal lapses.\ns 282A ins 2007 No. 39 s 33\n(sec.282A-ssec.1) This section applies when an appeal under section 282 is lodged.\n(sec.282A-ssec.2) A further step can not be taken in the appeal until security for the costs of the appeal has been lodged under this section.\n(sec.282A-ssec.3) The registrar of the Land Court must, within 10 business days, decide the form and amount of the security.\n(sec.282A-ssec.4) The registrar must give the appellant written notice of the decision as soon as practicable after making it.\n(sec.282A-ssec.5) The appellant must lodge the security in the decided form and amount within 15 business days after the giving of the notice.\n(sec.282A-ssec.6) If the appellant does not comply with subsection (5) , the appeal lapses.","sortOrder":346},{"sectionNumber":"sec.283","sectionType":"section","heading":"Public trustee may act in certain circumstances","content":"### sec.283 Public trustee may act in certain circumstances\n\nIf there is doubt as to the identity of the owner of land or the owner of land can not be found, the Land Court may determine that the public trustee shall represent the owner for the purpose of any negotiation or proceeding under section 279 , 280 , 281 or 282 .\nAny action taken or thing done or omitted to be done by the public trustee as representative of the owner of land pursuant to subsection (1) shall be taken for all purposes to be taken, done or omitted by that owner.\nWhere, pursuant to subsection (1) the public trustee represents an owner of land, for the purposes of this part any moneys paid to the public trustee under any agreement or determination made under section 279 , 280 , 281 or 282 shall be deemed to have been paid to the owner.\ns 283 amd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch\n(sec.283-ssec.1) If there is doubt as to the identity of the owner of land or the owner of land can not be found, the Land Court may determine that the public trustee shall represent the owner for the purpose of any negotiation or proceeding under section 279 , 280 , 281 or 282 .\n(sec.283-ssec.2) Any action taken or thing done or omitted to be done by the public trustee as representative of the owner of land pursuant to subsection (1) shall be taken for all purposes to be taken, done or omitted by that owner.\n(sec.283-ssec.3) Where, pursuant to subsection (1) the public trustee represents an owner of land, for the purposes of this part any moneys paid to the public trustee under any agreement or determination made under section 279 , 280 , 281 or 282 shall be deemed to have been paid to the owner.","sortOrder":347},{"sectionNumber":"sec.283A","sectionType":"section","heading":"Agreement to amend compensation","content":"### sec.283A Agreement to amend compensation\n\nThis section applies if—\ncompensation (the original compensation ) has been agreed under section 279 or 280 for a mining lease; or\ncompensation (also the original compensation ) has been determined under section 281 or 282 for a mining lease and there has, since the determination, been a material change in circumstances for the lease.\na different mining method that changes the impact of mining operations under the lease\nThe mining lease holder and each owner in relation to the lease mentioned in section 279 (1) (a) or 280 (1) may, by signed writing, agree to amend the original compensation (the amendment agreement ).\nHowever, the amendment agreement does not take effect until it is filed with the registrar.\nAfter the amendment agreement takes effect, the original compensation, as amended by the agreement, is for this Act, other than this section, taken to be the original compensation.\ns 283A ins 2000 No. 64 s 146\n(sec.283A-ssec.1) This section applies if— compensation (the original compensation ) has been agreed under section 279 or 280 for a mining lease; or compensation (also the original compensation ) has been determined under section 281 or 282 for a mining lease and there has, since the determination, been a material change in circumstances for the lease. a different mining method that changes the impact of mining operations under the lease\n(sec.283A-ssec.2) The mining lease holder and each owner in relation to the lease mentioned in section 279 (1) (a) or 280 (1) may, by signed writing, agree to amend the original compensation (the amendment agreement ).\n(sec.283A-ssec.3) However, the amendment agreement does not take effect until it is filed with the registrar.\n(sec.283A-ssec.4) After the amendment agreement takes effect, the original compensation, as amended by the agreement, is for this Act, other than this section, taken to be the original compensation.\n- (a) compensation (the original compensation ) has been agreed under section 279 or 280 for a mining lease; or\n- (b) compensation (also the original compensation ) has been determined under section 281 or 282 for a mining lease and there has, since the determination, been a material change in circumstances for the lease. Example of a material change in circumstances— a different mining method that changes the impact of mining operations under the lease","sortOrder":348},{"sectionNumber":"sec.283B","sectionType":"section","heading":"Review of compensation by Land Court","content":"### sec.283B Review of compensation by Land Court\n\nThis section applies if—\ncompensation has been agreed under section 279 or 280 or determined under section 281 or 282 for a mining lease (the original compensation ); and\nthere has, since the agreement or determination, been a material change in circumstances for the mining lease.\na different mining method that changes the impact of mining operations under the lease\nThe mining lease holder or any owner in relation to the mining lease mentioned in section 279 (1) (a) or 280 (1) may apply to the Land Court for it to review the original compensation.\nThe mining lease holder and an owner in relation to the mining lease mentioned in section 279 (1) (a) or 280 (1) may also agree to participate in ADR under sections 283C to 283F to agree to amend the original compensation.\nSections 281 (3) to (7) , 282 and 282A apply, with necessary changes, to the review as if it were an application under section 281 (1) .\nThe Land Court may, after conducting the review, decide to confirm the original compensation or amend it in a way the Land Court considers appropriate.\nHowever, before making the decision, the Land Court must have regard to—\nthe original compensation, other than any part of it that consists of an additional amount under section 281 (4) (e) ; and\nwhether the applicant has attempted to mediate or negotiate an amendment agreement for the original compensation; and\nany change in the matters mentioned in section 281 (3) and (4) since the original compensation was agreed or determined.\nIf the decision is to amend the original compensation, the original compensation, as amended under the decision, is for this Act, other than this section, taken to be the original compensation.\ns 283B ins 2000 No. 64 s 146\namd 2007 No. 39 s 41 sch ; 2024 No. 33 s 137\n(sec.283B-ssec.1) This section applies if— compensation has been agreed under section 279 or 280 or determined under section 281 or 282 for a mining lease (the original compensation ); and there has, since the agreement or determination, been a material change in circumstances for the mining lease. a different mining method that changes the impact of mining operations under the lease\n(sec.283B-ssec.2) The mining lease holder or any owner in relation to the mining lease mentioned in section 279 (1) (a) or 280 (1) may apply to the Land Court for it to review the original compensation. The mining lease holder and an owner in relation to the mining lease mentioned in section 279 (1) (a) or 280 (1) may also agree to participate in ADR under sections 283C to 283F to agree to amend the original compensation.\n(sec.283B-ssec.3) Sections 281 (3) to (7) , 282 and 282A apply, with necessary changes, to the review as if it were an application under section 281 (1) .\n(sec.283B-ssec.4) The Land Court may, after conducting the review, decide to confirm the original compensation or amend it in a way the Land Court considers appropriate.\n(sec.283B-ssec.5) However, before making the decision, the Land Court must have regard to— the original compensation, other than any part of it that consists of an additional amount under section 281 (4) (e) ; and whether the applicant has attempted to mediate or negotiate an amendment agreement for the original compensation; and any change in the matters mentioned in section 281 (3) and (4) since the original compensation was agreed or determined.\n(sec.283B-ssec.6) If the decision is to amend the original compensation, the original compensation, as amended under the decision, is for this Act, other than this section, taken to be the original compensation.\n- (a) compensation has been agreed under section 279 or 280 or determined under section 281 or 282 for a mining lease (the original compensation ); and\n- (b) there has, since the agreement or determination, been a material change in circumstances for the mining lease. Example of a material change in circumstances— a different mining method that changes the impact of mining operations under the lease\n- (a) the original compensation, other than any part of it that consists of an additional amount under section 281 (4) (e) ; and\n- (b) whether the applicant has attempted to mediate or negotiate an amendment agreement for the original compensation; and\n- (c) any change in the matters mentioned in section 281 (3) and (4) since the original compensation was agreed or determined.","sortOrder":349},{"sectionNumber":"sec.283C","sectionType":"section","heading":"Party may seek ADR","content":"### sec.283C Party may seek ADR\n\nThis section applies if a dispute arises between an applicant for the grant of a mining lease or a mining lease holder and an owner in relation to the lease mentioned in section 279 (1) (a) or 280 (1) (the parties ) about—\nthe determination of an amount of compensation for section 279 (1) (a) or 280 (1) ; or\nthe amendment of an agreement or determination about compensation under section 283A .\nEither party may give a notice (an ADR election notice ) to the other party asking the other party to participate in ADR to seek to negotiate a resolution of the dispute.\nThe ADR election notice must state—\ndetails of the matters the subject of the dispute; and\nthe type of ADR proposed; and\nthe name of an ADR facilitator, who is independent of both parties, proposed to conduct the ADR; and\nthat the applicant or mining lease holder is liable for the costs of the ADR facilitator; and\nany other information prescribed by regulation.\nA party given an ADR election notice must, within 10 business days after the notice is given, accept or refuse the request for ADR.\nIf a party given an ADR election notice does not accept the request for ADR within 10 business days after the notice is given, the party is taken to refuse the request.\nIf the request for ADR is accepted under subsection (4) , the parties may, within 10 business days after the acceptance, jointly appoint the ADR facilitator proposed in the ADR election notice, or another ADR facilitator, to conduct the ADR.\ns 283C ins 2024 No. 33 s 138\n(sec.283C-ssec.1) This section applies if a dispute arises between an applicant for the grant of a mining lease or a mining lease holder and an owner in relation to the lease mentioned in section 279 (1) (a) or 280 (1) (the parties ) about— the determination of an amount of compensation for section 279 (1) (a) or 280 (1) ; or the amendment of an agreement or determination about compensation under section 283A .\n(sec.283C-ssec.2) Either party may give a notice (an ADR election notice ) to the other party asking the other party to participate in ADR to seek to negotiate a resolution of the dispute.\n(sec.283C-ssec.3) The ADR election notice must state— details of the matters the subject of the dispute; and the type of ADR proposed; and the name of an ADR facilitator, who is independent of both parties, proposed to conduct the ADR; and that the applicant or mining lease holder is liable for the costs of the ADR facilitator; and any other information prescribed by regulation.\n(sec.283C-ssec.4) A party given an ADR election notice must, within 10 business days after the notice is given, accept or refuse the request for ADR.\n(sec.283C-ssec.5) If a party given an ADR election notice does not accept the request for ADR within 10 business days after the notice is given, the party is taken to refuse the request.\n(sec.283C-ssec.6) If the request for ADR is accepted under subsection (4) , the parties may, within 10 business days after the acceptance, jointly appoint the ADR facilitator proposed in the ADR election notice, or another ADR facilitator, to conduct the ADR.\n- (a) the determination of an amount of compensation for section 279 (1) (a) or 280 (1) ; or\n- (b) the amendment of an agreement or determination about compensation under section 283A .\n- (a) details of the matters the subject of the dispute; and\n- (b) the type of ADR proposed; and\n- (c) the name of an ADR facilitator, who is independent of both parties, proposed to conduct the ADR; and\n- (d) that the applicant or mining lease holder is liable for the costs of the ADR facilitator; and\n- (e) any other information prescribed by regulation.","sortOrder":350},{"sectionNumber":"sec.283D","sectionType":"section","heading":"Conduct of ADR","content":"### sec.283D Conduct of ADR\n\nThis section applies if a request for ADR is accepted under section 283C (4) .\nThe parties must use all reasonable endeavours to negotiate a resolution of the dispute within 30 business days after the ADR facilitator is appointed (the usual period ).\nA party may, within the usual period, ask the other party for a longer period because of stated reasonable or unforeseen circumstances.\nIf the parties agree to a longer period, and the ADR facilitator consents to the longer period, the longer period applies instead of the usual period.\nThe applicant or mining lease holder is liable for the costs of the ADR facilitator.\ns 283D ins 2024 No. 33 s 138\n(sec.283D-ssec.1) This section applies if a request for ADR is accepted under section 283C (4) .\n(sec.283D-ssec.2) The parties must use all reasonable endeavours to negotiate a resolution of the dispute within 30 business days after the ADR facilitator is appointed (the usual period ).\n(sec.283D-ssec.3) A party may, within the usual period, ask the other party for a longer period because of stated reasonable or unforeseen circumstances.\n(sec.283D-ssec.4) If the parties agree to a longer period, and the ADR facilitator consents to the longer period, the longer period applies instead of the usual period.\n(sec.283D-ssec.5) The applicant or mining lease holder is liable for the costs of the ADR facilitator.","sortOrder":351},{"sectionNumber":"sec.283E","sectionType":"section","heading":"Non-attendance at ADR","content":"### sec.283E Non-attendance at ADR\n\nThis section applies if—\na party who accepts a request for ADR (the non-attending party ) does not attend the ADR; and\nanother party (the attending party ) attends the ADR.\nThe non-attending party is liable to pay the attending party’s reasonable costs of attending.\nThe attending party may apply to the Land Court for an order requiring the payment of the costs.\nThe Land Court may order the payment of the costs only if the Court is satisfied the non-attending party did not have a reasonable excuse for not attending.\ns 283E ins 2024 No. 33 s 138\n(sec.283E-ssec.1) This section applies if— a party who accepts a request for ADR (the non-attending party ) does not attend the ADR; and another party (the attending party ) attends the ADR.\n(sec.283E-ssec.2) The non-attending party is liable to pay the attending party’s reasonable costs of attending.\n(sec.283E-ssec.3) The attending party may apply to the Land Court for an order requiring the payment of the costs.\n(sec.283E-ssec.4) The Land Court may order the payment of the costs only if the Court is satisfied the non-attending party did not have a reasonable excuse for not attending.\n- (a) a party who accepts a request for ADR (the non-attending party ) does not attend the ADR; and\n- (b) another party (the attending party ) attends the ADR.","sortOrder":352},{"sectionNumber":"sec.283F","sectionType":"section","heading":"Protection, immunity and confidentiality","content":"### sec.283F Protection, immunity and confidentiality\n\nThe Civil Proceedings Act 2011 , part 6 , division 5 applies to ADR conducted by an ADR facilitator under section 283D as if—\na reference to an ADR process included a reference to the ADR; and\na reference to an ADR convenor included a reference to the ADR facilitator.\nSee the Civil Proceedings Act 2011 , section 53 , in relation to the admissibility of evidence of anything done or said, or an admission made, at ADR, without the agreement of the parties.\ns 283F ins 2024 No. 33 s 138\n- (a) a reference to an ADR process included a reference to the ADR; and\n- (b) a reference to an ADR convenor included a reference to the ADR facilitator.","sortOrder":353},{"sectionNumber":"sec.284","sectionType":"section","heading":"Initial term of mining lease","content":"### sec.284 Initial term of mining lease\n\nThe initial term of a mining lease is the period approved by the Minister, unless the lease is sooner terminated.\nDespite subsection (1) , the term of the mining lease must not be for a period longer than the period for which compensation has been agreed or determined under section 279 , 281 or 282 .\nThe initial term of a mining lease commences on the first day of the month that next follows the day the mining lease is granted.\nFrom the grant of a mining lease to the commencement of the initial term thereof the holder shall have all the entitlements, powers, duties and functions that the holder has during the term of the lease except section 290 shall not apply.\ns 284 amd 2012 No. 20 s 199\n(sec.284-ssec.1) The initial term of a mining lease is the period approved by the Minister, unless the lease is sooner terminated.\n(sec.284-ssec.2) Despite subsection (1) , the term of the mining lease must not be for a period longer than the period for which compensation has been agreed or determined under section 279 , 281 or 282 .\n(sec.284-ssec.3) The initial term of a mining lease commences on the first day of the month that next follows the day the mining lease is granted.\n(sec.284-ssec.4) From the grant of a mining lease to the commencement of the initial term thereof the holder shall have all the entitlements, powers, duties and functions that the holder has during the term of the lease except section 290 shall not apply.","sortOrder":354},{"sectionNumber":"sec.285","sectionType":"section","heading":"Mining lease may be specified it is not renewable","content":"### sec.285 Mining lease may be specified it is not renewable\n\nSubsection (2) applies if the Minister is satisfied the land the subject of an application for grant or renewal of a mining lease is, or will be, required for some purpose other than mining.\nThe Minister may grant the lease or renewal subject to a condition that the holder is not entitled to have the mining lease renewed or further renewed.\nIf a mining lease is granted or renewed subject to a condition mentioned in subsection (2) —\nthe Minister must give written notice of the reasons for the decision; and\nthe chief executive must record in the register the details of the condition.\ns 285 amd 2010 No. 17 s 54 ; 2011 No. 2 s 65 ; 2012 No. 20 s 200 ; 2013 No. 10 s 193 sch 1 ; 2018 No. 24 s 119\n(sec.285-ssec.1) Subsection (2) applies if the Minister is satisfied the land the subject of an application for grant or renewal of a mining lease is, or will be, required for some purpose other than mining.\n(sec.285-ssec.2) The Minister may grant the lease or renewal subject to a condition that the holder is not entitled to have the mining lease renewed or further renewed.\n(sec.285-ssec.3) If a mining lease is granted or renewed subject to a condition mentioned in subsection (2) — the Minister must give written notice of the reasons for the decision; and the chief executive must record in the register the details of the condition.\n- (a) the Minister must give written notice of the reasons for the decision; and\n- (b) the chief executive must record in the register the details of the condition.","sortOrder":355},{"sectionNumber":"sec.286","sectionType":"section","heading":"Application for renewal of mining lease","content":"### sec.286 Application for renewal of mining lease\n\nThe holder of a mining lease, including a lease subject to a condition mentioned in section 285 , may, within the renewal period, apply to the Minister for a renewal of the lease by lodging an application with the chief executive.\nThe application must be—\nmade in the approved form; and\naccompanied by the fee prescribed under a regulation; and\naccompanied by a statement about the following matters—\nthe term for which the mining lease is to be renewed;\nthe reason for seeking the renewal;\nif the lease was granted for a purpose mentioned in section 234 (1) (a) —whether the area the subject of the application contains workable quantities of mineral or mineral bearing ore;\nif the lease was granted for a purpose mentioned in section 234 (1) (b) —the particular purpose for which the renewal is sought;\nif a mining program is proposed to be carried out under the renewed lease—the proposed mining program and its method of operation;\nwhether the operations to be carried on during the term of the renewed lease are an appropriate land use and will conform with sound land use management;\nwhether the land and surface area in relation to which the renewal is sought is of an appropriate size and shape for the activities proposed to be carried out under the renewed lease;\nthe financial and technical resources available to the applicant to carry on mining operations under the renewed lease;\nin relation to the parcels of land the whole or part of which are the subject of the application—\na description of the parcels of land; and\nthe current use of the land; and\nthe name and address of the owner of the land (the primary land ) and the name and address of any other land which may be used to access the primary land.\nWithin 5 business days after the application is made, the holder must—\ngive a copy of the application and of any documents or information prescribed by regulation to the following persons (each an interested party )—\neach owner of land the subject of the mining lease;\neach owner of land outside the boundary of the area of the mining lease the holder intends to use to access the area of the mining lease; and\nif, in relation to the grant or renewal of the mining lease, an agreement for compensation has been made with an interested party under section 279 or a determination of compensation for an interested party has been made under section 281 —give a copy of the most recent agreement or determination to the interested party.\nFor subsection (3) , the application given to an interested party need not include—\ninformation that may disclose the holder’s financial and technical resources; or\ninformation that has a commercial or other value that would be, or could be expected to be, destroyed or diminished if the information were disclosed.\nIn this section—\nrenewal period means the period that is—\nat least 6 months, or any shorter period allowed by the Minister in the particular case, before the current term of the lease expires; and\nnot more than 1 year before the current term expires.\ns 286 amd 1994 No. 18 s 4 (retro); 1995 No. 21 ss 80 , 3 sch ; 1999 No. 35 s 43 ; 2000 No. 64 ss 147 , 174 sch\nsub 2005 No. 8 s 32\namd 2008 No. 33 s 96 ; 2009 No. 16 s 57 ; 2013 No. 10 s 193 sch 1 ; 2018 No. 24 s 120\n(sec.286-ssec.1) The holder of a mining lease, including a lease subject to a condition mentioned in section 285 , may, within the renewal period, apply to the Minister for a renewal of the lease by lodging an application with the chief executive.\n(sec.286-ssec.2) The application must be— made in the approved form; and accompanied by the fee prescribed under a regulation; and accompanied by a statement about the following matters— the term for which the mining lease is to be renewed; the reason for seeking the renewal; if the lease was granted for a purpose mentioned in section 234 (1) (a) —whether the area the subject of the application contains workable quantities of mineral or mineral bearing ore; if the lease was granted for a purpose mentioned in section 234 (1) (b) —the particular purpose for which the renewal is sought; if a mining program is proposed to be carried out under the renewed lease—the proposed mining program and its method of operation; whether the operations to be carried on during the term of the renewed lease are an appropriate land use and will conform with sound land use management; whether the land and surface area in relation to which the renewal is sought is of an appropriate size and shape for the activities proposed to be carried out under the renewed lease; the financial and technical resources available to the applicant to carry on mining operations under the renewed lease; in relation to the parcels of land the whole or part of which are the subject of the application— a description of the parcels of land; and the current use of the land; and the name and address of the owner of the land (the primary land ) and the name and address of any other land which may be used to access the primary land.\n(sec.286-ssec.3) Within 5 business days after the application is made, the holder must— give a copy of the application and of any documents or information prescribed by regulation to the following persons (each an interested party )— each owner of land the subject of the mining lease; each owner of land outside the boundary of the area of the mining lease the holder intends to use to access the area of the mining lease; and if, in relation to the grant or renewal of the mining lease, an agreement for compensation has been made with an interested party under section 279 or a determination of compensation for an interested party has been made under section 281 —give a copy of the most recent agreement or determination to the interested party.\n(sec.286-ssec.4) For subsection (3) , the application given to an interested party need not include— information that may disclose the holder’s financial and technical resources; or information that has a commercial or other value that would be, or could be expected to be, destroyed or diminished if the information were disclosed.\n(sec.286-ssec.5) In this section— renewal period means the period that is— at least 6 months, or any shorter period allowed by the Minister in the particular case, before the current term of the lease expires; and not more than 1 year before the current term expires.\n- (a) made in the approved form; and\n- (b) accompanied by the fee prescribed under a regulation; and\n- (c) accompanied by a statement about the following matters— (i) the term for which the mining lease is to be renewed; (ii) the reason for seeking the renewal; (iii) if the lease was granted for a purpose mentioned in section 234 (1) (a) —whether the area the subject of the application contains workable quantities of mineral or mineral bearing ore; (iv) if the lease was granted for a purpose mentioned in section 234 (1) (b) —the particular purpose for which the renewal is sought; (v) if a mining program is proposed to be carried out under the renewed lease—the proposed mining program and its method of operation; (vi) whether the operations to be carried on during the term of the renewed lease are an appropriate land use and will conform with sound land use management; (vii) whether the land and surface area in relation to which the renewal is sought is of an appropriate size and shape for the activities proposed to be carried out under the renewed lease; (viii) the financial and technical resources available to the applicant to carry on mining operations under the renewed lease; (ix) in relation to the parcels of land the whole or part of which are the subject of the application— (A) a description of the parcels of land; and (B) the current use of the land; and (C) the name and address of the owner of the land (the primary land ) and the name and address of any other land which may be used to access the primary land.\n- (i) the term for which the mining lease is to be renewed;\n- (ii) the reason for seeking the renewal;\n- (iii) if the lease was granted for a purpose mentioned in section 234 (1) (a) —whether the area the subject of the application contains workable quantities of mineral or mineral bearing ore;\n- (iv) if the lease was granted for a purpose mentioned in section 234 (1) (b) —the particular purpose for which the renewal is sought;\n- (v) if a mining program is proposed to be carried out under the renewed lease—the proposed mining program and its method of operation;\n- (vi) whether the operations to be carried on during the term of the renewed lease are an appropriate land use and will conform with sound land use management;\n- (vii) whether the land and surface area in relation to which the renewal is sought is of an appropriate size and shape for the activities proposed to be carried out under the renewed lease;\n- (viii) the financial and technical resources available to the applicant to carry on mining operations under the renewed lease;\n- (ix) in relation to the parcels of land the whole or part of which are the subject of the application— (A) a description of the parcels of land; and (B) the current use of the land; and (C) the name and address of the owner of the land (the primary land ) and the name and address of any other land which may be used to access the primary land.\n- (A) a description of the parcels of land; and\n- (B) the current use of the land; and\n- (C) the name and address of the owner of the land (the primary land ) and the name and address of any other land which may be used to access the primary land.\n- (i) the term for which the mining lease is to be renewed;\n- (ii) the reason for seeking the renewal;\n- (iii) if the lease was granted for a purpose mentioned in section 234 (1) (a) —whether the area the subject of the application contains workable quantities of mineral or mineral bearing ore;\n- (iv) if the lease was granted for a purpose mentioned in section 234 (1) (b) —the particular purpose for which the renewal is sought;\n- (v) if a mining program is proposed to be carried out under the renewed lease—the proposed mining program and its method of operation;\n- (vi) whether the operations to be carried on during the term of the renewed lease are an appropriate land use and will conform with sound land use management;\n- (vii) whether the land and surface area in relation to which the renewal is sought is of an appropriate size and shape for the activities proposed to be carried out under the renewed lease;\n- (viii) the financial and technical resources available to the applicant to carry on mining operations under the renewed lease;\n- (ix) in relation to the parcels of land the whole or part of which are the subject of the application— (A) a description of the parcels of land; and (B) the current use of the land; and (C) the name and address of the owner of the land (the primary land ) and the name and address of any other land which may be used to access the primary land.\n- (A) a description of the parcels of land; and\n- (B) the current use of the land; and\n- (C) the name and address of the owner of the land (the primary land ) and the name and address of any other land which may be used to access the primary land.\n- (A) a description of the parcels of land; and\n- (B) the current use of the land; and\n- (C) the name and address of the owner of the land (the primary land ) and the name and address of any other land which may be used to access the primary land.\n- (a) give a copy of the application and of any documents or information prescribed by regulation to the following persons (each an interested party )— (i) each owner of land the subject of the mining lease; (ii) each owner of land outside the boundary of the area of the mining lease the holder intends to use to access the area of the mining lease; and\n- (i) each owner of land the subject of the mining lease;\n- (ii) each owner of land outside the boundary of the area of the mining lease the holder intends to use to access the area of the mining lease; and\n- (b) if, in relation to the grant or renewal of the mining lease, an agreement for compensation has been made with an interested party under section 279 or a determination of compensation for an interested party has been made under section 281 —give a copy of the most recent agreement or determination to the interested party.\n- (i) each owner of land the subject of the mining lease;\n- (ii) each owner of land outside the boundary of the area of the mining lease the holder intends to use to access the area of the mining lease; and\n- (a) information that may disclose the holder’s financial and technical resources; or\n- (b) information that has a commercial or other value that would be, or could be expected to be, destroyed or diminished if the information were disclosed.\n- (a) at least 6 months, or any shorter period allowed by the Minister in the particular case, before the current term of the lease expires; and\n- (b) not more than 1 year before the current term expires.","sortOrder":356},{"sectionNumber":"sec.7.43A","sectionType":"section","heading":null,"content":"### Section sec.7.43A\n\ns 7.43A ins 1994 No. 18 s 5\nexp 11 May 1994 (see s 7.43A(3))","sortOrder":357},{"sectionNumber":"sec.286AA","sectionType":"section","heading":"Additional requirements for application for renewal of particular mining leases for prescribed minerals","content":"### sec.286AA Additional requirements for application for renewal of particular mining leases for prescribed minerals\n\nThis section applies to an application—\nfor the renewal of a prescribed mineral mining lease; or\nfor the renewal of another mining lease for a prescribed mineral if—\nthe holder proposes to mine a threshold amount of the prescribed mineral under the renewed lease in a lease year, in any 1 or more of the first 5 lease years for the renewed lease; or\nthe renewed lease is part of a mining project and the holder proposes to mine a threshold amount of the prescribed mineral under the mining project in a lease year, in any 1 or more of the first 5 lease years for the renewed lease.\nIf the application is for the renewal of a prescribed mineral mining lease, the application must—\nstate whether the current development plan for the lease has been complied with; and\nif the development plan has not been complied with—state details of, and reasons for, each noncompliance; and\ninclude a proposed later development plan for the renewed lease that complies with the later development plan requirements.\nSee section 317Q for the later development plan requirements.\nIf the application is an application mentioned in subsection (1) (b) , the application must include a proposed development plan that complies with the initial development plan requirements for the renewed lease.\nSee section 317K for the initial development plan requirements.\nThe application can not be made after the mining lease has ended.\nIf the application is made less than 6 months before the end of the term of the mining lease, the application must be accompanied by an amount that is 10 times the renewal fee prescribed under section 286 (2) (b) .\ns 286AA prev s 286AA ins 2008 No. 33 s 97\namd 2008 No. 56 s 60\nom 2012 No. 20 s 201\npres s 286AA ins 2020 No. 14 s 135\n(sec.286AA-ssec.1) This section applies to an application— for the renewal of a prescribed mineral mining lease; or for the renewal of another mining lease for a prescribed mineral if— the holder proposes to mine a threshold amount of the prescribed mineral under the renewed lease in a lease year, in any 1 or more of the first 5 lease years for the renewed lease; or the renewed lease is part of a mining project and the holder proposes to mine a threshold amount of the prescribed mineral under the mining project in a lease year, in any 1 or more of the first 5 lease years for the renewed lease.\n(sec.286AA-ssec.2) If the application is for the renewal of a prescribed mineral mining lease, the application must— state whether the current development plan for the lease has been complied with; and if the development plan has not been complied with—state details of, and reasons for, each noncompliance; and include a proposed later development plan for the renewed lease that complies with the later development plan requirements. See section 317Q for the later development plan requirements.\n(sec.286AA-ssec.3) If the application is an application mentioned in subsection (1) (b) , the application must include a proposed development plan that complies with the initial development plan requirements for the renewed lease. See section 317K for the initial development plan requirements.\n(sec.286AA-ssec.4) The application can not be made after the mining lease has ended.\n(sec.286AA-ssec.5) If the application is made less than 6 months before the end of the term of the mining lease, the application must be accompanied by an amount that is 10 times the renewal fee prescribed under section 286 (2) (b) .\n- (a) for the renewal of a prescribed mineral mining lease; or\n- (b) for the renewal of another mining lease for a prescribed mineral if— (i) the holder proposes to mine a threshold amount of the prescribed mineral under the renewed lease in a lease year, in any 1 or more of the first 5 lease years for the renewed lease; or (ii) the renewed lease is part of a mining project and the holder proposes to mine a threshold amount of the prescribed mineral under the mining project in a lease year, in any 1 or more of the first 5 lease years for the renewed lease.\n- (i) the holder proposes to mine a threshold amount of the prescribed mineral under the renewed lease in a lease year, in any 1 or more of the first 5 lease years for the renewed lease; or\n- (ii) the renewed lease is part of a mining project and the holder proposes to mine a threshold amount of the prescribed mineral under the mining project in a lease year, in any 1 or more of the first 5 lease years for the renewed lease.\n- (i) the holder proposes to mine a threshold amount of the prescribed mineral under the renewed lease in a lease year, in any 1 or more of the first 5 lease years for the renewed lease; or\n- (ii) the renewed lease is part of a mining project and the holder proposes to mine a threshold amount of the prescribed mineral under the mining project in a lease year, in any 1 or more of the first 5 lease years for the renewed lease.\n- (a) state whether the current development plan for the lease has been complied with; and\n- (b) if the development plan has not been complied with—state details of, and reasons for, each noncompliance; and\n- (c) include a proposed later development plan for the renewed lease that complies with the later development plan requirements. Note— See section 317Q for the later development plan requirements.","sortOrder":358},{"sectionNumber":"sec.286A","sectionType":"section","heading":"Decision on application","content":"### sec.286A Decision on application\n\nThe Minister may grant an application for the renewal of a mining lease if satisfied of each of the following—\nthe holder has complied with—\nthe terms of the lease; and\nthis Act in relation to the lease;\nthe area of the lease—\nstill contains workable quantities of mineral or mineral bearing ore; or\nis otherwise required for purposes for which the lease was granted;\nthe proposed term of the renewed lease is appropriate;\nhaving regard to the current and prospective uses of the area of the lease, the operations to be carried on during the renewed term of the lease—\nare an appropriate land use; and\nwill conform with sound land use management;\nthe land and surface area for which the renewal is sought is of an appropriate size and shape in relation to the activities proposed to be carried out;\nthe financial and technical resources available to the holder to carry on mining operations under the renewed lease are appropriate;\nthe public interest will not be adversely affected by the renewal;\nfor a lease subject to a condition mentioned in section 285 —the lease should be renewed.\nIf the application relates to acquired land, see also section 10AAC .\nSubsection (3) applies if—\nthe application relates to land that is the surface of a reserve; and\nthe Governor in Council’s consent was given to the grant of the mining lease; and\nthe owner of the reserve does not give written consent to the renewal.\nDespite subsection (1) , the Minister can not grant the application if the Governor in Council has not consented to the renewal.\nIf the application is 1 of the following, the Minister may grant the application only if the holder’s proposed development plan for the renewed mining lease is approved—\nan application for renewal of a mining lease for a prescribed mineral that, under section 286AA (3) , is required to include a proposed development plan for the renewed lease;\nan application for renewal of a coal mining lease;\nan application for renewal of an oil shale mining lease.\nSee part 1A , division 3 , and chapter 8 , part 9 , division 3 , for provisions about the approval of proposed development plans for mining leases.\nThe renewal may be granted for the further term, decided by the Minister, that is not longer than the period for which compensation has been agreed or determined under section 279 , 281 or 282 .\nThe renewed lease is subject to—\nany conditions prescribed under a regulation; and\nany conditions decided by the Minister.\nWithout limiting subsection (5) , the Minister may decide a condition of the renewed lease if the Minister considers the condition is in the public interest.\nThe Minister may refuse the application if the Minister—\nhas served on the holder a notice in the approved form asking the holder to show cause, within the period stated in the notice, why the application should not be refused; and\nafter considering the holder’s response, is satisfied the application should be refused.\nWithout limiting subsection (7) (b) , the Minister may refuse the renewal if the Minister considers the renewal is not in the public interest.\nWithout limiting subsection (7) (b) , the Minister may also refuse the renewal if—\ncompensation is to be determined as mentioned in section 279 (1) (a) for the renewal of the mining lease; and\nthe compensation is not determined within 3 months after the current term of the lease would, apart from section 286C , end; and\nan application has not been made to the Land Court under section 281 .\nAs soon as practicable after deciding the application, the Minister must give the holder a written notice stating—\nthe decision; and\nif the decision is to grant the renewal on conditions or refuse the renewal—the reasons for the decision.\ns 286A ins 2005 No. 8 s 32\namd 2008 No. 56 s 61 ; 2012 No. 20 ss 61 , 202 , 125 sch 1 , s 323 sch 3 ; 2014 No. 47 s 475 ; 2018 No. 24 s 121 ; 2020 No. 14 s 136\n(sec.286A-ssec.1) The Minister may grant an application for the renewal of a mining lease if satisfied of each of the following— the holder has complied with— the terms of the lease; and this Act in relation to the lease; the area of the lease— still contains workable quantities of mineral or mineral bearing ore; or is otherwise required for purposes for which the lease was granted; the proposed term of the renewed lease is appropriate; having regard to the current and prospective uses of the area of the lease, the operations to be carried on during the renewed term of the lease— are an appropriate land use; and will conform with sound land use management; the land and surface area for which the renewal is sought is of an appropriate size and shape in relation to the activities proposed to be carried out; the financial and technical resources available to the holder to carry on mining operations under the renewed lease are appropriate; the public interest will not be adversely affected by the renewal; for a lease subject to a condition mentioned in section 285 —the lease should be renewed. If the application relates to acquired land, see also section 10AAC .\n(sec.286A-ssec.2) Subsection (3) applies if— the application relates to land that is the surface of a reserve; and the Governor in Council’s consent was given to the grant of the mining lease; and the owner of the reserve does not give written consent to the renewal.\n(sec.286A-ssec.3) Despite subsection (1) , the Minister can not grant the application if the Governor in Council has not consented to the renewal.\n(sec.286A-ssec.3A) If the application is 1 of the following, the Minister may grant the application only if the holder’s proposed development plan for the renewed mining lease is approved— an application for renewal of a mining lease for a prescribed mineral that, under section 286AA (3) , is required to include a proposed development plan for the renewed lease; an application for renewal of a coal mining lease; an application for renewal of an oil shale mining lease. See part 1A , division 3 , and chapter 8 , part 9 , division 3 , for provisions about the approval of proposed development plans for mining leases.\n(sec.286A-ssec.4) The renewal may be granted for the further term, decided by the Minister, that is not longer than the period for which compensation has been agreed or determined under section 279 , 281 or 282 .\n(sec.286A-ssec.5) The renewed lease is subject to— any conditions prescribed under a regulation; and any conditions decided by the Minister.\n(sec.286A-ssec.6) Without limiting subsection (5) , the Minister may decide a condition of the renewed lease if the Minister considers the condition is in the public interest.\n(sec.286A-ssec.7) The Minister may refuse the application if the Minister— has served on the holder a notice in the approved form asking the holder to show cause, within the period stated in the notice, why the application should not be refused; and after considering the holder’s response, is satisfied the application should be refused.\n(sec.286A-ssec.8) Without limiting subsection (7) (b) , the Minister may refuse the renewal if the Minister considers the renewal is not in the public interest.\n(sec.286A-ssec.9) Without limiting subsection (7) (b) , the Minister may also refuse the renewal if— compensation is to be determined as mentioned in section 279 (1) (a) for the renewal of the mining lease; and the compensation is not determined within 3 months after the current term of the lease would, apart from section 286C , end; and an application has not been made to the Land Court under section 281 .\n(sec.286A-ssec.10) As soon as practicable after deciding the application, the Minister must give the holder a written notice stating— the decision; and if the decision is to grant the renewal on conditions or refuse the renewal—the reasons for the decision.\n- (a) the holder has complied with— (i) the terms of the lease; and (ii) this Act in relation to the lease;\n- (i) the terms of the lease; and\n- (ii) this Act in relation to the lease;\n- (b) the area of the lease— (i) still contains workable quantities of mineral or mineral bearing ore; or (ii) is otherwise required for purposes for which the lease was granted;\n- (i) still contains workable quantities of mineral or mineral bearing ore; or\n- (ii) is otherwise required for purposes for which the lease was granted;\n- (c) the proposed term of the renewed lease is appropriate;\n- (d) having regard to the current and prospective uses of the area of the lease, the operations to be carried on during the renewed term of the lease— (i) are an appropriate land use; and (ii) will conform with sound land use management;\n- (i) are an appropriate land use; and\n- (ii) will conform with sound land use management;\n- (e) the land and surface area for which the renewal is sought is of an appropriate size and shape in relation to the activities proposed to be carried out;\n- (f) the financial and technical resources available to the holder to carry on mining operations under the renewed lease are appropriate;\n- (g) the public interest will not be adversely affected by the renewal;\n- (h) for a lease subject to a condition mentioned in section 285 —the lease should be renewed.\n- (i) the terms of the lease; and\n- (ii) this Act in relation to the lease;\n- (i) still contains workable quantities of mineral or mineral bearing ore; or\n- (ii) is otherwise required for purposes for which the lease was granted;\n- (i) are an appropriate land use; and\n- (ii) will conform with sound land use management;\n- (a) the application relates to land that is the surface of a reserve; and\n- (b) the Governor in Council’s consent was given to the grant of the mining lease; and\n- (c) the owner of the reserve does not give written consent to the renewal.\n- (a) an application for renewal of a mining lease for a prescribed mineral that, under section 286AA (3) , is required to include a proposed development plan for the renewed lease;\n- (b) an application for renewal of a coal mining lease;\n- (c) an application for renewal of an oil shale mining lease.\n- (a) any conditions prescribed under a regulation; and\n- (b) any conditions decided by the Minister.\n- (a) has served on the holder a notice in the approved form asking the holder to show cause, within the period stated in the notice, why the application should not be refused; and\n- (b) after considering the holder’s response, is satisfied the application should be refused.\n- (a) compensation is to be determined as mentioned in section 279 (1) (a) for the renewal of the mining lease; and\n- (b) the compensation is not determined within 3 months after the current term of the lease would, apart from section 286C , end; and\n- (c) an application has not been made to the Land Court under section 281 .\n- (a) the decision; and\n- (b) if the decision is to grant the renewal on conditions or refuse the renewal—the reasons for the decision.","sortOrder":359},{"sectionNumber":"sec.286B","sectionType":"section","heading":null,"content":"### Section sec.286B\n\ns 286B ins 2005 No. 8 s 32\nsub 2007 No. 46 s 70\nom 2012 No. 20 s 281","sortOrder":360},{"sectionNumber":"sec.286C","sectionType":"section","heading":"Continuation of lease while application being dealt with","content":"### sec.286C Continuation of lease while application being dealt with\n\nThis section applies if—\na properly made application for renewal of a mining lease is not withdrawn, refused or granted before the lease’s expiry day ends; and\nafter the expiry day, the holder—\ncontinues to pay rental on the lease and other amounts required to be paid under this Act; and\notherwise complies with this Act and the lease conditions.\nThe lease continues in force subject to the rights, entitlements and obligations in effect immediately before the end of the expiry day until the application is withdrawn, refused or granted.\nIf the application is for renewal of a prescribed mineral mining lease, the mining lease is taken to have a development plan—\nwhile the lease continues in force under subsection (2) ; and\neven if the plan period for the current development plan ends.\ns 286C ins 2005 No. 8 s 32\namd 2020 No. 14 s 137\n(sec.286C-ssec.1) This section applies if— a properly made application for renewal of a mining lease is not withdrawn, refused or granted before the lease’s expiry day ends; and after the expiry day, the holder— continues to pay rental on the lease and other amounts required to be paid under this Act; and otherwise complies with this Act and the lease conditions.\n(sec.286C-ssec.2) The lease continues in force subject to the rights, entitlements and obligations in effect immediately before the end of the expiry day until the application is withdrawn, refused or granted.\n(sec.286C-ssec.3) If the application is for renewal of a prescribed mineral mining lease, the mining lease is taken to have a development plan— while the lease continues in force under subsection (2) ; and even if the plan period for the current development plan ends.\n- (a) a properly made application for renewal of a mining lease is not withdrawn, refused or granted before the lease’s expiry day ends; and\n- (b) after the expiry day, the holder— (i) continues to pay rental on the lease and other amounts required to be paid under this Act; and (ii) otherwise complies with this Act and the lease conditions.\n- (i) continues to pay rental on the lease and other amounts required to be paid under this Act; and\n- (ii) otherwise complies with this Act and the lease conditions.\n- (i) continues to pay rental on the lease and other amounts required to be paid under this Act; and\n- (ii) otherwise complies with this Act and the lease conditions.\n- (a) while the lease continues in force under subsection (2) ; and\n- (b) even if the plan period for the current development plan ends.","sortOrder":361},{"sectionNumber":"sec.286D","sectionType":"section","heading":"When term of renewed lease starts","content":"### sec.286D When term of renewed lease starts\n\nIf a mining lease is renewed before its expiry day ends, the term of the renewed lease starts on the day after the expiry day.\nIf the lease is renewed after the expiry day, the term of the renewed lease is taken to have started on the day after the expiry day.\ns 286D ins 2005 No. 8 s 32\n(sec.286D-ssec.1) If a mining lease is renewed before its expiry day ends, the term of the renewed lease starts on the day after the expiry day.\n(sec.286D-ssec.2) If the lease is renewed after the expiry day, the term of the renewed lease is taken to have started on the day after the expiry day.","sortOrder":362},{"sectionNumber":"sec.286E","sectionType":"section","heading":"When new conditions of renewed lease start","content":"### sec.286E When new conditions of renewed lease start\n\nIf a renewed mining lease is subject to conditions (the new conditions ) different from, or not included in, the lease conditions applying immediately before its renewal, the new conditions apply from the later of the following—\nthe start of the term of the renewed lease;\nthe day the renewal is granted.\nHowever, if the lease is continued in force under section 286C , the holder must pay rental on the lease from the day after its expiry day at the rate that would have been payable, from time to time, if the renewed mining lease had been renewed on the day after the expiry day.\nSubsection (2) applies even though payment of rental may be a condition of the lease.\ns 286E ins 2005 No. 8 s 32\n(sec.286E-ssec.1) If a renewed mining lease is subject to conditions (the new conditions ) different from, or not included in, the lease conditions applying immediately before its renewal, the new conditions apply from the later of the following— the start of the term of the renewed lease; the day the renewal is granted.\n(sec.286E-ssec.2) However, if the lease is continued in force under section 286C , the holder must pay rental on the lease from the day after its expiry day at the rate that would have been payable, from time to time, if the renewed mining lease had been renewed on the day after the expiry day.\n(sec.286E-ssec.3) Subsection (2) applies even though payment of rental may be a condition of the lease.\n- (a) the start of the term of the renewed lease;\n- (b) the day the renewal is granted.","sortOrder":363},{"sectionNumber":"sec.286F","sectionType":"section","heading":"Renewal of lease must be in name of last recorded transferee","content":"### sec.286F Renewal of lease must be in name of last recorded transferee\n\nThis section applies if a transfer of a mining lease is registered under the Common Provisions Act —\nafter the date on which an application for renewal of the lease is made; and\nbefore the application is disposed of by the Minister.\nAny renewal granted on the application must be in the name of the transferee under the last transfer registered before the grant of the renewal.\ns 286F ins 2005 No. 8 s 32\namd 2012 No. 20 s 203 ; 2014 No. 47 s 361\n(sec.286F-ssec.1) This section applies if a transfer of a mining lease is registered under the Common Provisions Act — after the date on which an application for renewal of the lease is made; and before the application is disposed of by the Minister.\n(sec.286F-ssec.2) Any renewal granted on the application must be in the name of the transferee under the last transfer registered before the grant of the renewal.\n- (a) after the date on which an application for renewal of the lease is made; and\n- (b) before the application is disposed of by the Minister.","sortOrder":364},{"sectionNumber":"sec.287","sectionType":"section","heading":"Notice of rejection of renewal application","content":"### sec.287 Notice of rejection of renewal application\n\nIf the Minister decides to reject an application to renew a mining lease, the Minister must promptly give the applicant a written notice stating the decision and the reasons for it.\ns 287 sub 2000 No. 64 s 148\namd 2012 No. 20 s 281 sch 2","sortOrder":365},{"sectionNumber":"sec.288","sectionType":"section","heading":"Holder to notify owner of grant or renewal of mining lease","content":"### sec.288 Holder to notify owner of grant or renewal of mining lease\n\nThe holder of a mining lease must notify each owner of land in the area of the lease of the grant or renewal of the lease.\nThe notice must be given within 20 business days after the holder receives notice of the grant or renewal.\nIf the lease is for a purpose mentioned in section 234 (1) (b) , the reference in subsection (1) to the owner of land includes the holder of an exploration permit, mineral development licence or mining lease over the land.\ns 288 ins 1995 No. 21 s 81\namd 2005 No. 8 s 33 ; 2012 No. 20 s 125 sch 1\n(sec.288-ssec.1) The holder of a mining lease must notify each owner of land in the area of the lease of the grant or renewal of the lease.\n(sec.288-ssec.2) The notice must be given within 20 business days after the holder receives notice of the grant or renewal.\n(sec.288-ssec.3) If the lease is for a purpose mentioned in section 234 (1) (b) , the reference in subsection (1) to the owner of land includes the holder of an exploration permit, mineral development licence or mining lease over the land.","sortOrder":366},{"sectionNumber":"sec.7.45","sectionType":"section","heading":null,"content":"### Section sec.7.45\n\ns 7.45 amd 1992 No. 68 s 3 sch 1\nom 1995 No. 21 s 82","sortOrder":367},{"sectionNumber":"sec.289","sectionType":"section","heading":null,"content":"### Section sec.289\n\ns 289 amd 1995 No. 21 s 83\nsub 2010 No. 17 s 55\namd 2011 No. 2 s 66 ; 2012 No. 20 s 204 ; 2013 No. 10 s 193 sch 1\nom 2018 No. 24 s 122","sortOrder":368},{"sectionNumber":"sec.290","sectionType":"section","heading":"Rental payable on mining lease","content":"### sec.290 Rental payable on mining lease\n\nUpon the grant of a mining lease rental shall first be payable thereon with respect to the period from the commencement of the term of the mining lease to 31 August of that year (the first rental period ) and shall be paid within 20 business days (or such longer period as the Minister in the particular case approves) of the grant of the mining lease.\nThe amount of the rental payable in respect of the first rental period shall be an amount that bears to the rental payable for a rental year prescribed pursuant to subsection (4) for the rental year in which the first rental period falls the same proportion that the number of whole calendar months of the first rental period bears to 12.\nIn respect of each rental year or part thereof of the term of a mining lease (other than the first rental period) a full rental year’s rental shall be payable in advance not later than 31 August of the previous rental year.\nIf the full rental payable for a rental year is paid in advance, the amount of the rental shall be the amount prescribed under a regulation for that rental year.\nIf, for a particular rental year, rental is not paid in advance—\nthe chief executive shall, prior to 30 September of that rental year, notify the holder of and any person holding a recorded interest in the mining lease that the rental has not been paid and of the amount of rental payable as prescribed by paragraph (b) ; and\nthe amount of the full rental payable for the rental year shall be payable before 1 December of that rental year and shall be an amount equal to the amount prescribed under a regulation for that rental year plus an amount equal to 15% of that prescribed amount.\nUpon the renewal of a mining lease, no further rental shall be payable in respect of the period that, if the renewal was a grant of a mining lease, would be the first rental period, except where that period commences on 1 September.\nExcept as provided in subsection (9) , where in any rental year a mining lease is surrendered or terminated through effluxion of time and is not renewed there shall be refundable to the last holder of the mining lease an amount that bears to the amount of the rental that was paid in respect of that rental year the same proportion that the number of whole calendar months from—\nthe date of surrender or termination; or\nthe date of rejection of the application for renewal;\nwhichever is the later, to 31 August of that rental year bears to 12.\nSubsections (3) to (7) apply to a mining lease continued in force under section 286C , with all necessary changes and with any changes prescribed by regulation, in the same way as they would apply if the lease had been renewed on the last day of its term.\nNo amount shall be refunded pursuant to subsection (7) where a mining lease is surrendered within its first rental period after its original grant.\ns 290 amd 1994 No. 18 s 6 (retro); 1995 No. 21 s 84 ; 2000 No. 64 s 174 sch ; 2002 No. 62 s 7 ; 2005 No. 8 s 2 sch ; 2008 No. 56 s 62 ; 2009 No. 16 s 58 ; 2013 No. 10 s 193 sch 1\n(sec.290-ssec.1) Upon the grant of a mining lease rental shall first be payable thereon with respect to the period from the commencement of the term of the mining lease to 31 August of that year (the first rental period ) and shall be paid within 20 business days (or such longer period as the Minister in the particular case approves) of the grant of the mining lease.\n(sec.290-ssec.2) The amount of the rental payable in respect of the first rental period shall be an amount that bears to the rental payable for a rental year prescribed pursuant to subsection (4) for the rental year in which the first rental period falls the same proportion that the number of whole calendar months of the first rental period bears to 12.\n(sec.290-ssec.3) In respect of each rental year or part thereof of the term of a mining lease (other than the first rental period) a full rental year’s rental shall be payable in advance not later than 31 August of the previous rental year.\n(sec.290-ssec.4) If the full rental payable for a rental year is paid in advance, the amount of the rental shall be the amount prescribed under a regulation for that rental year.\n(sec.290-ssec.5) If, for a particular rental year, rental is not paid in advance— the chief executive shall, prior to 30 September of that rental year, notify the holder of and any person holding a recorded interest in the mining lease that the rental has not been paid and of the amount of rental payable as prescribed by paragraph (b) ; and the amount of the full rental payable for the rental year shall be payable before 1 December of that rental year and shall be an amount equal to the amount prescribed under a regulation for that rental year plus an amount equal to 15% of that prescribed amount.\n(sec.290-ssec.6) Upon the renewal of a mining lease, no further rental shall be payable in respect of the period that, if the renewal was a grant of a mining lease, would be the first rental period, except where that period commences on 1 September.\n(sec.290-ssec.7) Except as provided in subsection (9) , where in any rental year a mining lease is surrendered or terminated through effluxion of time and is not renewed there shall be refundable to the last holder of the mining lease an amount that bears to the amount of the rental that was paid in respect of that rental year the same proportion that the number of whole calendar months from— the date of surrender or termination; or the date of rejection of the application for renewal; whichever is the later, to 31 August of that rental year bears to 12.\n(sec.290-ssec.8) Subsections (3) to (7) apply to a mining lease continued in force under section 286C , with all necessary changes and with any changes prescribed by regulation, in the same way as they would apply if the lease had been renewed on the last day of its term.\n(sec.290-ssec.9) No amount shall be refunded pursuant to subsection (7) where a mining lease is surrendered within its first rental period after its original grant.\n- (a) the chief executive shall, prior to 30 September of that rental year, notify the holder of and any person holding a recorded interest in the mining lease that the rental has not been paid and of the amount of rental payable as prescribed by paragraph (b) ; and\n- (b) the amount of the full rental payable for the rental year shall be payable before 1 December of that rental year and shall be an amount equal to the amount prescribed under a regulation for that rental year plus an amount equal to 15% of that prescribed amount.\n- (a) the date of surrender or termination; or\n- (b) the date of rejection of the application for renewal;","sortOrder":369},{"sectionNumber":"sec.290A","sectionType":"section","heading":"Application of GST to rents for certain mining leases","content":"### sec.290A Application of GST to rents for certain mining leases\n\nThis section applies to a lease, however called, that, under the repealed schedule to this Act, section 3 , became a mining lease under this Act.\nThe repealed schedule to this Act was repealed by the Offshore Minerals Act 1998 , section 446 and schedule 4 , section 4 .\nIf any rent payable under the lease after 30 June 2005 is for a supply for which GST is payable, the rent payable is the total of—\nthe rent that would have been payable if the rent were not for a supply for which GST is payable; and\n10% of the rent that would have been payable if the rent were not for a supply for which GST is payable.\nSubsection (2) applies despite the provisions of the mining lease.\ns 290A ins 2000 No. 20 s 29 sch 3\namd 2012 No. 20 s 125 sch 1\n(sec.290A-ssec.1) This section applies to a lease, however called, that, under the repealed schedule to this Act, section 3 , became a mining lease under this Act. The repealed schedule to this Act was repealed by the Offshore Minerals Act 1998 , section 446 and schedule 4 , section 4 .\n(sec.290A-ssec.2) If any rent payable under the lease after 30 June 2005 is for a supply for which GST is payable, the rent payable is the total of— the rent that would have been payable if the rent were not for a supply for which GST is payable; and 10% of the rent that would have been payable if the rent were not for a supply for which GST is payable.\n(sec.290A-ssec.3) Subsection (2) applies despite the provisions of the mining lease.\n- (a) the rent that would have been payable if the rent were not for a supply for which GST is payable; and\n- (b) 10% of the rent that would have been payable if the rent were not for a supply for which GST is payable.","sortOrder":370},{"sectionNumber":"sec.291","sectionType":"section","heading":"Deferral of initial rent for particular mining leases","content":"### sec.291 Deferral of initial rent for particular mining leases\n\nThis section applies in relation to a mining lease if, on the grant of the lease, the Minister is satisfied the holder of the lease—\nproposes to mine a critical mineral under the lease; and\nproposes to spend an amount that is at least equivalent to the initial rent for the lease on start-up and development costs payable in order to start mining operations under the lease; and\nrequests that payment of the initial rent for the lease be deferred.\nOn the grant of the mining lease, the Minister must defer payment of the initial rent for the mining lease.\nIt is a condition of the mining lease that the holder must pay the initial rent in instalments as provided for by regulation.\nIf the lease is cancelled or is terminated through effluxion of time and is not renewed before the initial rent is paid in full, the unpaid portion is a debt due to the State.\nIn relation to a mining lease that is surrendered, see section 309 .\nThis section applies despite section 290 (1) , (3) and (5) .\nIn this section—\ncritical mineral means a mineral prescribed by regulation to be a critical mineral.\ninitial rent , for a mining lease, means the rental payable for the mining lease for—\nthe first rental period within the meaning of section 290 (1) ; and\nthe rental year that starts immediately after the end of the first rental period.\nFor a mining lease granted on 1 January 2024, the initial rent would be the rental payable for—\n1 January 2024 to 31 August 2024; and\n1 September 2024 to 31 August 2025.\ns 291 prev s 291 sub 1995 No. 21 s 85\namd 1995 No. 58 s 4 sch 1\nom 2000 No. 64 s 149\npres s 291 ins 2022 No. 29 s 23\namd 2023 No. 2 s 49B\n(sec.291-ssec.1) This section applies in relation to a mining lease if, on the grant of the lease, the Minister is satisfied the holder of the lease— proposes to mine a critical mineral under the lease; and proposes to spend an amount that is at least equivalent to the initial rent for the lease on start-up and development costs payable in order to start mining operations under the lease; and requests that payment of the initial rent for the lease be deferred.\n(sec.291-ssec.2) On the grant of the mining lease, the Minister must defer payment of the initial rent for the mining lease.\n(sec.291-ssec.3) It is a condition of the mining lease that the holder must pay the initial rent in instalments as provided for by regulation.\n(sec.291-ssec.4) If the lease is cancelled or is terminated through effluxion of time and is not renewed before the initial rent is paid in full, the unpaid portion is a debt due to the State. In relation to a mining lease that is surrendered, see section 309 .\n(sec.291-ssec.5) This section applies despite section 290 (1) , (3) and (5) .\n(sec.291-ssec.6) In this section— critical mineral means a mineral prescribed by regulation to be a critical mineral. initial rent , for a mining lease, means the rental payable for the mining lease for— the first rental period within the meaning of section 290 (1) ; and the rental year that starts immediately after the end of the first rental period. For a mining lease granted on 1 January 2024, the initial rent would be the rental payable for— 1 January 2024 to 31 August 2024; and 1 September 2024 to 31 August 2025.\n- (a) proposes to mine a critical mineral under the lease; and\n- (b) proposes to spend an amount that is at least equivalent to the initial rent for the lease on start-up and development costs payable in order to start mining operations under the lease; and\n- (c) requests that payment of the initial rent for the lease be deferred.\n- (a) the first rental period within the meaning of section 290 (1) ; and\n- (b) the rental year that starts immediately after the end of the first rental period.\n- (a) 1 January 2024 to 31 August 2024; and\n- (b) 1 September 2024 to 31 August 2025.","sortOrder":371},{"sectionNumber":"sec.292","sectionType":"section","heading":null,"content":"### Section sec.292\n\ns 292 ins 1995 No. 21 s 85\nom 2000 No. 64 s 149","sortOrder":372},{"sectionNumber":"sec.293","sectionType":"section","heading":null,"content":"### Section sec.293\n\ns 293 ins 1995 No. 21 s 85\nom 2000 No. 64 s 149","sortOrder":373},{"sectionNumber":"sec.294","sectionType":"section","heading":"Variation of conditions of mining lease","content":"### sec.294 Variation of conditions of mining lease\n\nThe conditions to which a mining lease is subject may be varied by the Minister if—\nthe varied conditions are not inconsistent with this Act; and\nthe holder of the mining lease gives the Minister written agreement.\nHowever, the Minister must not vary a condition of a mining lease if the condition as varied is the same or substantially the same as, or inconsistent with, a relevant environmental condition for the lease.\nWithout limiting subsection (1) , the Minister may refuse to vary a condition of a mining lease if the Minister considers the variation is not in the public interest.\nA mining lease that is duly varied pursuant to subsection (1) shall thereafter until again varied, be subject to its conditions as so varied.\nThe chief executive must record in the register the details of every variation made under this section of the conditions of a mining lease.\ns 294 amd 1999 No. 35 s 44 ; 2000 No. 36 s 18 sch 1 ; 2000 No. 64 ss 150 , 174 sch ; 2008 No. 56 s 63 ; 2009 No. 16 s 59 ; 2011 No. 2 s 67 ; 2012 No. 20 ss 205 , 281 sch 2 ; 2013 No. 10 s 193 sch 1 ; 2018 No. 24 s 123\n(sec.294-ssec.1) The conditions to which a mining lease is subject may be varied by the Minister if— the varied conditions are not inconsistent with this Act; and the holder of the mining lease gives the Minister written agreement.\n(sec.294-ssec.2) However, the Minister must not vary a condition of a mining lease if the condition as varied is the same or substantially the same as, or inconsistent with, a relevant environmental condition for the lease.\n(sec.294-ssec.3) Without limiting subsection (1) , the Minister may refuse to vary a condition of a mining lease if the Minister considers the variation is not in the public interest.\n(sec.294-ssec.4) A mining lease that is duly varied pursuant to subsection (1) shall thereafter until again varied, be subject to its conditions as so varied.\n(sec.294-ssec.5) The chief executive must record in the register the details of every variation made under this section of the conditions of a mining lease.\n- (a) the varied conditions are not inconsistent with this Act; and\n- (b) the holder of the mining lease gives the Minister written agreement.","sortOrder":374},{"sectionNumber":"sec.295","sectionType":"section","heading":"Variation of mining lease for accuracy etc.","content":"### sec.295 Variation of mining lease for accuracy etc.\n\nThe Minister may vary a mining lease for all or any of the following reasons—\nthe boundaries and area of the mining lease have been more accurately worked out and described by survey or another method approved by the Minister;\nthe lease is contiguous to another mining lease and—\nthe holders of the mining leases have agreed to exchange areas adjoining a part of a boundary common to both mining leases; and\nthe Minister has approved the exchange;\nnew facts have arisen since the grant of the mining lease that satisfy the Minister that the variation should be made to more accurately reflect the holder’s entitlements under the lease.\nA variation of a mining lease pursuant to subsection (1) shall take effect from the time indicated in that variation.\nNotice of every variation of a mining lease pursuant to subsection (1) shall be given in writing by the Minister to the holder of the mining lease and to all persons holding an interest recorded as provided in this part in the mining lease.\nThe chief executive shall cause suitable recordings to be made in the register that the mining lease has been varied.\nWhere, prior to receiving a notice of variation pursuant to subsection (3) the holder of a mining lease has placed any improvements, machinery, plant or equipment on land which, by reason of the variation, has ceased to be part of the area of the mining lease, the holder may within 20 business days after receipt by the holder of that notice, apply to the Minister for permission to enter upon that land and to remove the improvements, machinery, plant or equipment or any part thereof.\nUpon application duly made to the Minister under subsection (5) , the Minister shall grant permission to the applicant in respect thereof for such period and upon such conditions as the Minister thinks fit.\nThe applicant, together with the applicant’s workers and persons delivering goods or substances or providing services ancillary to that purpose and vehicles and equipment, may enter upon land and remove improvements, machinery, plant or equipment or any part thereof in accordance with the permission granted pursuant to subsection (6) .\nWhere a mining lease has been varied pursuant to subsection (1) , the holder thereof shall be deemed to hold indemnified the Crown, the Minister and all officers, servants and agents of the Crown and the Minister against all claims arising out of anything done pursuant to this Act or done on or in land which, by reason of that variation, has ceased to be part of the area of the mining lease.\nWhere the boundaries and size of the area of a mining lease have been varied pursuant to subsection (1) (a) —\nthe condition under section 276 (1) (d) that applied before the variation shall continue to apply after that variation in respect of activities carried on before that variation; and\nthe conditions (other than the condition referred to in paragraph (a) ) that applied before the variation shall cease to apply after that variation in respect of activities carried on after that variation;\nin respect of the land that has ceased to be part of the area of the mining lease.\nWhere the boundaries and size of the area of a mining lease have been varied pursuant to subsection (1) (a) , the conditions of the lease shall from that variation also apply in respect of land that becomes part of the area of the mining lease.\nWhere an exchange of parts of land has been effected pursuant to subsection (1) (b) , in respect of each mining lease—\nthe conditions that applied before the exchange shall continue to apply in respect of the area of the mining lease after the exchange; and\nthe conditions that applied before the exchange shall cease to apply in respect of the part of land that has ceased to be part of the area of the mining lease.\nNotwithstanding subsections (9) and (11) , the provisions of sections 277 and 308 shall continue to apply after a variation of a mining lease pursuant to subsection (1) in respect of any acts done or omitted to be done before that variation.\nThe Minister may direct and authorise the holder of a mining lease to enter upon land that has ceased to be part of the area of the mining lease to comply with any condition referred to in subsection (9) or (11) .\nThis section shall not be construed to abrogate or prejudice any right had by the Crown or a person, authority or body in respect of land which by reason of a variation pursuant to subsection (1) has ceased to be part of the area of a mining lease, from proceeding in any court of competent jurisdiction or independently of this Act to recover damages or to obtain any other remedy in respect of damage or injury suffered or loss incurred by reason of a person acting or purporting to act under the authority of that mining lease but any moneys paid under section 277 in respect of damage the subject of the proceedings shall be taken into account by that court in assessing the loss or damage.\nThe person who was the holder of a mining lease that is varied pursuant to this section shall pay the prescribed royalty in respect of all mineral mined by the person or on the person’s behalf from land that ceases to be a part of the area of the mining lease as if it had been mined under the authority of that mining lease.\ns 295 amd 1995 No. 21 s 86 ; 2000 No. 64 s 174 sch ; 2005 No. 8 s 2 sch ; 2011 No. 2 s 68 ; 2012 No. 20 ss 206 , 125 sch 1 ; 2013 No. 10 s 193 sch 1 ; 2018 No. 24 s 124\n(sec.295-ssec.1) The Minister may vary a mining lease for all or any of the following reasons— the boundaries and area of the mining lease have been more accurately worked out and described by survey or another method approved by the Minister; the lease is contiguous to another mining lease and— the holders of the mining leases have agreed to exchange areas adjoining a part of a boundary common to both mining leases; and the Minister has approved the exchange; new facts have arisen since the grant of the mining lease that satisfy the Minister that the variation should be made to more accurately reflect the holder’s entitlements under the lease.\n(sec.295-ssec.2) A variation of a mining lease pursuant to subsection (1) shall take effect from the time indicated in that variation.\n(sec.295-ssec.3) Notice of every variation of a mining lease pursuant to subsection (1) shall be given in writing by the Minister to the holder of the mining lease and to all persons holding an interest recorded as provided in this part in the mining lease.\n(sec.295-ssec.4) The chief executive shall cause suitable recordings to be made in the register that the mining lease has been varied.\n(sec.295-ssec.5) Where, prior to receiving a notice of variation pursuant to subsection (3) the holder of a mining lease has placed any improvements, machinery, plant or equipment on land which, by reason of the variation, has ceased to be part of the area of the mining lease, the holder may within 20 business days after receipt by the holder of that notice, apply to the Minister for permission to enter upon that land and to remove the improvements, machinery, plant or equipment or any part thereof.\n(sec.295-ssec.6) Upon application duly made to the Minister under subsection (5) , the Minister shall grant permission to the applicant in respect thereof for such period and upon such conditions as the Minister thinks fit.\n(sec.295-ssec.7) The applicant, together with the applicant’s workers and persons delivering goods or substances or providing services ancillary to that purpose and vehicles and equipment, may enter upon land and remove improvements, machinery, plant or equipment or any part thereof in accordance with the permission granted pursuant to subsection (6) .\n(sec.295-ssec.8) Where a mining lease has been varied pursuant to subsection (1) , the holder thereof shall be deemed to hold indemnified the Crown, the Minister and all officers, servants and agents of the Crown and the Minister against all claims arising out of anything done pursuant to this Act or done on or in land which, by reason of that variation, has ceased to be part of the area of the mining lease.\n(sec.295-ssec.9) Where the boundaries and size of the area of a mining lease have been varied pursuant to subsection (1) (a) — the condition under section 276 (1) (d) that applied before the variation shall continue to apply after that variation in respect of activities carried on before that variation; and the conditions (other than the condition referred to in paragraph (a) ) that applied before the variation shall cease to apply after that variation in respect of activities carried on after that variation; in respect of the land that has ceased to be part of the area of the mining lease.\n(sec.295-ssec.10) Where the boundaries and size of the area of a mining lease have been varied pursuant to subsection (1) (a) , the conditions of the lease shall from that variation also apply in respect of land that becomes part of the area of the mining lease.\n(sec.295-ssec.11) Where an exchange of parts of land has been effected pursuant to subsection (1) (b) , in respect of each mining lease— the conditions that applied before the exchange shall continue to apply in respect of the area of the mining lease after the exchange; and the conditions that applied before the exchange shall cease to apply in respect of the part of land that has ceased to be part of the area of the mining lease.\n(sec.295-ssec.12) Notwithstanding subsections (9) and (11) , the provisions of sections 277 and 308 shall continue to apply after a variation of a mining lease pursuant to subsection (1) in respect of any acts done or omitted to be done before that variation.\n(sec.295-ssec.13) The Minister may direct and authorise the holder of a mining lease to enter upon land that has ceased to be part of the area of the mining lease to comply with any condition referred to in subsection (9) or (11) .\n(sec.295-ssec.14) This section shall not be construed to abrogate or prejudice any right had by the Crown or a person, authority or body in respect of land which by reason of a variation pursuant to subsection (1) has ceased to be part of the area of a mining lease, from proceeding in any court of competent jurisdiction or independently of this Act to recover damages or to obtain any other remedy in respect of damage or injury suffered or loss incurred by reason of a person acting or purporting to act under the authority of that mining lease but any moneys paid under section 277 in respect of damage the subject of the proceedings shall be taken into account by that court in assessing the loss or damage.\n(sec.295-ssec.15) The person who was the holder of a mining lease that is varied pursuant to this section shall pay the prescribed royalty in respect of all mineral mined by the person or on the person’s behalf from land that ceases to be a part of the area of the mining lease as if it had been mined under the authority of that mining lease.\n- (a) the boundaries and area of the mining lease have been more accurately worked out and described by survey or another method approved by the Minister;\n- (b) the lease is contiguous to another mining lease and— (i) the holders of the mining leases have agreed to exchange areas adjoining a part of a boundary common to both mining leases; and (ii) the Minister has approved the exchange;\n- (i) the holders of the mining leases have agreed to exchange areas adjoining a part of a boundary common to both mining leases; and\n- (ii) the Minister has approved the exchange;\n- (c) new facts have arisen since the grant of the mining lease that satisfy the Minister that the variation should be made to more accurately reflect the holder’s entitlements under the lease.\n- (i) the holders of the mining leases have agreed to exchange areas adjoining a part of a boundary common to both mining leases; and\n- (ii) the Minister has approved the exchange;\n- (a) the condition under section 276 (1) (d) that applied before the variation shall continue to apply after that variation in respect of activities carried on before that variation; and\n- (b) the conditions (other than the condition referred to in paragraph (a) ) that applied before the variation shall cease to apply after that variation in respect of activities carried on after that variation;\n- (a) the conditions that applied before the exchange shall continue to apply in respect of the area of the mining lease after the exchange; and\n- (b) the conditions that applied before the exchange shall cease to apply in respect of the part of land that has ceased to be part of the area of the mining lease.","sortOrder":375},{"sectionNumber":"sec.296","sectionType":"section","heading":null,"content":"### Section sec.296\n\ns 296 amd 2011 No. 2 s 69 ; 2013 No. 10 s 193 sch 1\nom 2018 No. 24 s 125","sortOrder":376},{"sectionNumber":"sec.297","sectionType":"section","heading":null,"content":"### Section sec.297\n\ns 297 amd 2011 No. 2 s 70 ; 2013 No. 10 s 193 sch 1\nom 2018 No. 24 s 125","sortOrder":377},{"sectionNumber":"sec.298","sectionType":"section","heading":"Mining other minerals or use for other purposes","content":"### sec.298 Mining other minerals or use for other purposes\n\nThe holder of a mining lease for the mining of minerals may lodge an application in writing with the chief executive for the Minister’s approval to mine specified minerals (other than coal seam gas), being minerals not specified in the mining lease, in respect of the whole or that part of the land specified in the mining lease that is not currently the subject of a mining lease or mineral development licence (or an application for a mining lease or mineral development licence) in respect of those specified minerals.\nSee also chapter 8 , part 8 , division 1 .\nThe application shall be accompanied by the prescribed application fee.\nThe application and any other application for the grant of a mining lease for the same minerals must be considered and decided according to the day on which they are lodged.\nIf the applications were lodged on the same day—\nthey take the priority the Minister decides, after considering the relative merits of each application; and\nthe chief executive must give each applicant a written notice stating there is competition for priority between the applicant’s application and another application, or other applications, lodged on the same day as the day on which the applicant’s application was lodged.\nThe holder of a mining lease granted for purposes (other than mining of minerals) may lodge an application in writing with the chief executive for the Minister’s approval for the addition of such purposes not specified in the mining lease (being not those of mining for minerals), which the Minister accepts are appropriate for the mining lease and are not inconsistent with this Act.\nThe application shall be accompanied by the prescribed fee.\nThe holder of a mining lease granted for the mining of minerals may apply in writing to the chief executive for the Minister’s approval for the addition of such purposes not specified in the mining lease as are not inconsistent with this Act.\nThe application shall be accompanied by the prescribed fee.\nThe Minister may approve or reject an application under this section.\nWithout limiting subsection (8) , the Minister may reject the application if the Minister considers the addition is not in the public interest.\nUpon the Minister approving an application under this section and compliance by the applicant with any requirements imposed by the Minister, the relevant mining lease shall be deemed to include the specified minerals or, as the case may be, the additional purposes.\nSee, however, the Environmental Protection Act , section 426 (Environmental authority required for particular environmentally relevant activities) and chapter 5 , part 13 .\nWithout limiting subsection (12) (a) , a condition may be imposed on the approval of the Minister if the Minister considers the condition is in the public interest.\nAn approval of the Minister under this section may be subject to—\nconditions; and\nthe requirement to deposit such security under section 277 as the Minister determines.\nThe chief executive must record in the register the details of an approval given under this section.\ns 298 amd 2000 No. 64 s 151 ; 2004 No. 25 s 1019 ; 2008 No. 56 s 64 ; 2012 No. 20 ss 207 , 125 sch 1 , s 281 sch 2 , s 323 sch 3 ; 2012 No. 16 s 78 sch ; 2013 No. 10 s 193 sch 1 ; 2018 No. 24 s 126 ; 2018 No. 30 s 211\n(sec.298-ssec.1) The holder of a mining lease for the mining of minerals may lodge an application in writing with the chief executive for the Minister’s approval to mine specified minerals (other than coal seam gas), being minerals not specified in the mining lease, in respect of the whole or that part of the land specified in the mining lease that is not currently the subject of a mining lease or mineral development licence (or an application for a mining lease or mineral development licence) in respect of those specified minerals. See also chapter 8 , part 8 , division 1 .\n(sec.298-ssec.2) The application shall be accompanied by the prescribed application fee.\n(sec.298-ssec.3) The application and any other application for the grant of a mining lease for the same minerals must be considered and decided according to the day on which they are lodged.\n(sec.298-ssec.3A) If the applications were lodged on the same day— they take the priority the Minister decides, after considering the relative merits of each application; and the chief executive must give each applicant a written notice stating there is competition for priority between the applicant’s application and another application, or other applications, lodged on the same day as the day on which the applicant’s application was lodged.\n(sec.298-ssec.4) The holder of a mining lease granted for purposes (other than mining of minerals) may lodge an application in writing with the chief executive for the Minister’s approval for the addition of such purposes not specified in the mining lease (being not those of mining for minerals), which the Minister accepts are appropriate for the mining lease and are not inconsistent with this Act.\n(sec.298-ssec.5) The application shall be accompanied by the prescribed fee.\n(sec.298-ssec.6) The holder of a mining lease granted for the mining of minerals may apply in writing to the chief executive for the Minister’s approval for the addition of such purposes not specified in the mining lease as are not inconsistent with this Act.\n(sec.298-ssec.7) The application shall be accompanied by the prescribed fee.\n(sec.298-ssec.8) The Minister may approve or reject an application under this section.\n(sec.298-ssec.9) Without limiting subsection (8) , the Minister may reject the application if the Minister considers the addition is not in the public interest.\n(sec.298-ssec.10) Upon the Minister approving an application under this section and compliance by the applicant with any requirements imposed by the Minister, the relevant mining lease shall be deemed to include the specified minerals or, as the case may be, the additional purposes. See, however, the Environmental Protection Act , section 426 (Environmental authority required for particular environmentally relevant activities) and chapter 5 , part 13 .\n(sec.298-ssec.11) Without limiting subsection (12) (a) , a condition may be imposed on the approval of the Minister if the Minister considers the condition is in the public interest.\n(sec.298-ssec.12) An approval of the Minister under this section may be subject to— conditions; and the requirement to deposit such security under section 277 as the Minister determines.\n(sec.298-ssec.13) The chief executive must record in the register the details of an approval given under this section.\n- (a) they take the priority the Minister decides, after considering the relative merits of each application; and\n- (b) the chief executive must give each applicant a written notice stating there is competition for priority between the applicant’s application and another application, or other applications, lodged on the same day as the day on which the applicant’s application was lodged.\n- (a) conditions; and\n- (b) the requirement to deposit such security under section 277 as the Minister determines.","sortOrder":378},{"sectionNumber":"sec.299","sectionType":"section","heading":"Consolidation of mining leases","content":"### sec.299 Consolidation of mining leases\n\nThe holder of mining leases for the mining of minerals in respect of contiguous areas may lodge an application in writing with the chief executive for the grant of a mining lease consolidating those mining leases.\nThe application shall be accompanied by the prescribed fee.\nIf the chief executive is not satisfied the areas are adjoining, the holder may apply to the Land Court for an order declaring the areas to be adjoining areas for this section.\nThe Minister may cancel the mining leases referred to in an application lodged pursuant to subsection (1) and grant the mining lease applied for, subject to such conditions as may be imposed by or under this Act.\nIf, within the proposed area of the consolidated mining lease, there is an area not included in 1 of the leases to be consolidated, the Minister may include the area in the consolidated mining lease.\nA consolidated mining lease may be granted only if the Minister is satisfied arrangements for compensation, the deposit of security and the proposed conditions of the mining lease are adequate.\nSections 232 , 238 , 245 , 251 to 253 , 260 , 265 , 266 , 268 , 269 , 271 to 272 and 275 and such other provisions as the Minister approves do not apply in respect of an application for and grant of a mining lease under this section.\nThe provisions of section 312 (3) do not apply in respect of a mining lease terminated for the purposes of the grant of a mining lease under this section.\nNotwithstanding the provisions of section 277 (10) , the security that pursuant to that section would have been refunded to the holder of the cancelled mining leases or as the holder directs may, at the request of the applicant, be retained by the Minister towards security required under section 277 (1) to be deposited by the holder of the new mining lease issued under subsection (4) .\ns 299 amd 1995 No. 21 s 87 ; 1995 No. 57 s 4 sch 2 ; 1999 No. 7 s 87 sch 3 ; 2000 No. 64 ss 152 , 174 sch ; 2007 No. 39 s 41 sch ; 2010 No. 17 s 48 sch ; 2012 No. 20 ss 208 (amd 2013 No. 10 s 150 ), s 125 sch 1 , s 281 sch 2 ; 2013 No. 10 s 193 sch 1 ; 2014 No. 47 s 449 ; 2018 No. 24 s 127 ; 2020 No. 14 s 218 sch 1\n(sec.299-ssec.1) The holder of mining leases for the mining of minerals in respect of contiguous areas may lodge an application in writing with the chief executive for the grant of a mining lease consolidating those mining leases.\n(sec.299-ssec.2) The application shall be accompanied by the prescribed fee.\n(sec.299-ssec.3) If the chief executive is not satisfied the areas are adjoining, the holder may apply to the Land Court for an order declaring the areas to be adjoining areas for this section.\n(sec.299-ssec.4) The Minister may cancel the mining leases referred to in an application lodged pursuant to subsection (1) and grant the mining lease applied for, subject to such conditions as may be imposed by or under this Act.\n(sec.299-ssec.5) If, within the proposed area of the consolidated mining lease, there is an area not included in 1 of the leases to be consolidated, the Minister may include the area in the consolidated mining lease.\n(sec.299-ssec.6) A consolidated mining lease may be granted only if the Minister is satisfied arrangements for compensation, the deposit of security and the proposed conditions of the mining lease are adequate.\n(sec.299-ssec.7) Sections 232 , 238 , 245 , 251 to 253 , 260 , 265 , 266 , 268 , 269 , 271 to 272 and 275 and such other provisions as the Minister approves do not apply in respect of an application for and grant of a mining lease under this section.\n(sec.299-ssec.8) The provisions of section 312 (3) do not apply in respect of a mining lease terminated for the purposes of the grant of a mining lease under this section.\n(sec.299-ssec.9) Notwithstanding the provisions of section 277 (10) , the security that pursuant to that section would have been refunded to the holder of the cancelled mining leases or as the holder directs may, at the request of the applicant, be retained by the Minister towards security required under section 277 (1) to be deposited by the holder of the new mining lease issued under subsection (4) .","sortOrder":379},{"sectionNumber":"sec.300","sectionType":"section","heading":null,"content":"### Section sec.300\n\ns 300 amd 1995 No. 21 s 3 sch ; 1995 No. 58 s 4 sch 1 ; 2000 No. 64 ss 153 , 174 sch ; 2003 No. 71 s 78 ; 2005 No. 8 s 2 sch ; 2008 No. 56 s 65 ; 2010 No. 17 s 56 ; 2011 No. 20 s 170\nom 2012 No. 20 s 209","sortOrder":380},{"sectionNumber":"sec.301","sectionType":"section","heading":null,"content":"### Section sec.301\n\ns 301 amd 1990 No. 30 s 33 ; 1995 No. 21 s 3 sch\nom 2012 No. 20 s 209","sortOrder":381},{"sectionNumber":"sec.302","sectionType":"section","heading":null,"content":"### Section sec.302\n\ns 302 om 2012 No. 20 s 209","sortOrder":382},{"sectionNumber":"sec.303","sectionType":"section","heading":null,"content":"### Section sec.303\n\ns 303 amd 1990 No. 30 s 34 ; 1995 No. 21 s 3 sch ; 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch\nom 2012 No. 20 s 209","sortOrder":383},{"sectionNumber":"sec.304","sectionType":"section","heading":null,"content":"### Section sec.304\n\ns 304 amd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch\nom 2012 No. 20 s 209","sortOrder":384},{"sectionNumber":"sec.305","sectionType":"section","heading":null,"content":"### Section sec.305\n\ns 305 amd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch\nom 2012 No. 20 s 209","sortOrder":385},{"sectionNumber":"sec.306","sectionType":"section","heading":null,"content":"### Section sec.306\n\ns 306 om 2012 No. 20 s 209","sortOrder":386},{"sectionNumber":"sec.307","sectionType":"section","heading":"Abandonment of application for the grant of a mining lease","content":"### sec.307 Abandonment of application for the grant of a mining lease\n\nThe applicant for a mining lease may, at any time before the grant of the mining lease, by notice in writing to the chief executive abandon the application in respect of the whole or part of the land applied for.\nThe abandonment shall take effect on the day next following its receipt by the chief executive.\nThe applicant for the grant of a mining lease who gives a notice referred to in subsection (1) to the chief executive shall forthwith serve a copy of that notice on—\nif the application has been referred to the Land Court under section 265 —the Land Court; and\nall other persons on whom the applicant was required under this Act to give a copy of the mining lease notice for the application.\nWhere an application for the grant of a mining lease is abandoned in respect of part only of the land applied for, the application shall be amended to show the area in respect of which the mining lease application is to remain in force in the same manner as is required for an original application and the amended application shall proceed in respect of that area in accordance with this part.\ns 307 amd 2000 No. 64 s 154 ; 2012 No. 20 ss 210 , 125 sch 1 , s 281 sch 2 ; 2013 No. 10 s 193 sch 1 ; 2014 No. 47 s 449A (amd 2016 No. 30 s 95 )\n(sec.307-ssec.1) The applicant for a mining lease may, at any time before the grant of the mining lease, by notice in writing to the chief executive abandon the application in respect of the whole or part of the land applied for.\n(sec.307-ssec.2) The abandonment shall take effect on the day next following its receipt by the chief executive.\n(sec.307-ssec.3) The applicant for the grant of a mining lease who gives a notice referred to in subsection (1) to the chief executive shall forthwith serve a copy of that notice on— if the application has been referred to the Land Court under section 265 —the Land Court; and all other persons on whom the applicant was required under this Act to give a copy of the mining lease notice for the application.\n(sec.307-ssec.4) Where an application for the grant of a mining lease is abandoned in respect of part only of the land applied for, the application shall be amended to show the area in respect of which the mining lease application is to remain in force in the same manner as is required for an original application and the amended application shall proceed in respect of that area in accordance with this part.\n- (a) if the application has been referred to the Land Court under section 265 —the Land Court; and\n- (b) all other persons on whom the applicant was required under this Act to give a copy of the mining lease notice for the application.","sortOrder":387},{"sectionNumber":"sec.308","sectionType":"section","heading":"Contravention by holder of mining lease","content":"### sec.308 Contravention by holder of mining lease\n\nIf the Minister considers that the holder of a mining lease—\nhas carried out activities that are not bona fide for the purposes for which the mining lease was granted; or\nhas failed to pay the royalty or any other moneys payable thereunder (other than rental) or in respect thereof by the due date for payment; or\nhas failed to comply with any condition that is to be observed and performed by the holder under or in respect of the mining lease, other than a condition with respect to matters referred to in subsection (2) (a) or (b) ;\nthe Minister may—\ncancel the mining lease; or\nimpose on the holder a penalty not exceeding 1,500 penalty units.\nIf the Minister considers that the holder of a mining lease—\nin any rental year has failed after notice given to the holder in accordance with section 290 (5) to pay before 1 December of that rental year the amount of the rental payable under that section by that date in respect of that mining lease; or\nhas failed to pay a penalty imposed on the holder pursuant to subsection (1) (e) within the time allowed for the payment by the Minister;\nthe Minister may cancel the mining lease.\nThe Minister shall not act pursuant to subsection (1) until the Minister has, by notice in writing in the approved form served on the holder of the mining lease, called upon the holder to show cause within the time specified therein why the mining lease should not be cancelled or a penalty imposed and served a copy of the notice on every person who currently holds a recorded interest in respect of the mining lease at the person’s address last recorded by the chief executive and such cause has not been shown to the satisfaction of the Minister.\nWhen the Minister pursuant to this section cancels a mining lease the Minister shall notify the holder and every person who holds a recorded interest in respect of the mining lease accordingly stating the reason for the cancellation.\nThe cancellation of a mining lease under this section shall take effect on the day next following the Minister’s determination to cancel the mining lease.\ns 308 amd 1995 No. 21 s 3 sch ; 2000 No. 64 s 155 ; 2008 No. 56 s 66 ; 2012 No. 20 s 281 sch 2 ; 2013 No. 10 s 193 sch 1\n(sec.308-ssec.1) If the Minister considers that the holder of a mining lease— has carried out activities that are not bona fide for the purposes for which the mining lease was granted; or has failed to pay the royalty or any other moneys payable thereunder (other than rental) or in respect thereof by the due date for payment; or has failed to comply with any condition that is to be observed and performed by the holder under or in respect of the mining lease, other than a condition with respect to matters referred to in subsection (2) (a) or (b) ; the Minister may— cancel the mining lease; or impose on the holder a penalty not exceeding 1,500 penalty units.\n(sec.308-ssec.2) If the Minister considers that the holder of a mining lease— in any rental year has failed after notice given to the holder in accordance with section 290 (5) to pay before 1 December of that rental year the amount of the rental payable under that section by that date in respect of that mining lease; or has failed to pay a penalty imposed on the holder pursuant to subsection (1) (e) within the time allowed for the payment by the Minister; the Minister may cancel the mining lease.\n(sec.308-ssec.3) The Minister shall not act pursuant to subsection (1) until the Minister has, by notice in writing in the approved form served on the holder of the mining lease, called upon the holder to show cause within the time specified therein why the mining lease should not be cancelled or a penalty imposed and served a copy of the notice on every person who currently holds a recorded interest in respect of the mining lease at the person’s address last recorded by the chief executive and such cause has not been shown to the satisfaction of the Minister.\n(sec.308-ssec.4) When the Minister pursuant to this section cancels a mining lease the Minister shall notify the holder and every person who holds a recorded interest in respect of the mining lease accordingly stating the reason for the cancellation.\n(sec.308-ssec.5) The cancellation of a mining lease under this section shall take effect on the day next following the Minister’s determination to cancel the mining lease.\n- (a) has carried out activities that are not bona fide for the purposes for which the mining lease was granted; or\n- (b) has failed to pay the royalty or any other moneys payable thereunder (other than rental) or in respect thereof by the due date for payment; or\n- (c) has failed to comply with any condition that is to be observed and performed by the holder under or in respect of the mining lease, other than a condition with respect to matters referred to in subsection (2) (a) or (b) ;\n- (d) cancel the mining lease; or\n- (e) impose on the holder a penalty not exceeding 1,500 penalty units.\n- (a) in any rental year has failed after notice given to the holder in accordance with section 290 (5) to pay before 1 December of that rental year the amount of the rental payable under that section by that date in respect of that mining lease; or\n- (b) has failed to pay a penalty imposed on the holder pursuant to subsection (1) (e) within the time allowed for the payment by the Minister;","sortOrder":388},{"sectionNumber":"sec.309","sectionType":"section","heading":"Surrender of mining lease","content":"### sec.309 Surrender of mining lease\n\nThe holder of a mining lease may apply to surrender the mining lease or any part of the area of the mining lease at any time before the expiration of its term.\nThe holder of a mining lease who desires to surrender a mining lease or any part of the area of the mining lease shall lodge with the chief executive—\na notice of surrender in the approved form; and\nfor the surrender of the whole of the area of the mining lease—\na properly completed royalty return, unless it has already been lodged under section 320 (4) ; and\neither—\nthe royalty payable to the State under section 320 (3) (a) , unless it has already been paid; or\nevidence that the royalty has been paid to another person entitled to the royalty under section 320 (3) (b) ; and\nthe fee prescribed under a regulation.\nThe Minister may, by written notice, give the mining lease holder directions about carrying out improvement restoration for the mining lease.\nA purported surrender of a mining lease or of any part of the area of a mining lease shall not be effective unless—\nthe holder has complied with this section; and\nthe Minister consents to the surrender.\nHowever, the Minister may give the consent only if the Minister is satisfied—\nthe holder has complied with the condition to carry out improvement restoration for the mining lease; and\nthe relevant environmental authority has been cancelled or surrendered under the Environmental Protection Act .\nIf part of the area of a mining lease is surrendered under this section—\nthe chief executive must record in the register the details of the surrender; and\nthe lease continues in force for the part of the area not surrendered.\nUpon a surrender of a mining lease, all adjustments between the holder and the Crown in respect of the payment of rental, fees and other moneys shall be at the discretion of the Minister.\nWhere any moneys are specified pursuant to subsection (8) as a debt due to the Crown, the Minister may direct that the security deposited in accordance with section 277 may be utilised for payment thereof.\nNothing in this section shall prevent the Crown from recovering moneys from a person specified in subsection (8) as liable to pay and unpaid (whether directly or through utilisation of the security deposit) by action in the Land Court.\nIn a proceeding for the recovery of an amount owing to the State under this Act, a certificate signed by the chief executive stating the amount of the debt is evidence of the amount of the debt.\nWhere, at the time when the holder of a mining lease purports to surrender the mining lease or a part of the area of the mining lease, the holder applies for a new mining claim or mining lease for the whole or part of the area of the current mining lease, the purported surrender shall take effect immediately prior to the grant of the new mining claim or mining lease.\nNothing in section 232 shall prevent a holder of a mining lease, at the time the holder surrenders the mining lease or part of the area of the mining lease, from applying for the grant of a mining lease over the whole or part of the area of the surrendered mining lease and the grant of the mining lease applied for.\nA surrender of a mining lease (other than a surrender referred to in subsection (12) ) shall take effect on the day next following its acceptance by the Minister.\ns 309 amd 1990 No. 30 s 35 ; 1995 No. 21 ss 88 , 3 sch ; 1995 No. 58 s 4 sch 1 ; 1999 No. 7 s 87 sch 3 ; 2000 No. 64 ss 156 , 174 sch ; 2007 No. 39 s 41 sch ; 2010 No. 17 s 57 ; 2011 No. 2 s 71 ; 2011 No. 20 s 171 ; 2012 No. 20 s 125 sch 1 , s 281 sch 2 ; 2012 No. 16 s 78 sch ; 2013 No. 10 s 193 sch 1 ; 2018 No. 24 s 128\n(sec.309-ssec.1) The holder of a mining lease may apply to surrender the mining lease or any part of the area of the mining lease at any time before the expiration of its term.\n(sec.309-ssec.2) The holder of a mining lease who desires to surrender a mining lease or any part of the area of the mining lease shall lodge with the chief executive— a notice of surrender in the approved form; and for the surrender of the whole of the area of the mining lease— a properly completed royalty return, unless it has already been lodged under section 320 (4) ; and either— the royalty payable to the State under section 320 (3) (a) , unless it has already been paid; or evidence that the royalty has been paid to another person entitled to the royalty under section 320 (3) (b) ; and the fee prescribed under a regulation.\n(sec.309-ssec.4) The Minister may, by written notice, give the mining lease holder directions about carrying out improvement restoration for the mining lease.\n(sec.309-ssec.5) A purported surrender of a mining lease or of any part of the area of a mining lease shall not be effective unless— the holder has complied with this section; and the Minister consents to the surrender.\n(sec.309-ssec.6) However, the Minister may give the consent only if the Minister is satisfied— the holder has complied with the condition to carry out improvement restoration for the mining lease; and the relevant environmental authority has been cancelled or surrendered under the Environmental Protection Act .\n(sec.309-ssec.7) If part of the area of a mining lease is surrendered under this section— the chief executive must record in the register the details of the surrender; and the lease continues in force for the part of the area not surrendered.\n(sec.309-ssec.8) Upon a surrender of a mining lease, all adjustments between the holder and the Crown in respect of the payment of rental, fees and other moneys shall be at the discretion of the Minister.\n(sec.309-ssec.9) Where any moneys are specified pursuant to subsection (8) as a debt due to the Crown, the Minister may direct that the security deposited in accordance with section 277 may be utilised for payment thereof.\n(sec.309-ssec.10) Nothing in this section shall prevent the Crown from recovering moneys from a person specified in subsection (8) as liable to pay and unpaid (whether directly or through utilisation of the security deposit) by action in the Land Court.\n(sec.309-ssec.11) In a proceeding for the recovery of an amount owing to the State under this Act, a certificate signed by the chief executive stating the amount of the debt is evidence of the amount of the debt.\n(sec.309-ssec.12) Where, at the time when the holder of a mining lease purports to surrender the mining lease or a part of the area of the mining lease, the holder applies for a new mining claim or mining lease for the whole or part of the area of the current mining lease, the purported surrender shall take effect immediately prior to the grant of the new mining claim or mining lease.\n(sec.309-ssec.13) Nothing in section 232 shall prevent a holder of a mining lease, at the time the holder surrenders the mining lease or part of the area of the mining lease, from applying for the grant of a mining lease over the whole or part of the area of the surrendered mining lease and the grant of the mining lease applied for.\n(sec.309-ssec.14) A surrender of a mining lease (other than a surrender referred to in subsection (12) ) shall take effect on the day next following its acceptance by the Minister.\n- (a) a notice of surrender in the approved form; and\n- (b) for the surrender of the whole of the area of the mining lease— (i) a properly completed royalty return, unless it has already been lodged under section 320 (4) ; and (ii) either— (A) the royalty payable to the State under section 320 (3) (a) , unless it has already been paid; or (B) evidence that the royalty has been paid to another person entitled to the royalty under section 320 (3) (b) ; and\n- (i) a properly completed royalty return, unless it has already been lodged under section 320 (4) ; and\n- (ii) either— (A) the royalty payable to the State under section 320 (3) (a) , unless it has already been paid; or (B) evidence that the royalty has been paid to another person entitled to the royalty under section 320 (3) (b) ; and\n- (A) the royalty payable to the State under section 320 (3) (a) , unless it has already been paid; or\n- (B) evidence that the royalty has been paid to another person entitled to the royalty under section 320 (3) (b) ; and\n- (c) the fee prescribed under a regulation.\n- (i) a properly completed royalty return, unless it has already been lodged under section 320 (4) ; and\n- (ii) either— (A) the royalty payable to the State under section 320 (3) (a) , unless it has already been paid; or (B) evidence that the royalty has been paid to another person entitled to the royalty under section 320 (3) (b) ; and\n- (A) the royalty payable to the State under section 320 (3) (a) , unless it has already been paid; or\n- (B) evidence that the royalty has been paid to another person entitled to the royalty under section 320 (3) (b) ; and\n- (A) the royalty payable to the State under section 320 (3) (a) , unless it has already been paid; or\n- (B) evidence that the royalty has been paid to another person entitled to the royalty under section 320 (3) (b) ; and\n- (a) the holder has complied with this section; and\n- (b) the Minister consents to the surrender.\n- (a) the holder has complied with the condition to carry out improvement restoration for the mining lease; and\n- (b) the relevant environmental authority has been cancelled or surrendered under the Environmental Protection Act .\n- (a) the chief executive must record in the register the details of the surrender; and\n- (b) the lease continues in force for the part of the area not surrendered.","sortOrder":389},{"sectionNumber":"sec.310","sectionType":"section","heading":"Minerals taken become property of holder of mining lease","content":"### sec.310 Minerals taken become property of holder of mining lease\n\nAll minerals lawfully mined under the authority of a mining lease cease to be the property of the Crown or person who had property therein and become the property of the holder of the mining lease subject however to the rights to royalty payments under this Act of the Crown or any other person.","sortOrder":390},{"sectionNumber":"sec.311","sectionType":"section","heading":"Royalties in respect of minerals taken under mining lease","content":"### sec.311 Royalties in respect of minerals taken under mining lease\n\nThe holder of a mining lease shall pay in respect of all minerals mined or purported to be mined under the authority of the mining lease, the royalty prescribed pursuant to chapter 11 .\ns 311 amd 2012 No. 20 s 323 sch 3","sortOrder":391},{"sectionNumber":"sec.312","sectionType":"section","heading":"Effect of termination of mining lease","content":"### sec.312 Effect of termination of mining lease\n\nThis section applies on the termination of a mining lease.\nHowever, this section does not apply to a mining lease if the termination is for granting a mining claim or a new mining lease over the area of the terminated lease to the holder of the terminated lease.\nThe person who was the holder of the terminated mining lease immediately before its termination must immediately remove each post or other thing used to mark the land under this Act (other than a survey mark or anything else required under another Act not to be removed).\nOn the termination of the mining lease, the ownership of all mineral and property on the land in the area of the terminated lease divests from the owner and vests in the State.\nHowever, subsection (4) applies to property only if it was brought on to the land under the terminated mining lease.\ns 312 sub 1995 No. 21 s 89\namd 1995 No. 50 s 3 sch ; 2012 No. 20 s 125 sch 1\n(sec.312-ssec.1) This section applies on the termination of a mining lease.\n(sec.312-ssec.2) However, this section does not apply to a mining lease if the termination is for granting a mining claim or a new mining lease over the area of the terminated lease to the holder of the terminated lease.\n(sec.312-ssec.3) The person who was the holder of the terminated mining lease immediately before its termination must immediately remove each post or other thing used to mark the land under this Act (other than a survey mark or anything else required under another Act not to be removed).\n(sec.312-ssec.4) On the termination of the mining lease, the ownership of all mineral and property on the land in the area of the terminated lease divests from the owner and vests in the State.\n(sec.312-ssec.5) However, subsection (4) applies to property only if it was brought on to the land under the terminated mining lease.","sortOrder":392},{"sectionNumber":"sec.313","sectionType":"section","heading":"Application for approval to remove mineral and property","content":"### sec.313 Application for approval to remove mineral and property\n\nThis section applies to mineral and property that vests in the State on the termination of a mining lease.\nAnyone who had an interest in the mineral or property immediately before its ownership vests in the State may apply in writing to the Minister for permission to remove the mineral or property from the land.\nThe application—\nmust be made within 20 business days (or a longer period, of not more than 3 months, allowed by the Minister) after the mineral or property vests in the State; and\nmay be made even though a subsequent grant of a mining claim, exploration permit, mineral development licence or mining lease is made over for the land.\nThe Minister may approve or refuse to approve the application.\nHowever, the Minister must approve the application if the Minister is satisfied—\nthe person was entitled to the mineral or property immediately before it vested in the State; and\nthere is enough security to meet the costs for which it was deposited.\nFor the provision of security, see section 277 .\nThe approval may be given on conditions stated in it.\nIf the application is approved, the person named in the approval may enter the land and remove the mineral or property (other than covers, fencing, casings, linings, timbering or other things securing the safety of the land) stated in the application before the time stated in the approval ends.\nAnything removed under subsection (7) divests from the State and vests in the person entitled to it immediately before the termination of the mining lease.\nHowever, mineral divests from the State and forms part of the land if it is not removed before the later of—\nthe end of the time stated in an approval under this section; or\n3 months after the mining lease’s termination.\ns 313 ins 1995 No. 21 s 89\namd 1995 No. 58 s 4 sch 1 ; 2005 No. 8 s 2 sch ; 2012 No. 20 s 125 sch 1 ; 2013 No. 10 s 193 sch 1 ; 2020 No. 14 s 138\n(sec.313-ssec.1) This section applies to mineral and property that vests in the State on the termination of a mining lease.\n(sec.313-ssec.2) Anyone who had an interest in the mineral or property immediately before its ownership vests in the State may apply in writing to the Minister for permission to remove the mineral or property from the land.\n(sec.313-ssec.3) The application— must be made within 20 business days (or a longer period, of not more than 3 months, allowed by the Minister) after the mineral or property vests in the State; and may be made even though a subsequent grant of a mining claim, exploration permit, mineral development licence or mining lease is made over for the land.\n(sec.313-ssec.4) The Minister may approve or refuse to approve the application.\n(sec.313-ssec.5) However, the Minister must approve the application if the Minister is satisfied— the person was entitled to the mineral or property immediately before it vested in the State; and there is enough security to meet the costs for which it was deposited. For the provision of security, see section 277 .\n(sec.313-ssec.6) The approval may be given on conditions stated in it.\n(sec.313-ssec.7) If the application is approved, the person named in the approval may enter the land and remove the mineral or property (other than covers, fencing, casings, linings, timbering or other things securing the safety of the land) stated in the application before the time stated in the approval ends.\n(sec.313-ssec.8) Anything removed under subsection (7) divests from the State and vests in the person entitled to it immediately before the termination of the mining lease.\n(sec.313-ssec.9) However, mineral divests from the State and forms part of the land if it is not removed before the later of— the end of the time stated in an approval under this section; or 3 months after the mining lease’s termination.\n- (a) must be made within 20 business days (or a longer period, of not more than 3 months, allowed by the Minister) after the mineral or property vests in the State; and\n- (b) may be made even though a subsequent grant of a mining claim, exploration permit, mineral development licence or mining lease is made over for the land.\n- (a) the person was entitled to the mineral or property immediately before it vested in the State; and\n- (b) there is enough security to meet the costs for which it was deposited. Note— For the provision of security, see section 277 .\n- (a) the end of the time stated in an approval under this section; or\n- (b) 3 months after the mining lease’s termination.","sortOrder":393},{"sectionNumber":"sec.314","sectionType":"section","heading":"Property remaining on former mining lease may be sold","content":"### sec.314 Property remaining on former mining lease may be sold\n\nThis section applies if the Minister has not received an application, or has received an application that has not been granted, for approval to remove property from the site of a terminated mining lease within 3 months after the lease’s termination.\nThe Minister may—\nsell the property by public auction or in another stated way; or\nif the property has no commercial value—dispose of or destroy it.\nProceeds of a sale are to be applied in the following order towards—\nthe reasonable expenses incurred in the sale;\nthe cost of rectifying actual damage for which an amount of security deposited for the terminated mining lease could have been used, but was not used, or was inadequate;\ncosts and expenses mentioned in the Environmental Protection Act , section 316C ;\namounts owing to the State under this Act by the former holder;\nany other amounts owing to the State under the Environmental Protection Act for a relevant environmental authority;\nrates and charges (including interest on unpaid rates and charges) owing to a local government by the former holder for the lease;\namounts owing to a mortgagee under a mortgage registered under the Common Provisions Act over the lease.\nAny balance must be paid to the former holder.\nIf the Minister can not decide the identity of, or locate, a person entitled to the proceeds or part of the proceeds, the Minister may pay the amount to the public trustee as unclaimed moneys.\nA secured party can not enforce any security interest in the proceeds of sale against an entity to whom an amount is payable under subsection (3) (a) to (e) .\nCompensation is not payable for a sale, disposal or destruction under this section.\nIn this section—\nPPS Act means the Personal Property Securities Act 2009 (Cwlth) .\nsecured party has the meaning given by the PPS Act , section 10 .\nsecurity interest has the meaning given by the PPS Act , section 12 .\ns 314 ins 1995 No. 21 s 89\namd 2000 No. 64 ss 157 , 174 sch ; 1994 No. 62 s 616 (2) (amd 2000 No. 64 s 52 ); 2010 No. 44 s 123 ; 2012 No. 16 s 78 sch ; 2013 No. 10 s 193 sch 1 ; 2014 No. 47 s 394 ; 2018 No. 30 s 212 ; 2020 No. 14 s 139\n(sec.314-ssec.1) This section applies if the Minister has not received an application, or has received an application that has not been granted, for approval to remove property from the site of a terminated mining lease within 3 months after the lease’s termination.\n(sec.314-ssec.2) The Minister may— sell the property by public auction or in another stated way; or if the property has no commercial value—dispose of or destroy it.\n(sec.314-ssec.3) Proceeds of a sale are to be applied in the following order towards— the reasonable expenses incurred in the sale; the cost of rectifying actual damage for which an amount of security deposited for the terminated mining lease could have been used, but was not used, or was inadequate; costs and expenses mentioned in the Environmental Protection Act , section 316C ; amounts owing to the State under this Act by the former holder; any other amounts owing to the State under the Environmental Protection Act for a relevant environmental authority; rates and charges (including interest on unpaid rates and charges) owing to a local government by the former holder for the lease; amounts owing to a mortgagee under a mortgage registered under the Common Provisions Act over the lease.\n(sec.314-ssec.4) Any balance must be paid to the former holder.\n(sec.314-ssec.5) If the Minister can not decide the identity of, or locate, a person entitled to the proceeds or part of the proceeds, the Minister may pay the amount to the public trustee as unclaimed moneys.\n(sec.314-ssec.5A) A secured party can not enforce any security interest in the proceeds of sale against an entity to whom an amount is payable under subsection (3) (a) to (e) .\n(sec.314-ssec.6) Compensation is not payable for a sale, disposal or destruction under this section.\n(sec.314-ssec.7) In this section— PPS Act means the Personal Property Securities Act 2009 (Cwlth) . secured party has the meaning given by the PPS Act , section 10 . security interest has the meaning given by the PPS Act , section 12 .\n- (a) sell the property by public auction or in another stated way; or\n- (b) if the property has no commercial value—dispose of or destroy it.\n- (a) the reasonable expenses incurred in the sale;\n- (b) the cost of rectifying actual damage for which an amount of security deposited for the terminated mining lease could have been used, but was not used, or was inadequate;\n- (c) costs and expenses mentioned in the Environmental Protection Act , section 316C ;\n- (d) amounts owing to the State under this Act by the former holder;\n- (e) any other amounts owing to the State under the Environmental Protection Act for a relevant environmental authority;\n- (f) rates and charges (including interest on unpaid rates and charges) owing to a local government by the former holder for the lease;\n- (g) amounts owing to a mortgagee under a mortgage registered under the Common Provisions Act over the lease.","sortOrder":394},{"sectionNumber":"sec.315","sectionType":"section","heading":"Activity report for mining lease","content":"### sec.315 Activity report for mining lease\n\nA regulation may—\nrequire a holder or former holder of a mining lease to give the Minister a report (an activity report ) about the activities carried out under the mining lease; and\nprescribe the following for the activity report—\nwhen the report is to be given;\nthe format of the report;\nthe information to be contained in the report and the degree of precision required for the information.\nThe holder or former holder must give an activity report in compliance with the regulation.\nMaximum penalty—150 penalty units.\ns 315 prev s 315 amd 1995 No. 21 s 90 ; 1999 No. 35 s 45 ; 2000 No. 64 ss 158 , 174 sch\nom 2005 No. 8 s 34\npres s 315 ins 2018 No. 24 s 129\namd 2024 No. 33 s 183 s ch 1 pt 2\n(sec.315-ssec.1) A regulation may— require a holder or former holder of a mining lease to give the Minister a report (an activity report ) about the activities carried out under the mining lease; and prescribe the following for the activity report— when the report is to be given; the format of the report; the information to be contained in the report and the degree of precision required for the information.\n(sec.315-ssec.2) The holder or former holder must give an activity report in compliance with the regulation. Maximum penalty—150 penalty units.\n- (a) require a holder or former holder of a mining lease to give the Minister a report (an activity report ) about the activities carried out under the mining lease; and\n- (b) prescribe the following for the activity report— (i) when the report is to be given; (ii) the format of the report; (iii) the information to be contained in the report and the degree of precision required for the information.\n- (i) when the report is to be given;\n- (ii) the format of the report;\n- (iii) the information to be contained in the report and the degree of precision required for the information.\n- (i) when the report is to be given;\n- (ii) the format of the report;\n- (iii) the information to be contained in the report and the degree of precision required for the information.","sortOrder":395},{"sectionNumber":"sec.315A","sectionType":"section","heading":"Relinquishment report for mining lease","content":"### sec.315A Relinquishment report for mining lease\n\nThis section applies in relation to a holder of a mining lease who, under a relinquishment condition, relinquishes part of the area of the lease.\nA regulation may—\nrequire the holder to give the Minister a report (a relinquishment report ) about the relinquishment; and\nprescribe the following for the relinquishment report—\nwhen the report is to be given;\nthe format of the report;\nthe information to be contained in the report and the degree of precision required for the information;\nthe persons to whom a copy of the report is to be given.\nThe holder must give a relinquishment report in compliance with the regulation.\nMaximum penalty—150 penalty units.\ns 315A ins 2018 No. 24 s 129\namd 2024 No. 33 s 183 s ch 1 pt 2\n(sec.315A-ssec.1) This section applies in relation to a holder of a mining lease who, under a relinquishment condition, relinquishes part of the area of the lease.\n(sec.315A-ssec.2) A regulation may— require the holder to give the Minister a report (a relinquishment report ) about the relinquishment; and prescribe the following for the relinquishment report— when the report is to be given; the format of the report; the information to be contained in the report and the degree of precision required for the information; the persons to whom a copy of the report is to be given.\n(sec.315A-ssec.3) The holder must give a relinquishment report in compliance with the regulation. Maximum penalty—150 penalty units.\n- (a) require the holder to give the Minister a report (a relinquishment report ) about the relinquishment; and\n- (b) prescribe the following for the relinquishment report— (i) when the report is to be given; (ii) the format of the report; (iii) the information to be contained in the report and the degree of precision required for the information; (iv) the persons to whom a copy of the report is to be given.\n- (i) when the report is to be given;\n- (ii) the format of the report;\n- (iii) the information to be contained in the report and the degree of precision required for the information;\n- (iv) the persons to whom a copy of the report is to be given.\n- (i) when the report is to be given;\n- (ii) the format of the report;\n- (iii) the information to be contained in the report and the degree of precision required for the information;\n- (iv) the persons to whom a copy of the report is to be given.","sortOrder":396},{"sectionNumber":"sec.315B","sectionType":"section","heading":"Surrender report for mining lease","content":"### sec.315B Surrender report for mining lease\n\nThis section applies in relation to a holder of a mining lease who applies, under section 309 , to surrender the lease or a stated part or percentage of the area of the lease.\nA regulation may—\nrequire the holder to give the Minister a report (a surrender report ) about the surrender; and\nprescribe the following for the surrender report—\nwhen the report is to be given;\nthe format of the report;\nthe information to be contained in the report and the degree of precision required for the information.\nThe holder must give a surrender report in compliance with the regulation.\nMaximum penalty—150 penalty units.\ns 315B ins 2018 No. 24 s 129\namd 2024 No. 33 s 183 s ch 1 pt 2\n(sec.315B-ssec.1) This section applies in relation to a holder of a mining lease who applies, under section 309 , to surrender the lease or a stated part or percentage of the area of the lease.\n(sec.315B-ssec.2) A regulation may— require the holder to give the Minister a report (a surrender report ) about the surrender; and prescribe the following for the surrender report— when the report is to be given; the format of the report; the information to be contained in the report and the degree of precision required for the information.\n(sec.315B-ssec.3) The holder must give a surrender report in compliance with the regulation. Maximum penalty—150 penalty units.\n- (a) require the holder to give the Minister a report (a surrender report ) about the surrender; and\n- (b) prescribe the following for the surrender report— (i) when the report is to be given; (ii) the format of the report; (iii) the information to be contained in the report and the degree of precision required for the information.\n- (i) when the report is to be given;\n- (ii) the format of the report;\n- (iii) the information to be contained in the report and the degree of precision required for the information.\n- (i) when the report is to be given;\n- (ii) the format of the report;\n- (iii) the information to be contained in the report and the degree of precision required for the information.","sortOrder":397},{"sectionNumber":"sec.316","sectionType":"section","heading":"Mining lease for transportation through land","content":"### sec.316 Mining lease for transportation through land\n\nThis section applies if a person who holds, or is an applicant for, a mining lease for a particular area—\nwants a mining lease over land that is not in the area of the person’s lease for the transportation of something through, over or under the land by a pipeline, aerial ropeway, conveyor apparatus, transmission line or similar method of transport, or road; and\ndoes not hold an exploration permit, mineral development licence or mining lease for the land.\nThe Minister may grant to a person a mining lease for the transportation of the thing through, over or under the land covered by the application for the lease if—\nthe Minister is satisfied the proposed lease is for a purpose associated with or arising from activities performed, or to be performed, under the person’s mining lease; or\nbefore the person applied for the lease, the Governor in Council, under a regulation, declared the transportation of the thing through, over or under land that is not in the area of a mining lease by a pipeline, aerial ropeway, conveyor apparatus, transmission line or similar method of transport to be an activity associated with or arising from mining.\nAn application for a mining lease under this section must be given to the chief executive.\nIf land included in the application is in the area of an exploration permit or mineral development licence, the application does not have to be accompanied by the consent of the permit or licence holder, but the applicant must give written notice of the application to the permit or licence holder within 5 business days after lodging the application.\nIf land included in the application is in the area of a mining lease, the application must be accompanied by the consent of the lease holder.\nHowever, subsection (5) is subject to section 271AB .\nA mining lease may not be granted under this section for land that is the subject of a call for mining lease tenders until any of the following happens—\nthe call for mining lease tenders is terminated;\nan application for a mining lease for the land made by the preferred tenderer for the call is decided, rejected or abandoned.\nThis section does not apply for the transportation of incidental coal seam gas.\nThe person may apply for a pipeline licence under the Petroleum and Gas (Production and Safety) Act , chapter 4 , part 2 .\ns 316 amd 1990 No. 30 s 36\nsub 1995 No. 21 s 91\namd 2005 No. 8 s 35 ; 2012 No. 20 ss 211 , 125 sch 1 ; 2013 No. 10 s 193 sch 1 ; 2014 No. 47 ss 404 , 450 ; 2020 No. 14 s 140\n(sec.316-ssec.1) This section applies if a person who holds, or is an applicant for, a mining lease for a particular area— wants a mining lease over land that is not in the area of the person’s lease for the transportation of something through, over or under the land by a pipeline, aerial ropeway, conveyor apparatus, transmission line or similar method of transport, or road; and does not hold an exploration permit, mineral development licence or mining lease for the land.\n(sec.316-ssec.2) The Minister may grant to a person a mining lease for the transportation of the thing through, over or under the land covered by the application for the lease if— the Minister is satisfied the proposed lease is for a purpose associated with or arising from activities performed, or to be performed, under the person’s mining lease; or before the person applied for the lease, the Governor in Council, under a regulation, declared the transportation of the thing through, over or under land that is not in the area of a mining lease by a pipeline, aerial ropeway, conveyor apparatus, transmission line or similar method of transport to be an activity associated with or arising from mining.\n(sec.316-ssec.3) An application for a mining lease under this section must be given to the chief executive.\n(sec.316-ssec.4) If land included in the application is in the area of an exploration permit or mineral development licence, the application does not have to be accompanied by the consent of the permit or licence holder, but the applicant must give written notice of the application to the permit or licence holder within 5 business days after lodging the application.\n(sec.316-ssec.5) If land included in the application is in the area of a mining lease, the application must be accompanied by the consent of the lease holder.\n(sec.316-ssec.6) However, subsection (5) is subject to section 271AB .\n(sec.316-ssec.7) A mining lease may not be granted under this section for land that is the subject of a call for mining lease tenders until any of the following happens— the call for mining lease tenders is terminated; an application for a mining lease for the land made by the preferred tenderer for the call is decided, rejected or abandoned.\n(sec.316-ssec.8) This section does not apply for the transportation of incidental coal seam gas. The person may apply for a pipeline licence under the Petroleum and Gas (Production and Safety) Act , chapter 4 , part 2 .\n- (a) wants a mining lease over land that is not in the area of the person’s lease for the transportation of something through, over or under the land by a pipeline, aerial ropeway, conveyor apparatus, transmission line or similar method of transport, or road; and\n- (b) does not hold an exploration permit, mineral development licence or mining lease for the land.\n- (a) the Minister is satisfied the proposed lease is for a purpose associated with or arising from activities performed, or to be performed, under the person’s mining lease; or\n- (b) before the person applied for the lease, the Governor in Council, under a regulation, declared the transportation of the thing through, over or under land that is not in the area of a mining lease by a pipeline, aerial ropeway, conveyor apparatus, transmission line or similar method of transport to be an activity associated with or arising from mining.\n- (a) the call for mining lease tenders is terminated;\n- (b) an application for a mining lease for the land made by the preferred tenderer for the call is decided, rejected or abandoned.","sortOrder":398},{"sectionNumber":"sec.317","sectionType":"section","heading":"Variation of access to mining lease area","content":"### sec.317 Variation of access to mining lease area\n\nThe holder of a mining lease may apply to the chief executive in the approved form for a variation of the land used or proposed to be used as access in relation to the area of the mining lease.\nAn application for a variation of the land used or to be used as access under this section shall be accompanied by—\nsuch particulars as are, by section 245 , required to accompany an application for the grant of a mining lease in so far as those particulars relate to the land used or proposed to be used as access in relation to surface area of the land the subject of the mining lease; and\nthe prescribed application fee.\nWhere, in respect of an application for a variation of the land used or proposed to be used as access under this section, the chief executive is not satisfied that the owner of the land proposed to be used as access consents to the use, the chief executive must refer the issue of consent to the Land Court for its consideration.\nThe Land Court must fix a date for the hearing and immediately give written notice of the date to each of the following—\nthe chief executive;\nthe applicant;\nthe land owner.\nThe date must be at least 20 business days after the day the Land Court fixes the hearing date.\nThe Land Court shall hear and determine the matter by determining—\nthat consent to the proposed variation should or should not be given; and\nif consent should be given—the amount (if any) of compensation payable by the holder in respect of the proposed use of that land as access.\nWithout limiting subsection (5) , the Land Court may determine that consent to the proposed variation should not be given if the court considers the variation is not in the public interest.\nSubject to subsection (7) , the provisions of section 281 (3) to (7) apply in respect of a matter referred to the Land Court under this section as if the matter were an application referred to the Land Court under section 281 (1) .\nIn determining compensation payable under subsection (5) , allowance shall be made for compensation agreed or determined to be payable in respect of the current land used as access in respect of the mining lease.\nThe determination of the Land Court of a matter under this section shall be final and conclusive.\nIn respect of an application made under this section, upon—\nwhere the proposed access is over land of which there is an owner—\nlodgement with the chief executive of the consent in writing of the owner or owners of that land; or\nwhere the Land Court determines that consent should be granted, whether with or without compensation, compliance with any terms and conditions imposed by the Land Court to be complied with before consent is given; and\nwhere the proposed access is over land of which there is no owner, the chief executive determining that the variation is, in the circumstances, appropriate;\nthe chief executive shall record the variation of that access in the register and advise the holder and the owner accordingly.\nWithout limiting subsection (9) (a) (ii) , the Land Court may impose terms and conditions to be complied with before consent is given if the court considers the condition is in the public interest.\nAn agreement made between a holder and an owner of land regarding compensation payable in respect of the proposed use of the land as access in respect of a mining lease as a result of a variation under this section shall not be effective unless and until—\nit is in writing signed by or on behalf of the parties; and\nit is filed.\ns 317 ins 1990 No. 30 s 37\namd 1995 No. 21 s 3 sch ; 1999 No. 7 s 87 sch 3 ; 2005 No. 8 s 36 ; 2007 No. 39 s 41 sch ; 2008 No. 56 s 67 ; 2012 No. 20 s 125 sch 1 , s 281 sch 2 ; 2013 No. 10 s 115 ; 2014 No. 47 s 451 ; 2018 No. 24 s 130\n(sec.317-ssec.1) The holder of a mining lease may apply to the chief executive in the approved form for a variation of the land used or proposed to be used as access in relation to the area of the mining lease.\n(sec.317-ssec.2) An application for a variation of the land used or to be used as access under this section shall be accompanied by— such particulars as are, by section 245 , required to accompany an application for the grant of a mining lease in so far as those particulars relate to the land used or proposed to be used as access in relation to surface area of the land the subject of the mining lease; and the prescribed application fee.\n(sec.317-ssec.3) Where, in respect of an application for a variation of the land used or proposed to be used as access under this section, the chief executive is not satisfied that the owner of the land proposed to be used as access consents to the use, the chief executive must refer the issue of consent to the Land Court for its consideration.\n(sec.317-ssec.4) The Land Court must fix a date for the hearing and immediately give written notice of the date to each of the following— the chief executive; the applicant; the land owner.\n(sec.317-ssec.4A) The date must be at least 20 business days after the day the Land Court fixes the hearing date.\n(sec.317-ssec.5) The Land Court shall hear and determine the matter by determining— that consent to the proposed variation should or should not be given; and if consent should be given—the amount (if any) of compensation payable by the holder in respect of the proposed use of that land as access.\n(sec.317-ssec.5A) Without limiting subsection (5) , the Land Court may determine that consent to the proposed variation should not be given if the court considers the variation is not in the public interest.\n(sec.317-ssec.6) Subject to subsection (7) , the provisions of section 281 (3) to (7) apply in respect of a matter referred to the Land Court under this section as if the matter were an application referred to the Land Court under section 281 (1) .\n(sec.317-ssec.7) In determining compensation payable under subsection (5) , allowance shall be made for compensation agreed or determined to be payable in respect of the current land used as access in respect of the mining lease.\n(sec.317-ssec.8) The determination of the Land Court of a matter under this section shall be final and conclusive.\n(sec.317-ssec.9) In respect of an application made under this section, upon— where the proposed access is over land of which there is an owner— lodgement with the chief executive of the consent in writing of the owner or owners of that land; or where the Land Court determines that consent should be granted, whether with or without compensation, compliance with any terms and conditions imposed by the Land Court to be complied with before consent is given; and where the proposed access is over land of which there is no owner, the chief executive determining that the variation is, in the circumstances, appropriate; the chief executive shall record the variation of that access in the register and advise the holder and the owner accordingly.\n(sec.317-ssec.9A) Without limiting subsection (9) (a) (ii) , the Land Court may impose terms and conditions to be complied with before consent is given if the court considers the condition is in the public interest.\n(sec.317-ssec.10) An agreement made between a holder and an owner of land regarding compensation payable in respect of the proposed use of the land as access in respect of a mining lease as a result of a variation under this section shall not be effective unless and until— it is in writing signed by or on behalf of the parties; and it is filed.\n- (a) such particulars as are, by section 245 , required to accompany an application for the grant of a mining lease in so far as those particulars relate to the land used or proposed to be used as access in relation to surface area of the land the subject of the mining lease; and\n- (b) the prescribed application fee.\n- (a) the chief executive;\n- (b) the applicant;\n- (c) the land owner.\n- (a) that consent to the proposed variation should or should not be given; and\n- (b) if consent should be given—the amount (if any) of compensation payable by the holder in respect of the proposed use of that land as access.\n- (a) where the proposed access is over land of which there is an owner— (i) lodgement with the chief executive of the consent in writing of the owner or owners of that land; or (ii) where the Land Court determines that consent should be granted, whether with or without compensation, compliance with any terms and conditions imposed by the Land Court to be complied with before consent is given; and\n- (i) lodgement with the chief executive of the consent in writing of the owner or owners of that land; or\n- (ii) where the Land Court determines that consent should be granted, whether with or without compensation, compliance with any terms and conditions imposed by the Land Court to be complied with before consent is given; and\n- (b) where the proposed access is over land of which there is no owner, the chief executive determining that the variation is, in the circumstances, appropriate;\n- (i) lodgement with the chief executive of the consent in writing of the owner or owners of that land; or\n- (ii) where the Land Court determines that consent should be granted, whether with or without compensation, compliance with any terms and conditions imposed by the Land Court to be complied with before consent is given; and\n- (a) it is in writing signed by or on behalf of the parties; and\n- (b) it is filed.","sortOrder":399},{"sectionNumber":"sec.317A","sectionType":"section","heading":"Improvement restoration for mining lease","content":"### sec.317A Improvement restoration for mining lease\n\nThis section applies on the termination of a mining lease, other than—\nby surrender under section 309 ; or\nfor the granting of a new mining lease over the area of the terminated mining lease.\nThe Minister may, if not satisfied the holder of the terminated mining lease has not carried out improvement restoration for the mining lease, give the holder reasonable written directions about the restoration.\nThe holder must comply with the directions.\nMaximum penalty—2,000 penalty units.\nThe holder and the holder’s employees or agents may, to the extent reasonable and necessary to comply with the directions—\nenter land stated in the notice; and\nbring on to the land vehicles, vessels, machinery and equipment.\ns 317A (prev s 318) ins 1995 No. 21 s 92\namd 2000 No. 64 s 159 ; 2012 No. 20 s 125 sch 1\nrenum 2020 No. 14 s 141\n(sec.317A-ssec.1) This section applies on the termination of a mining lease, other than— by surrender under section 309 ; or for the granting of a new mining lease over the area of the terminated mining lease.\n(sec.317A-ssec.2) The Minister may, if not satisfied the holder of the terminated mining lease has not carried out improvement restoration for the mining lease, give the holder reasonable written directions about the restoration.\n(sec.317A-ssec.3) The holder must comply with the directions. Maximum penalty—2,000 penalty units.\n(sec.317A-ssec.4) The holder and the holder’s employees or agents may, to the extent reasonable and necessary to comply with the directions— enter land stated in the notice; and bring on to the land vehicles, vessels, machinery and equipment.\n- (a) by surrender under section 309 ; or\n- (b) for the granting of a new mining lease over the area of the terminated mining lease.\n- (a) enter land stated in the notice; and\n- (b) bring on to the land vehicles, vessels, machinery and equipment.","sortOrder":400},{"sectionNumber":"ch.6-pt.1A","sectionType":"part","heading":"Development plans for particular mining leases for prescribed minerals","content":"# Development plans for particular mining leases for prescribed minerals","sortOrder":401},{"sectionNumber":"ch.6-pt.1A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":402},{"sectionNumber":"sec.317B","sectionType":"section","heading":"Function and purpose of development plans","content":"### sec.317B Function and purpose of development plans\n\nThe development plan for a mining lease for a prescribed mineral (the relevant lease ) gives detailed information about the nature and extent of activities to be carried out under the relevant lease.\nThe development plan may—\nalso relate to another mining lease for a prescribed mineral if the other lease relates to the relevant lease, including, because both leases are part of the same mining project; and\nprovide that the plan will replace any development plan for the other lease when it is approved.\nThe purposes of giving the information are to—\nallow resource management decisions to be made; and\nensure appropriate development of minerals, including prescribed minerals, that are specified in the lease under section 234 .\ns 317B ins 2020 No. 14 s 142\n(sec.317B-ssec.1) The development plan for a mining lease for a prescribed mineral (the relevant lease ) gives detailed information about the nature and extent of activities to be carried out under the relevant lease.\n(sec.317B-ssec.2) The development plan may— also relate to another mining lease for a prescribed mineral if the other lease relates to the relevant lease, including, because both leases are part of the same mining project; and provide that the plan will replace any development plan for the other lease when it is approved.\n(sec.317B-ssec.3) The purposes of giving the information are to— allow resource management decisions to be made; and ensure appropriate development of minerals, including prescribed minerals, that are specified in the lease under section 234 .\n- (a) also relate to another mining lease for a prescribed mineral if the other lease relates to the relevant lease, including, because both leases are part of the same mining project; and\n- (b) provide that the plan will replace any development plan for the other lease when it is approved.\n- (a) allow resource management decisions to be made; and\n- (b) ensure appropriate development of minerals, including prescribed minerals, that are specified in the lease under section 234 .","sortOrder":403},{"sectionNumber":"sec.317C","sectionType":"section","heading":"What is a prescribed mineral mining lease","content":"### sec.317C What is a prescribed mineral mining lease\n\nA mining lease for a prescribed mineral is a prescribed mineral mining lease if—\nwhen the lease is granted or renewed, there is a development plan for the lease; or\nparagraph (a) does not apply to the lease and, at least once, a threshold amount of the prescribed mineral has been mined—\nif the mining lease is part of a mining project—under the mining project in a project year for the project other than an excluded year; or\notherwise—under the lease in a lease year for the lease other than an excluded year.\nHowever, a mining lease to which subsection (1) (b) applies does not start to be a prescribed mineral mining lease until immediately after the threshold year for the lease ends.\nThis section applies subject to section 317X .\nTo remove any doubt, it is declared that a mining lease for a prescribed mineral continues to be a prescribed mineral mining lease even if a threshold amount of the prescribed mineral is not mined—\nfor a lease to which subsection (1) (a) applies—under the lease in any lease year for the lease or, if the lease is part of a mining project, under the mining project in any project year for the project; or\nfor a lease to which subsection (1) (b) applies—under the lease in any lease year for the lease after the threshold year or, if the lease is part of a mining project, under the mining project in any project year for the project after the threshold year.\nIn this section—\nexcluded year , in relation to a mining lease for a prescribed mineral, means—\nfor a lease that is part of a mining project—\na project year for the project that began before the mineral was prescribed by regulation to be a prescribed mineral; or\nif the prescribed threshold for the mineral is decreased and, prior to the decrease taking effect, an amount of the mineral that equals or exceeds the former prescribed threshold had not been mined under the project in a project year for the lease—a project year for the project that began before the decrease took effect; or\notherwise—\na lease year for the lease that began before the mineral was prescribed by regulation to be a prescribed mineral; or\nif the prescribed threshold for the mineral is decreased and, prior to the decrease taking effect, an amount of the mineral that equals or exceeds the former prescribed threshold had not been mined under the lease in a lease year for the lease—a lease year for the lease that began before the decrease took effect.\nthreshold year , in relation to a mining lease for a prescribed mineral, means—\nif the lease is part of a mining project—the first project year, after any excluded years, in which a threshold amount of the prescribed mineral is mined under the mining project; or\notherwise—the first lease year, after any excluded years, in which a threshold amount of the prescribed mineral is mined under the lease.\ns 317C ins 2020 No. 14 s 142\namd 2024 No. 33 s 139\n(sec.317C-ssec.1) A mining lease for a prescribed mineral is a prescribed mineral mining lease if— when the lease is granted or renewed, there is a development plan for the lease; or paragraph (a) does not apply to the lease and, at least once, a threshold amount of the prescribed mineral has been mined— if the mining lease is part of a mining project—under the mining project in a project year for the project other than an excluded year; or otherwise—under the lease in a lease year for the lease other than an excluded year.\n(sec.317C-ssec.2) However, a mining lease to which subsection (1) (b) applies does not start to be a prescribed mineral mining lease until immediately after the threshold year for the lease ends.\n(sec.317C-ssec.3) This section applies subject to section 317X .\n(sec.317C-ssec.4) To remove any doubt, it is declared that a mining lease for a prescribed mineral continues to be a prescribed mineral mining lease even if a threshold amount of the prescribed mineral is not mined— for a lease to which subsection (1) (a) applies—under the lease in any lease year for the lease or, if the lease is part of a mining project, under the mining project in any project year for the project; or for a lease to which subsection (1) (b) applies—under the lease in any lease year for the lease after the threshold year or, if the lease is part of a mining project, under the mining project in any project year for the project after the threshold year.\n(sec.317C-ssec.5) In this section— excluded year , in relation to a mining lease for a prescribed mineral, means— for a lease that is part of a mining project— a project year for the project that began before the mineral was prescribed by regulation to be a prescribed mineral; or if the prescribed threshold for the mineral is decreased and, prior to the decrease taking effect, an amount of the mineral that equals or exceeds the former prescribed threshold had not been mined under the project in a project year for the lease—a project year for the project that began before the decrease took effect; or otherwise— a lease year for the lease that began before the mineral was prescribed by regulation to be a prescribed mineral; or if the prescribed threshold for the mineral is decreased and, prior to the decrease taking effect, an amount of the mineral that equals or exceeds the former prescribed threshold had not been mined under the lease in a lease year for the lease—a lease year for the lease that began before the decrease took effect. threshold year , in relation to a mining lease for a prescribed mineral, means— if the lease is part of a mining project—the first project year, after any excluded years, in which a threshold amount of the prescribed mineral is mined under the mining project; or otherwise—the first lease year, after any excluded years, in which a threshold amount of the prescribed mineral is mined under the lease.\n- (a) when the lease is granted or renewed, there is a development plan for the lease; or\n- (b) paragraph (a) does not apply to the lease and, at least once, a threshold amount of the prescribed mineral has been mined— (i) if the mining lease is part of a mining project—under the mining project in a project year for the project other than an excluded year; or (ii) otherwise—under the lease in a lease year for the lease other than an excluded year.\n- (i) if the mining lease is part of a mining project—under the mining project in a project year for the project other than an excluded year; or\n- (ii) otherwise—under the lease in a lease year for the lease other than an excluded year.\n- (i) if the mining lease is part of a mining project—under the mining project in a project year for the project other than an excluded year; or\n- (ii) otherwise—under the lease in a lease year for the lease other than an excluded year.\n- (a) for a lease to which subsection (1) (a) applies—under the lease in any lease year for the lease or, if the lease is part of a mining project, under the mining project in any project year for the project; or\n- (b) for a lease to which subsection (1) (b) applies—under the lease in any lease year for the lease after the threshold year or, if the lease is part of a mining project, under the mining project in any project year for the project after the threshold year.\n- (a) for a lease that is part of a mining project— (i) a project year for the project that began before the mineral was prescribed by regulation to be a prescribed mineral; or (ii) if the prescribed threshold for the mineral is decreased and, prior to the decrease taking effect, an amount of the mineral that equals or exceeds the former prescribed threshold had not been mined under the project in a project year for the lease—a project year for the project that began before the decrease took effect; or\n- (i) a project year for the project that began before the mineral was prescribed by regulation to be a prescribed mineral; or\n- (ii) if the prescribed threshold for the mineral is decreased and, prior to the decrease taking effect, an amount of the mineral that equals or exceeds the former prescribed threshold had not been mined under the project in a project year for the lease—a project year for the project that began before the decrease took effect; or\n- (b) otherwise— (i) a lease year for the lease that began before the mineral was prescribed by regulation to be a prescribed mineral; or (ii) if the prescribed threshold for the mineral is decreased and, prior to the decrease taking effect, an amount of the mineral that equals or exceeds the former prescribed threshold had not been mined under the lease in a lease year for the lease—a lease year for the lease that began before the decrease took effect.\n- (i) a lease year for the lease that began before the mineral was prescribed by regulation to be a prescribed mineral; or\n- (ii) if the prescribed threshold for the mineral is decreased and, prior to the decrease taking effect, an amount of the mineral that equals or exceeds the former prescribed threshold had not been mined under the lease in a lease year for the lease—a lease year for the lease that began before the decrease took effect.\n- (i) a project year for the project that began before the mineral was prescribed by regulation to be a prescribed mineral; or\n- (ii) if the prescribed threshold for the mineral is decreased and, prior to the decrease taking effect, an amount of the mineral that equals or exceeds the former prescribed threshold had not been mined under the project in a project year for the lease—a project year for the project that began before the decrease took effect; or\n- (i) a lease year for the lease that began before the mineral was prescribed by regulation to be a prescribed mineral; or\n- (ii) if the prescribed threshold for the mineral is decreased and, prior to the decrease taking effect, an amount of the mineral that equals or exceeds the former prescribed threshold had not been mined under the lease in a lease year for the lease—a lease year for the lease that began before the decrease took effect.\n- (a) if the lease is part of a mining project—the first project year, after any excluded years, in which a threshold amount of the prescribed mineral is mined under the mining project; or\n- (b) otherwise—the first lease year, after any excluded years, in which a threshold amount of the prescribed mineral is mined under the lease.","sortOrder":404},{"sectionNumber":"sec.317D","sectionType":"section","heading":"What is a new prescribed mineral mining lease","content":"### sec.317D What is a new prescribed mineral mining lease\n\nA prescribed mineral mining lease under section 317C (1) (b) is a new prescribed mineral mining lease for the period that—\nstarts when the mining lease becomes a prescribed mineral mining lease under section 317C (2) ; and\nends when—\nan initial development plan for the lease is approved; or\nif a decision to refuse to approve a proposed initial development plan for the lease is made at least 6 months after the time mentioned in paragraph (a) —the decision takes effect under section 317V .\nSee also section 317H (2) for the holder’s right to lodge another proposed initial development plan for a new prescribed mineral mining lease if an earlier proposed plan is refused within 6 months after the time mentioned in paragraph (a) .\ns 317D ins 2020 No. 14 s 142\namd 2024 No. 33 s 140\n- (a) starts when the mining lease becomes a prescribed mineral mining lease under section 317C (2) ; and\n- (b) ends when— (i) an initial development plan for the lease is approved; or (ii) if a decision to refuse to approve a proposed initial development plan for the lease is made at least 6 months after the time mentioned in paragraph (a) —the decision takes effect under section 317V . Note— See also section 317H (2) for the holder’s right to lodge another proposed initial development plan for a new prescribed mineral mining lease if an earlier proposed plan is refused within 6 months after the time mentioned in paragraph (a) .\n- (i) an initial development plan for the lease is approved; or\n- (ii) if a decision to refuse to approve a proposed initial development plan for the lease is made at least 6 months after the time mentioned in paragraph (a) —the decision takes effect under section 317V . Note— See also section 317H (2) for the holder’s right to lodge another proposed initial development plan for a new prescribed mineral mining lease if an earlier proposed plan is refused within 6 months after the time mentioned in paragraph (a) .\n- (i) an initial development plan for the lease is approved; or\n- (ii) if a decision to refuse to approve a proposed initial development plan for the lease is made at least 6 months after the time mentioned in paragraph (a) —the decision takes effect under section 317V . Note— See also section 317H (2) for the holder’s right to lodge another proposed initial development plan for a new prescribed mineral mining lease if an earlier proposed plan is refused within 6 months after the time mentioned in paragraph (a) .","sortOrder":405},{"sectionNumber":"sec.317DA","sectionType":"section","heading":"What is the lodgement period for a new prescribed mineral mining lease","content":"### sec.317DA What is the lodgement period for a new prescribed mineral mining lease\n\nThe lodgement period for a new prescribed mineral mining lease is the period of 6 months starting when the mining lease becomes a prescribed mineral mining lease under section 317C (2) .\ns 317DA ins 2024 No. 33 s 141","sortOrder":406},{"sectionNumber":"sec.317E","sectionType":"section","heading":"What is a development plan and its plan period","content":"### sec.317E What is a development plan and its plan period\n\nThe development plan for a prescribed mineral mining lease is—\nthe current initial development plan for the lease approved under division 3 ; or\nthe current later development plan for the lease approved under division 4 .\nFor subsection (1) , the development plan is current if the plan period has started and not ended.\nSee also sections 286C (3) and 317R .\nThe period to which a development plan applies is its plan period .\ns 317E ins 2020 No. 14 s 142\n(sec.317E-ssec.1) The development plan for a prescribed mineral mining lease is— the current initial development plan for the lease approved under division 3 ; or the current later development plan for the lease approved under division 4 .\n(sec.317E-ssec.2) For subsection (1) , the development plan is current if the plan period has started and not ended. See also sections 286C (3) and 317R .\n(sec.317E-ssec.3) The period to which a development plan applies is its plan period .\n- (a) the current initial development plan for the lease approved under division 3 ; or\n- (b) the current later development plan for the lease approved under division 4 .","sortOrder":407},{"sectionNumber":"ch.6-pt.1A-div.2","sectionType":"division","heading":"Requirements for development plans","content":"## Requirements for development plans","sortOrder":408},{"sectionNumber":"sec.317F","sectionType":"section","heading":"Requirement to have development plan","content":"### sec.317F Requirement to have development plan\n\nIt is a condition of each prescribed mineral mining lease that its holder must ensure there is a development plan for the lease.\nThe development plan for a mining lease is its current initial or later development plan, as approved under this part. See the definition of development plan in section 317E . For the requirement to lodge a proposed later development plan and its approval, see division 4 .\ns 317F ins 2020 No. 14 s 142","sortOrder":409},{"sectionNumber":"sec.317G","sectionType":"section","heading":"Obligation to comply with development plan","content":"### sec.317G Obligation to comply with development plan\n\nIt is a condition of each prescribed mineral mining lease that its holder must comply with the development plan for the lease.\ns 317G ins 2020 No. 14 s 142","sortOrder":410},{"sectionNumber":"sec.317H","sectionType":"section","heading":"Development plan for new prescribed mineral mining lease","content":"### sec.317H Development plan for new prescribed mineral mining lease\n\nA condition stated in section 317F or 317G is complied with for a new prescribed mineral mining lease if a proposed initial development plan for the lease—\nis lodged; and\ncomplies with the initial development plan requirements for a mining lease for a prescribed mineral; and\nSee section 317K for the initial development plan requirements.\nis accompanied by the relevant fee.\nIf, before the end of the lodgement period for the lease, a decision to refuse to approve a proposed initial development plan lodged under subsection (1) is made, the holder may lodge another proposed initial development plan for the lease within the lodgement period.\nIn this section—\nrelevant fee , for the lodgement of a proposed initial development plan for a new prescribed mineral mining lease, means—\nif the proposed plan is lodged within the lodgement period for the lease—\nfor the lodgement of the first proposed plan—the fee prescribed by regulation; or\nfor the lodgement of another proposed plan under subsection (2) —nil; or\notherwise—an amount that is 10 times the fee mentioned in paragraph (a) (i) .\ns 317H ins 2020 No. 14 s 142\namd 2024 No. 33 s 183 s ch 1 pt 2\n(sec.317H-ssec.1) A condition stated in section 317F or 317G is complied with for a new prescribed mineral mining lease if a proposed initial development plan for the lease— is lodged; and complies with the initial development plan requirements for a mining lease for a prescribed mineral; and See section 317K for the initial development plan requirements. is accompanied by the relevant fee.\n(sec.317H-ssec.2) If, before the end of the lodgement period for the lease, a decision to refuse to approve a proposed initial development plan lodged under subsection (1) is made, the holder may lodge another proposed initial development plan for the lease within the lodgement period.\n(sec.317H-ssec.3) In this section— relevant fee , for the lodgement of a proposed initial development plan for a new prescribed mineral mining lease, means— if the proposed plan is lodged within the lodgement period for the lease— for the lodgement of the first proposed plan—the fee prescribed by regulation; or for the lodgement of another proposed plan under subsection (2) —nil; or otherwise—an amount that is 10 times the fee mentioned in paragraph (a) (i) .\n- (a) is lodged; and\n- (b) complies with the initial development plan requirements for a mining lease for a prescribed mineral; and Note— See section 317K for the initial development plan requirements.\n- (c) is accompanied by the relevant fee.\n- (a) if the proposed plan is lodged within the lodgement period for the lease— (i) for the lodgement of the first proposed plan—the fee prescribed by regulation; or (ii) for the lodgement of another proposed plan under subsection (2) —nil; or\n- (i) for the lodgement of the first proposed plan—the fee prescribed by regulation; or\n- (ii) for the lodgement of another proposed plan under subsection (2) —nil; or\n- (b) otherwise—an amount that is 10 times the fee mentioned in paragraph (a) (i) .\n- (i) for the lodgement of the first proposed plan—the fee prescribed by regulation; or\n- (ii) for the lodgement of another proposed plan under subsection (2) —nil; or","sortOrder":411},{"sectionNumber":"sec.317I","sectionType":"section","heading":"Consequence of failure to comply with notice to lodge proposed initial development plan","content":"### sec.317I Consequence of failure to comply with notice to lodge proposed initial development plan\n\nThis section applies if the holder of a new prescribed mineral mining lease—\ndoes not lodge a proposed initial development plan under section 317H (1) within the lodgement period for the lease; or\nif section 317H (2) applies—does not lodge another proposed initial development plan under that subsection within the lodgement period for the lease.\nThe holder must be given a notice requiring the holder to lodge a proposed initial development plan for the lease within 40 business days after the notice is given.\nThe holder must comply with the requirement.\nIf the holder does not comply with the requirement, the lease is cancelled.\nHowever, the cancellation does not take effect until the holder is given a notice stating that the lease has been cancelled because of the operation of subsection (4) .\ns 317I ins 2020 No. 14 s 142\namd 2024 No. 33 s 183 s ch 1 pt 2\n(sec.317I-ssec.1) This section applies if the holder of a new prescribed mineral mining lease— does not lodge a proposed initial development plan under section 317H (1) within the lodgement period for the lease; or if section 317H (2) applies—does not lodge another proposed initial development plan under that subsection within the lodgement period for the lease.\n(sec.317I-ssec.2) The holder must be given a notice requiring the holder to lodge a proposed initial development plan for the lease within 40 business days after the notice is given.\n(sec.317I-ssec.3) The holder must comply with the requirement.\n(sec.317I-ssec.4) If the holder does not comply with the requirement, the lease is cancelled.\n(sec.317I-ssec.5) However, the cancellation does not take effect until the holder is given a notice stating that the lease has been cancelled because of the operation of subsection (4) .\n- (a) does not lodge a proposed initial development plan under section 317H (1) within the lodgement period for the lease; or\n- (b) if section 317H (2) applies—does not lodge another proposed initial development plan under that subsection within the lodgement period for the lease.","sortOrder":412},{"sectionNumber":"sec.317J","sectionType":"section","heading":"Initial development plan requirements—proposed mining lease","content":"### sec.317J Initial development plan requirements—proposed mining lease\n\nThis section provides for requirements (the initial development plan requirements ) for a proposed initial development plan for a proposed mining lease for a prescribed mineral.\nSee section 246 (2) for the circumstances in which a proposed initial development plan must be lodged with an application for the grant of a mining lease.\nThe proposed plan must provide for each of the following—\nan overview of the activities proposed to be carried out under the proposed mining lease during all of its proposed term;\nfor each year of the plan period—\nthe nature and extent of activities proposed to be carried out under the proposed mining lease during the year; and\nwhere the activities are proposed to be carried out;\nfor each mineral the applicant proposes to mine under the proposed mining lease—\nthe location and an estimate of the resources of the mineral in all of the area, or proposed area, of the proposed mining lease; and\nthe standards and procedures used to make the estimate; and\nthe rate and amount of the proposed mining; and\napproximately when the proposed mining is to start; and\na schedule for the proposed mining during the plan period;\nmaps or other documents that show the matters mentioned in paragraphs (b) and (c) (i) , (iii) and (iv) ;\nif the proposed mining lease is to be part of a mining project and the plan does not relate to 1 or more of the mining leases that comprise the project—how the overview of activities mentioned in paragraph (a) relates to the activities proposed to be carried out under those leases during the remainder of their terms;\nany other information relevant to the criteria mentioned in section 317N ;\nreasons why the plan is considered appropriate;\nanother matter prescribed by regulation.\nThe proposed plan must state its period.\nThe period must not be longer than—\nif the term sought for the mining lease is 5 years or more—5 years from the start of the term; or\notherwise—the term of the mining lease.\nThe proposed plan must comply with any requirements about the form of a development plan prescribed by regulation.\ns 317J ins 2020 No. 14 s 142\n(sec.317J-ssec.1) This section provides for requirements (the initial development plan requirements ) for a proposed initial development plan for a proposed mining lease for a prescribed mineral. See section 246 (2) for the circumstances in which a proposed initial development plan must be lodged with an application for the grant of a mining lease.\n(sec.317J-ssec.2) The proposed plan must provide for each of the following— an overview of the activities proposed to be carried out under the proposed mining lease during all of its proposed term; for each year of the plan period— the nature and extent of activities proposed to be carried out under the proposed mining lease during the year; and where the activities are proposed to be carried out; for each mineral the applicant proposes to mine under the proposed mining lease— the location and an estimate of the resources of the mineral in all of the area, or proposed area, of the proposed mining lease; and the standards and procedures used to make the estimate; and the rate and amount of the proposed mining; and approximately when the proposed mining is to start; and a schedule for the proposed mining during the plan period; maps or other documents that show the matters mentioned in paragraphs (b) and (c) (i) , (iii) and (iv) ; if the proposed mining lease is to be part of a mining project and the plan does not relate to 1 or more of the mining leases that comprise the project—how the overview of activities mentioned in paragraph (a) relates to the activities proposed to be carried out under those leases during the remainder of their terms; any other information relevant to the criteria mentioned in section 317N ; reasons why the plan is considered appropriate; another matter prescribed by regulation.\n(sec.317J-ssec.3) The proposed plan must state its period.\n(sec.317J-ssec.4) The period must not be longer than— if the term sought for the mining lease is 5 years or more—5 years from the start of the term; or otherwise—the term of the mining lease.\n(sec.317J-ssec.5) The proposed plan must comply with any requirements about the form of a development plan prescribed by regulation.\n- (a) an overview of the activities proposed to be carried out under the proposed mining lease during all of its proposed term;\n- (b) for each year of the plan period— (i) the nature and extent of activities proposed to be carried out under the proposed mining lease during the year; and (ii) where the activities are proposed to be carried out;\n- (i) the nature and extent of activities proposed to be carried out under the proposed mining lease during the year; and\n- (ii) where the activities are proposed to be carried out;\n- (c) for each mineral the applicant proposes to mine under the proposed mining lease— (i) the location and an estimate of the resources of the mineral in all of the area, or proposed area, of the proposed mining lease; and (ii) the standards and procedures used to make the estimate; and (iii) the rate and amount of the proposed mining; and (iv) approximately when the proposed mining is to start; and (v) a schedule for the proposed mining during the plan period;\n- (i) the location and an estimate of the resources of the mineral in all of the area, or proposed area, of the proposed mining lease; and\n- (ii) the standards and procedures used to make the estimate; and\n- (iii) the rate and amount of the proposed mining; and\n- (iv) approximately when the proposed mining is to start; and\n- (v) a schedule for the proposed mining during the plan period;\n- (d) maps or other documents that show the matters mentioned in paragraphs (b) and (c) (i) , (iii) and (iv) ;\n- (e) if the proposed mining lease is to be part of a mining project and the plan does not relate to 1 or more of the mining leases that comprise the project—how the overview of activities mentioned in paragraph (a) relates to the activities proposed to be carried out under those leases during the remainder of their terms;\n- (f) any other information relevant to the criteria mentioned in section 317N ;\n- (g) reasons why the plan is considered appropriate;\n- (h) another matter prescribed by regulation.\n- (i) the nature and extent of activities proposed to be carried out under the proposed mining lease during the year; and\n- (ii) where the activities are proposed to be carried out;\n- (i) the location and an estimate of the resources of the mineral in all of the area, or proposed area, of the proposed mining lease; and\n- (ii) the standards and procedures used to make the estimate; and\n- (iii) the rate and amount of the proposed mining; and\n- (iv) approximately when the proposed mining is to start; and\n- (v) a schedule for the proposed mining during the plan period;\n- (a) if the term sought for the mining lease is 5 years or more—5 years from the start of the term; or\n- (b) otherwise—the term of the mining lease.","sortOrder":413},{"sectionNumber":"sec.317K","sectionType":"section","heading":"Initial development plan requirements—mining lease","content":"### sec.317K Initial development plan requirements—mining lease\n\nThis section provides for requirements (the initial development plan requirements ) for a proposed initial development plan for a mining lease for a prescribed mineral.\nSee section 286AA (3) for the circumstances in which a proposed initial development plan for a mining lease must be lodged with an application for the renewal of a mining lease.\nSee section 317H for the requirement for a proposed initial development plan for a new prescribed mineral mining lease to be lodged.\nSee section 317Q (2) (a) for the requirement for a later development plan for a mining lease for a prescribed mineral to comply with the initial development plan requirements in this section.\nThe proposed plan must provide for each of the following—\nan overview of the activities proposed to be carried out under the mining lease during all of the relevant term;\nfor each year of the plan period—\nthe nature and extent of activities proposed to be carried out under the mining lease during the year; and\nwhere the activities are proposed to be carried out;\nfor each mineral the holder proposes to mine under the mining lease during all of the relevant term—\nthe location and an estimate of the resources of the mineral in all of the area of the mining lease; and\nthe standards and procedures used to make the estimate; and\nthe rate and amount of the proposed mining; and\na schedule for the proposed mining during the plan period;\nmaps or other documents that show the matters mentioned in paragraphs (b) and (c) (i) , (iii) and (iv) ;\nif the mining lease is part of a mining project and the plan does not relate to 1 or more of the mining leases that comprise the project—how the overview of activities mentioned in paragraph (a) relates to the activities proposed to be carried out under those leases during the remainder of their terms;\nany other information relevant to the criteria mentioned in section 317N ;\nreasons why the plan is considered appropriate;\nanother matter prescribed by regulation.\nThe proposed plan must state its period.\nThe period must not be longer than—\nif the relevant term of the mining lease is 5 years or more—5 years; or\notherwise—the relevant term of the mining lease.\nThe proposed plan must comply with any requirements about the form of a development plan prescribed by regulation.\nIn this section—\nrelevant term , for a mining lease, means—\nif a proposed initial development plan is included with an application for renewal of a mining lease—the term of the renewed mining lease; or\notherwise—the remaining term of the mining lease.\ns 317K ins 2020 No. 14 s 142\n(sec.317K-ssec.1) This section provides for requirements (the initial development plan requirements ) for a proposed initial development plan for a mining lease for a prescribed mineral. See section 286AA (3) for the circumstances in which a proposed initial development plan for a mining lease must be lodged with an application for the renewal of a mining lease. See section 317H for the requirement for a proposed initial development plan for a new prescribed mineral mining lease to be lodged. See section 317Q (2) (a) for the requirement for a later development plan for a mining lease for a prescribed mineral to comply with the initial development plan requirements in this section.\n(sec.317K-ssec.2) The proposed plan must provide for each of the following— an overview of the activities proposed to be carried out under the mining lease during all of the relevant term; for each year of the plan period— the nature and extent of activities proposed to be carried out under the mining lease during the year; and where the activities are proposed to be carried out; for each mineral the holder proposes to mine under the mining lease during all of the relevant term— the location and an estimate of the resources of the mineral in all of the area of the mining lease; and the standards and procedures used to make the estimate; and the rate and amount of the proposed mining; and a schedule for the proposed mining during the plan period; maps or other documents that show the matters mentioned in paragraphs (b) and (c) (i) , (iii) and (iv) ; if the mining lease is part of a mining project and the plan does not relate to 1 or more of the mining leases that comprise the project—how the overview of activities mentioned in paragraph (a) relates to the activities proposed to be carried out under those leases during the remainder of their terms; any other information relevant to the criteria mentioned in section 317N ; reasons why the plan is considered appropriate; another matter prescribed by regulation.\n(sec.317K-ssec.3) The proposed plan must state its period.\n(sec.317K-ssec.4) The period must not be longer than— if the relevant term of the mining lease is 5 years or more—5 years; or otherwise—the relevant term of the mining lease.\n(sec.317K-ssec.5) The proposed plan must comply with any requirements about the form of a development plan prescribed by regulation.\n(sec.317K-ssec.6) In this section— relevant term , for a mining lease, means— if a proposed initial development plan is included with an application for renewal of a mining lease—the term of the renewed mining lease; or otherwise—the remaining term of the mining lease.\n- 1 See section 286AA (3) for the circumstances in which a proposed initial development plan for a mining lease must be lodged with an application for the renewal of a mining lease.\n- 2 See section 317H for the requirement for a proposed initial development plan for a new prescribed mineral mining lease to be lodged.\n- 3 See section 317Q (2) (a) for the requirement for a later development plan for a mining lease for a prescribed mineral to comply with the initial development plan requirements in this section.\n- (a) an overview of the activities proposed to be carried out under the mining lease during all of the relevant term;\n- (b) for each year of the plan period— (i) the nature and extent of activities proposed to be carried out under the mining lease during the year; and (ii) where the activities are proposed to be carried out;\n- (i) the nature and extent of activities proposed to be carried out under the mining lease during the year; and\n- (ii) where the activities are proposed to be carried out;\n- (c) for each mineral the holder proposes to mine under the mining lease during all of the relevant term— (i) the location and an estimate of the resources of the mineral in all of the area of the mining lease; and (ii) the standards and procedures used to make the estimate; and (iii) the rate and amount of the proposed mining; and (iv) a schedule for the proposed mining during the plan period;\n- (i) the location and an estimate of the resources of the mineral in all of the area of the mining lease; and\n- (ii) the standards and procedures used to make the estimate; and\n- (iii) the rate and amount of the proposed mining; and\n- (iv) a schedule for the proposed mining during the plan period;\n- (d) maps or other documents that show the matters mentioned in paragraphs (b) and (c) (i) , (iii) and (iv) ;\n- (e) if the mining lease is part of a mining project and the plan does not relate to 1 or more of the mining leases that comprise the project—how the overview of activities mentioned in paragraph (a) relates to the activities proposed to be carried out under those leases during the remainder of their terms;\n- (f) any other information relevant to the criteria mentioned in section 317N ;\n- (g) reasons why the plan is considered appropriate;\n- (h) another matter prescribed by regulation.\n- (i) the nature and extent of activities proposed to be carried out under the mining lease during the year; and\n- (ii) where the activities are proposed to be carried out;\n- (i) the location and an estimate of the resources of the mineral in all of the area of the mining lease; and\n- (ii) the standards and procedures used to make the estimate; and\n- (iii) the rate and amount of the proposed mining; and\n- (iv) a schedule for the proposed mining during the plan period;\n- (a) if the relevant term of the mining lease is 5 years or more—5 years; or\n- (b) otherwise—the relevant term of the mining lease.\n- (a) if a proposed initial development plan is included with an application for renewal of a mining lease—the term of the renewed mining lease; or\n- (b) otherwise—the remaining term of the mining lease.","sortOrder":414},{"sectionNumber":"ch.6-pt.1A-div.3","sectionType":"division","heading":"Initial development plans","content":"## Initial development plans","sortOrder":415},{"sectionNumber":"sec.317L","sectionType":"section","heading":"Ministerial approval of proposed plan","content":"### sec.317L Ministerial approval of proposed plan\n\nThe Minister must decide whether to approve a proposed initial development plan—\nincluded with an application for a mining lease, or renewal of a mining lease, for a prescribed mineral; or\nlodged by the holder of a new prescribed mineral mining lease.\nSee sections 271A (4) and 286A (3A) for the consequence for an application mentioned in paragraph (a) if the proposed initial development plan is not approved.\nSee section 317F for the condition that a prescribed mineral mining lease must have a development plan and section 308 for the power of the Minister to cancel the lease for breach of the condition.\ns 317L ins 2020 No. 14 s 142\n- (a) included with an application for a mining lease, or renewal of a mining lease, for a prescribed mineral; or\n- (b) lodged by the holder of a new prescribed mineral mining lease.\n- 1 See sections 271A (4) and 286A (3A) for the consequence for an application mentioned in paragraph (a) if the proposed initial development plan is not approved.\n- 2 See section 317F for the condition that a prescribed mineral mining lease must have a development plan and section 308 for the power of the Minister to cancel the lease for breach of the condition.","sortOrder":416},{"sectionNumber":"sec.317M","sectionType":"section","heading":"Before approval of proposed plan","content":"### sec.317M Before approval of proposed plan\n\nThis section applies to—\nthe applicant for the grant or renewal of a mining lease for a prescribed mineral who has lodged a proposed initial development plan; or\nthe holder of a new prescribed mineral mining lease who has lodged a proposed initial development plan.\nThe applicant or holder may, by lodged notice, amend the proposed initial development plan at any time before the Minister decides whether to approve the proposed plan.\nThe notice must be accompanied by the amended proposed initial development plan.\nThe Minister may give the applicant or holder a notice requiring the applicant or holder to give the Minister, within the reasonable period stated in the notice, information the Minister reasonably requires to decide whether to approve the proposed initial development plan.\nIf the applicant or holder does not comply with the requirement, the Minister may refuse to approve the proposed initial development plan.\ns 317M ins 2020 No. 14 s 142\n(sec.317M-ssec.1) This section applies to— the applicant for the grant or renewal of a mining lease for a prescribed mineral who has lodged a proposed initial development plan; or the holder of a new prescribed mineral mining lease who has lodged a proposed initial development plan.\n(sec.317M-ssec.2) The applicant or holder may, by lodged notice, amend the proposed initial development plan at any time before the Minister decides whether to approve the proposed plan.\n(sec.317M-ssec.3) The notice must be accompanied by the amended proposed initial development plan.\n(sec.317M-ssec.4) The Minister may give the applicant or holder a notice requiring the applicant or holder to give the Minister, within the reasonable period stated in the notice, information the Minister reasonably requires to decide whether to approve the proposed initial development plan.\n(sec.317M-ssec.5) If the applicant or holder does not comply with the requirement, the Minister may refuse to approve the proposed initial development plan.\n- (a) the applicant for the grant or renewal of a mining lease for a prescribed mineral who has lodged a proposed initial development plan; or\n- (b) the holder of a new prescribed mineral mining lease who has lodged a proposed initial development plan.","sortOrder":417},{"sectionNumber":"sec.317N","sectionType":"section","heading":"Deciding whether to approve proposed plan","content":"### sec.317N Deciding whether to approve proposed plan\n\nThe Minister may approve or refuse to approve a proposed initial development plan for a proposed mining lease or mining lease for a prescribed mineral.\nThe matters that must be considered in deciding whether to approve a proposed initial development plan include each of the following—\nthe potential of the area of the proposed mining lease or mining lease for each of the following (the activities )—\nmining;\neach other purpose for which the lease is sought or was granted;\nthe nature and extent of the activities;\nwhen and where the activities are proposed to be carried out;\nwhether the mining of minerals specified in the lease, or that are sought to be specified in the lease under section 234 , will be optimised in the best interests of the State, having regard to the public interest.\ns 317N ins 2020 No. 14 s 142\n(sec.317N-ssec.1) The Minister may approve or refuse to approve a proposed initial development plan for a proposed mining lease or mining lease for a prescribed mineral.\n(sec.317N-ssec.2) The matters that must be considered in deciding whether to approve a proposed initial development plan include each of the following— the potential of the area of the proposed mining lease or mining lease for each of the following (the activities )— mining; each other purpose for which the lease is sought or was granted; the nature and extent of the activities; when and where the activities are proposed to be carried out; whether the mining of minerals specified in the lease, or that are sought to be specified in the lease under section 234 , will be optimised in the best interests of the State, having regard to the public interest.\n- (a) the potential of the area of the proposed mining lease or mining lease for each of the following (the activities )— (i) mining; (ii) each other purpose for which the lease is sought or was granted;\n- (i) mining;\n- (ii) each other purpose for which the lease is sought or was granted;\n- (b) the nature and extent of the activities;\n- (c) when and where the activities are proposed to be carried out;\n- (d) whether the mining of minerals specified in the lease, or that are sought to be specified in the lease under section 234 , will be optimised in the best interests of the State, having regard to the public interest.\n- (i) mining;\n- (ii) each other purpose for which the lease is sought or was granted;","sortOrder":418},{"sectionNumber":"ch.6-pt.1A-div.4","sectionType":"division","heading":"Later development plans","content":"## Later development plans","sortOrder":419},{"sectionNumber":"sec.317O","sectionType":"section","heading":"Obligation to lodge proposed later development plan","content":"### sec.317O Obligation to lodge proposed later development plan\n\nIt is a condition of each prescribed mineral mining lease that its holder must lodge a proposed later development plan for the mining lease as required under subsection (2) .\nIf the holder wishes to renew the lease, a proposed later development plan must be included in the renewal application. See section 286AA .\nThe condition is complied with only if the proposed later development plan—\nis lodged; and\ncomplies with the later development plan requirements; and\nis accompanied by the relevant fee.\nA proposed later development plan must be lodged—\nat least 40, but no more than 100, business days before the end of the current plan period; or\nas soon as practicable after the holder proposes or becomes aware of a significant change to the nature and extent of an authorised activity that is not already dealt with under the current development plan for the lease.\nIf, before the end of the current plan period, a decision to refuse to approve a proposed later development plan lodged under subsection (2) (a) is made, the holder may lodge another proposed later development plan within the current plan period.\nIn this section—\nrelevant fee , for the lodgement of the proposed later development plan, means—\nif the proposed plan is lodged within the time required under subsection (3) —the fee prescribed by regulation; or\nif the proposed plan is lodged under subsection (4) —nil; or\notherwise—an amount that is 10 times the prescribed fee.\ns 317O ins 2020 No. 14 s 142\n(sec.317O-ssec.1) It is a condition of each prescribed mineral mining lease that its holder must lodge a proposed later development plan for the mining lease as required under subsection (2) . If the holder wishes to renew the lease, a proposed later development plan must be included in the renewal application. See section 286AA .\n(sec.317O-ssec.2) The condition is complied with only if the proposed later development plan— is lodged; and complies with the later development plan requirements; and is accompanied by the relevant fee.\n(sec.317O-ssec.3) A proposed later development plan must be lodged— at least 40, but no more than 100, business days before the end of the current plan period; or as soon as practicable after the holder proposes or becomes aware of a significant change to the nature and extent of an authorised activity that is not already dealt with under the current development plan for the lease.\n(sec.317O-ssec.4) If, before the end of the current plan period, a decision to refuse to approve a proposed later development plan lodged under subsection (2) (a) is made, the holder may lodge another proposed later development plan within the current plan period.\n(sec.317O-ssec.5) In this section— relevant fee , for the lodgement of the proposed later development plan, means— if the proposed plan is lodged within the time required under subsection (3) —the fee prescribed by regulation; or if the proposed plan is lodged under subsection (4) —nil; or otherwise—an amount that is 10 times the prescribed fee.\n- (a) is lodged; and\n- (b) complies with the later development plan requirements; and\n- (c) is accompanied by the relevant fee.\n- (a) at least 40, but no more than 100, business days before the end of the current plan period; or\n- (b) as soon as practicable after the holder proposes or becomes aware of a significant change to the nature and extent of an authorised activity that is not already dealt with under the current development plan for the lease.\n- (a) if the proposed plan is lodged within the time required under subsection (3) —the fee prescribed by regulation; or\n- (b) if the proposed plan is lodged under subsection (4) —nil; or\n- (c) otherwise—an amount that is 10 times the prescribed fee.","sortOrder":420},{"sectionNumber":"sec.317P","sectionType":"section","heading":"Consequence of failure to comply with notice to lodge proposed later development plan","content":"### sec.317P Consequence of failure to comply with notice to lodge proposed later development plan\n\nThis section applies if the holder of a prescribed mineral mining lease—\ndoes not lodge a proposed later development plan under section 317O (2) within the current plan period; or\nif section 317O (4) applies—does not lodge another proposed later development plan under that subsection within the current plan period.\nThe holder must be given a notice requiring the holder to lodge a proposed later development plan for the lease within 40 business days after the notice is given.\nThe holder must comply with the requirement.\nIf the holder does not comply with the requirement, the lease is cancelled.\nHowever, the cancellation does not take effect until the holder is given a notice stating that the lease has been cancelled because of the operation of subsection (4) .\ns 317P ins 2020 No. 14 s 142\n(sec.317P-ssec.1) This section applies if the holder of a prescribed mineral mining lease— does not lodge a proposed later development plan under section 317O (2) within the current plan period; or if section 317O (4) applies—does not lodge another proposed later development plan under that subsection within the current plan period.\n(sec.317P-ssec.2) The holder must be given a notice requiring the holder to lodge a proposed later development plan for the lease within 40 business days after the notice is given.\n(sec.317P-ssec.3) The holder must comply with the requirement.\n(sec.317P-ssec.4) If the holder does not comply with the requirement, the lease is cancelled.\n(sec.317P-ssec.5) However, the cancellation does not take effect until the holder is given a notice stating that the lease has been cancelled because of the operation of subsection (4) .\n- (a) does not lodge a proposed later development plan under section 317O (2) within the current plan period; or\n- (b) if section 317O (4) applies—does not lodge another proposed later development plan under that subsection within the current plan period.","sortOrder":421},{"sectionNumber":"sec.317Q","sectionType":"section","heading":"Later development plan requirements","content":"### sec.317Q Later development plan requirements\n\nThis section provides for requirements (the later development plan requirements ) for a proposed later development plan for a prescribed mineral mining lease.\nA proposed later development plan must—\ncomply with the initial development plan requirements for a mining lease for a prescribed mineral; and\nSee section 317K for the initial development plan requirements.\nhighlight any significant changes from the current development plan for the mining lease; and\nstate whether the current development plan has been complied with; and\nif the current development plan has not been complied with—state the details of, and reasons for, each noncompliance.\nIf the effect of the proposed later development plan is to significantly change an activity provided for under the current development plan, the proposed plan must also state reasons for the change.\ns 317Q ins 2020 No. 14 s 142\n(sec.317Q-ssec.1) This section provides for requirements (the later development plan requirements ) for a proposed later development plan for a prescribed mineral mining lease.\n(sec.317Q-ssec.2) A proposed later development plan must— comply with the initial development plan requirements for a mining lease for a prescribed mineral; and See section 317K for the initial development plan requirements. highlight any significant changes from the current development plan for the mining lease; and state whether the current development plan has been complied with; and if the current development plan has not been complied with—state the details of, and reasons for, each noncompliance.\n(sec.317Q-ssec.3) If the effect of the proposed later development plan is to significantly change an activity provided for under the current development plan, the proposed plan must also state reasons for the change.\n- (a) comply with the initial development plan requirements for a mining lease for a prescribed mineral; and Note— See section 317K for the initial development plan requirements.\n- (b) highlight any significant changes from the current development plan for the mining lease; and\n- (c) state whether the current development plan has been complied with; and\n- (d) if the current development plan has not been complied with—state the details of, and reasons for, each noncompliance.","sortOrder":422},{"sectionNumber":"sec.317R","sectionType":"section","heading":"Mining lease taken to have development plan until decision about approval","content":"### sec.317R Mining lease taken to have development plan until decision about approval\n\nThis section applies—\nif, under section 317O , the holder of a prescribed mineral mining lease lodges a proposed later development plan before the end of the current plan period for the lease; and\nuntil either—\nthe holder is given notice that the proposed plan is approved; or\nrefusal of the proposed plan takes effect under section 317V .\nDespite the current plan period for the lease ending—\nthe mining lease is taken to have a development plan; and\nthe holder may carry out any authorised activity for the lease.\ns 317R ins 2020 No. 14 s 142\n(sec.317R-ssec.1) This section applies— if, under section 317O , the holder of a prescribed mineral mining lease lodges a proposed later development plan before the end of the current plan period for the lease; and until either— the holder is given notice that the proposed plan is approved; or refusal of the proposed plan takes effect under section 317V .\n(sec.317R-ssec.2) Despite the current plan period for the lease ending— the mining lease is taken to have a development plan; and the holder may carry out any authorised activity for the lease.\n- (a) if, under section 317O , the holder of a prescribed mineral mining lease lodges a proposed later development plan before the end of the current plan period for the lease; and\n- (b) until either— (i) the holder is given notice that the proposed plan is approved; or (ii) refusal of the proposed plan takes effect under section 317V .\n- (i) the holder is given notice that the proposed plan is approved; or\n- (ii) refusal of the proposed plan takes effect under section 317V .\n- (i) the holder is given notice that the proposed plan is approved; or\n- (ii) refusal of the proposed plan takes effect under section 317V .\n- (a) the mining lease is taken to have a development plan; and\n- (b) the holder may carry out any authorised activity for the lease.","sortOrder":423},{"sectionNumber":"sec.317S","sectionType":"section","heading":"Ministerial approval of proposed plan","content":"### sec.317S Ministerial approval of proposed plan\n\nThe Minister must decide whether to approve a proposed later development plan—\nincluded with an application for a mining lease, or renewal of a mining lease, for a prescribed mineral; or\nlodged by the holder of a prescribed mineral mining lease.\nSee sections 271A (4) and 286A (3A) for the consequence for an application mentioned in paragraph (a) if the proposed later development plan is not approved.\nSee section 317F for the condition that a prescribed mineral mining lease must have a development plan and section 308 for the power of the Minister to cancel the lease for breach of the condition.\ns 317S ins 2020 No. 14 s 142\n- (a) included with an application for a mining lease, or renewal of a mining lease, for a prescribed mineral; or\n- (b) lodged by the holder of a prescribed mineral mining lease.\n- 1 See sections 271A (4) and 286A (3A) for the consequence for an application mentioned in paragraph (a) if the proposed later development plan is not approved.\n- 2 See section 317F for the condition that a prescribed mineral mining lease must have a development plan and section 308 for the power of the Minister to cancel the lease for breach of the condition.","sortOrder":424},{"sectionNumber":"sec.317T","sectionType":"section","heading":"Deciding whether to approve proposed plan","content":"### sec.317T Deciding whether to approve proposed plan\n\nThe Minister may approve or refuse to approve a proposed later development plan for a mining lease.\nThe matters that must be considered in deciding whether to approve the proposed later development plan include each of the following—\nthe criteria under section 317N for deciding whether to approve a proposed initial development plan;\nthe extent to which the current development plan for the mining lease has been complied with;\nthe effect of approval of the proposed plan on a relinquishment condition for the mining lease;\nif the proposed plan provides for a significant change that is a cessation or reduction of mining or other purposes for which the mining lease is granted—\nwhether the cessation or reduction is reasonable; and\nwhether the mining lease holder has taken all reasonable steps to prevent the cessation or reduction.\nThe Minister may give the holder of the mining lease a notice requiring the holder to give the Minister, within the reasonable period stated in the notice, information the Minister reasonably requires to decide whether to approve the proposed later development plan.\nIf the holder does not comply with the requirement, the Minister may refuse to approve the proposed later development plan.\ns 317T ins 2020 No. 14 s 142\n(sec.317T-ssec.1) The Minister may approve or refuse to approve a proposed later development plan for a mining lease.\n(sec.317T-ssec.2) The matters that must be considered in deciding whether to approve the proposed later development plan include each of the following— the criteria under section 317N for deciding whether to approve a proposed initial development plan; the extent to which the current development plan for the mining lease has been complied with; the effect of approval of the proposed plan on a relinquishment condition for the mining lease; if the proposed plan provides for a significant change that is a cessation or reduction of mining or other purposes for which the mining lease is granted— whether the cessation or reduction is reasonable; and whether the mining lease holder has taken all reasonable steps to prevent the cessation or reduction.\n(sec.317T-ssec.3) The Minister may give the holder of the mining lease a notice requiring the holder to give the Minister, within the reasonable period stated in the notice, information the Minister reasonably requires to decide whether to approve the proposed later development plan.\n(sec.317T-ssec.4) If the holder does not comply with the requirement, the Minister may refuse to approve the proposed later development plan.\n- (a) the criteria under section 317N for deciding whether to approve a proposed initial development plan;\n- (b) the extent to which the current development plan for the mining lease has been complied with;\n- (c) the effect of approval of the proposed plan on a relinquishment condition for the mining lease;\n- (d) if the proposed plan provides for a significant change that is a cessation or reduction of mining or other purposes for which the mining lease is granted— (i) whether the cessation or reduction is reasonable; and (ii) whether the mining lease holder has taken all reasonable steps to prevent the cessation or reduction.\n- (i) whether the cessation or reduction is reasonable; and\n- (ii) whether the mining lease holder has taken all reasonable steps to prevent the cessation or reduction.\n- (i) whether the cessation or reduction is reasonable; and\n- (ii) whether the mining lease holder has taken all reasonable steps to prevent the cessation or reduction.","sortOrder":425},{"sectionNumber":"sec.317U","sectionType":"section","heading":"Power to require partial surrender application","content":"### sec.317U Power to require partial surrender application\n\nThis section applies if the proposed later development plan for a mining lease provides for a significant change that is a cessation or reduction of mining or other purposes for which the mining lease is granted.\nThe Minister may approve the proposed plan, but—\ndecide (a deferral decision )—\nto defer the taking of effect of the approval until the mining lease holder applies under section 309 to surrender a stated part or percentage of the area of the lease on or before a stated day; and\nthat the decision to approve the proposed plan is replaced by a decision not to approve it if the surrender application is not made on or before the stated day; or\nimpose a condition (a surrender condition ) on the mining lease requiring its holder to apply under section 309 to surrender a stated part or percentage of the area of the lease at stated times or intervals.\nThe public interest must be considered before making a deferral decision or imposing a surrender condition.\ns 317U ins 2020 No. 14 s 142\n(sec.317U-ssec.1) This section applies if the proposed later development plan for a mining lease provides for a significant change that is a cessation or reduction of mining or other purposes for which the mining lease is granted.\n(sec.317U-ssec.2) The Minister may approve the proposed plan, but— decide (a deferral decision )— to defer the taking of effect of the approval until the mining lease holder applies under section 309 to surrender a stated part or percentage of the area of the lease on or before a stated day; and that the decision to approve the proposed plan is replaced by a decision not to approve it if the surrender application is not made on or before the stated day; or impose a condition (a surrender condition ) on the mining lease requiring its holder to apply under section 309 to surrender a stated part or percentage of the area of the lease at stated times or intervals.\n(sec.317U-ssec.3) The public interest must be considered before making a deferral decision or imposing a surrender condition.\n- (a) decide (a deferral decision )— (i) to defer the taking of effect of the approval until the mining lease holder applies under section 309 to surrender a stated part or percentage of the area of the lease on or before a stated day; and (ii) that the decision to approve the proposed plan is replaced by a decision not to approve it if the surrender application is not made on or before the stated day; or\n- (i) to defer the taking of effect of the approval until the mining lease holder applies under section 309 to surrender a stated part or percentage of the area of the lease on or before a stated day; and\n- (ii) that the decision to approve the proposed plan is replaced by a decision not to approve it if the surrender application is not made on or before the stated day; or\n- (b) impose a condition (a surrender condition ) on the mining lease requiring its holder to apply under section 309 to surrender a stated part or percentage of the area of the lease at stated times or intervals.\n- (i) to defer the taking of effect of the approval until the mining lease holder applies under section 309 to surrender a stated part or percentage of the area of the lease on or before a stated day; and\n- (ii) that the decision to approve the proposed plan is replaced by a decision not to approve it if the surrender application is not made on or before the stated day; or","sortOrder":426},{"sectionNumber":"ch.6-pt.1A-div.5","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":427},{"sectionNumber":"sec.317V","sectionType":"section","heading":"Steps after, and taking effect of, decision","content":"### sec.317V Steps after, and taking effect of, decision\n\nThe chief executive must give notice of the Minister’s decision about a proposed initial development plan or proposed later development plan under section 317N , 317T or 317U to—\nfor a proposed plan lodged by the applicant for the grant or renewal of a mining lease for a prescribed mineral—the applicant; or\nfor a proposed plan lodged by the holder of a mining lease—the holder.\nA notice about any of the following decisions must be an information notice—\na decision under section 317N or 317T to refuse to approve the proposed plan;\na deferral decision under section 317U (2) (a) ;\na decision to impose a surrender condition under section 317U (2) (b) .\nAn approval of a proposed later development plan without a deferral decision under section 317U (2) (a) takes effect when the notice is given or, if the notice states a later day of effect, on that later day.\nA refusal does not take effect until the end of the appeal period under section 317W .\ns 317V ins 2020 No. 14 s 142\n(sec.317V-ssec.1) The chief executive must give notice of the Minister’s decision about a proposed initial development plan or proposed later development plan under section 317N , 317T or 317U to— for a proposed plan lodged by the applicant for the grant or renewal of a mining lease for a prescribed mineral—the applicant; or for a proposed plan lodged by the holder of a mining lease—the holder.\n(sec.317V-ssec.2) A notice about any of the following decisions must be an information notice— a decision under section 317N or 317T to refuse to approve the proposed plan; a deferral decision under section 317U (2) (a) ; a decision to impose a surrender condition under section 317U (2) (b) .\n(sec.317V-ssec.3) An approval of a proposed later development plan without a deferral decision under section 317U (2) (a) takes effect when the notice is given or, if the notice states a later day of effect, on that later day.\n(sec.317V-ssec.4) A refusal does not take effect until the end of the appeal period under section 317W .\n- (a) for a proposed plan lodged by the applicant for the grant or renewal of a mining lease for a prescribed mineral—the applicant; or\n- (b) for a proposed plan lodged by the holder of a mining lease—the holder.\n- (a) a decision under section 317N or 317T to refuse to approve the proposed plan;\n- (b) a deferral decision under section 317U (2) (a) ;\n- (c) a decision to impose a surrender condition under section 317U (2) (b) .","sortOrder":428},{"sectionNumber":"sec.317W","sectionType":"section","heading":"Right of appeal against cancellation, deferral or refusal","content":"### sec.317W Right of appeal against cancellation, deferral or refusal\n\nThis section applies if the Minister decides—\nunder section 317N , not to approve a proposed initial development plan for a mining lease; or\nunder section 317T , not to approve a proposed later development plan for a mining lease; or\nunder section 317U , to make a deferral decision or a decision to impose a surrender condition in relation to a mining lease.\nThe Petroleum and Gas (Production and Safety) Act , chapter 12 , part 2 , applies, with necessary changes, as if—\nthe decision were mentioned in schedule 1 , table 2 of that Act; and\nthe schedule stated the Land Court as the appeal body for the decision; and\na reference in that part to an information notice were a reference to an information notice under section 317V .\ns 317W ins 2020 No. 14 s 142\n(sec.317W-ssec.1) This section applies if the Minister decides— under section 317N , not to approve a proposed initial development plan for a mining lease; or under section 317T , not to approve a proposed later development plan for a mining lease; or under section 317U , to make a deferral decision or a decision to impose a surrender condition in relation to a mining lease.\n(sec.317W-ssec.2) The Petroleum and Gas (Production and Safety) Act , chapter 12 , part 2 , applies, with necessary changes, as if— the decision were mentioned in schedule 1 , table 2 of that Act; and the schedule stated the Land Court as the appeal body for the decision; and a reference in that part to an information notice were a reference to an information notice under section 317V .\n- (a) under section 317N , not to approve a proposed initial development plan for a mining lease; or\n- (b) under section 317T , not to approve a proposed later development plan for a mining lease; or\n- (c) under section 317U , to make a deferral decision or a decision to impose a surrender condition in relation to a mining lease.\n- (a) the decision were mentioned in schedule 1 , table 2 of that Act; and\n- (b) the schedule stated the Land Court as the appeal body for the decision; and\n- (c) a reference in that part to an information notice were a reference to an information notice under section 317V .","sortOrder":429},{"sectionNumber":"sec.317X","sectionType":"section","heading":"Effect if mineral stops being prescribed mineral or prescribed threshold increases","content":"### sec.317X Effect if mineral stops being prescribed mineral or prescribed threshold increases\n\nA mining lease for a prescribed mineral stops being a prescribed mineral mining lease if the mineral stops being a prescribed mineral.\nAlso, a mining lease for a prescribed mineral stops being a prescribed mineral mining lease if—\nthe prescribed threshold for the mineral increases; and\nfor a mining lease that is part of a mining project—an amount of the mineral that equals or exceeds the increased prescribed threshold for the mineral has not been mined under the project in any project year for the project; and\nfor a mining lease that is not part of a mining project—an amount of the mineral that equals or exceeds the increased prescribed threshold for the mineral has not been mined under the lease in any lease year for the lease.\nHowever, if the mining lease is for more than 1 prescribed mineral, the mining lease stops being a prescribed mineral mining lease only if subsection (1) or (2) applies for each prescribed mineral.\ns 317X ins 2020 No. 14 s 142\nsub 2024 No. 33 s 142\n(sec.317X-ssec.1) A mining lease for a prescribed mineral stops being a prescribed mineral mining lease if the mineral stops being a prescribed mineral.\n(sec.317X-ssec.2) Also, a mining lease for a prescribed mineral stops being a prescribed mineral mining lease if— the prescribed threshold for the mineral increases; and for a mining lease that is part of a mining project—an amount of the mineral that equals or exceeds the increased prescribed threshold for the mineral has not been mined under the project in any project year for the project; and for a mining lease that is not part of a mining project—an amount of the mineral that equals or exceeds the increased prescribed threshold for the mineral has not been mined under the lease in any lease year for the lease.\n(sec.317X-ssec.3) However, if the mining lease is for more than 1 prescribed mineral, the mining lease stops being a prescribed mineral mining lease only if subsection (1) or (2) applies for each prescribed mineral.\n- (a) the prescribed threshold for the mineral increases; and\n- (b) for a mining lease that is part of a mining project—an amount of the mineral that equals or exceeds the increased prescribed threshold for the mineral has not been mined under the project in any project year for the project; and\n- (c) for a mining lease that is not part of a mining project—an amount of the mineral that equals or exceeds the increased prescribed threshold for the mineral has not been mined under the lease in any lease year for the lease.","sortOrder":430},{"sectionNumber":"ch.6-pt.1B","sectionType":"part","heading":"Competitive tenders for proposed mining leases","content":"# Competitive tenders for proposed mining leases","sortOrder":431},{"sectionNumber":"ch.6-pt.1B-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":432},{"sectionNumber":"sec.317Y","sectionType":"section","heading":"Operation of part","content":"### sec.317Y Operation of part\n\nThis part provides for a competitive tender process for selecting a preferred tenderer to apply for a mining lease for an area of land.\nTo remove any doubt, it is declared that a mining lease for the area of land can only be granted—\nto the preferred tenderer appointed from the tender process; and\nif the preferred tenderer applies for the mining lease under section 232 .\ns 317Y ins 2020 No. 14 s 142\n(sec.317Y-ssec.1) This part provides for a competitive tender process for selecting a preferred tenderer to apply for a mining lease for an area of land.\n(sec.317Y-ssec.2) To remove any doubt, it is declared that a mining lease for the area of land can only be granted— to the preferred tenderer appointed from the tender process; and if the preferred tenderer applies for the mining lease under section 232 .\n- (a) to the preferred tenderer appointed from the tender process; and\n- (b) if the preferred tenderer applies for the mining lease under section 232 .","sortOrder":433},{"sectionNumber":"ch.6-pt.1B-div.2","sectionType":"division","heading":"Competitive tenders","content":"## Competitive tenders","sortOrder":434},{"sectionNumber":"sec.317Z","sectionType":"section","heading":"Call for tenders","content":"### sec.317Z Call for tenders\n\nThe Minister may publish a gazette notice (a call for mining lease tenders ) inviting tenders for an eligible person to apply for a mining lease.\nThe call must state—\nthe proposed area of the lease; and\nthe day and time by which tenders in response to it must be made (the closing time for the call); and\nthat the tenders must be lodged before the closing time for the call; and\nthat details about each of the following are available at a stated place—\nany proposed conditions of the lease that are likely to impact significantly on mining in the proposed area;\na proposed initial development plan or proposed mining program required for an application for the lease;\nany criteria ( special criteria ), other than the prescribed criteria, proposed to be used to decide the call;\nwhether security to ensure the tenderer, if appointed as the preferred tenderer, applies for the mining lease must be deposited for the tender and, if so, the amount of security;\nwhether a process for appointing a preferred tenderer involving a cash bid component is to be used for deciding the call.\nThe call may state other relevant matters, including, for example—\ninformation about minerals known to be in the proposed area; and\nmatters relevant to the special criteria and prescribed criteria.\nSubsection (2) (d) (i) does not limit the Minister’s power under section 276 (1) (o) to decide conditions of the mining lease if it is granted.\nThe Minister must not act under this section for land if all or any part of the land is the subject of—\na mining tenement, other than a prospecting permit; or\nan application for a mining tenement, other than a prospecting permit.\nIn this section—\nprescribed criteria means the matters stated in section 271 that the Minister must consider in deciding an application for the grant of a mining lease.\ns 317Z ins 2020 No. 14 s 142\namd 2024 No. 33 s 183 s ch 1 pt 2\n(sec.317Z-ssec.1) The Minister may publish a gazette notice (a call for mining lease tenders ) inviting tenders for an eligible person to apply for a mining lease.\n(sec.317Z-ssec.2) The call must state— the proposed area of the lease; and the day and time by which tenders in response to it must be made (the closing time for the call); and that the tenders must be lodged before the closing time for the call; and that details about each of the following are available at a stated place— any proposed conditions of the lease that are likely to impact significantly on mining in the proposed area; a proposed initial development plan or proposed mining program required for an application for the lease; any criteria ( special criteria ), other than the prescribed criteria, proposed to be used to decide the call; whether security to ensure the tenderer, if appointed as the preferred tenderer, applies for the mining lease must be deposited for the tender and, if so, the amount of security; whether a process for appointing a preferred tenderer involving a cash bid component is to be used for deciding the call.\n(sec.317Z-ssec.3) The call may state other relevant matters, including, for example— information about minerals known to be in the proposed area; and matters relevant to the special criteria and prescribed criteria.\n(sec.317Z-ssec.4) Subsection (2) (d) (i) does not limit the Minister’s power under section 276 (1) (o) to decide conditions of the mining lease if it is granted.\n(sec.317Z-ssec.5) The Minister must not act under this section for land if all or any part of the land is the subject of— a mining tenement, other than a prospecting permit; or an application for a mining tenement, other than a prospecting permit.\n(sec.317Z-ssec.6) In this section— prescribed criteria means the matters stated in section 271 that the Minister must consider in deciding an application for the grant of a mining lease.\n- (a) the proposed area of the lease; and\n- (b) the day and time by which tenders in response to it must be made (the closing time for the call); and\n- (c) that the tenders must be lodged before the closing time for the call; and\n- (d) that details about each of the following are available at a stated place— (i) any proposed conditions of the lease that are likely to impact significantly on mining in the proposed area; (ii) a proposed initial development plan or proposed mining program required for an application for the lease; (iii) any criteria ( special criteria ), other than the prescribed criteria, proposed to be used to decide the call; (iv) whether security to ensure the tenderer, if appointed as the preferred tenderer, applies for the mining lease must be deposited for the tender and, if so, the amount of security; (v) whether a process for appointing a preferred tenderer involving a cash bid component is to be used for deciding the call.\n- (i) any proposed conditions of the lease that are likely to impact significantly on mining in the proposed area;\n- (ii) a proposed initial development plan or proposed mining program required for an application for the lease;\n- (iii) any criteria ( special criteria ), other than the prescribed criteria, proposed to be used to decide the call;\n- (iv) whether security to ensure the tenderer, if appointed as the preferred tenderer, applies for the mining lease must be deposited for the tender and, if so, the amount of security;\n- (v) whether a process for appointing a preferred tenderer involving a cash bid component is to be used for deciding the call.\n- (i) any proposed conditions of the lease that are likely to impact significantly on mining in the proposed area;\n- (ii) a proposed initial development plan or proposed mining program required for an application for the lease;\n- (iii) any criteria ( special criteria ), other than the prescribed criteria, proposed to be used to decide the call;\n- (iv) whether security to ensure the tenderer, if appointed as the preferred tenderer, applies for the mining lease must be deposited for the tender and, if so, the amount of security;\n- (v) whether a process for appointing a preferred tenderer involving a cash bid component is to be used for deciding the call.\n- (a) information about minerals known to be in the proposed area; and\n- (b) matters relevant to the special criteria and prescribed criteria.\n- (a) a mining tenement, other than a prospecting permit; or\n- (b) an application for a mining tenement, other than a prospecting permit.","sortOrder":435},{"sectionNumber":"sec.317ZA","sectionType":"section","heading":"Right to tender","content":"### sec.317ZA Right to tender\n\nAn eligible person may, by a tender made under section 317ZB , tender for a proposed mining lease the subject of a call for mining lease tenders.\nHowever, the tender can not be made—\nafter the closing time for the call; or\nfor only part of the area of the proposed mining lease.\ns 317ZA ins 2020 No. 14 s 142\n(sec.317ZA-ssec.1) An eligible person may, by a tender made under section 317ZB , tender for a proposed mining lease the subject of a call for mining lease tenders.\n(sec.317ZA-ssec.2) However, the tender can not be made— after the closing time for the call; or for only part of the area of the proposed mining lease.\n- (a) after the closing time for the call; or\n- (b) for only part of the area of the proposed mining lease.","sortOrder":436},{"sectionNumber":"sec.317ZB","sectionType":"section","heading":"Requirements for making tender","content":"### sec.317ZB Requirements for making tender\n\nA tender for a mining lease must—\nbe in the approved form; and\nbe accompanied by a statement—\nthat describes the initial development plan or mining program proposed for the mining lease, if granted; and\nthat states the estimated human, technical and financial resources proposed to be committed to the initial development plan or mining program during each year of the mining lease, if granted; and\nbe accompanied by a statement, separate from the statement mentioned in paragraph (b) , detailing the tenderer’s financial and technical resources; and\nbe accompanied by the following—\nproof of the tenderer’s identity;\nthe application fee prescribed by regulation;\nif security is required to be deposited for the tender—the tenderer’s security;\nif a process for appointing a preferred tenderer involving a cash bid component is to be used for deciding the call—the tenderer’s cash bid.\ns 317ZB ins 2020 No. 14 s 142\n- (a) be in the approved form; and\n- (b) be accompanied by a statement— (i) that describes the initial development plan or mining program proposed for the mining lease, if granted; and (ii) that states the estimated human, technical and financial resources proposed to be committed to the initial development plan or mining program during each year of the mining lease, if granted; and\n- (i) that describes the initial development plan or mining program proposed for the mining lease, if granted; and\n- (ii) that states the estimated human, technical and financial resources proposed to be committed to the initial development plan or mining program during each year of the mining lease, if granted; and\n- (c) be accompanied by a statement, separate from the statement mentioned in paragraph (b) , detailing the tenderer’s financial and technical resources; and\n- (d) be accompanied by the following— (i) proof of the tenderer’s identity; (ii) the application fee prescribed by regulation; (iii) if security is required to be deposited for the tender—the tenderer’s security; (iv) if a process for appointing a preferred tenderer involving a cash bid component is to be used for deciding the call—the tenderer’s cash bid.\n- (i) proof of the tenderer’s identity;\n- (ii) the application fee prescribed by regulation;\n- (iii) if security is required to be deposited for the tender—the tenderer’s security;\n- (iv) if a process for appointing a preferred tenderer involving a cash bid component is to be used for deciding the call—the tenderer’s cash bid.\n- (i) that describes the initial development plan or mining program proposed for the mining lease, if granted; and\n- (ii) that states the estimated human, technical and financial resources proposed to be committed to the initial development plan or mining program during each year of the mining lease, if granted; and\n- (i) proof of the tenderer’s identity;\n- (ii) the application fee prescribed by regulation;\n- (iii) if security is required to be deposited for the tender—the tenderer’s security;\n- (iv) if a process for appointing a preferred tenderer involving a cash bid component is to be used for deciding the call—the tenderer’s cash bid.","sortOrder":437},{"sectionNumber":"sec.317ZC","sectionType":"section","heading":"Rejection of tender if tenderer disqualified","content":"### sec.317ZC Rejection of tender if tenderer disqualified\n\nThe Minister must reject a tender for a mining lease if the Minister decides the tenderer is disqualified under the Common Provisions Act , chapter 6 from being granted a mining lease.\nOn rejection of the tender, the Minister must give the tenderer a notice about the decision.\ns 317ZC ins 2020 No. 14 s 142\n(sec.317ZC-ssec.1) The Minister must reject a tender for a mining lease if the Minister decides the tenderer is disqualified under the Common Provisions Act , chapter 6 from being granted a mining lease.\n(sec.317ZC-ssec.2) On rejection of the tender, the Minister must give the tenderer a notice about the decision.","sortOrder":438},{"sectionNumber":"sec.317ZD","sectionType":"section","heading":"Right to terminate call for tenders","content":"### sec.317ZD Right to terminate call for tenders\n\nThe Minister may, by gazette notice, terminate a call for mining lease tenders at any time before deciding the call.\nAll tenders in response to the call lapse when the call is terminated.\nNo amount, whether by way of compensation, reimbursement or otherwise, is payable by the State to any person for or in connection with the termination.\nHowever, subject to sections 317ZF (4) and 317ZI (4) , the Minister must refund any tender security given by the tenderer.\ns 317ZD ins 2020 No. 14 s 142\n(sec.317ZD-ssec.1) The Minister may, by gazette notice, terminate a call for mining lease tenders at any time before deciding the call.\n(sec.317ZD-ssec.2) All tenders in response to the call lapse when the call is terminated.\n(sec.317ZD-ssec.3) No amount, whether by way of compensation, reimbursement or otherwise, is payable by the State to any person for or in connection with the termination.\n(sec.317ZD-ssec.4) However, subject to sections 317ZF (4) and 317ZI (4) , the Minister must refund any tender security given by the tenderer.","sortOrder":439},{"sectionNumber":"sec.317ZE","sectionType":"section","heading":"Amendment of tender","content":"### sec.317ZE Amendment of tender\n\nThis section provides for the amendments that can be made to a tender in response to a call for mining lease tenders.\nA proposed initial development plan or proposed mining program included in the tender may be amended at any time until, but not after, the tenderer has become the preferred tenderer for the call.\nOtherwise, the tender may be amended at any time until, but not after, the closing time for the call.\nHowever, subsection (3) does not apply if—\nthe tenderer is a company; and\nthe change is only a change of name of the tenderer; and\nthe tenderer’s Australian company number and Australian registered business name have not changed.\ns 317ZE ins 2020 No. 14 s 142\n(sec.317ZE-ssec.1) This section provides for the amendments that can be made to a tender in response to a call for mining lease tenders.\n(sec.317ZE-ssec.2) A proposed initial development plan or proposed mining program included in the tender may be amended at any time until, but not after, the tenderer has become the preferred tenderer for the call.\n(sec.317ZE-ssec.3) Otherwise, the tender may be amended at any time until, but not after, the closing time for the call.\n(sec.317ZE-ssec.4) However, subsection (3) does not apply if— the tenderer is a company; and the change is only a change of name of the tenderer; and the tenderer’s Australian company number and Australian registered business name have not changed.\n- (a) the tenderer is a company; and\n- (b) the change is only a change of name of the tenderer; and\n- (c) the tenderer’s Australian company number and Australian registered business name have not changed.","sortOrder":440},{"sectionNumber":"sec.317ZF","sectionType":"section","heading":"Withdrawal of tender","content":"### sec.317ZF Withdrawal of tender\n\nA person who has lodged a tender in response to a call for mining lease tenders may lodge a notice withdrawing the tender at any time before an application for the mining lease is granted.\nThe withdrawal takes effect when the notice is lodged.\nThe withdrawal of the preferred tenderer’s tender under this section does not affect the Minister’s power to appoint another tenderer, from the tenders made in response to the call, to be the preferred tenderer.\nIf a tender is withdrawn under this section, the Minister may, if the Minister considers it reasonable in the circumstances, retain the whole or part of any tender security given by the tenderer.\ns 317ZF ins 2020 No. 14 s 142\n(sec.317ZF-ssec.1) A person who has lodged a tender in response to a call for mining lease tenders may lodge a notice withdrawing the tender at any time before an application for the mining lease is granted.\n(sec.317ZF-ssec.2) The withdrawal takes effect when the notice is lodged.\n(sec.317ZF-ssec.3) The withdrawal of the preferred tenderer’s tender under this section does not affect the Minister’s power to appoint another tenderer, from the tenders made in response to the call, to be the preferred tenderer.\n(sec.317ZF-ssec.4) If a tender is withdrawn under this section, the Minister may, if the Minister considers it reasonable in the circumstances, retain the whole or part of any tender security given by the tenderer.","sortOrder":441},{"sectionNumber":"ch.6-pt.1B-div.3","sectionType":"division","heading":"Deciding tenders","content":"## Deciding tenders","sortOrder":442},{"sectionNumber":"sec.317ZG","sectionType":"section","heading":"Process for deciding tenders","content":"### sec.317ZG Process for deciding tenders\n\nSubject to section 317ZH (2) and (3) , any process the Minister considers appropriate may be used to decide the call, including, for example—\na process appointing a preferred tenderer on the tenders made in response to the call (whether or not involving a cash bid component); or\na process involving short-listing a group of possible preferred tenderers and inviting them to engage in another round of tendering before appointing a preferred tenderer from that group.\nWithout limiting subsection (1) , the Minister may give a tenderer a notice requiring the tenderer to give the Minister, within the reasonable period stated in the notice, information the Minister reasonably requires to assess the tender.\ns 317ZG ins 2020 No. 14 s 142\n(sec.317ZG-ssec.1) Subject to section 317ZH (2) and (3) , any process the Minister considers appropriate may be used to decide the call, including, for example— a process appointing a preferred tenderer on the tenders made in response to the call (whether or not involving a cash bid component); or a process involving short-listing a group of possible preferred tenderers and inviting them to engage in another round of tendering before appointing a preferred tenderer from that group.\n(sec.317ZG-ssec.2) Without limiting subsection (1) , the Minister may give a tenderer a notice requiring the tenderer to give the Minister, within the reasonable period stated in the notice, information the Minister reasonably requires to assess the tender.\n- (a) a process appointing a preferred tenderer on the tenders made in response to the call (whether or not involving a cash bid component); or\n- (b) a process involving short-listing a group of possible preferred tenderers and inviting them to engage in another round of tendering before appointing a preferred tenderer from that group.","sortOrder":443},{"sectionNumber":"sec.317ZH","sectionType":"section","heading":"Deciding to appoint preferred tenderer","content":"### sec.317ZH Deciding to appoint preferred tenderer\n\nThe Minister may, after the closing time for the call for mining lease tenders—\nappoint a tenderer as the preferred tenderer for the call; or\nrefuse to appoint a preferred tenderer for the call.\nHowever, the Minister must not appoint a tenderer as the preferred tenderer unless the Minister is satisfied the prescribed criteria, if an application for a mining lease is made, are likely to be met.\nAlso, in deciding whether to appoint a preferred tenderer for the call, the Minister must consider any special criteria for the call.\nA tenderer appointed as the preferred tenderer must be given notice of the decision.\nThe notice must state the period (the application period ) within which the preferred tenderer may apply for a mining lease for the land the subject of the call.\ns 317ZH ins 2020 No. 14 s 142\n(sec.317ZH-ssec.1) The Minister may, after the closing time for the call for mining lease tenders— appoint a tenderer as the preferred tenderer for the call; or refuse to appoint a preferred tenderer for the call.\n(sec.317ZH-ssec.2) However, the Minister must not appoint a tenderer as the preferred tenderer unless the Minister is satisfied the prescribed criteria, if an application for a mining lease is made, are likely to be met.\n(sec.317ZH-ssec.3) Also, in deciding whether to appoint a preferred tenderer for the call, the Minister must consider any special criteria for the call.\n(sec.317ZH-ssec.4) A tenderer appointed as the preferred tenderer must be given notice of the decision.\n(sec.317ZH-ssec.5) The notice must state the period (the application period ) within which the preferred tenderer may apply for a mining lease for the land the subject of the call.\n- (a) appoint a tenderer as the preferred tenderer for the call; or\n- (b) refuse to appoint a preferred tenderer for the call.","sortOrder":444},{"sectionNumber":"sec.317ZI","sectionType":"section","heading":"Provisions for preferred tenderers","content":"### sec.317ZI Provisions for preferred tenderers\n\nThe Minister may require a preferred tenderer for a call for mining lease tenders to—\npay any amounts necessarily incurred, or to be incurred, to enable an application for the mining lease to be granted; and\namounts required to comply with the Commonwealth Native Title Act , part 2 , division 3 , subdivision P\ndo all or any of the following within a stated reasonable period—\ngive, under section 277 , security for the lease;\npay the rental for the first year of the term of the lease under section 290 .\nThe Minister may revoke a preferred tenderer’s appointment as the preferred tenderer if the tenderer does not—\napply for a mining lease within—\nthe application period mentioned in the notice given to the tenderer under section 317ZH ; or\na longer period decided by the Minister on the application of the preferred tenderer; or\ncomply with a requirement under subsection (1) ; or\ndo all things reasonably necessary to allow an application for a mining lease to be granted to the tenderer.\nHowever, before acting under subsection (2) , the Minister must give the preferred tenderer a reasonable opportunity to provide reasons for, and rectify, the tenderer’s failure to—\napply for the mining lease; or\ncomply with a requirement under subsection (1) or (2) (c) .\nIf the Minister revokes the appointment of the tenderer as the preferred tenderer under this section, the Minister may—\nretain the whole or part of any tender security given by the tenderer, if the Minister considers it reasonable in the circumstances; and\nappoint another tenderer to be the preferred tenderer.\ns 317ZI ins 2020 No. 14 s 142\n(sec.317ZI-ssec.1) The Minister may require a preferred tenderer for a call for mining lease tenders to— pay any amounts necessarily incurred, or to be incurred, to enable an application for the mining lease to be granted; and amounts required to comply with the Commonwealth Native Title Act , part 2 , division 3 , subdivision P do all or any of the following within a stated reasonable period— give, under section 277 , security for the lease; pay the rental for the first year of the term of the lease under section 290 .\n(sec.317ZI-ssec.2) The Minister may revoke a preferred tenderer’s appointment as the preferred tenderer if the tenderer does not— apply for a mining lease within— the application period mentioned in the notice given to the tenderer under section 317ZH ; or a longer period decided by the Minister on the application of the preferred tenderer; or comply with a requirement under subsection (1) ; or do all things reasonably necessary to allow an application for a mining lease to be granted to the tenderer.\n(sec.317ZI-ssec.3) However, before acting under subsection (2) , the Minister must give the preferred tenderer a reasonable opportunity to provide reasons for, and rectify, the tenderer’s failure to— apply for the mining lease; or comply with a requirement under subsection (1) or (2) (c) .\n(sec.317ZI-ssec.4) If the Minister revokes the appointment of the tenderer as the preferred tenderer under this section, the Minister may— retain the whole or part of any tender security given by the tenderer, if the Minister considers it reasonable in the circumstances; and appoint another tenderer to be the preferred tenderer.\n- (a) pay any amounts necessarily incurred, or to be incurred, to enable an application for the mining lease to be granted; and Example— amounts required to comply with the Commonwealth Native Title Act , part 2 , division 3 , subdivision P\n- (b) do all or any of the following within a stated reasonable period— (i) give, under section 277 , security for the lease; (ii) pay the rental for the first year of the term of the lease under section 290 .\n- (i) give, under section 277 , security for the lease;\n- (ii) pay the rental for the first year of the term of the lease under section 290 .\n- (i) give, under section 277 , security for the lease;\n- (ii) pay the rental for the first year of the term of the lease under section 290 .\n- (a) apply for a mining lease within— (i) the application period mentioned in the notice given to the tenderer under section 317ZH ; or (ii) a longer period decided by the Minister on the application of the preferred tenderer; or\n- (i) the application period mentioned in the notice given to the tenderer under section 317ZH ; or\n- (ii) a longer period decided by the Minister on the application of the preferred tenderer; or\n- (b) comply with a requirement under subsection (1) ; or\n- (c) do all things reasonably necessary to allow an application for a mining lease to be granted to the tenderer.\n- (i) the application period mentioned in the notice given to the tenderer under section 317ZH ; or\n- (ii) a longer period decided by the Minister on the application of the preferred tenderer; or\n- (a) apply for the mining lease; or\n- (b) comply with a requirement under subsection (1) or (2) (c) .\n- (a) retain the whole or part of any tender security given by the tenderer, if the Minister considers it reasonable in the circumstances; and\n- (b) appoint another tenderer to be the preferred tenderer.","sortOrder":445},{"sectionNumber":"sec.317ZJ","sectionType":"section","heading":"Notice to unsuccessful tenderers","content":"### sec.317ZJ Notice to unsuccessful tenderers\n\nAfter a call for mining lease tenders has been decided, each tenderer not appointed as the preferred tenderer must be given notice of the decision.\nSee also the Judicial Review Act 1991 , section 32 (Request for statement of reasons).\nSubject to sections 317ZF (4) and 317ZI (4) , the Minister must refund any tender security given by the unsuccessful tenderer.\ns 317ZJ ins 2020 No. 14 s 142\n(sec.317ZJ-ssec.1) After a call for mining lease tenders has been decided, each tenderer not appointed as the preferred tenderer must be given notice of the decision. See also the Judicial Review Act 1991 , section 32 (Request for statement of reasons).\n(sec.317ZJ-ssec.2) Subject to sections 317ZF (4) and 317ZI (4) , the Minister must refund any tender security given by the unsuccessful tenderer.","sortOrder":446},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Mining lease for Aurukun project","content":"# Mining lease for Aurukun project","sortOrder":447},{"sectionNumber":"sec.318AAA","sectionType":"section","heading":"Application of pts 1 and 2","content":"### sec.318AAA Application of pts 1 and 2\n\nThis part applies—\nonly for the granting of, and in relation to, a mining lease for an Aurukun project; and\nonly if the holder of the lease is a party to the relevant Aurukun agreement; and\nif the agreement has not been terminated.\nPart 1 , except to the extent mentioned in subsection (3) , also applies for the granting of, and in relation to, a mining lease for an Aurukun project.\nSections 232 , 233 , 239 , 245 , 248 to 251 , 266 , 271A (1) (c) , 271B , 272 , 273 , 275 , 276 , 280 , 283 , 284 , 285 and 286A do not apply for the granting of, and in relation to, a mining lease for an Aurukun project.\nAlso, a reference in a provision of part 1 to a provision that has been disapplied under subsection (3) is to be disregarded.\nTo remove any doubt, it is declared that this part applies to the following—\na mining lease under section 234 for a purpose mentioned in section 234 (1) (a) or (b) ;\na mining lease under section 316 for the transportation of a thing.\ns 318AAA ins 2006 No. 31 s 5\namd 2010 No. 17 s 48 sch ; 2012 No. 20 s 125 sch 1 , s 281 sch 2 , s 323 sch 3 ; 2013 No. 10 s 62 ; 2016 No. 10 s 6\n(sec.318AAA-ssec.1) This part applies— only for the granting of, and in relation to, a mining lease for an Aurukun project; and only if the holder of the lease is a party to the relevant Aurukun agreement; and if the agreement has not been terminated.\n(sec.318AAA-ssec.2) Part 1 , except to the extent mentioned in subsection (3) , also applies for the granting of, and in relation to, a mining lease for an Aurukun project.\n(sec.318AAA-ssec.3) Sections 232 , 233 , 239 , 245 , 248 to 251 , 266 , 271A (1) (c) , 271B , 272 , 273 , 275 , 276 , 280 , 283 , 284 , 285 and 286A do not apply for the granting of, and in relation to, a mining lease for an Aurukun project.\n(sec.318AAA-ssec.4) Also, a reference in a provision of part 1 to a provision that has been disapplied under subsection (3) is to be disregarded.\n(sec.318AAA-ssec.5) To remove any doubt, it is declared that this part applies to the following— a mining lease under section 234 for a purpose mentioned in section 234 (1) (a) or (b) ; a mining lease under section 316 for the transportation of a thing.\n- (a) only for the granting of, and in relation to, a mining lease for an Aurukun project; and\n- (b) only if the holder of the lease is a party to the relevant Aurukun agreement; and\n- (c) if the agreement has not been terminated.\n- (a) a mining lease under section 234 for a purpose mentioned in section 234 (1) (a) or (b) ;\n- (b) a mining lease under section 316 for the transportation of a thing.","sortOrder":448},{"sectionNumber":"sec.318AAB","sectionType":"section","heading":"Only eligible person can apply for and hold mining lease (233)","content":"### sec.318AAB Only eligible person can apply for and hold mining lease (233)\n\nA person (an applicant ) may apply for a mining lease under this part only if—\nthe applicant is an eligible person; and\nthe applicant holds a mineral development licence to all the land proposed to be the subject of the mining lease.\nA mining lease under this part can only be held by an eligible person.\nThe application and grant of a lease may be made even if the land for an Aurukun project is part of a restricted area.\nThe numbers bracketed in the headings to this and other sections of this part are references to corresponding sections in part 1 .\nDespite subsection (1) , a mining lease granted under this part may be cancelled under section 318AAL even though the holder has ceased to be an eligible person.\ns 318AAB ins 2006 No. 31 s 5\namd 2013 No. 10 s 63 ; 2012 No. 20 s 323 sch 3 ; 2016 No. 10 s 7\n(sec.318AAB-ssec.1) A person (an applicant ) may apply for a mining lease under this part only if— the applicant is an eligible person; and the applicant holds a mineral development licence to all the land proposed to be the subject of the mining lease.\n(sec.318AAB-ssec.2) A mining lease under this part can only be held by an eligible person.\n(sec.318AAB-ssec.3) The application and grant of a lease may be made even if the land for an Aurukun project is part of a restricted area. The numbers bracketed in the headings to this and other sections of this part are references to corresponding sections in part 1 .\n(sec.318AAB-ssec.4) Despite subsection (1) , a mining lease granted under this part may be cancelled under section 318AAL even though the holder has ceased to be an eligible person.\n- (a) the applicant is an eligible person; and\n- (b) the applicant holds a mineral development licence to all the land proposed to be the subject of the mining lease.","sortOrder":449},{"sectionNumber":"sec.318AAC","sectionType":"section","heading":null,"content":"### Section sec.318AAC\n\ns 318AAC ins 2006 No. 31 s 5\nom 2014 No. 47 s 452","sortOrder":450},{"sectionNumber":"sec.318AAD","sectionType":"section","heading":"Application for grant of mining lease (245)","content":"### sec.318AAD Application for grant of mining lease (245)\n\nAn application for the grant of a mining lease must—\nbe in the approved form; and\ndescribe all parcels of land the whole or part of which are the subject of the application and state the following for each parcel—\nthe current use of the land;\nwhether the land is subject to erosion control works;\nthe names and addresses of the owners of the parcel and any other land to be used to access the parcel; and\nidentify, in the way prescribed by regulation, the boundaries of the land applied for; and\nidentify, in the way prescribed by regulation, the boundaries of any surface area of land within the boundaries identified in paragraph (c) to be included in the mining lease and specify the purpose for which that area is to be used; and\nidentify, in the way prescribed by regulation, the boundaries of any restricted land within the boundaries identified in paragraph (c) ; and\ngive reasons why the mining lease should be granted in respect of the area and shape of the land described in the application; and\ndescribe and identify, in the way prescribed under a regulation, any land proposed to be used as access from a point outside the boundary of the land applied for acceptable to the chief executive to land over which the lease is sought; and\nbe accompanied by a sketch, map or other graphic representation acceptable to the chief executive setting out the boundaries of any land referred to in paragraphs (b) , (d) and (g) ; and\nnominate the term of the lease sought and give reasons for the term; and\nbe lodged; and\nbe accompanied by—\na statement, acceptable to the chief executive outlining the mining program proposed, outlining its method of operation, and providing an indication of when operations are expected to start or, if a mining program is not proposed, outlining the use proposed for the land and providing an indication of when the proposed use is to start; and\na statement, acceptable to the chief executive of proposals for infrastructure requirements necessary to enable the mining program to proceed, or additional activities to be carried on to work out the infrastructure requirements; and\nthe application fee prescribed under a regulation.\ns 318AAD ins 2006 No. 31 s 5\namd 2012 No. 20 ss 212 , 125 sch 1 ; 2013 No. 10 ss 64 , 193 sch 1 ; 2016 No. 10 s 8\n- (a) be in the approved form; and\n- (b) describe all parcels of land the whole or part of which are the subject of the application and state the following for each parcel— (i) the current use of the land; (ii) whether the land is subject to erosion control works; (iii) the names and addresses of the owners of the parcel and any other land to be used to access the parcel; and\n- (i) the current use of the land;\n- (ii) whether the land is subject to erosion control works;\n- (iii) the names and addresses of the owners of the parcel and any other land to be used to access the parcel; and\n- (c) identify, in the way prescribed by regulation, the boundaries of the land applied for; and\n- (d) identify, in the way prescribed by regulation, the boundaries of any surface area of land within the boundaries identified in paragraph (c) to be included in the mining lease and specify the purpose for which that area is to be used; and\n- (e) identify, in the way prescribed by regulation, the boundaries of any restricted land within the boundaries identified in paragraph (c) ; and\n- (f) give reasons why the mining lease should be granted in respect of the area and shape of the land described in the application; and\n- (g) describe and identify, in the way prescribed under a regulation, any land proposed to be used as access from a point outside the boundary of the land applied for acceptable to the chief executive to land over which the lease is sought; and\n- (h) be accompanied by a sketch, map or other graphic representation acceptable to the chief executive setting out the boundaries of any land referred to in paragraphs (b) , (d) and (g) ; and\n- (i) nominate the term of the lease sought and give reasons for the term; and\n- (j) be lodged; and\n- (k) be accompanied by— (i) a statement, acceptable to the chief executive outlining the mining program proposed, outlining its method of operation, and providing an indication of when operations are expected to start or, if a mining program is not proposed, outlining the use proposed for the land and providing an indication of when the proposed use is to start; and (ii) a statement, acceptable to the chief executive of proposals for infrastructure requirements necessary to enable the mining program to proceed, or additional activities to be carried on to work out the infrastructure requirements; and (iii) the application fee prescribed under a regulation.\n- (i) a statement, acceptable to the chief executive outlining the mining program proposed, outlining its method of operation, and providing an indication of when operations are expected to start or, if a mining program is not proposed, outlining the use proposed for the land and providing an indication of when the proposed use is to start; and\n- (ii) a statement, acceptable to the chief executive of proposals for infrastructure requirements necessary to enable the mining program to proceed, or additional activities to be carried on to work out the infrastructure requirements; and\n- (iii) the application fee prescribed under a regulation.\n- (i) the current use of the land;\n- (ii) whether the land is subject to erosion control works;\n- (iii) the names and addresses of the owners of the parcel and any other land to be used to access the parcel; and\n- (i) a statement, acceptable to the chief executive outlining the mining program proposed, outlining its method of operation, and providing an indication of when operations are expected to start or, if a mining program is not proposed, outlining the use proposed for the land and providing an indication of when the proposed use is to start; and\n- (ii) a statement, acceptable to the chief executive of proposals for infrastructure requirements necessary to enable the mining program to proceed, or additional activities to be carried on to work out the infrastructure requirements; and\n- (iii) the application fee prescribed under a regulation.","sortOrder":451},{"sectionNumber":"sec.318AAE","sectionType":"section","heading":"Limits on consideration and disclosure of Aurukun agreement in Land Court hearing","content":"### sec.318AAE Limits on consideration and disclosure of Aurukun agreement in Land Court hearing\n\nThis section applies—\nif the Land Court is hearing an application for a mining lease under section 268 ; and\ndespite sections 268 (2) and 318AAA and any rule of court or other law.\nIn hearing the application, the Land Court may consider the Aurukun agreement for the Aurukun project the subject of the application, but only to the extent necessary to decide whether the applicant for the mining lease is an eligible person to make the application and to hold the mining lease.\nThe Aurukun agreement is not required to be disclosed to any person in relation to the hearing.\nSubsection (3) applies even if the Land Court considers the Aurukun agreement under subsection (2) .\ns 318AAE ins 2006 No. 31 s 5\namd 2012 No. 20 s 281 sch 2 ; 2013 No. 10 s 193 sch 1\nsub 2016 No. 10 s 9\n(sec.318AAE-ssec.1) This section applies— if the Land Court is hearing an application for a mining lease under section 268 ; and despite sections 268 (2) and 318AAA and any rule of court or other law.\n(sec.318AAE-ssec.2) In hearing the application, the Land Court may consider the Aurukun agreement for the Aurukun project the subject of the application, but only to the extent necessary to decide whether the applicant for the mining lease is an eligible person to make the application and to hold the mining lease.\n(sec.318AAE-ssec.3) The Aurukun agreement is not required to be disclosed to any person in relation to the hearing.\n(sec.318AAE-ssec.4) Subsection (3) applies even if the Land Court considers the Aurukun agreement under subsection (2) .\n- (a) if the Land Court is hearing an application for a mining lease under section 268 ; and\n- (b) despite sections 268 (2) and 318AAA and any rule of court or other law.","sortOrder":452},{"sectionNumber":"sec.318AAEA","sectionType":"section","heading":"Steps to be taken after application decided (271B)","content":"### sec.318AAEA Steps to be taken after application decided (271B)\n\nIf a mining lease application is rejected in whole or in part, the Minister must, as soon as practicable, give the applicant written notice stating the rejection and the reasons for it.\ns 318AAEA ins 2016 No. 10 s 9","sortOrder":453},{"sectionNumber":"sec.318AAF","sectionType":"section","heading":"Mining lease must include all surface of land (273)","content":"### sec.318AAF Mining lease must include all surface of land (273)\n\nA mining lease over land must not be granted unless it includes the whole of the surface of the land.\ns 318AAF ins 2006 No. 31 s 5","sortOrder":454},{"sectionNumber":"sec.318AAG","sectionType":"section","heading":null,"content":"### Section sec.318AAG\n\ns 318AAG ins 2006 No. 31 s 5\nom 2014 No. 47 s 455","sortOrder":455},{"sectionNumber":"sec.318AAH","sectionType":"section","heading":"General conditions of mining lease (276)","content":"### sec.318AAH General conditions of mining lease (276)\n\nEach mining lease is subject to—\na condition that the holder must use the area of the lease for the purpose for which the lease was granted and in accordance with this Act and the conditions of the lease and for no other purpose; and\nif the holder uses land outside the boundary of the area of the mining lease for access to the area of the mining lease, a condition that the holder may use the land only for the following purposes—\nto transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mining lease;\nto transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder;\nto construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii) ; and\na condition that the holder must carry out improvement restoration for the lease; and\na condition that the holder, before the end of the lease for whatever cause, must remove any building or structure purported to be erected under the authority of the lease and all mining equipment and plant, on or in the area of the lease unless otherwise approved by the Minister; and\na condition that without the prior approval of the Minister the holder must not obstruct or interfere with any right of access had by any person in relation to the area of the lease; and\na condition that the holder is not to transfer, mortgage or sublease the lease, or any part of it, unless the Minister is satisfied that any approval or consent required under the relevant Aurukun agreement has been given; and\na condition that the holder give, in the way prescribed under a regulation, all reports, returns, documents and statements prescribed under a regulation; and\na condition that the holder give materials obtained under the holder’s mining operations to the Minister at the times, in the way and in quantities the Minister reasonably requires by written notice to the holder; and\nif the lease is over land that is a reserve—a condition that the holder comply with the terms and conditions on which the consent of the owner or the Governor in Council to the grant of the lease was given; and\nif the area of the lease has not been surveyed and a physical monument is used to define the area’s boundary—a condition that the holder must maintain the monument;\na condition that the holder make all payments of compensation and comply with all terms of any agreement or determination relating to compensation at the time or times agreed or determined under section 279 , 281 or 282 ; and\na condition that the holder—\npay the rental prescribed under a regulation; and\npay the royalty prescribed under a regulation; and\npay all local government rates and charges lawfully chargeable against the holder for the area of the lease; and\ndeposit, as required by the Minister, any security from time to time under this Act; and\na condition that the holder comply with this Act, other mining legislation and the At Risk agreement; and\nany other conditions stated in the relevant Aurukun agreement to be conditions of the lease; and\nany other conditions decided by the Minister.\nWithout limiting subsection (1) , the Minister may decide a condition of the mining lease if the Minister considers the condition is in the public interest.\nEach mining lease may be subject to a condition that mining operations under the lease commence within a stated period after its grant.\nConditions requiring compliance with stated codes or industry agreements may be imposed for each mining lease.\nDespite subsections (1) to (4) , a condition must not be imposed if it is the same, or substantially the same, or inconsistent with, a relevant environmental condition for the lease.\ns 318AAH ins 2006 No. 31 s 5\namd 2008 No. 56 s 68 ; 2012 No. 20 ss 213 , 125 sch 1 ; 2013 No. 10 s 65 ; 2016 No. 10 s 10 ; 2014 No. 47 s 456 ; 2018 No. 24 s 131\n(sec.318AAH-ssec.1) Each mining lease is subject to— a condition that the holder must use the area of the lease for the purpose for which the lease was granted and in accordance with this Act and the conditions of the lease and for no other purpose; and if the holder uses land outside the boundary of the area of the mining lease for access to the area of the mining lease, a condition that the holder may use the land only for the following purposes— to transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mining lease; to transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder; to construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii) ; and a condition that the holder must carry out improvement restoration for the lease; and a condition that the holder, before the end of the lease for whatever cause, must remove any building or structure purported to be erected under the authority of the lease and all mining equipment and plant, on or in the area of the lease unless otherwise approved by the Minister; and a condition that without the prior approval of the Minister the holder must not obstruct or interfere with any right of access had by any person in relation to the area of the lease; and a condition that the holder is not to transfer, mortgage or sublease the lease, or any part of it, unless the Minister is satisfied that any approval or consent required under the relevant Aurukun agreement has been given; and a condition that the holder give, in the way prescribed under a regulation, all reports, returns, documents and statements prescribed under a regulation; and a condition that the holder give materials obtained under the holder’s mining operations to the Minister at the times, in the way and in quantities the Minister reasonably requires by written notice to the holder; and if the lease is over land that is a reserve—a condition that the holder comply with the terms and conditions on which the consent of the owner or the Governor in Council to the grant of the lease was given; and if the area of the lease has not been surveyed and a physical monument is used to define the area’s boundary—a condition that the holder must maintain the monument; a condition that the holder make all payments of compensation and comply with all terms of any agreement or determination relating to compensation at the time or times agreed or determined under section 279 , 281 or 282 ; and a condition that the holder— pay the rental prescribed under a regulation; and pay the royalty prescribed under a regulation; and pay all local government rates and charges lawfully chargeable against the holder for the area of the lease; and deposit, as required by the Minister, any security from time to time under this Act; and a condition that the holder comply with this Act, other mining legislation and the At Risk agreement; and any other conditions stated in the relevant Aurukun agreement to be conditions of the lease; and any other conditions decided by the Minister.\n(sec.318AAH-ssec.2) Without limiting subsection (1) , the Minister may decide a condition of the mining lease if the Minister considers the condition is in the public interest.\n(sec.318AAH-ssec.3) Each mining lease may be subject to a condition that mining operations under the lease commence within a stated period after its grant.\n(sec.318AAH-ssec.4) Conditions requiring compliance with stated codes or industry agreements may be imposed for each mining lease.\n(sec.318AAH-ssec.5) Despite subsections (1) to (4) , a condition must not be imposed if it is the same, or substantially the same, or inconsistent with, a relevant environmental condition for the lease.\n- (a) a condition that the holder must use the area of the lease for the purpose for which the lease was granted and in accordance with this Act and the conditions of the lease and for no other purpose; and\n- (b) if the holder uses land outside the boundary of the area of the mining lease for access to the area of the mining lease, a condition that the holder may use the land only for the following purposes— (i) to transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mining lease; (ii) to transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder; (iii) to construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii) ; and\n- (i) to transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mining lease;\n- (ii) to transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder;\n- (iii) to construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii) ; and\n- (c) a condition that the holder must carry out improvement restoration for the lease; and\n- (d) a condition that the holder, before the end of the lease for whatever cause, must remove any building or structure purported to be erected under the authority of the lease and all mining equipment and plant, on or in the area of the lease unless otherwise approved by the Minister; and\n- (e) a condition that without the prior approval of the Minister the holder must not obstruct or interfere with any right of access had by any person in relation to the area of the lease; and\n- (f) a condition that the holder is not to transfer, mortgage or sublease the lease, or any part of it, unless the Minister is satisfied that any approval or consent required under the relevant Aurukun agreement has been given; and\n- (g) a condition that the holder give, in the way prescribed under a regulation, all reports, returns, documents and statements prescribed under a regulation; and\n- (h) a condition that the holder give materials obtained under the holder’s mining operations to the Minister at the times, in the way and in quantities the Minister reasonably requires by written notice to the holder; and\n- (i) if the lease is over land that is a reserve—a condition that the holder comply with the terms and conditions on which the consent of the owner or the Governor in Council to the grant of the lease was given; and\n- (j) if the area of the lease has not been surveyed and a physical monument is used to define the area’s boundary—a condition that the holder must maintain the monument;\n- (k) a condition that the holder make all payments of compensation and comply with all terms of any agreement or determination relating to compensation at the time or times agreed or determined under section 279 , 281 or 282 ; and\n- (l) a condition that the holder— (i) pay the rental prescribed under a regulation; and (ii) pay the royalty prescribed under a regulation; and (iii) pay all local government rates and charges lawfully chargeable against the holder for the area of the lease; and (iv) deposit, as required by the Minister, any security from time to time under this Act; and\n- (i) pay the rental prescribed under a regulation; and\n- (ii) pay the royalty prescribed under a regulation; and\n- (iii) pay all local government rates and charges lawfully chargeable against the holder for the area of the lease; and\n- (iv) deposit, as required by the Minister, any security from time to time under this Act; and\n- (m) a condition that the holder comply with this Act, other mining legislation and the At Risk agreement; and\n- (n) any other conditions stated in the relevant Aurukun agreement to be conditions of the lease; and\n- (o) any other conditions decided by the Minister.\n- (i) to transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mining lease;\n- (ii) to transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder;\n- (iii) to construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii) ; and\n- (i) pay the rental prescribed under a regulation; and\n- (ii) pay the royalty prescribed under a regulation; and\n- (iii) pay all local government rates and charges lawfully chargeable against the holder for the area of the lease; and\n- (iv) deposit, as required by the Minister, any security from time to time under this Act; and","sortOrder":456},{"sectionNumber":"sec.318AAI","sectionType":"section","heading":"Initial term of mining lease (284)","content":"### sec.318AAI Initial term of mining lease (284)\n\nThe initial term of a mining lease is for the period approved by the Minister, starting on the first day of the month next following the day on which the lease is granted.\nFrom the grant of the lease to the start of the initial term the holder has all the entitlements, powers, duties and functions that the holder has during the term of the lease.\nDespite subsection (2) , no rent is payable for the period before the initial term starts.\ns 318AAI ins 2006 No. 31 s 5\namd 2012 No. 20 s 214\n(sec.318AAI-ssec.1) The initial term of a mining lease is for the period approved by the Minister, starting on the first day of the month next following the day on which the lease is granted.\n(sec.318AAI-ssec.2) From the grant of the lease to the start of the initial term the holder has all the entitlements, powers, duties and functions that the holder has during the term of the lease.\n(sec.318AAI-ssec.3) Despite subsection (2) , no rent is payable for the period before the initial term starts.","sortOrder":457},{"sectionNumber":"sec.318AAJ","sectionType":"section","heading":"Renewal of lease (286A)","content":"### sec.318AAJ Renewal of lease (286A)\n\nThis section applies—\ndespite section 318AAA ; and\nif the relevant Aurukun agreement has not been terminated before the application for the renewal of a mining lease is made.\nSection 286A , other than subsection (1) (h) , applies to the renewal.\ns 318AAJ ins 2006 No. 31 s 5\namd 2012 No. 20 s 281 sch 2 ; 2013 No. 10 s 66\n(sec.318AAJ-ssec.1) This section applies— despite section 318AAA ; and if the relevant Aurukun agreement has not been terminated before the application for the renewal of a mining lease is made.\n(sec.318AAJ-ssec.2) Section 286A , other than subsection (1) (h) , applies to the renewal.\n- (a) despite section 318AAA ; and\n- (b) if the relevant Aurukun agreement has not been terminated before the application for the renewal of a mining lease is made.","sortOrder":458},{"sectionNumber":"sec.318AAK","sectionType":"section","heading":"Requirements for transferring, mortgaging or subleasing mining leases","content":"### sec.318AAK Requirements for transferring, mortgaging or subleasing mining leases\n\nSubsection (2) applies to restrict a transfer or mortgage of a mining lease in addition to any requirements under the Common Provisions Act .\nA mining lease, or an interest in a mining lease, can not be transferred, mortgaged or subleased unless the Minister is satisfied that any approval or consent required under the relevant Aurukun agreement for the transfer, mortgage or sublease has been given.\ns 318AAK ins 2006 No. 31 s 5\namd 2013 No. 10 s 67 ; 2012 No. 20 s 215 , s 323 sch 3 ; 2014 No. 47 s 362 (amd 2016 No. 30 s 82 )\n(sec.318AAK-ssec.1) Subsection (2) applies to restrict a transfer or mortgage of a mining lease in addition to any requirements under the Common Provisions Act .\n(sec.318AAK-ssec.2) A mining lease, or an interest in a mining lease, can not be transferred, mortgaged or subleased unless the Minister is satisfied that any approval or consent required under the relevant Aurukun agreement for the transfer, mortgage or sublease has been given.","sortOrder":459},{"sectionNumber":"sec.318AAL","sectionType":"section","heading":"Contravention by holder of mining lease (308)","content":"### sec.318AAL Contravention by holder of mining lease (308)\n\nIn addition to section 308 , if the relevant Aurukun agreement has been terminated, the Minister may cancel the lease.\ns 318AAL ins 2006 No. 31 s 5\namd 2013 No. 10 s 68","sortOrder":460},{"sectionNumber":"sec.318AAM","sectionType":"section","heading":"Limitation on surrender of mining lease (309)","content":"### sec.318AAM Limitation on surrender of mining lease (309)\n\nThis section applies if the holder of a mining lease wishes to surrender the lease.\nDespite section 318AAA , section 309 does not apply unless the Minister is satisfied the holder has fully discharged its obligations under the relevant Aurukun agreement.\ns 318AAM ins 2006 No. 31 s 5\namd 2013 No. 10 s 69\n(sec.318AAM-ssec.1) This section applies if the holder of a mining lease wishes to surrender the lease.\n(sec.318AAM-ssec.2) Despite section 318AAA , section 309 does not apply unless the Minister is satisfied the holder has fully discharged its obligations under the relevant Aurukun agreement.","sortOrder":461},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Application transfers","content":"# Application transfers","sortOrder":462},{"sectionNumber":"ch.7-pt.1-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":463},{"sectionNumber":"sec.318AAN","sectionType":"section","heading":"Application of pt 1","content":"### sec.318AAN Application of pt 1\n\nThis part applies to the following transfers (each an application transfer )—\na transfer of an application for a mining lease;\na transfer of an interest in an application for a mining lease.\ns 318AAN ins 2012 No. 20 s 216\namd 2012 No. 20 s 323 sch 3\nsub 2014 No. 47 s 364\n- (a) a transfer of an application for a mining lease;\n- (b) a transfer of an interest in an application for a mining lease.","sortOrder":464},{"sectionNumber":"ch.7-pt.1-div.2","sectionType":"division","heading":"Registration generally","content":"## Registration generally","sortOrder":465},{"sectionNumber":"sec.318AAO","sectionType":"section","heading":"Registration required for all application transfers","content":"### sec.318AAO Registration required for all application transfers\n\nAn application transfer has no effect until it is registered.\nA registered application transfer takes effect on the day the transfer is approved under division 3 .\ns 318AAO ins 2012 No. 20 s 216\namd 2012 No. 20 s 323 sch 3\nsub 2014 No. 47 s 364\n(sec.318AAO-ssec.1) An application transfer has no effect until it is registered.\n(sec.318AAO-ssec.2) A registered application transfer takes effect on the day the transfer is approved under division 3 .","sortOrder":466},{"sectionNumber":"sec.318AAP","sectionType":"section","heading":"Obtaining registration","content":"### sec.318AAP Obtaining registration\n\nRegistration of an application transfer is carried out by the chief executive.\nHowever, an application transfer must be approved by the Minister under division 3 before it can be registered.\ns 318AAP ins 2012 No. 20 s 216 (amd 2013 No. 10 s 151 (1) )\nsub 2014 No. 47 s 364\n(sec.318AAP-ssec.1) Registration of an application transfer is carried out by the chief executive.\n(sec.318AAP-ssec.2) However, an application transfer must be approved by the Minister under division 3 before it can be registered.","sortOrder":467},{"sectionNumber":"sec.318AAQ","sectionType":"section","heading":"Effect of approval and registration","content":"### sec.318AAQ Effect of approval and registration\n\nThe registration of an application transfer, or an approval of an application transfer under division 3 , allows the transfer to have effect according to its terms but does not of itself give the transfer any more effect or validity than it would otherwise have.\ns 318AAQ ins 2012 No. 20 s 216 (amd 2013 No. 10 s 151 (2) )\nsub 2014 No. 47 s 364","sortOrder":468},{"sectionNumber":"ch.7-pt.1-div.3","sectionType":"division","heading":"Approval of application transfers","content":"## Approval of application transfers","sortOrder":469},{"sectionNumber":"sec.318AAR","sectionType":"section","heading":"Indicative approval","content":"### sec.318AAR Indicative approval\n\nAn applicant for a mining lease, or the holder of an interest in an application for a mining lease, may, before applying for an approval of an application transfer for the mining lease, apply—\nfor an indication of whether the transfer is likely to be approved (an indicative approval ); and\nif conditions are likely to be imposed on the giving of the approval—for an indication of what the conditions are likely to be.\nThe application must be—\nmade to the Minister; and\nin the approved form; and\naccompanied by—\nthe information the Minister requires to make a decision; and\nthe fee prescribed by regulation.\nIn deciding whether or not to give the indicative approval, the Minister must consider the matters mentioned in section 318AAT (2) as if the request were an application for approval of an application transfer.\nThe Minister must decide whether or not to give the indicative approval and give the applicant notice of the decision.\ns 318AAR ins 2012 No. 20 s 216\namd 2013 No. 10 s 193 sch 1\nsub 2014 No. 47 s 364\n(sec.318AAR-ssec.1) An applicant for a mining lease, or the holder of an interest in an application for a mining lease, may, before applying for an approval of an application transfer for the mining lease, apply— for an indication of whether the transfer is likely to be approved (an indicative approval ); and if conditions are likely to be imposed on the giving of the approval—for an indication of what the conditions are likely to be.\n(sec.318AAR-ssec.2) The application must be— made to the Minister; and in the approved form; and accompanied by— the information the Minister requires to make a decision; and the fee prescribed by regulation.\n(sec.318AAR-ssec.3) In deciding whether or not to give the indicative approval, the Minister must consider the matters mentioned in section 318AAT (2) as if the request were an application for approval of an application transfer.\n(sec.318AAR-ssec.4) The Minister must decide whether or not to give the indicative approval and give the applicant notice of the decision.\n- (a) for an indication of whether the transfer is likely to be approved (an indicative approval ); and\n- (b) if conditions are likely to be imposed on the giving of the approval—for an indication of what the conditions are likely to be.\n- (a) made to the Minister; and\n- (b) in the approved form; and\n- (c) accompanied by— (i) the information the Minister requires to make a decision; and (ii) the fee prescribed by regulation.\n- (i) the information the Minister requires to make a decision; and\n- (ii) the fee prescribed by regulation.\n- (i) the information the Minister requires to make a decision; and\n- (ii) the fee prescribed by regulation.","sortOrder":470},{"sectionNumber":"sec.318AAS","sectionType":"section","heading":"Applying for approval of application transfer","content":"### sec.318AAS Applying for approval of application transfer\n\nAn applicant for a mining lease, or the holder of an interest in an application for a mining lease, may apply for approval of an application transfer for the application.\nThe application must be made to the Minister in the approved form and be accompanied by—\na written consent to the transfer by the proposed transferee; and\na written consent to the transfer by each person, other than the transferor, who is an applicant for the application; and\nthe fee prescribed by regulation.\nHowever, an application can not be made under this section if the proposed transferee is not an eligible person.\ns 318AAS ins 2012 No. 20 s 216\nsub 2014 No. 47 s 364\n(sec.318AAS-ssec.1) An applicant for a mining lease, or the holder of an interest in an application for a mining lease, may apply for approval of an application transfer for the application.\n(sec.318AAS-ssec.2) The application must be made to the Minister in the approved form and be accompanied by— a written consent to the transfer by the proposed transferee; and a written consent to the transfer by each person, other than the transferor, who is an applicant for the application; and the fee prescribed by regulation.\n(sec.318AAS-ssec.3) However, an application can not be made under this section if the proposed transferee is not an eligible person.\n- (a) a written consent to the transfer by the proposed transferee; and\n- (b) a written consent to the transfer by each person, other than the transferor, who is an applicant for the application; and\n- (c) the fee prescribed by regulation.","sortOrder":471},{"sectionNumber":"sec.318AAT","sectionType":"section","heading":"Deciding application","content":"### sec.318AAT Deciding application\n\nThe Minister must decide whether or not to give the approval of the application transfer for the application.\nIn deciding whether or not to give the approval, the Minister must consider—\nthe application for approval and any additional information accompanying the application; and\nwhether the transferee has the human, technical and financial resources to comply with the conditions of a mining lease under section 276 ; and\nthe public interest.\nHowever, subsection (2) does not apply if, under subsection (5) or (6) , the approval is taken to have been given.\nThe approval may be given only if the proposed transferee is—\nan eligible person; and\na registered suitable operator under the Environmental Protection Act .\nThe approval is taken to have been given if—\nunder section 318AAR , an indicative approval has been given for the proposed transfer; and\nsubsection (4) does not prevent the giving of the approval; and\nwithin 3 months after the giving of the indicative approval—\nan application for approval of the application transfer is made; and\nif, under section 318AAR , an indication of likely conditions was given—the conditions are complied with.\nThe approval is also taken to have been given if—\nsubsection (5) (a) and (b) is satisfied; and\nbefore the expiration of 6 months after the giving of the indicative approval—\nthe applicant gives the chief executive a statement that there has been no material change relevant to the matters for which the indicative approval was given; and\nsubsection (5) (c) (i) and (ii) is satisfied.\nDespite subsections (5) and (6) , the approval of the application transfer is taken not to have been given if—\nthe request for indicative approval contained incorrect material information or omitted material information; and\nhad the Minister been aware of the discrepancy, the Minister would not have given the indicative approval.\ns 318AAT ins 2012 No. 20 s 216 (amd 2013 No. 10 s 151 (3) )\nsub 2014 No. 47 s 364\n(sec.318AAT-ssec.1) The Minister must decide whether or not to give the approval of the application transfer for the application.\n(sec.318AAT-ssec.2) In deciding whether or not to give the approval, the Minister must consider— the application for approval and any additional information accompanying the application; and whether the transferee has the human, technical and financial resources to comply with the conditions of a mining lease under section 276 ; and the public interest.\n(sec.318AAT-ssec.3) However, subsection (2) does not apply if, under subsection (5) or (6) , the approval is taken to have been given.\n(sec.318AAT-ssec.4) The approval may be given only if the proposed transferee is— an eligible person; and a registered suitable operator under the Environmental Protection Act .\n(sec.318AAT-ssec.5) The approval is taken to have been given if— under section 318AAR , an indicative approval has been given for the proposed transfer; and subsection (4) does not prevent the giving of the approval; and within 3 months after the giving of the indicative approval— an application for approval of the application transfer is made; and if, under section 318AAR , an indication of likely conditions was given—the conditions are complied with.\n(sec.318AAT-ssec.6) The approval is also taken to have been given if— subsection (5) (a) and (b) is satisfied; and before the expiration of 6 months after the giving of the indicative approval— the applicant gives the chief executive a statement that there has been no material change relevant to the matters for which the indicative approval was given; and subsection (5) (c) (i) and (ii) is satisfied.\n(sec.318AAT-ssec.7) Despite subsections (5) and (6) , the approval of the application transfer is taken not to have been given if— the request for indicative approval contained incorrect material information or omitted material information; and had the Minister been aware of the discrepancy, the Minister would not have given the indicative approval.\n- (a) the application for approval and any additional information accompanying the application; and\n- (b) whether the transferee has the human, technical and financial resources to comply with the conditions of a mining lease under section 276 ; and\n- (c) the public interest.\n- (a) an eligible person; and\n- (b) a registered suitable operator under the Environmental Protection Act .\n- (a) under section 318AAR , an indicative approval has been given for the proposed transfer; and\n- (b) subsection (4) does not prevent the giving of the approval; and\n- (c) within 3 months after the giving of the indicative approval— (i) an application for approval of the application transfer is made; and (ii) if, under section 318AAR , an indication of likely conditions was given—the conditions are complied with.\n- (i) an application for approval of the application transfer is made; and\n- (ii) if, under section 318AAR , an indication of likely conditions was given—the conditions are complied with.\n- (i) an application for approval of the application transfer is made; and\n- (ii) if, under section 318AAR , an indication of likely conditions was given—the conditions are complied with.\n- (a) subsection (5) (a) and (b) is satisfied; and\n- (b) before the expiration of 6 months after the giving of the indicative approval— (i) the applicant gives the chief executive a statement that there has been no material change relevant to the matters for which the indicative approval was given; and (ii) subsection (5) (c) (i) and (ii) is satisfied.\n- (i) the applicant gives the chief executive a statement that there has been no material change relevant to the matters for which the indicative approval was given; and\n- (ii) subsection (5) (c) (i) and (ii) is satisfied.\n- (i) the applicant gives the chief executive a statement that there has been no material change relevant to the matters for which the indicative approval was given; and\n- (ii) subsection (5) (c) (i) and (ii) is satisfied.\n- (a) the request for indicative approval contained incorrect material information or omitted material information; and\n- (b) had the Minister been aware of the discrepancy, the Minister would not have given the indicative approval.","sortOrder":472},{"sectionNumber":"sec.318AAU","sectionType":"section","heading":"Written notice about decision","content":"### sec.318AAU Written notice about decision\n\nIf the Minister decides to give the approval, the Minister must give the applicant for the approval written notice of the decision.\nIf the Minister decides not to give the approval, the Minister must give the applicant for the approval written notice of the decision stating the following—\nthe decision and the reasons for it;\nthe rights of appeal under this Act;\nthe period in which an appeal must be started;\nhow rights of appeal are to be exercised;\nthat a stay of a decision may be applied for under this Act.\nFor appeals against refusal to approve an application transfer, see part 4 .\ns 318AAU ins 2012 No. 20 s 216\nsub 2014 No. 47 s 364\n(sec.318AAU-ssec.1) If the Minister decides to give the approval, the Minister must give the applicant for the approval written notice of the decision.\n(sec.318AAU-ssec.2) If the Minister decides not to give the approval, the Minister must give the applicant for the approval written notice of the decision stating the following— the decision and the reasons for it; the rights of appeal under this Act; the period in which an appeal must be started; how rights of appeal are to be exercised; that a stay of a decision may be applied for under this Act. For appeals against refusal to approve an application transfer, see part 4 .\n- (a) the decision and the reasons for it;\n- (b) the rights of appeal under this Act;\n- (c) the period in which an appeal must be started;\n- (d) how rights of appeal are to be exercised;\n- (e) that a stay of a decision may be applied for under this Act. Note— For appeals against refusal to approve an application transfer, see part 4 .","sortOrder":473},{"sectionNumber":"sec.318AAV","sectionType":"section","heading":null,"content":"### Section sec.318AAV\n\ns 318AAV ins 2012 No. 20 s 216\namd 2013 No. 10 s 116\nom 2014 No. 47 s 364","sortOrder":474},{"sectionNumber":"sec.318AAW","sectionType":"section","heading":null,"content":"### Section sec.318AAW\n\ns 318AAW ins 2012 No. 20 s 216\namd 2013 No. 10 s 117\nom 2014 No. 47 s 364","sortOrder":475},{"sectionNumber":"sec.318AAX","sectionType":"section","heading":null,"content":"### Section sec.318AAX\n\ns 318AAX ins 2012 No. 20 s 216\namd 2013 No. 10 s 118\nom 2014 No. 47 s 364","sortOrder":476},{"sectionNumber":"sec.318AAY","sectionType":"section","heading":null,"content":"### Section sec.318AAY\n\ns 318AAY ins 2012 No. 20 s 216\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 364","sortOrder":477},{"sectionNumber":"sec.318AAZ","sectionType":"section","heading":null,"content":"### Section sec.318AAZ\n\ns 318AAZ ins 2012 No. 20 s 216\namd 2012 No. 20 s 323 sch 3 ; 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 364","sortOrder":478},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":479},{"sectionNumber":"sec.318AAZA","sectionType":"section","heading":null,"content":"### Section sec.318AAZA\n\ns 318AAZA ins 2012 No. 20 s 216\namd 2012 No. 20 s 323 sch 3\nom 2014 No. 47 s 364","sortOrder":480},{"sectionNumber":"sec.318AAZB","sectionType":"section","heading":null,"content":"### Section sec.318AAZB\n\ns 318AAZB ins 2012 No. 20 s 216\namd 2012 No. 20 s 323 sch 3\nom 2014 No. 47 s 364","sortOrder":481},{"sectionNumber":"sec.318AAZC","sectionType":"section","heading":null,"content":"### Section sec.318AAZC\n\ns 318AAZC ins 2012 No. 20 s 216\nom 2014 No. 47 s 364","sortOrder":482},{"sectionNumber":"sec.318AAZD","sectionType":"section","heading":null,"content":"### Section sec.318AAZD\n\ns 318AAZD ins 2012 No. 20 s 216\nom 2014 No. 47 s 364","sortOrder":483},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":484},{"sectionNumber":"sec.318AAZE","sectionType":"section","heading":null,"content":"### Section sec.318AAZE\n\ns 318AAZE ins 2012 No. 20 s 216\namd 2012 No. 20 s 323 sch 3\nom 2014 No. 47 s 364","sortOrder":485},{"sectionNumber":"sec.318AAZF","sectionType":"section","heading":null,"content":"### Section sec.318AAZF\n\ns 318AAZF ins 2012 No. 20 s 216\nom 2014 No. 47 s 364","sortOrder":486},{"sectionNumber":"sec.318AAZG","sectionType":"section","heading":null,"content":"### Section sec.318AAZG\n\ns 318AAZG ins 2012 No. 20 s 216\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 364","sortOrder":487},{"sectionNumber":"sec.318AAZH","sectionType":"section","heading":null,"content":"### Section sec.318AAZH\n\ns 318AAZH ins 2012 No. 20 s 216\nom 2014 No. 47 s 364","sortOrder":488},{"sectionNumber":"sec.318AAZI","sectionType":"section","heading":null,"content":"### Section sec.318AAZI\n\ns 318AAZI ins 2012 No. 20 s 216 (amd 2013 No. 10 s 151 (4) – (5) )\nom 2014 No. 47 s 364","sortOrder":489},{"sectionNumber":"sec.318AAZJ","sectionType":"section","heading":null,"content":"### Section sec.318AAZJ\n\ns 318AAZJ ins 2012 No. 20 s 216 (amd 2013 No. 10 s 151 (6) )\nom 2014 No. 47 s 364","sortOrder":490},{"sectionNumber":"sec.318AAZK","sectionType":"section","heading":null,"content":"### Section sec.318AAZK\n\ns 318AAZK ins 2012 No. 20 s 216\nom 2014 No. 47 s 364","sortOrder":491},{"sectionNumber":"sec.318AAZL","sectionType":"section","heading":null,"content":"### Section sec.318AAZL\n\ns 318AAZL ins 2012 No. 20 s 216\nom 2014 No. 47 s 364","sortOrder":492},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":"Appeals relating to transfers and other dealings","content":"# Appeals relating to transfers and other dealings","sortOrder":493},{"sectionNumber":"sec.318AAZM","sectionType":"section","heading":"Who may appeal","content":"### sec.318AAZM Who may appeal\n\nA person whose interests are affected by any of the following decisions may appeal against the decision to the Land Court—\na decision of the Minister to refuse to approve an application transfer under section 318AAT ;\na decision of the Minister to refuse to approve a prescribed dealing, or to approve a prescribed dealing with conditions, under the Common Provisions Act , section 19 (2) ;\na decision of the Minister to refuse to give an indicative approval, or to give the indicative approval with conditions, under the Common Provisions Act , section 23 (3) .\nFor this section, a person who has been given or is entitled to be given a notice about the decision under section 318AAU is taken to be a person whose interests are affected by the decision.\ns 318AAZM ins 2012 No. 20 s 216\namd 2013 No. 10 s 193 sch 1 ; 2014 No. 47 s 366 ; 2020 No. 14 s 218 sch 1\n(sec.318AAZM-ssec.1) A person whose interests are affected by any of the following decisions may appeal against the decision to the Land Court— a decision of the Minister to refuse to approve an application transfer under section 318AAT ; a decision of the Minister to refuse to approve a prescribed dealing, or to approve a prescribed dealing with conditions, under the Common Provisions Act , section 19 (2) ; a decision of the Minister to refuse to give an indicative approval, or to give the indicative approval with conditions, under the Common Provisions Act , section 23 (3) .\n(sec.318AAZM-ssec.2) For this section, a person who has been given or is entitled to be given a notice about the decision under section 318AAU is taken to be a person whose interests are affected by the decision.\n- (a) a decision of the Minister to refuse to approve an application transfer under section 318AAT ;\n- (b) a decision of the Minister to refuse to approve a prescribed dealing, or to approve a prescribed dealing with conditions, under the Common Provisions Act , section 19 (2) ;\n- (c) a decision of the Minister to refuse to give an indicative approval, or to give the indicative approval with conditions, under the Common Provisions Act , section 23 (3) .","sortOrder":494},{"sectionNumber":"sec.318AAZN","sectionType":"section","heading":"Period to appeal","content":"### sec.318AAZN Period to appeal\n\nThe appeal must be started within 20 business days after—\nif the person has been given a notice about the decision—the day the person is given the notice; or\nif paragraph (a) does not apply—the day the person otherwise becomes aware of the decision.\nHowever, the Land Court may at any time within the 20 business days extend the period for starting the appeal.\ns 318AAZN ins 2012 No. 20 s 216\n(sec.318AAZN-ssec.1) The appeal must be started within 20 business days after— if the person has been given a notice about the decision—the day the person is given the notice; or if paragraph (a) does not apply—the day the person otherwise becomes aware of the decision.\n(sec.318AAZN-ssec.2) However, the Land Court may at any time within the 20 business days extend the period for starting the appeal.\n- (a) if the person has been given a notice about the decision—the day the person is given the notice; or\n- (b) if paragraph (a) does not apply—the day the person otherwise becomes aware of the decision.","sortOrder":495},{"sectionNumber":"sec.318AAZO","sectionType":"section","heading":"Starting appeal","content":"### sec.318AAZO Starting appeal\n\nThe appeal is started by filing a written notice of appeal with the Land Court.\nThe appellant must give the chief executive a copy of the notice.\ns 318AAZO ins 2012 No. 20 s 216\n(sec.318AAZO-ssec.1) The appeal is started by filing a written notice of appeal with the Land Court.\n(sec.318AAZO-ssec.2) The appellant must give the chief executive a copy of the notice.","sortOrder":496},{"sectionNumber":"sec.318AAZP","sectionType":"section","heading":"Stay of operation of decision","content":"### sec.318AAZP Stay of operation of decision\n\nThe Land Court may grant a stay of the decision to secure the effectiveness of the appeal.\nA stay—\nmay be given on the conditions the Land Court considers appropriate; and\noperates for the period fixed by the Land Court; and\nmay be amended or cancelled by the Land Court.\nThe period of a stay under this section must not extend past the time when the Land Court decides the appeal.\nThe appeal affects the decision or carrying out of the decision only if it is stayed.\ns 318AAZP ins 2012 No. 20 s 216\n(sec.318AAZP-ssec.1) The Land Court may grant a stay of the decision to secure the effectiveness of the appeal.\n(sec.318AAZP-ssec.2) A stay— may be given on the conditions the Land Court considers appropriate; and operates for the period fixed by the Land Court; and may be amended or cancelled by the Land Court.\n(sec.318AAZP-ssec.3) The period of a stay under this section must not extend past the time when the Land Court decides the appeal.\n(sec.318AAZP-ssec.4) The appeal affects the decision or carrying out of the decision only if it is stayed.\n- (a) may be given on the conditions the Land Court considers appropriate; and\n- (b) operates for the period fixed by the Land Court; and\n- (c) may be amended or cancelled by the Land Court.","sortOrder":497},{"sectionNumber":"sec.318AAZQ","sectionType":"section","heading":"Hearing procedures","content":"### sec.318AAZQ Hearing procedures\n\nIn deciding an appeal, the Land Court—\nhas the same powers as the Minister; and\nis not bound by the rules of evidence; and\nmust comply with natural justice; and\nmay hear the appeal in court or in chambers.\nAn appeal is by way of rehearing unaffected by the decision.\nSubject to subsections (1) and (2) , the procedure for the appeal is—\nin accordance with the rules for the Land Court; or\nin the absence of relevant rules, as directed by the Land Court.\nA power under an Act to make rules for the Land Court includes power to make rules for appeals under this part.\ns 318AAZQ ins 2012 No. 20 s 216\namd 2013 No. 10 s 193 sch 1\n(sec.318AAZQ-ssec.1) In deciding an appeal, the Land Court— has the same powers as the Minister; and is not bound by the rules of evidence; and must comply with natural justice; and may hear the appeal in court or in chambers.\n(sec.318AAZQ-ssec.2) An appeal is by way of rehearing unaffected by the decision.\n(sec.318AAZQ-ssec.3) Subject to subsections (1) and (2) , the procedure for the appeal is— in accordance with the rules for the Land Court; or in the absence of relevant rules, as directed by the Land Court.\n(sec.318AAZQ-ssec.4) A power under an Act to make rules for the Land Court includes power to make rules for appeals under this part.\n- (a) has the same powers as the Minister; and\n- (b) is not bound by the rules of evidence; and\n- (c) must comply with natural justice; and\n- (d) may hear the appeal in court or in chambers.\n- (a) in accordance with the rules for the Land Court; or\n- (b) in the absence of relevant rules, as directed by the Land Court.","sortOrder":498},{"sectionNumber":"sec.318AAZR","sectionType":"section","heading":"Land Court’s powers on appeal","content":"### sec.318AAZR Land Court’s powers on appeal\n\nIn deciding an appeal under this part, the Land Court may—\nconfirm the decision; or\nset aside the decision and substitute another decision; or\nset aside the decision and return the issue to the Minister with the directions the court considers appropriate.\nIf the Land Court substitutes another decision, the substituted decision is for this Act, other than this part, taken to be the decision of the Minister.\ns 318AAZR ins 2012 No. 20 s 216\namd 2013 No. 10 s 193 sch 1\n(sec.318AAZR-ssec.1) In deciding an appeal under this part, the Land Court may— confirm the decision; or set aside the decision and substitute another decision; or set aside the decision and return the issue to the Minister with the directions the court considers appropriate.\n(sec.318AAZR-ssec.2) If the Land Court substitutes another decision, the substituted decision is for this Act, other than this part, taken to be the decision of the Minister.\n- (a) confirm the decision; or\n- (b) set aside the decision and substitute another decision; or\n- (c) set aside the decision and return the issue to the Minister with the directions the court considers appropriate.","sortOrder":499},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":500},{"sectionNumber":"ch.8-pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":501},{"sectionNumber":"sec.318A","sectionType":"section","heading":null,"content":"### Section sec.318A\n\ns 318A ins 2004 No. 25 s 1020 (amd 2004 No. 26 s 69 (2) sch )\namd 2012 No. 20 s 125 sch 1 , s 323 sch 3\nom 2014 No. 47 s 387","sortOrder":502},{"sectionNumber":"sec.318AA","sectionType":"section","heading":null,"content":"### Section sec.318AA\n\ns 318AA ins 2004 No. 25 s 1020\namd 2012 No. 20 s 125 sch 1 , s 323 sch 3\nom 2014 No. 47 s 387","sortOrder":503},{"sectionNumber":"sec.318AB","sectionType":"section","heading":"Relationship with chs 4–6 and the Common Provisions Act","content":"### sec.318AB Relationship with chs 4–6 and the Common Provisions Act\n\nRequirements and restrictions under this chapter apply as well as any relevant requirements and restrictions under chapters 4 to 6 and the Common Provisions Act .\nIf this chapter imposes a requirement for, or a restriction on, the granting, renewal, consolidation, transfer or subleasing of a coal or oil shale mining tenement, the mining tenement can not be granted, renewed, consolidated, transferred or subleased if the restriction applies or if the requirement has not been complied with.\nIf this chapter imposes a requirement for, or a restriction on, the carrying out of an authorised activity for a coal or oil shale mining tenement, despite chapters 4 to 6 and the Common Provisions Act , the activity is not an authorised activity for the tenure while the restriction applies or if the requirement has not been complied with.\nIf a provision of this chapter conflicts with a provision of chapters 4 to 6 or the Common Provisions Act , the provision of this chapter prevails to the extent of the inconsistency.\ns 318AB ins 2004 No. 25 s 1020 (amd 2004 No. 26 s 69 (2) sch )\namd 2012 No. 20 s 217 , s 323 sch 3 ; 2014 No. 47 s 367\n(sec.318AB-ssec.1) Requirements and restrictions under this chapter apply as well as any relevant requirements and restrictions under chapters 4 to 6 and the Common Provisions Act .\n(sec.318AB-ssec.2) If this chapter imposes a requirement for, or a restriction on, the granting, renewal, consolidation, transfer or subleasing of a coal or oil shale mining tenement, the mining tenement can not be granted, renewed, consolidated, transferred or subleased if the restriction applies or if the requirement has not been complied with.\n(sec.318AB-ssec.3) If this chapter imposes a requirement for, or a restriction on, the carrying out of an authorised activity for a coal or oil shale mining tenement, despite chapters 4 to 6 and the Common Provisions Act , the activity is not an authorised activity for the tenure while the restriction applies or if the requirement has not been complied with.\n(sec.318AB-ssec.4) If a provision of this chapter conflicts with a provision of chapters 4 to 6 or the Common Provisions Act , the provision of this chapter prevails to the extent of the inconsistency.","sortOrder":504},{"sectionNumber":"ch.8-pt.1-div.2","sectionType":"division","heading":"Definitions for chapter 8","content":"## Definitions for chapter 8","sortOrder":505},{"sectionNumber":"sec.318AC","sectionType":"section","heading":"What is coal seam gas and incidental coal seam gas","content":"### sec.318AC What is coal seam gas and incidental coal seam gas\n\nCoal seam gas is a substance (in any state) occurring naturally in association with coal or oil shale, or with strata associated with coal or oil shale mining, if the substance is petroleum under the Petroleum and Gas (Production and Safety) Act .\nIncidental coal seam gas is defined in section 318CM (2) .\ns 318AC ins 2004 No. 25 s 1020\n(sec.318AC-ssec.1) Coal seam gas is a substance (in any state) occurring naturally in association with coal or oil shale, or with strata associated with coal or oil shale mining, if the substance is petroleum under the Petroleum and Gas (Production and Safety) Act .\n(sec.318AC-ssec.2) Incidental coal seam gas is defined in section 318CM (2) .","sortOrder":506},{"sectionNumber":"sec.318AD","sectionType":"section","heading":"What is oil shale","content":"### sec.318AD What is oil shale\n\nOil shale is shale or other rock (other than coal) from which a gasification or retorting product, as defined in the Petroleum and Gas (Production and Safety) Act , may be extracted or produced.\ns 318AD ins 2004 No. 25 s 1020","sortOrder":507},{"sectionNumber":"sec.318AE","sectionType":"section","heading":"What is a coal exploration tenement , a coal mining lease and a special coal mining lease","content":"### sec.318AE What is a coal exploration tenement , a coal mining lease and a special coal mining lease\n\nA coal exploration tenement is an exploration permit or mineral development licence granted for coal.\nA coal mining lease is—\na mining lease for coal; or\na mining lease or special coal mining lease granted under any of the following Acts, an agreement provided for under any of the Act s or any amendment of an agreement provided for under any of the Act s—\nthe Central Queensland Coal Associates Agreement Act 1968 ;\nthe Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Acts 1962 to 1965 ; or\nFor specific provisions dealing with mining leases mentioned in this paragraph, see subdivision 3 .\na specific purpose mining lease for a purpose associated with, arising from or promoting the activity of coal mining, whether or not it is also granted for a purpose other than coal mining.\nSubsections (1) and (2) (a) apply whether or not the permit, licence or lease is also granted for another mineral.\nHowever, for parts 1 to 7 —\na coal exploration tenement does not include an exploration permit or mineral development licence granted for coal to which the Common Provisions Act , chapter 4 , applies; and\na coal mining lease does not include a mining lease granted for coal to which the Common Provisions Act , chapter 4 , applies.\ns 318AE ins 2004 No. 25 s 1020\namd 2012 No. 20 s 125 sch 1 ; 2014 No. 47 s 388\n(sec.318AE-ssec.1) A coal exploration tenement is an exploration permit or mineral development licence granted for coal.\n(sec.318AE-ssec.2) A coal mining lease is— a mining lease for coal; or a mining lease or special coal mining lease granted under any of the following Acts, an agreement provided for under any of the Act s or any amendment of an agreement provided for under any of the Act s— the Central Queensland Coal Associates Agreement Act 1968 ; the Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Acts 1962 to 1965 ; or For specific provisions dealing with mining leases mentioned in this paragraph, see subdivision 3 . a specific purpose mining lease for a purpose associated with, arising from or promoting the activity of coal mining, whether or not it is also granted for a purpose other than coal mining.\n(sec.318AE-ssec.3) Subsections (1) and (2) (a) apply whether or not the permit, licence or lease is also granted for another mineral.\n(sec.318AE-ssec.4) However, for parts 1 to 7 — a coal exploration tenement does not include an exploration permit or mineral development licence granted for coal to which the Common Provisions Act , chapter 4 , applies; and a coal mining lease does not include a mining lease granted for coal to which the Common Provisions Act , chapter 4 , applies.\n- (a) a mining lease for coal; or\n- (b) a mining lease or special coal mining lease granted under any of the following Acts, an agreement provided for under any of the Act s or any amendment of an agreement provided for under any of the Act s— (i) the Central Queensland Coal Associates Agreement Act 1968 ; (ii) the Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Acts 1962 to 1965 ; or Note— For specific provisions dealing with mining leases mentioned in this paragraph, see subdivision 3 .\n- (i) the Central Queensland Coal Associates Agreement Act 1968 ;\n- (ii) the Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Acts 1962 to 1965 ; or\n- (c) a specific purpose mining lease for a purpose associated with, arising from or promoting the activity of coal mining, whether or not it is also granted for a purpose other than coal mining.\n- (i) the Central Queensland Coal Associates Agreement Act 1968 ;\n- (ii) the Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Acts 1962 to 1965 ; or\n- (a) a coal exploration tenement does not include an exploration permit or mineral development licence granted for coal to which the Common Provisions Act , chapter 4 , applies; and\n- (b) a coal mining lease does not include a mining lease granted for coal to which the Common Provisions Act , chapter 4 , applies.","sortOrder":508},{"sectionNumber":"sec.318AF","sectionType":"section","heading":"What is an oil shale exploration tenement and an oil shale mining lease","content":"### sec.318AF What is an oil shale exploration tenement and an oil shale mining lease\n\nAn oil shale exploration tenement is an exploration permit or mineral development licence granted for oil shale.\nAn oil shale mining lease is—\na mining lease for oil shale; or\na specific purpose mining lease for a purpose associated with, arising from or promoting the activity of oil shale mining, whether or not it is also granted for a purpose other than oil shale mining.\nSubsections (1) and (2) (a) apply whether or not the permit, licence or lease is also granted for another mineral.\ns 318AF ins 2004 No. 25 s 1020\n(sec.318AF-ssec.1) An oil shale exploration tenement is an exploration permit or mineral development licence granted for oil shale.\n(sec.318AF-ssec.2) An oil shale mining lease is— a mining lease for oil shale; or a specific purpose mining lease for a purpose associated with, arising from or promoting the activity of oil shale mining, whether or not it is also granted for a purpose other than oil shale mining.\n(sec.318AF-ssec.3) Subsections (1) and (2) (a) apply whether or not the permit, licence or lease is also granted for another mineral.\n- (a) a mining lease for oil shale; or\n- (b) a specific purpose mining lease for a purpose associated with, arising from or promoting the activity of oil shale mining, whether or not it is also granted for a purpose other than oil shale mining.","sortOrder":509},{"sectionNumber":"sec.318AG","sectionType":"section","heading":"What is a coal or oil shale mining tenement","content":"### sec.318AG What is a coal or oil shale mining tenement\n\nA coal or oil shale mining tenement is—\na coal or oil shale exploration tenement; or\na coal mining lease or an oil shale mining lease.\ns 318AG ins 2004 No. 25 s 1020\n- (a) a coal or oil shale exploration tenement; or\n- (b) a coal mining lease or an oil shale mining lease.","sortOrder":510},{"sectionNumber":"sec.318AH","sectionType":"section","heading":"What is a development plan and its plan period","content":"### sec.318AH What is a development plan and its plan period\n\nThe development plan , for a coal mining lease or an oil shale mining lease, is its current initial or later development plan, as approved under part 9 .\nFor subsection (1) , the development plan is current if the period to which the plan applies has started and has not ended.\nSee also sections 318DK and 318EE .\nThe period to which a development plan applies is its plan period .\ns 318AH ins 2004 No. 25 s 1020\namd 2012 No. 20 s 125 sch 1 , s 323 sch 3\n(sec.318AH-ssec.1) The development plan , for a coal mining lease or an oil shale mining lease, is its current initial or later development plan, as approved under part 9 .\n(sec.318AH-ssec.2) For subsection (1) , the development plan is current if the period to which the plan applies has started and has not ended. See also sections 318DK and 318EE .\n(sec.318AH-ssec.3) The period to which a development plan applies is its plan period .","sortOrder":511},{"sectionNumber":"sec.318AI","sectionType":"section","heading":"Petroleum tenures","content":"### sec.318AI Petroleum tenures\n\nA petroleum lease is a petroleum lease under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act .\nAn authority to prospect is an authority to prospect under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act .\nA petroleum tenure is an authority to prospect or a petroleum lease.\nHowever, for parts 1 to 7 —\na petroleum lease does not include a petroleum lease under the Petroleum and Gas (Production and Safety) Act to which the Common Provisions Act , chapter 4 , applies; and\nan authority to prospect does not include an authority to prospect under the Petroleum and Gas (Production and Safety) Act to which the Common Provisions Act , chapter 4 , applies.\ns 318AI ins 2004 No. 25 s 1020\namd 2014 No. 47 s 389\n(sec.318AI-ssec.1) A petroleum lease is a petroleum lease under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act .\n(sec.318AI-ssec.2) An authority to prospect is an authority to prospect under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act .\n(sec.318AI-ssec.3) A petroleum tenure is an authority to prospect or a petroleum lease.\n(sec.318AI-ssec.4) However, for parts 1 to 7 — a petroleum lease does not include a petroleum lease under the Petroleum and Gas (Production and Safety) Act to which the Common Provisions Act , chapter 4 , applies; and an authority to prospect does not include an authority to prospect under the Petroleum and Gas (Production and Safety) Act to which the Common Provisions Act , chapter 4 , applies.\n- (a) a petroleum lease does not include a petroleum lease under the Petroleum and Gas (Production and Safety) Act to which the Common Provisions Act , chapter 4 , applies; and\n- (b) an authority to prospect does not include an authority to prospect under the Petroleum and Gas (Production and Safety) Act to which the Common Provisions Act , chapter 4 , applies.","sortOrder":512},{"sectionNumber":"sec.318AJ","sectionType":"section","heading":"What is a coordination arrangement","content":"### sec.318AJ What is a coordination arrangement\n\nA coordination arrangement is a coordination arrangement under the Petroleum and Gas (Production and Safety) Act .\ns 318AJ ins 2004 No. 25 s 1020","sortOrder":513},{"sectionNumber":"sec.318AK","sectionType":"section","heading":"What is the public interest","content":"### sec.318AK What is the public interest\n\nThe public interest is a consideration of each of the following—\ngovernment policy;\nvalue of commodity production (including time value);\nemployment creation;\ntotal return to the State and to Australia (including royalty and rent), assessed on both a direct and indirect basis, so that, for example, downstream value adding is included;\nsocial impacts;\nthe overall economic benefit for the State, or a part of the State, in the short and long term.\ns 318AK ins 2004 No. 25 s 1020\n- (a) government policy;\n- (b) value of commodity production (including time value);\n- (c) employment creation;\n- (d) total return to the State and to Australia (including royalty and rent), assessed on both a direct and indirect basis, so that, for example, downstream value adding is included;\n- (e) social impacts;\n- (f) the overall economic benefit for the State, or a part of the State, in the short and long term.","sortOrder":514},{"sectionNumber":"ch.8-pt.1-div.3","sectionType":"division","heading":"Relationship with particular special agreement Acts","content":"## Relationship with particular special agreement Acts","sortOrder":515},{"sectionNumber":"sec.318AL","sectionType":"section","heading":"Application of ch 8 to grant of special coal mining lease under Central Queensland Coal Associates Agreement Act 1968","content":"### sec.318AL Application of ch 8 to grant of special coal mining lease under Central Queensland Coal Associates Agreement Act 1968\n\nThis chapter applies to the granting of a special coal mining lease under the Central Queensland Coal Associates Agreement Act 1968 (the CQCA Act ).\nIf this chapter imposes a requirement for, or a restriction on, the granting of a special coal mining lease under the CQCA Act , the lease can not be granted if the restriction applies or if the requirement has not been met.\nFor this section, the grant of a lease includes an addition to the land subject to an existing special coal mining lease granted under the special agreement Act.\nThis section applies despite any provision of the CQCA Act .\ns 318AL ins 2004 No. 25 s 1020\namd 2012 No. 20 s 323 sch 3\n(sec.318AL-ssec.1) This chapter applies to the granting of a special coal mining lease under the Central Queensland Coal Associates Agreement Act 1968 (the CQCA Act ).\n(sec.318AL-ssec.2) If this chapter imposes a requirement for, or a restriction on, the granting of a special coal mining lease under the CQCA Act , the lease can not be granted if the restriction applies or if the requirement has not been met.\n(sec.318AL-ssec.3) For this section, the grant of a lease includes an addition to the land subject to an existing special coal mining lease granted under the special agreement Act.\n(sec.318AL-ssec.4) This section applies despite any provision of the CQCA Act .","sortOrder":516},{"sectionNumber":"sec.318AM","sectionType":"section","heading":"Chapter prevails over special agreement Acts","content":"### sec.318AM Chapter prevails over special agreement Acts\n\nIf a provision of this chapter conflicts with a provision of an Act or agreement mentioned in section 318AE (2) (b) , the provision of this chapter prevails to the extent of the inconsistency.\ns 318AM ins 2004 No. 25 s 1020\namd 2012 No. 20 s 323 sch 3","sortOrder":517},{"sectionNumber":"sec.318AN","sectionType":"section","heading":"No compensation","content":"### sec.318AN No compensation\n\nNo amount, whether by way of compensation, reimbursement or otherwise is payable by the State to any person for or in connection with the enactment or operation of this division or section 318AE (2) (b) .\nSubsection (1) applies despite any provision of a special agreement Act and despite any other Act or law.\ns 318AN ins 2004 No. 25 s 1020\namd 2012 No. 20 s 323 sch 3\n(sec.318AN-ssec.1) No amount, whether by way of compensation, reimbursement or otherwise is payable by the State to any person for or in connection with the enactment or operation of this division or section 318AE (2) (b) .\n(sec.318AN-ssec.2) Subsection (1) applies despite any provision of a special agreement Act and despite any other Act or law.","sortOrder":518},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Obtaining coal or oil shale mining lease over land in area of authority to prospect (other than by or jointly with, or with the consent of, authority to prospect holder)","content":"# Obtaining coal or oil shale mining lease over land in area of authority to prospect (other than by or jointly with, or with the consent of, authority to prospect holder)","sortOrder":519},{"sectionNumber":"ch.8-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":520},{"sectionNumber":"sec.318AO","sectionType":"section","heading":"Application of pt 2","content":"### sec.318AO Application of pt 2\n\nThis part applies if a person wishes to apply for a coal mining lease or an oil shale mining lease for all or part of the land in the area of an authority to prospect.\nHowever, this part does not apply if—\nthe person is the authority to prospect holder; or\nthe application is to be made jointly with the holder; or\nthe application is made with the holder’s written consent; or\nthe land is also in the area of a petroleum lease and the same person holds the authority to prospect and the petroleum lease.\nFor the circumstances mentioned in subsection (2) (a) to (c) , see part 3 .\nFor the circumstance mentioned in subsection (2) (d) , see part 6 .\ns 318AO ins 2004 No. 25 s 1020\namd 2008 No. 56 s 19 sch ; 2011 No. 20 s 155 ; 2012 No. 20 s 323 sch 3\n(sec.318AO-ssec.1) This part applies if a person wishes to apply for a coal mining lease or an oil shale mining lease for all or part of the land in the area of an authority to prospect.\n(sec.318AO-ssec.2) However, this part does not apply if— the person is the authority to prospect holder; or the application is to be made jointly with the holder; or the application is made with the holder’s written consent; or the land is also in the area of a petroleum lease and the same person holds the authority to prospect and the petroleum lease. For the circumstances mentioned in subsection (2) (a) to (c) , see part 3 . For the circumstance mentioned in subsection (2) (d) , see part 6 .\n- (a) the person is the authority to prospect holder; or\n- (b) the application is to be made jointly with the holder; or\n- (c) the application is made with the holder’s written consent; or\n- (d) the land is also in the area of a petroleum lease and the same person holds the authority to prospect and the petroleum lease.\n- 1 For the circumstances mentioned in subsection (2) (a) to (c) , see part 3 .\n- 2 For the circumstance mentioned in subsection (2) (d) , see part 6 .","sortOrder":521},{"sectionNumber":"ch.8-pt.2-div.2","sectionType":"division","heading":"Provisions for making coal or oil shale mining lease application","content":"## Provisions for making coal or oil shale mining lease application","sortOrder":522},{"sectionNumber":"sec.318AP","sectionType":"section","heading":"Additional requirements for making application","content":"### sec.318AP Additional requirements for making application\n\nThe application must include—\na statement (a CSG statement ) assessing—\nthe likely effect of proposed coal mining on the future development of petroleum production from the land; and\nthe technical and commercial feasibility of coordinated petroleum production and coal or oil shale mining from the land; and\na proposed development plan that complies with the initial development plan requirements; and\nFor requirements for proposed initial development plans, see part 9 , division 2 .\nother information that addresses the matters mentioned in subsection (2) (the CSG assessment criteria ), other than the matter mentioned in subsection (2) (c) (iii) .\nThe CSG assessment criteria are—\nthe initial development plan requirements; and\nthe legitimate business interests of the applicant and the authority to prospect holder (the parties ); and\ncontractual obligations\nthe effect on, and use of, existing infrastructure or mining or production facilities\nexploration expenditure on relevant overlapping tenures\nthe effect of the proposed mining lease on the future development of petroleum resources in the land, including for example, each of the following—\nthe proposed timing and rate of coal or oil shale mining and the development of petroleum from the land;\nthe potential for the parties to make a coordination arrangement about—\ncoal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and\npetroleum production under any future petroleum lease over the land;\nthe attempts required of the applicant under section 318AT (1) (b) and any change of the type mentioned in section 318AT (1) (c) ;\nthe economic and technical viability of the concurrent or coordinated coal or oil shale mining and the development of any petroleum from the land;\nthe extent, nature and value of coal or oil shale mining and the development of any petroleum in the land; and\nthe public interest in coal or oil shale mining and petroleum production from the land, having regard to the public interest.\nFor subsection (2) , if the proposed mining lease is to be granted under section 234 (1) (b) for a purpose associated with, arising from or promoting the activity of mining, a reference to mining in the land includes a reference to mining in other land associated with the lease.\ns 318AP ins 2004 No. 25 s 1020 (amd 2004 No. 26 s 260 (2) – (3) )\namd 2012 No. 20 s 125 sch 1 , s 323 sch 3\n(sec.318AP-ssec.1) The application must include— a statement (a CSG statement ) assessing— the likely effect of proposed coal mining on the future development of petroleum production from the land; and the technical and commercial feasibility of coordinated petroleum production and coal or oil shale mining from the land; and a proposed development plan that complies with the initial development plan requirements; and For requirements for proposed initial development plans, see part 9 , division 2 . other information that addresses the matters mentioned in subsection (2) (the CSG assessment criteria ), other than the matter mentioned in subsection (2) (c) (iii) .\n(sec.318AP-ssec.2) The CSG assessment criteria are— the initial development plan requirements; and the legitimate business interests of the applicant and the authority to prospect holder (the parties ); and contractual obligations the effect on, and use of, existing infrastructure or mining or production facilities exploration expenditure on relevant overlapping tenures the effect of the proposed mining lease on the future development of petroleum resources in the land, including for example, each of the following— the proposed timing and rate of coal or oil shale mining and the development of petroleum from the land; the potential for the parties to make a coordination arrangement about— coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and petroleum production under any future petroleum lease over the land; the attempts required of the applicant under section 318AT (1) (b) and any change of the type mentioned in section 318AT (1) (c) ; the economic and technical viability of the concurrent or coordinated coal or oil shale mining and the development of any petroleum from the land; the extent, nature and value of coal or oil shale mining and the development of any petroleum in the land; and the public interest in coal or oil shale mining and petroleum production from the land, having regard to the public interest.\n(sec.318AP-ssec.3) For subsection (2) , if the proposed mining lease is to be granted under section 234 (1) (b) for a purpose associated with, arising from or promoting the activity of mining, a reference to mining in the land includes a reference to mining in other land associated with the lease.\n- (a) a statement (a CSG statement ) assessing— (i) the likely effect of proposed coal mining on the future development of petroleum production from the land; and (ii) the technical and commercial feasibility of coordinated petroleum production and coal or oil shale mining from the land; and\n- (i) the likely effect of proposed coal mining on the future development of petroleum production from the land; and\n- (ii) the technical and commercial feasibility of coordinated petroleum production and coal or oil shale mining from the land; and\n- (b) a proposed development plan that complies with the initial development plan requirements; and Note— For requirements for proposed initial development plans, see part 9 , division 2 .\n- (c) other information that addresses the matters mentioned in subsection (2) (the CSG assessment criteria ), other than the matter mentioned in subsection (2) (c) (iii) .\n- (i) the likely effect of proposed coal mining on the future development of petroleum production from the land; and\n- (ii) the technical and commercial feasibility of coordinated petroleum production and coal or oil shale mining from the land; and\n- (a) the initial development plan requirements; and\n- (b) the legitimate business interests of the applicant and the authority to prospect holder (the parties ); and Examples of a party’s legitimate business interests— 1 contractual obligations 2 the effect on, and use of, existing infrastructure or mining or production facilities 3 exploration expenditure on relevant overlapping tenures\n- 1 contractual obligations\n- 2 the effect on, and use of, existing infrastructure or mining or production facilities\n- 3 exploration expenditure on relevant overlapping tenures\n- (c) the effect of the proposed mining lease on the future development of petroleum resources in the land, including for example, each of the following— (i) the proposed timing and rate of coal or oil shale mining and the development of petroleum from the land; (ii) the potential for the parties to make a coordination arrangement about— (A) coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and (B) petroleum production under any future petroleum lease over the land; (iii) the attempts required of the applicant under section 318AT (1) (b) and any change of the type mentioned in section 318AT (1) (c) ; (iv) the economic and technical viability of the concurrent or coordinated coal or oil shale mining and the development of any petroleum from the land; (v) the extent, nature and value of coal or oil shale mining and the development of any petroleum in the land; and\n- (i) the proposed timing and rate of coal or oil shale mining and the development of petroleum from the land;\n- (ii) the potential for the parties to make a coordination arrangement about— (A) coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and (B) petroleum production under any future petroleum lease over the land;\n- (A) coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and\n- (B) petroleum production under any future petroleum lease over the land;\n- (iii) the attempts required of the applicant under section 318AT (1) (b) and any change of the type mentioned in section 318AT (1) (c) ;\n- (iv) the economic and technical viability of the concurrent or coordinated coal or oil shale mining and the development of any petroleum from the land;\n- (v) the extent, nature and value of coal or oil shale mining and the development of any petroleum in the land; and\n- (d) the public interest in coal or oil shale mining and petroleum production from the land, having regard to the public interest.\n- 1 contractual obligations\n- 2 the effect on, and use of, existing infrastructure or mining or production facilities\n- 3 exploration expenditure on relevant overlapping tenures\n- (i) the proposed timing and rate of coal or oil shale mining and the development of petroleum from the land;\n- (ii) the potential for the parties to make a coordination arrangement about— (A) coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and (B) petroleum production under any future petroleum lease over the land;\n- (A) coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and\n- (B) petroleum production under any future petroleum lease over the land;\n- (iii) the attempts required of the applicant under section 318AT (1) (b) and any change of the type mentioned in section 318AT (1) (c) ;\n- (iv) the economic and technical viability of the concurrent or coordinated coal or oil shale mining and the development of any petroleum from the land;\n- (v) the extent, nature and value of coal or oil shale mining and the development of any petroleum in the land; and\n- (A) coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and\n- (B) petroleum production under any future petroleum lease over the land;","sortOrder":523},{"sectionNumber":"ch.8-pt.2-div.3","sectionType":"division","heading":"Provisions for applications in particular circumstances","content":"## Provisions for applications in particular circumstances","sortOrder":524},{"sectionNumber":"sec.318AQ","sectionType":"section","heading":"Applications relating to authority to prospect and petroleum lease not held by same person","content":"### sec.318AQ Applications relating to authority to prospect and petroleum lease not held by same person\n\nThis section applies if a person to whom this part applies wishes to make an application to which this part applies—\nfor land in the area of each of the following—\nthe authority to prospect (the authority to prospect part );\na petroleum lease (the petroleum lease part ); and\nthe authority to prospect and the petroleum lease are not held by the same person.\nIf the authority to prospect and the petroleum lease are held by the same person, see part 6 .\nThe person may lodge separate mining lease applications for the authority to prospect part and the petroleum lease part.\nA separate application for the authority to prospect part, or the part of an application that relates to the authority to prospect part, must be decided under this part.\nA separate application for the petroleum lease part, or the part of an application that relates to the petroleum lease part, must be decided under part 5 or 6 .\ns 318AQ ins 2004 No. 25 s 1020\namd 2007 No. 46 s 72 ; 2011 No. 20 s 157 ; 2012 No. 20 s 323 sch 3\n(sec.318AQ-ssec.1) This section applies if a person to whom this part applies wishes to make an application to which this part applies— for land in the area of each of the following— the authority to prospect (the authority to prospect part ); a petroleum lease (the petroleum lease part ); and the authority to prospect and the petroleum lease are not held by the same person. If the authority to prospect and the petroleum lease are held by the same person, see part 6 .\n(sec.318AQ-ssec.2) The person may lodge separate mining lease applications for the authority to prospect part and the petroleum lease part.\n(sec.318AQ-ssec.3) A separate application for the authority to prospect part, or the part of an application that relates to the authority to prospect part, must be decided under this part.\n(sec.318AQ-ssec.4) A separate application for the petroleum lease part, or the part of an application that relates to the petroleum lease part, must be decided under part 5 or 6 .\n- (a) for land in the area of each of the following— (i) the authority to prospect (the authority to prospect part ); (ii) a petroleum lease (the petroleum lease part ); and\n- (i) the authority to prospect (the authority to prospect part );\n- (ii) a petroleum lease (the petroleum lease part ); and\n- (b) the authority to prospect and the petroleum lease are not held by the same person. Note— If the authority to prospect and the petroleum lease are held by the same person, see part 6 .\n- (i) the authority to prospect (the authority to prospect part );\n- (ii) a petroleum lease (the petroleum lease part ); and","sortOrder":525},{"sectionNumber":"sec.318AR","sectionType":"section","heading":"Applications relating to other land","content":"### sec.318AR Applications relating to other land\n\nThis section applies if a person to whom this part applies wishes to make an application to which this part applies and the proposed application includes land (the other part ) not in the area of another petroleum tenure.\nThe person may lodge a separate mining lease application for the other part.\nA separate application for the other part, or the part of an application that relates to the other part, must be decided under chapter 6 , part 1 .\ns 318AR ins 2004 No. 25 s 1020\namd 2007 No. 46 s 73 ; 2011 No. 20 s 158 ; 2012 No. 20 s 323 sch 3\n(sec.318AR-ssec.1) This section applies if a person to whom this part applies wishes to make an application to which this part applies and the proposed application includes land (the other part ) not in the area of another petroleum tenure.\n(sec.318AR-ssec.2) The person may lodge a separate mining lease application for the other part.\n(sec.318AR-ssec.3) A separate application for the other part, or the part of an application that relates to the other part, must be decided under chapter 6 , part 1 .","sortOrder":526},{"sectionNumber":"sec.318AS","sectionType":"section","heading":null,"content":"### Section sec.318AS\n\ns 318AS ins 2004 No. 25 s 1020\nom 2007 No. 46 s 74","sortOrder":527},{"sectionNumber":"ch.8-pt.2-div.4","sectionType":"division","heading":"Obligations of applicant and authority to prospect holder","content":"## Obligations of applicant and authority to prospect holder","sortOrder":528},{"sectionNumber":"sec.318AT","sectionType":"section","heading":"Applicant’s obligations","content":"### sec.318AT Applicant’s obligations\n\nThe applicant must—\nwithin 10 business days after making the application, give the authority to prospect holder a copy of the application, other than the part of the application consisting of the statement mentioned in section 245 (1) (o) ; and\nuse reasonable attempts to—\nconsult with the authority to prospect holder about the applicant’s proposed development plan; and\nmake an appropriate arrangement with the authority to prospect holder about testing for petroleum production carried out, or proposed to be carried out, by the authority to prospect holder (a testing arrangement ); and\nproduction testing\nFor confidentiality obligations of tenure holders or persons who have applied for a tenure, see part 10 .\nchange the proposed development plan to give effect to any reasonable proposal by the authority to prospect holder that will optimise petroleum production under any future petroleum lease over the land; and\nwithin 4 months after making the application, lodge a written notice stating each of the following—\nthe details of the consultation;\nthe results of the consultation;\nany comments the applicant wishes to make about any submissions lodged by the authority to prospect holder, under section 318AX ;\nany changes to the proposed development plan;\nif a testing arrangement has been made—details of the arrangement;\nif a testing arrangement has not been made—details of the attempts made to make a testing arrangement;\nthe applicant’s assessment of the potential of the applicant and the authority to prospect holder to make a coordination arrangement about—\ncoal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and\npetroleum production under any future petroleum lease over the land.\nHowever, the obligations under subsection (1) (b) (ii) and (c) apply only to the extent the provisions or arrangement are commercially and technically feasible for the applicant.\nFor subsection (1) (b) (ii) , it is appropriate for the testing arrangement to give the authority to prospect holder the right to carry out testing for petroleum production to help the holder make, or allow the deciding of, an application under the Petroleum and Gas (Production and Safety) Act , chapter 2 , part 1 , division 6 .\nSee the Petroleum and Gas (Production and Safety) Act , chapter 2 , part 1 , division 6 (Potential commercial areas).\nHowever, subsection (3) does not require the applicant to agree to testing having a duration of more than 12 months.\ns 318AT ins 2004 No. 25 s 1020 (amd 2004 No. 26 s 69 (2) sch )\namd 2007 No. 46 s 75 ; 2012 No. 20 s 125 sch 1 , s 281 sch 2 , s 323 sch 3 ; 2014 No. 47 s 457 (amd 2016 No. 30 s 97 )\n(sec.318AT-ssec.1) The applicant must— within 10 business days after making the application, give the authority to prospect holder a copy of the application, other than the part of the application consisting of the statement mentioned in section 245 (1) (o) ; and use reasonable attempts to— consult with the authority to prospect holder about the applicant’s proposed development plan; and make an appropriate arrangement with the authority to prospect holder about testing for petroleum production carried out, or proposed to be carried out, by the authority to prospect holder (a testing arrangement ); and production testing For confidentiality obligations of tenure holders or persons who have applied for a tenure, see part 10 . change the proposed development plan to give effect to any reasonable proposal by the authority to prospect holder that will optimise petroleum production under any future petroleum lease over the land; and within 4 months after making the application, lodge a written notice stating each of the following— the details of the consultation; the results of the consultation; any comments the applicant wishes to make about any submissions lodged by the authority to prospect holder, under section 318AX ; any changes to the proposed development plan; if a testing arrangement has been made—details of the arrangement; if a testing arrangement has not been made—details of the attempts made to make a testing arrangement; the applicant’s assessment of the potential of the applicant and the authority to prospect holder to make a coordination arrangement about— coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and petroleum production under any future petroleum lease over the land.\n(sec.318AT-ssec.2) However, the obligations under subsection (1) (b) (ii) and (c) apply only to the extent the provisions or arrangement are commercially and technically feasible for the applicant.\n(sec.318AT-ssec.3) For subsection (1) (b) (ii) , it is appropriate for the testing arrangement to give the authority to prospect holder the right to carry out testing for petroleum production to help the holder make, or allow the deciding of, an application under the Petroleum and Gas (Production and Safety) Act , chapter 2 , part 1 , division 6 . See the Petroleum and Gas (Production and Safety) Act , chapter 2 , part 1 , division 6 (Potential commercial areas).\n(sec.318AT-ssec.4) However, subsection (3) does not require the applicant to agree to testing having a duration of more than 12 months.\n- (a) within 10 business days after making the application, give the authority to prospect holder a copy of the application, other than the part of the application consisting of the statement mentioned in section 245 (1) (o) ; and\n- (b) use reasonable attempts to— (i) consult with the authority to prospect holder about the applicant’s proposed development plan; and (ii) make an appropriate arrangement with the authority to prospect holder about testing for petroleum production carried out, or proposed to be carried out, by the authority to prospect holder (a testing arrangement ); and Example of testing— production testing Note— For confidentiality obligations of tenure holders or persons who have applied for a tenure, see part 10 .\n- (i) consult with the authority to prospect holder about the applicant’s proposed development plan; and\n- (ii) make an appropriate arrangement with the authority to prospect holder about testing for petroleum production carried out, or proposed to be carried out, by the authority to prospect holder (a testing arrangement ); and Example of testing— production testing Note— For confidentiality obligations of tenure holders or persons who have applied for a tenure, see part 10 .\n- (c) change the proposed development plan to give effect to any reasonable proposal by the authority to prospect holder that will optimise petroleum production under any future petroleum lease over the land; and\n- (d) within 4 months after making the application, lodge a written notice stating each of the following— (i) the details of the consultation; (ii) the results of the consultation; (iii) any comments the applicant wishes to make about any submissions lodged by the authority to prospect holder, under section 318AX ; (iv) any changes to the proposed development plan; (v) if a testing arrangement has been made—details of the arrangement; (vi) if a testing arrangement has not been made—details of the attempts made to make a testing arrangement; (vii) the applicant’s assessment of the potential of the applicant and the authority to prospect holder to make a coordination arrangement about— (A) coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and (B) petroleum production under any future petroleum lease over the land.\n- (i) the details of the consultation;\n- (ii) the results of the consultation;\n- (iii) any comments the applicant wishes to make about any submissions lodged by the authority to prospect holder, under section 318AX ;\n- (iv) any changes to the proposed development plan;\n- (v) if a testing arrangement has been made—details of the arrangement;\n- (vi) if a testing arrangement has not been made—details of the attempts made to make a testing arrangement;\n- (vii) the applicant’s assessment of the potential of the applicant and the authority to prospect holder to make a coordination arrangement about— (A) coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and (B) petroleum production under any future petroleum lease over the land.\n- (A) coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and\n- (B) petroleum production under any future petroleum lease over the land.\n- (i) consult with the authority to prospect holder about the applicant’s proposed development plan; and\n- (ii) make an appropriate arrangement with the authority to prospect holder about testing for petroleum production carried out, or proposed to be carried out, by the authority to prospect holder (a testing arrangement ); and Example of testing— production testing Note— For confidentiality obligations of tenure holders or persons who have applied for a tenure, see part 10 .\n- (i) the details of the consultation;\n- (ii) the results of the consultation;\n- (iii) any comments the applicant wishes to make about any submissions lodged by the authority to prospect holder, under section 318AX ;\n- (iv) any changes to the proposed development plan;\n- (v) if a testing arrangement has been made—details of the arrangement;\n- (vi) if a testing arrangement has not been made—details of the attempts made to make a testing arrangement;\n- (vii) the applicant’s assessment of the potential of the applicant and the authority to prospect holder to make a coordination arrangement about— (A) coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and (B) petroleum production under any future petroleum lease over the land.\n- (A) coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and\n- (B) petroleum production under any future petroleum lease over the land.\n- (A) coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and\n- (B) petroleum production under any future petroleum lease over the land.","sortOrder":529},{"sectionNumber":"sec.318AU","sectionType":"section","heading":"Minister may require further negotiation","content":"### sec.318AU Minister may require further negotiation\n\nThe Minister may, after receiving the notice under section 318AT (1) (d) , require the applicant to conduct negotiations with the authority to prospect holder with a view to—\nmaking a testing arrangement mentioned in section 318AT (1) (b) (ii) ; or\nmaking changes of a type mentioned in section 318AT (1) (c) .\nThe applicant must use all reasonable attempts to comply with the requirement.\ns 318AU ins 2004 No. 25 s 1020\n(sec.318AU-ssec.1) The Minister may, after receiving the notice under section 318AT (1) (d) , require the applicant to conduct negotiations with the authority to prospect holder with a view to— making a testing arrangement mentioned in section 318AT (1) (b) (ii) ; or making changes of a type mentioned in section 318AT (1) (c) .\n(sec.318AU-ssec.2) The applicant must use all reasonable attempts to comply with the requirement.\n- (a) making a testing arrangement mentioned in section 318AT (1) (b) (ii) ; or\n- (b) making changes of a type mentioned in section 318AT (1) (c) .","sortOrder":530},{"sectionNumber":"sec.318AV","sectionType":"section","heading":"Consequence of applicant not complying with obligations or requirement","content":"### sec.318AV Consequence of applicant not complying with obligations or requirement\n\nIf the Minister is reasonably satisfied the applicant has not complied with an obligation under section 318AT or 318AU , the application may be rejected.\nFor confidentiality obligations of tenure holders or persons who have applied for a tenure, see part 10 .\ns 318AV ins 2004 No. 25 s 1020\namd 2012 No. 20 s 125 sch 1 , s 323 sch 3","sortOrder":531},{"sectionNumber":"sec.318AW","sectionType":"section","heading":"Authority to prospect holder’s obligations","content":"### sec.318AW Authority to prospect holder’s obligations\n\nThe authority to prospect holder must—\nwithin 20 business days after receiving a copy of the application, give the applicant basic information the authority holder has about the following that the applicant may reasonably need to comply with sections 318AP and 318AT —\nthe type of exploration activities carried out, or proposed to be carried out under the authority;\npetroleum in the land; and\nafter receiving a copy of the application, use reasonable attempts to reach an agreement with the applicant, about the matters mentioned in section 318AT (1) (b) and (c) , that provides the best resource use outcome without significantly affecting the parties’ rights or interests.\ns 318AW ins 2004 No. 25 s 1020 (amd 2004 No. 26 s 260 (4) )\n- (a) within 20 business days after receiving a copy of the application, give the applicant basic information the authority holder has about the following that the applicant may reasonably need to comply with sections 318AP and 318AT — (i) the type of exploration activities carried out, or proposed to be carried out under the authority; (ii) petroleum in the land; and\n- (i) the type of exploration activities carried out, or proposed to be carried out under the authority;\n- (ii) petroleum in the land; and\n- (b) after receiving a copy of the application, use reasonable attempts to reach an agreement with the applicant, about the matters mentioned in section 318AT (1) (b) and (c) , that provides the best resource use outcome without significantly affecting the parties’ rights or interests.\n- (i) the type of exploration activities carried out, or proposed to be carried out under the authority;\n- (ii) petroleum in the land; and","sortOrder":532},{"sectionNumber":"sec.318AX","sectionType":"section","heading":"Submissions by authority to prospect holder","content":"### sec.318AX Submissions by authority to prospect holder\n\nThe authority to prospect holder may lodge submissions about the application.\nHowever, the submissions may be lodged only within 3 months after the holder is, under section 318AT (1) (a) , given a copy of the application (the submission period ).\nThe submissions may—\nstate that the holder does not object to the granting of the proposed mining lease; and\nstate that the holder does not wish any preference for the future development of petroleum production from the land ( petroleum development preference ); and\ninclude information about all or any of the following—\nexploration carried out under the authority;\nthe results of the exploration;\nthe prospects for future petroleum production from the land; and\ninclude a proposal by the authority to prospect holder for petroleum production from the land; and\ninclude information relevant to the CSG assessment criteria.\nFor confidentiality obligations of tenure holders or persons who have applied for a tenure, see part 10 .\nThe holder must give the applicant a copy of the submissions.\nIn deciding the application, regard must be had to the submissions.\ns 318AX ins 2004 No. 25 s 1020\namd 2012 No. 20 s 125 sch 1 , s 281 sch 2 , s 323 sch 3\n(sec.318AX-ssec.1) The authority to prospect holder may lodge submissions about the application.\n(sec.318AX-ssec.2) However, the submissions may be lodged only within 3 months after the holder is, under section 318AT (1) (a) , given a copy of the application (the submission period ).\n(sec.318AX-ssec.3) The submissions may— state that the holder does not object to the granting of the proposed mining lease; and state that the holder does not wish any preference for the future development of petroleum production from the land ( petroleum development preference ); and include information about all or any of the following— exploration carried out under the authority; the results of the exploration; the prospects for future petroleum production from the land; and include a proposal by the authority to prospect holder for petroleum production from the land; and include information relevant to the CSG assessment criteria. For confidentiality obligations of tenure holders or persons who have applied for a tenure, see part 10 .\n(sec.318AX-ssec.4) The holder must give the applicant a copy of the submissions.\n(sec.318AX-ssec.5) In deciding the application, regard must be had to the submissions.\n- (a) state that the holder does not object to the granting of the proposed mining lease; and\n- (b) state that the holder does not wish any preference for the future development of petroleum production from the land ( petroleum development preference ); and\n- (c) include information about all or any of the following— (i) exploration carried out under the authority; (ii) the results of the exploration; (iii) the prospects for future petroleum production from the land; and\n- (i) exploration carried out under the authority;\n- (ii) the results of the exploration;\n- (iii) the prospects for future petroleum production from the land; and\n- (d) include a proposal by the authority to prospect holder for petroleum production from the land; and\n- (e) include information relevant to the CSG assessment criteria.\n- (i) exploration carried out under the authority;\n- (ii) the results of the exploration;\n- (iii) the prospects for future petroleum production from the land; and","sortOrder":533},{"sectionNumber":"ch.8-pt.2-div.5","sectionType":"division","heading":"Priority for earlier petroleum lease application or proposed application","content":"## Priority for earlier petroleum lease application or proposed application","sortOrder":534},{"sectionNumber":"sec.318AY","sectionType":"section","heading":"Earlier petroleum lease application","content":"### sec.318AY Earlier petroleum lease application\n\nIf—\nbefore the making of the mining lease application, a petroleum lease application was made for the land; and\nthe petroleum lease application complies with the Petroleum and Gas (Production and Safety) Act ; and\nthe petroleum lease application has not been decided;\na mining lease notice can not be issued for the mining lease application until the petroleum lease application has been decided.\nHowever, subsection (1) does not apply if—\nthe mining lease application was made in response to an invitation in a notice given under the Petroleum and Gas (Production and Safety) Act , section 323 and the application was made within 6 months after the giving of the notice; or\nthe petroleum lease applicant has given written consent to the mining lease application.\nSee, however, the Petroleum and Gas (Production and Safety) Act , chapter 3 , part 2 , division 3 (Petroleum lease applications in response to Mineral Resources Act preference decision) and section 315 (Earlier coal or oil shale mining lease application).\ns 318AY ins 2004 No. 25 s 1020\namd 2012 No. 20 s 125 sch 1 ; 2014 No. 47 s 457A (amd 2016 No. 30 s 98 )\n(sec.318AY-ssec.1) If— before the making of the mining lease application, a petroleum lease application was made for the land; and the petroleum lease application complies with the Petroleum and Gas (Production and Safety) Act ; and the petroleum lease application has not been decided; a mining lease notice can not be issued for the mining lease application until the petroleum lease application has been decided.\n(sec.318AY-ssec.2) However, subsection (1) does not apply if— the mining lease application was made in response to an invitation in a notice given under the Petroleum and Gas (Production and Safety) Act , section 323 and the application was made within 6 months after the giving of the notice; or the petroleum lease applicant has given written consent to the mining lease application. See, however, the Petroleum and Gas (Production and Safety) Act , chapter 3 , part 2 , division 3 (Petroleum lease applications in response to Mineral Resources Act preference decision) and section 315 (Earlier coal or oil shale mining lease application).\n- (a) before the making of the mining lease application, a petroleum lease application was made for the land; and\n- (b) the petroleum lease application complies with the Petroleum and Gas (Production and Safety) Act ; and\n- (c) the petroleum lease application has not been decided;\n- (a) the mining lease application was made in response to an invitation in a notice given under the Petroleum and Gas (Production and Safety) Act , section 323 and the application was made within 6 months after the giving of the notice; or\n- (b) the petroleum lease applicant has given written consent to the mining lease application.","sortOrder":535},{"sectionNumber":"sec.318AZ","sectionType":"section","heading":"Proposed petroleum lease for which EIS approval given","content":"### sec.318AZ Proposed petroleum lease for which EIS approval given\n\nThis section applies if—\nbefore the making of the mining lease application, an approval under the Environmental Protection Act , chapter 3 , part 2 , was granted for the voluntary preparation of an EIS for a project that is, or includes, a proposed petroleum lease for the land; and\nthe proponent for the EIS—\nis, or includes, the authority to prospect holder; or\nis someone else who has the authority holder’s consent.\nA mining lease notice can not be issued for the mining lease application until an application for the proposed petroleum lease is decided.\nHowever, subsection (2) ceases to apply if—\nthe proponent of the EIS does not make a petroleum lease application for the land within 1 year after the granting of the approval; or\na petroleum lease application for the land is made within the period mentioned in paragraph (a) and—\nit does not comply with the Petroleum and Gas (Production and Safety) Act ; or\nit is decided; or\nthe proponent for the EIS has given written consent to the mining lease application.\ns 318AZ ins 2004 No. 25 s 1020\namd 2014 No. 47 s 457B (amd 2016 No. 30 s 98 )\n(sec.318AZ-ssec.1) This section applies if— before the making of the mining lease application, an approval under the Environmental Protection Act , chapter 3 , part 2 , was granted for the voluntary preparation of an EIS for a project that is, or includes, a proposed petroleum lease for the land; and the proponent for the EIS— is, or includes, the authority to prospect holder; or is someone else who has the authority holder’s consent.\n(sec.318AZ-ssec.2) A mining lease notice can not be issued for the mining lease application until an application for the proposed petroleum lease is decided.\n(sec.318AZ-ssec.3) However, subsection (2) ceases to apply if— the proponent of the EIS does not make a petroleum lease application for the land within 1 year after the granting of the approval; or a petroleum lease application for the land is made within the period mentioned in paragraph (a) and— it does not comply with the Petroleum and Gas (Production and Safety) Act ; or it is decided; or the proponent for the EIS has given written consent to the mining lease application.\n- (a) before the making of the mining lease application, an approval under the Environmental Protection Act , chapter 3 , part 2 , was granted for the voluntary preparation of an EIS for a project that is, or includes, a proposed petroleum lease for the land; and\n- (b) the proponent for the EIS— (i) is, or includes, the authority to prospect holder; or (ii) is someone else who has the authority holder’s consent.\n- (i) is, or includes, the authority to prospect holder; or\n- (ii) is someone else who has the authority holder’s consent.\n- (i) is, or includes, the authority to prospect holder; or\n- (ii) is someone else who has the authority holder’s consent.\n- (a) the proponent of the EIS does not make a petroleum lease application for the land within 1 year after the granting of the approval; or\n- (b) a petroleum lease application for the land is made within the period mentioned in paragraph (a) and— (i) it does not comply with the Petroleum and Gas (Production and Safety) Act ; or (ii) it is decided; or\n- (i) it does not comply with the Petroleum and Gas (Production and Safety) Act ; or\n- (ii) it is decided; or\n- (c) the proponent for the EIS has given written consent to the mining lease application.\n- (i) it does not comply with the Petroleum and Gas (Production and Safety) Act ; or\n- (ii) it is decided; or","sortOrder":536},{"sectionNumber":"sec.318B","sectionType":"section","heading":"Proposed petroleum lease declared a coordinated project","content":"### sec.318B Proposed petroleum lease declared a coordinated project\n\nThis section applies if—\nbefore the making of the mining lease application, a project is declared a coordinated project under the State Development and Public Works Organisation Act 1971 that is, or includes, a proposed petroleum lease for the land; and\nSee the State Development and Public Works Organisation Act 1971 , section 26 (Declaration of coordinated project).\nthe proponent for the coordinated project—\nis, or includes, the authority to prospect holder; or\nis someone else who has the authority holder’s consent.\nA mining lease notice can not be issued for the mining lease application until the application for the proposed petroleum lease is decided.\nHowever, subsection (2) ceases to apply if—\nthe proponent of the coordinated project does not make a petroleum lease application for the land within 1 year after the making of the declaration; or\na petroleum lease application for the land is made within the period mentioned in paragraph (a) and—\nit does not comply with the Petroleum and Gas (Production and Safety) Act ; or\nit is decided; or\nthe proponent of the coordinated project has given written consent to the mining lease application.\ns 318B ins 2004 No. 25 s 1020\namd 2012 No. 20 s 125 sch 1 ; 2012 No. 43 s 325 sch 2 ; 2014 No. 47 s 457C (amd 2016 No. 30 s 98 )\n(sec.318B-ssec.1) This section applies if— before the making of the mining lease application, a project is declared a coordinated project under the State Development and Public Works Organisation Act 1971 that is, or includes, a proposed petroleum lease for the land; and See the State Development and Public Works Organisation Act 1971 , section 26 (Declaration of coordinated project). the proponent for the coordinated project— is, or includes, the authority to prospect holder; or is someone else who has the authority holder’s consent.\n(sec.318B-ssec.2) A mining lease notice can not be issued for the mining lease application until the application for the proposed petroleum lease is decided.\n(sec.318B-ssec.3) However, subsection (2) ceases to apply if— the proponent of the coordinated project does not make a petroleum lease application for the land within 1 year after the making of the declaration; or a petroleum lease application for the land is made within the period mentioned in paragraph (a) and— it does not comply with the Petroleum and Gas (Production and Safety) Act ; or it is decided; or the proponent of the coordinated project has given written consent to the mining lease application.\n- (a) before the making of the mining lease application, a project is declared a coordinated project under the State Development and Public Works Organisation Act 1971 that is, or includes, a proposed petroleum lease for the land; and Note— See the State Development and Public Works Organisation Act 1971 , section 26 (Declaration of coordinated project).\n- (b) the proponent for the coordinated project— (i) is, or includes, the authority to prospect holder; or (ii) is someone else who has the authority holder’s consent.\n- (i) is, or includes, the authority to prospect holder; or\n- (ii) is someone else who has the authority holder’s consent.\n- (i) is, or includes, the authority to prospect holder; or\n- (ii) is someone else who has the authority holder’s consent.\n- (a) the proponent of the coordinated project does not make a petroleum lease application for the land within 1 year after the making of the declaration; or\n- (b) a petroleum lease application for the land is made within the period mentioned in paragraph (a) and— (i) it does not comply with the Petroleum and Gas (Production and Safety) Act ; or (ii) it is decided; or\n- (i) it does not comply with the Petroleum and Gas (Production and Safety) Act ; or\n- (ii) it is decided; or\n- (c) the proponent of the coordinated project has given written consent to the mining lease application.\n- (i) it does not comply with the Petroleum and Gas (Production and Safety) Act ; or\n- (ii) it is decided; or","sortOrder":537},{"sectionNumber":"ch.8-pt.2-div.6","sectionType":"division","heading":"Ministerial decision about whether to give any preference to petroleum development","content":"## Ministerial decision about whether to give any preference to petroleum development","sortOrder":538},{"sectionNumber":"sec.318BA","sectionType":"section","heading":"When preference decision is required","content":"### sec.318BA When preference decision is required\n\nThis division applies for the application only if the Minister is satisfied of each of the following—\nthere is a resource or reserve (the deposit ) of petroleum in the land;\nthe deposit has been identified under the relevant codes;\nthere is the level of knowledge about the deposit, as prescribed under a regulation;\nthe location, quantity, quality, geological characteristics and continuity of the deposit are known, or have been estimated or interpreted, from specific geological evidence and knowledge;\nthere are reasonable prospects for the eventual economic production of the deposit.\nHowever, this division does not apply if—\nthe authority to prospect holder has not complied with section 318AW (a) ; or\nthe authority to prospect holder has, under section 318AX , lodged a submission stating that the holder does not wish any petroleum development preference for the land; or\nthe authority to prospect holder has not lodged any submission under section 318AX within the submission period.\nIf the Minister decides that the Minister is not satisfied as mentioned in subsection (1) , the authority holder must be given notice of the decision.\nIn this section—\nrelevant codes means any of the following—\nthe following documents published by the Society of Petroleum Engineers ( SPE ), as amended and published from time to time—\nthe document called ‘Petroleum Resources Classification System and Definitions’;\nthe documents called ‘Petroleum Reserves Definitions’ and ‘Standards Pertaining to the Estimating and Auditing of Oil and Gas Reserve Information’;\nanother document (however called) published by SPE that amends or replaces the documents mentioned in paragraph (a) ;\nif a document mentioned in paragraph (a) or (b) stops being published—another similar document prescribed under a regulation.\nIf the Minister is not satisfied as mentioned in subsection (1) , the application can be decided under chapter 6 , part 1 .\nIf this subdivision does not apply because of subsection (2) , the application can be decided under chapter 6 , part 1 and division 8 .\ns 318BA ins 2004 No. 25 s 1020 (amd 2004 No. 26 s 260 (5) )\namd 2012 No. 20 s 125 sch 1 , s 323 sch 3\n(sec.318BA-ssec.1) This division applies for the application only if the Minister is satisfied of each of the following— there is a resource or reserve (the deposit ) of petroleum in the land; the deposit has been identified under the relevant codes; there is the level of knowledge about the deposit, as prescribed under a regulation; the location, quantity, quality, geological characteristics and continuity of the deposit are known, or have been estimated or interpreted, from specific geological evidence and knowledge; there are reasonable prospects for the eventual economic production of the deposit.\n(sec.318BA-ssec.2) However, this division does not apply if— the authority to prospect holder has not complied with section 318AW (a) ; or the authority to prospect holder has, under section 318AX , lodged a submission stating that the holder does not wish any petroleum development preference for the land; or the authority to prospect holder has not lodged any submission under section 318AX within the submission period.\n(sec.318BA-ssec.3) If the Minister decides that the Minister is not satisfied as mentioned in subsection (1) , the authority holder must be given notice of the decision.\n(sec.318BA-ssec.4) In this section— relevant codes means any of the following— the following documents published by the Society of Petroleum Engineers ( SPE ), as amended and published from time to time— the document called ‘Petroleum Resources Classification System and Definitions’; the documents called ‘Petroleum Reserves Definitions’ and ‘Standards Pertaining to the Estimating and Auditing of Oil and Gas Reserve Information’; another document (however called) published by SPE that amends or replaces the documents mentioned in paragraph (a) ; if a document mentioned in paragraph (a) or (b) stops being published—another similar document prescribed under a regulation. If the Minister is not satisfied as mentioned in subsection (1) , the application can be decided under chapter 6 , part 1 . If this subdivision does not apply because of subsection (2) , the application can be decided under chapter 6 , part 1 and division 8 .\n- (a) there is a resource or reserve (the deposit ) of petroleum in the land;\n- (b) the deposit has been identified under the relevant codes;\n- (c) there is the level of knowledge about the deposit, as prescribed under a regulation;\n- (d) the location, quantity, quality, geological characteristics and continuity of the deposit are known, or have been estimated or interpreted, from specific geological evidence and knowledge;\n- (e) there are reasonable prospects for the eventual economic production of the deposit.\n- (a) the authority to prospect holder has not complied with section 318AW (a) ; or\n- (b) the authority to prospect holder has, under section 318AX , lodged a submission stating that the holder does not wish any petroleum development preference for the land; or\n- (c) the authority to prospect holder has not lodged any submission under section 318AX within the submission period.\n- (a) the following documents published by the Society of Petroleum Engineers ( SPE ), as amended and published from time to time— (i) the document called ‘Petroleum Resources Classification System and Definitions’; (ii) the documents called ‘Petroleum Reserves Definitions’ and ‘Standards Pertaining to the Estimating and Auditing of Oil and Gas Reserve Information’;\n- (i) the document called ‘Petroleum Resources Classification System and Definitions’;\n- (ii) the documents called ‘Petroleum Reserves Definitions’ and ‘Standards Pertaining to the Estimating and Auditing of Oil and Gas Reserve Information’;\n- (b) another document (however called) published by SPE that amends or replaces the documents mentioned in paragraph (a) ;\n- (c) if a document mentioned in paragraph (a) or (b) stops being published—another similar document prescribed under a regulation.\n- (i) the document called ‘Petroleum Resources Classification System and Definitions’;\n- (ii) the documents called ‘Petroleum Reserves Definitions’ and ‘Standards Pertaining to the Estimating and Auditing of Oil and Gas Reserve Information’;\n- 1 If the Minister is not satisfied as mentioned in subsection (1) , the application can be decided under chapter 6 , part 1 .\n- 2 If this subdivision does not apply because of subsection (2) , the application can be decided under chapter 6 , part 1 and division 8 .","sortOrder":539},{"sectionNumber":"sec.318BB","sectionType":"section","heading":"Decision about whether to give any preference to petroleum development","content":"### sec.318BB Decision about whether to give any preference to petroleum development\n\nSubject to section 318BC , the Minister must decide whether to—\ngrant the mining lease under section 271A ; or\ngive any petroleum development preference for the land, in whole or part.\nThe decision under subsection (1) is the preference decision .\nIn making the preference decision the CSG assessment criteria must be considered.\nIf, under the Petroleum and Gas (Production and Safety) Act , chapter 3 , part 2 , division 1 , subdivision 6 , coal or oil shale development preference has been given for the land, the preference decision is taken to be not to give any petroleum development preference for any of the land.\ns 318BB ins 2004 No. 25 s 1020\namd 2012 No. 20 s 281 sch 2\n(sec.318BB-ssec.1) Subject to section 318BC , the Minister must decide whether to— grant the mining lease under section 271A ; or give any petroleum development preference for the land, in whole or part.\n(sec.318BB-ssec.2) The decision under subsection (1) is the preference decision .\n(sec.318BB-ssec.3) In making the preference decision the CSG assessment criteria must be considered.\n(sec.318BB-ssec.4) If, under the Petroleum and Gas (Production and Safety) Act , chapter 3 , part 2 , division 1 , subdivision 6 , coal or oil shale development preference has been given for the land, the preference decision is taken to be not to give any petroleum development preference for any of the land.\n- (a) grant the mining lease under section 271A ; or\n- (b) give any petroleum development preference for the land, in whole or part.","sortOrder":540},{"sectionNumber":"sec.318BC","sectionType":"section","heading":"Reference to Land Court before making preference decision","content":"### sec.318BC Reference to Land Court before making preference decision\n\nBefore making the preference decision—\nthe chief executive must refer the application to the Land Court for it to make recommendations to the Minister about what the preference decision should be; and\nthe Minister must consider the recommendations.\nThe referral must be made by filing a notice in the approved form with the registrar of the Land Court.\nThe referral starts a proceeding before the Land Court for it to make the recommendations.\nThe parties to the proceeding are the applicant and the authority to prospect holder.\nIn making the recommendations—\nthe CSG assessment criteria must be considered; and\nsection 318BD applies as if a reference in the section—\nto the Minister were a reference to the Land Court; and\nto petroleum development preference were a reference to recommending petroleum development preference.\nThe recommendations may also include recommendations about the conditions and term of the mining lease.\ns 318BC ins 2004 No. 25 s 1020\namd 2007 No. 39 s 41 sch\n(sec.318BC-ssec.1) Before making the preference decision— the chief executive must refer the application to the Land Court for it to make recommendations to the Minister about what the preference decision should be; and the Minister must consider the recommendations.\n(sec.318BC-ssec.2) The referral must be made by filing a notice in the approved form with the registrar of the Land Court.\n(sec.318BC-ssec.3) The referral starts a proceeding before the Land Court for it to make the recommendations.\n(sec.318BC-ssec.4) The parties to the proceeding are the applicant and the authority to prospect holder.\n(sec.318BC-ssec.5) In making the recommendations— the CSG assessment criteria must be considered; and section 318BD applies as if a reference in the section— to the Minister were a reference to the Land Court; and to petroleum development preference were a reference to recommending petroleum development preference.\n(sec.318BC-ssec.6) The recommendations may also include recommendations about the conditions and term of the mining lease.\n- (a) the chief executive must refer the application to the Land Court for it to make recommendations to the Minister about what the preference decision should be; and\n- (b) the Minister must consider the recommendations.\n- (a) the CSG assessment criteria must be considered; and\n- (b) section 318BD applies as if a reference in the section— (i) to the Minister were a reference to the Land Court; and (ii) to petroleum development preference were a reference to recommending petroleum development preference.\n- (i) to the Minister were a reference to the Land Court; and\n- (ii) to petroleum development preference were a reference to recommending petroleum development preference.\n- (i) to the Minister were a reference to the Land Court; and\n- (ii) to petroleum development preference were a reference to recommending petroleum development preference.","sortOrder":541},{"sectionNumber":"sec.318BD","sectionType":"section","heading":"Restrictions on giving preference","content":"### sec.318BD Restrictions on giving preference\n\nPetroleum development preference, in whole or part, must not be given unless this section has been complied with.\nPetroleum development preference may be given only if the Minister is satisfied of each of the following—\non the basis of the submissions and the results of consultation lodged under sections 318AT and 318AX , it is either not commercially or technically feasible or it is unlikely that the applicant and the authority holder are able to make a future coordination arrangement about—\ncoal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and\npetroleum production under any future petroleum lease for the land;\nthat, having regard to the public interest, the public interest in the following would be best served by not granting a mining lease to the mining lease applicant first—\ncoal or oil shale mining and any incidental coal seam gas mining;\npetroleum production;\nif the petroleum is a brownfield petroleum resource—\nit is critical to the continuance of existing petroleum production or processing or the efficient use of infrastructure related to the production or processing; and\nthe applicant’s proposed development plan is incompatible with the future development of the resource;\nif the petroleum is a greenfield petroleum resource—\nit is commercially viable; and\npetroleum production will, if a petroleum lease is granted to the authority to prospect holder, start within 2 years after the grant of the lease.\nIn this section—\nbrownfield petroleum resource means petroleum associated with, or adjacent to, existing petroleum production or a processing operation under the Petroleum and Gas (Production and Safety) Act .\ngreenfield petroleum resource means petroleum not associated with, or adjacent to, existing petroleum production or a processing operation under the Petroleum and Gas (Production and Safety) Act .\ns 318BD ins 2004 No. 25 s 1020 (amd 2004 No. 26 s 260 (6) )\n(sec.318BD-ssec.1) Petroleum development preference, in whole or part, must not be given unless this section has been complied with.\n(sec.318BD-ssec.2) Petroleum development preference may be given only if the Minister is satisfied of each of the following— on the basis of the submissions and the results of consultation lodged under sections 318AT and 318AX , it is either not commercially or technically feasible or it is unlikely that the applicant and the authority holder are able to make a future coordination arrangement about— coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and petroleum production under any future petroleum lease for the land; that, having regard to the public interest, the public interest in the following would be best served by not granting a mining lease to the mining lease applicant first— coal or oil shale mining and any incidental coal seam gas mining; petroleum production; if the petroleum is a brownfield petroleum resource— it is critical to the continuance of existing petroleum production or processing or the efficient use of infrastructure related to the production or processing; and the applicant’s proposed development plan is incompatible with the future development of the resource; if the petroleum is a greenfield petroleum resource— it is commercially viable; and petroleum production will, if a petroleum lease is granted to the authority to prospect holder, start within 2 years after the grant of the lease.\n(sec.318BD-ssec.3) In this section— brownfield petroleum resource means petroleum associated with, or adjacent to, existing petroleum production or a processing operation under the Petroleum and Gas (Production and Safety) Act . greenfield petroleum resource means petroleum not associated with, or adjacent to, existing petroleum production or a processing operation under the Petroleum and Gas (Production and Safety) Act .\n- (a) on the basis of the submissions and the results of consultation lodged under sections 318AT and 318AX , it is either not commercially or technically feasible or it is unlikely that the applicant and the authority holder are able to make a future coordination arrangement about— (i) coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and (ii) petroleum production under any future petroleum lease for the land;\n- (i) coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and\n- (ii) petroleum production under any future petroleum lease for the land;\n- (b) that, having regard to the public interest, the public interest in the following would be best served by not granting a mining lease to the mining lease applicant first— (i) coal or oil shale mining and any incidental coal seam gas mining; (ii) petroleum production;\n- (i) coal or oil shale mining and any incidental coal seam gas mining;\n- (ii) petroleum production;\n- (c) if the petroleum is a brownfield petroleum resource— (i) it is critical to the continuance of existing petroleum production or processing or the efficient use of infrastructure related to the production or processing; and (ii) the applicant’s proposed development plan is incompatible with the future development of the resource;\n- (i) it is critical to the continuance of existing petroleum production or processing or the efficient use of infrastructure related to the production or processing; and\n- (ii) the applicant’s proposed development plan is incompatible with the future development of the resource;\n- (d) if the petroleum is a greenfield petroleum resource— (i) it is commercially viable; and (ii) petroleum production will, if a petroleum lease is granted to the authority to prospect holder, start within 2 years after the grant of the lease.\n- (i) it is commercially viable; and\n- (ii) petroleum production will, if a petroleum lease is granted to the authority to prospect holder, start within 2 years after the grant of the lease.\n- (i) coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and\n- (ii) petroleum production under any future petroleum lease for the land;\n- (i) coal or oil shale mining and any incidental coal seam gas mining;\n- (ii) petroleum production;\n- (i) it is critical to the continuance of existing petroleum production or processing or the efficient use of infrastructure related to the production or processing; and\n- (ii) the applicant’s proposed development plan is incompatible with the future development of the resource;\n- (i) it is commercially viable; and\n- (ii) petroleum production will, if a petroleum lease is granted to the authority to prospect holder, start within 2 years after the grant of the lease.","sortOrder":542},{"sectionNumber":"ch.8-pt.2-div.7","sectionType":"division","heading":"Process if preference decision is to give any preference to petroleum development","content":"## Process if preference decision is to give any preference to petroleum development","sortOrder":543},{"sectionNumber":"sec.318BF","sectionType":"section","heading":"Application of div 7","content":"### sec.318BF Application of div 7\n\nThis division applies only if, under section 318BA , a preference decision is required and that decision was to give petroleum development preference for the whole or part of the land.\ns 318BF ins 2004 No. 25 s 1020\namd 2012 No. 20 s 323 sch 3","sortOrder":544},{"sectionNumber":"sec.318BG","sectionType":"section","heading":"Notice to applicant and authority to prospect holder","content":"### sec.318BG Notice to applicant and authority to prospect holder\n\nThe mining lease applicant and the authority to prospect holder must be given written notice of the preference decision.\nThe notice must invite the authority to prospect holder to, within 6 months after the giving of the notice (the petroleum lease application period ), apply for a petroleum lease for—\nif the preference is for all of the land—all of the land; or\nif the preference is for part of the land—that part.\ns 318BG ins 2004 No. 25 s 1020\n(sec.318BG-ssec.1) The mining lease applicant and the authority to prospect holder must be given written notice of the preference decision.\n(sec.318BG-ssec.2) The notice must invite the authority to prospect holder to, within 6 months after the giving of the notice (the petroleum lease application period ), apply for a petroleum lease for— if the preference is for all of the land—all of the land; or if the preference is for part of the land—that part.\n- (a) if the preference is for all of the land—all of the land; or\n- (b) if the preference is for part of the land—that part.","sortOrder":545},{"sectionNumber":"sec.318BH","sectionType":"section","heading":"Petroleum lease application for all of the land","content":"### sec.318BH Petroleum lease application for all of the land\n\nThis section applies if the preference is for all of the land and, within the petroleum lease application period, the authority to prospect holder applies for a lease for all of the land.\nA further step can not be taken to decide the mining lease application until after the petroleum lease application has been decided.\nSee, however, Petroleum and Gas (Production and Safety) Act , chapter 3 , part 2 , division 3 (Petroleum lease applications in response to Mineral Resources Act preference decision).\nIf the decision on the petroleum lease application is to grant a petroleum lease for all of the land, the mining lease application is taken to have lapsed, unless the petroleum lease applicant has consented in writing to the application.\ns 318BH ins 2004 No. 25 s 1020\namd 2012 No. 20 s 125 sch 1\n(sec.318BH-ssec.1) This section applies if the preference is for all of the land and, within the petroleum lease application period, the authority to prospect holder applies for a lease for all of the land.\n(sec.318BH-ssec.2) A further step can not be taken to decide the mining lease application until after the petroleum lease application has been decided. See, however, Petroleum and Gas (Production and Safety) Act , chapter 3 , part 2 , division 3 (Petroleum lease applications in response to Mineral Resources Act preference decision).\n(sec.318BH-ssec.3) If the decision on the petroleum lease application is to grant a petroleum lease for all of the land, the mining lease application is taken to have lapsed, unless the petroleum lease applicant has consented in writing to the application.","sortOrder":546},{"sectionNumber":"sec.318BI","sectionType":"section","heading":"Petroleum lease application for part of the land","content":"### sec.318BI Petroleum lease application for part of the land\n\nThis section applies if the authority to prospect holder applies for a petroleum lease for part of the land within the petroleum lease application period.\nThe mining lease applicant may, by notice lodged with the chief executive, amend the mining lease application so that a mining lease is only sought for all or part of the rest of the land.\nUnless the amendment is made, a further step can not be taken to decide the mining lease application until after the petroleum lease application has been decided.\nSee, however, the Petroleum and Gas (Production and Safety) Act , chapter 3 , part 2 , division 3 (Petroleum lease applications in response to Mineral Resources Act preference decision).\nIf—\nthe amendment has not been made; and\nthe decision on the petroleum lease application is to grant a petroleum lease for part of the land;\nthe mining lease applicant may amend the mining lease application so that a mining lease is only sought for all or part of the rest of the land.\nSee, however, section 318CB .\ns 318BI ins 2004 No. 25 s 1020\namd 2012 No. 20 s 125 sch 1 ; 2013 No. 10 s 193 sch 1\n(sec.318BI-ssec.1) This section applies if the authority to prospect holder applies for a petroleum lease for part of the land within the petroleum lease application period.\n(sec.318BI-ssec.2) The mining lease applicant may, by notice lodged with the chief executive, amend the mining lease application so that a mining lease is only sought for all or part of the rest of the land.\n(sec.318BI-ssec.3) Unless the amendment is made, a further step can not be taken to decide the mining lease application until after the petroleum lease application has been decided. See, however, the Petroleum and Gas (Production and Safety) Act , chapter 3 , part 2 , division 3 (Petroleum lease applications in response to Mineral Resources Act preference decision).\n(sec.318BI-ssec.4) If— the amendment has not been made; and the decision on the petroleum lease application is to grant a petroleum lease for part of the land; the mining lease applicant may amend the mining lease application so that a mining lease is only sought for all or part of the rest of the land. See, however, section 318CB .\n- (a) the amendment has not been made; and\n- (b) the decision on the petroleum lease application is to grant a petroleum lease for part of the land;","sortOrder":547},{"sectionNumber":"sec.318BJ","sectionType":"section","heading":"No petroleum lease application","content":"### sec.318BJ No petroleum lease application\n\nIf the authority to prospect holder does not apply for a petroleum lease for any of the land within the petroleum lease application period, the mining lease application may be decided.\ns 318BJ ins 2004 No. 25 s 1020","sortOrder":548},{"sectionNumber":"ch.8-pt.2-div.8","sectionType":"division","heading":"Deciding mining lease","content":"## Deciding mining lease","sortOrder":549},{"sectionNumber":"sec.318BK","sectionType":"section","heading":"Application of div 8","content":"### sec.318BK Application of div 8\n\nThis division applies if—\nthe authority to prospect holder has not complied with section 318AW (a) ; or\nthe authority to prospect holder has, under section 318AX , lodged a submission stating that the holder does not wish any petroleum development preference for the land; or\nthe authority to prospect holder has not lodged any submission under section 318AX within the submission period; or\nunder section 318BA , a preference decision is required and—\nthe preference decision was not to give petroleum development preference for any of the land; or\nthe preference decision was to give petroleum development preference for the whole or part of the land and, after division 7 is complied with, the Minister decides, under section 271A , to grant a coal mining lease or an oil shale mining lease for the land.\ns 318BK ins 2004 No. 25 s 1020\namd 2008 No. 33 s 98 ; 2012 No. 20 s 281 sch 2 , s 323 sch 3\n- (a) the authority to prospect holder has not complied with section 318AW (a) ; or\n- (b) the authority to prospect holder has, under section 318AX , lodged a submission stating that the holder does not wish any petroleum development preference for the land; or\n- (c) the authority to prospect holder has not lodged any submission under section 318AX within the submission period; or\n- (d) under section 318BA , a preference decision is required and— (i) the preference decision was not to give petroleum development preference for any of the land; or (ii) the preference decision was to give petroleum development preference for the whole or part of the land and, after division 7 is complied with, the Minister decides, under section 271A , to grant a coal mining lease or an oil shale mining lease for the land.\n- (i) the preference decision was not to give petroleum development preference for any of the land; or\n- (ii) the preference decision was to give petroleum development preference for the whole or part of the land and, after division 7 is complied with, the Minister decides, under section 271A , to grant a coal mining lease or an oil shale mining lease for the land.\n- (i) the preference decision was not to give petroleum development preference for any of the land; or\n- (ii) the preference decision was to give petroleum development preference for the whole or part of the land and, after division 7 is complied with, the Minister decides, under section 271A , to grant a coal mining lease or an oil shale mining lease for the land.","sortOrder":550},{"sectionNumber":"sec.318BL","sectionType":"section","heading":"Additional criteria for deciding conditions or term","content":"### sec.318BL Additional criteria for deciding conditions or term\n\nIn making a decision as follows, regard must be had to the prescribed criteria—\ndeciding conditions of the mining lease under section 276 (1) (o) ;\ndeciding the term of the lease under section 284 .\nThis section does not limit the power under section 276 (1) (o) to determine conditions of the mining lease.\nIn this section—\nprescribed criteria means each of the following—\nthe CSG assessment criteria;\nthe effect of the mining lease on safe and efficient petroleum production under any adjacent lease;\nthe effect on safe and efficient petroleum production under any future petroleum lease that arises from the authority to prospect.\ns 318BL ins 2004 No. 25 s 1020 (amd 2004 No. 26 s 260 (8) – (9) )\namd 2012 No. 20 s 281 sch 2 ; 2018 No. 24 s 132 ; 2024 No. 33 s 183 s ch 1 pt 2\n(sec.318BL-ssec.1) In making a decision as follows, regard must be had to the prescribed criteria— deciding conditions of the mining lease under section 276 (1) (o) ; deciding the term of the lease under section 284 .\n(sec.318BL-ssec.2) This section does not limit the power under section 276 (1) (o) to determine conditions of the mining lease.\n(sec.318BL-ssec.3) In this section— prescribed criteria means each of the following— the CSG assessment criteria; the effect of the mining lease on safe and efficient petroleum production under any adjacent lease; the effect on safe and efficient petroleum production under any future petroleum lease that arises from the authority to prospect.\n- (a) deciding conditions of the mining lease under section 276 (1) (o) ;\n- (b) deciding the term of the lease under section 284 .\n- (a) the CSG assessment criteria;\n- (b) the effect of the mining lease on safe and efficient petroleum production under any adjacent lease;\n- (c) the effect on safe and efficient petroleum production under any future petroleum lease that arises from the authority to prospect.","sortOrder":551},{"sectionNumber":"sec.318BM","sectionType":"section","heading":"Power to determine relinquishment condition","content":"### sec.318BM Power to determine relinquishment condition\n\nA condition of the mining lease determined under section 276 (1) (o) may be that its holder is required, by a lodged notice, to relinquish a stated part or percentage of its area at stated times or intervals.\nSee, however, section 318CZ .\nA condition determined under subsection (1) is called a relinquishment condition .\nA relinquishment under a relinquishment condition takes effect on the day after the notice is lodged.\nThis section does not limit the power under section 276 (1) (o) to determine conditions of the mining lease.\ns 318BM ins 2004 No. 25 s 1020\namd 2012 No. 20 s 125 sch 1 , s 281 sch 2 ; 2018 No. 24 s 133 ; 2024 No. 33 s 183 s ch 1 pt 2\n(sec.318BM-ssec.1) A condition of the mining lease determined under section 276 (1) (o) may be that its holder is required, by a lodged notice, to relinquish a stated part or percentage of its area at stated times or intervals. See, however, section 318CZ .\n(sec.318BM-ssec.2) A condition determined under subsection (1) is called a relinquishment condition .\n(sec.318BM-ssec.3) A relinquishment under a relinquishment condition takes effect on the day after the notice is lodged.\n(sec.318BM-ssec.4) This section does not limit the power under section 276 (1) (o) to determine conditions of the mining lease.","sortOrder":552},{"sectionNumber":"sec.318BN","sectionType":"section","heading":"Publication of outcome of application","content":"### sec.318BN Publication of outcome of application\n\nAfter the Minister decides whether to grant the mining lease, the chief executive must publish a notice about the outcome of the application in the gazette or another publication the Minister considers appropriate.\nThe notice must state—\nwhether the Minister decided to grant, or not to grant, the mining lease; and\nif the decision was to grant—the conditions decided by the Minister; and\nif, under section 318BA , a preference decision is required and the preference decision was to give petroleum development preference for the whole or part of the land—the decision, and the reasons for it.\nHowever, if the chief executive considers that information in any condition is commercial-in-confidence, the chief executive may, instead of publishing the condition, publish a statement about the intent of the condition.\ns 318BN ins 2004 No. 25 s 1020\namd 2012 No. 20 s 218\n(sec.318BN-ssec.1) After the Minister decides whether to grant the mining lease, the chief executive must publish a notice about the outcome of the application in the gazette or another publication the Minister considers appropriate.\n(sec.318BN-ssec.2) The notice must state— whether the Minister decided to grant, or not to grant, the mining lease; and if the decision was to grant—the conditions decided by the Minister; and if, under section 318BA , a preference decision is required and the preference decision was to give petroleum development preference for the whole or part of the land—the decision, and the reasons for it.\n(sec.318BN-ssec.3) However, if the chief executive considers that information in any condition is commercial-in-confidence, the chief executive may, instead of publishing the condition, publish a statement about the intent of the condition.\n- (a) whether the Minister decided to grant, or not to grant, the mining lease; and\n- (b) if the decision was to grant—the conditions decided by the Minister; and\n- (c) if, under section 318BA , a preference decision is required and the preference decision was to give petroleum development preference for the whole or part of the land—the decision, and the reasons for it.","sortOrder":553},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Obtaining coal or oil shale mining lease over land in area of authority to prospect (by or jointly with, or with the consent of, authority to prospect holder)","content":"# Obtaining coal or oil shale mining lease over land in area of authority to prospect (by or jointly with, or with the consent of, authority to prospect holder)","sortOrder":554},{"sectionNumber":"sec.318BO","sectionType":"section","heading":"Application of pt 3","content":"### sec.318BO Application of pt 3\n\nThis part applies if—\nland is in the area of an authority to prospect; and\na person as follows wishes to apply for a coal mining lease or an oil shale mining lease for all or part of the land—\nthe holder of a coal or oil shale exploration tenement or prospecting permit;\na person who wishes to make the application jointly with the exploration tenement or prospecting permit holder; and\neither—\nthe applicant is the authority holder; or\nthe authority holder has given written consent to the making of the application.\nHowever, this part does not apply if the land is also in the area of a petroleum lease and the same person holds the authority to prospect and the petroleum lease.\nFor the circumstances mentioned in subsection (2) , see part 6 .\ns 318BO ins 2004 No. 25 s 1020\namd 2011 No. 20 s 159 ; 2012 No. 20 s 323 sch 3\n(sec.318BO-ssec.1) This part applies if— land is in the area of an authority to prospect; and a person as follows wishes to apply for a coal mining lease or an oil shale mining lease for all or part of the land— the holder of a coal or oil shale exploration tenement or prospecting permit; a person who wishes to make the application jointly with the exploration tenement or prospecting permit holder; and either— the applicant is the authority holder; or the authority holder has given written consent to the making of the application.\n(sec.318BO-ssec.2) However, this part does not apply if the land is also in the area of a petroleum lease and the same person holds the authority to prospect and the petroleum lease. For the circumstances mentioned in subsection (2) , see part 6 .\n- (a) land is in the area of an authority to prospect; and\n- (b) a person as follows wishes to apply for a coal mining lease or an oil shale mining lease for all or part of the land— (i) the holder of a coal or oil shale exploration tenement or prospecting permit; (ii) a person who wishes to make the application jointly with the exploration tenement or prospecting permit holder; and\n- (i) the holder of a coal or oil shale exploration tenement or prospecting permit;\n- (ii) a person who wishes to make the application jointly with the exploration tenement or prospecting permit holder; and\n- (c) either— (i) the applicant is the authority holder; or (ii) the authority holder has given written consent to the making of the application.\n- (i) the applicant is the authority holder; or\n- (ii) the authority holder has given written consent to the making of the application.\n- (i) the holder of a coal or oil shale exploration tenement or prospecting permit;\n- (ii) a person who wishes to make the application jointly with the exploration tenement or prospecting permit holder; and\n- (i) the applicant is the authority holder; or\n- (ii) the authority holder has given written consent to the making of the application.","sortOrder":555},{"sectionNumber":"sec.318BP","sectionType":"section","heading":"Additional requirements for making application","content":"### sec.318BP Additional requirements for making application\n\nThe application must include—\na CSG statement; and\na proposed development plan that complies with the initial development plan requirements; and\nSee part 9 , division 2 .\nother information that addresses the CSG assessment criteria.\ns 318BP ins 2004 No. 25 s 1020\n- (a) a CSG statement; and\n- (b) a proposed development plan that complies with the initial development plan requirements; and Note— See part 9 , division 2 .\n- (c) other information that addresses the CSG assessment criteria.","sortOrder":556},{"sectionNumber":"sec.318BQ","sectionType":"section","heading":"Applications relating to petroleum lease and authority to prospect not held by same person","content":"### sec.318BQ Applications relating to petroleum lease and authority to prospect not held by same person\n\nThis section applies if—\na person to whom this part applies wishes to make an application to which this part applies for land in the area of each of the following—\nthe authority to prospect (the authority to prospect part );\na petroleum lease (the petroleum lease part ); and\nthe authority to prospect and the petroleum lease are not held by the same person.\nIf the authority to prospect and the petroleum lease are held by the same person, see part 5 .\nThe person may lodge separate mining lease applications for the authority to prospect part and the petroleum lease part.\nA separate application for the authority to prospect part, or the part of an application that relates to the authority to prospect part, must be decided under this part.\nA separate application for the petroleum lease part, or the part of an application that relates to the petroleum lease part, must be decided under part 5 or 6 .\ns 318BQ ins 2004 No. 25 s 1020\namd 2007 No. 46 s 76 ; 2011 No. 20 s 160 ; 2012 No. 20 s 323 sch 3\n(sec.318BQ-ssec.1) This section applies if— a person to whom this part applies wishes to make an application to which this part applies for land in the area of each of the following— the authority to prospect (the authority to prospect part ); a petroleum lease (the petroleum lease part ); and the authority to prospect and the petroleum lease are not held by the same person. If the authority to prospect and the petroleum lease are held by the same person, see part 5 .\n(sec.318BQ-ssec.2) The person may lodge separate mining lease applications for the authority to prospect part and the petroleum lease part.\n(sec.318BQ-ssec.3) A separate application for the authority to prospect part, or the part of an application that relates to the authority to prospect part, must be decided under this part.\n(sec.318BQ-ssec.4) A separate application for the petroleum lease part, or the part of an application that relates to the petroleum lease part, must be decided under part 5 or 6 .\n- (a) a person to whom this part applies wishes to make an application to which this part applies for land in the area of each of the following— (i) the authority to prospect (the authority to prospect part ); (ii) a petroleum lease (the petroleum lease part ); and\n- (i) the authority to prospect (the authority to prospect part );\n- (ii) a petroleum lease (the petroleum lease part ); and\n- (b) the authority to prospect and the petroleum lease are not held by the same person. Note— If the authority to prospect and the petroleum lease are held by the same person, see part 5 .\n- (i) the authority to prospect (the authority to prospect part );\n- (ii) a petroleum lease (the petroleum lease part ); and","sortOrder":557},{"sectionNumber":"sec.318BR","sectionType":"section","heading":"Applications relating to other land","content":"### sec.318BR Applications relating to other land\n\nThis section applies if a person to whom this part applies wishes to make an application to which this part applies and the proposed application includes land (the other part ) not in the area of another petroleum tenure.\nThe person may lodge a separate mining lease application for the other part.\nA separate application for the other part, or the part of an application that relates to the other part, must be decided under chapter 6 , part 1 .\ns 318BR ins 2004 No. 25 s 1020\namd 2007 No. 46 s 77 ; 2011 No. 20 s 161 ; 2012 No. 20 s 323 sch 3\n(sec.318BR-ssec.1) This section applies if a person to whom this part applies wishes to make an application to which this part applies and the proposed application includes land (the other part ) not in the area of another petroleum tenure.\n(sec.318BR-ssec.2) The person may lodge a separate mining lease application for the other part.\n(sec.318BR-ssec.3) A separate application for the other part, or the part of an application that relates to the other part, must be decided under chapter 6 , part 1 .","sortOrder":558},{"sectionNumber":"sec.318BS","sectionType":"section","heading":null,"content":"### Section sec.318BS\n\ns 318BS ins 2004 No. 25 s 1020\nom 2007 No. 46 s 78","sortOrder":559},{"sectionNumber":"sec.318BT","sectionType":"section","heading":"Priority for earlier petroleum lease application or proposed application","content":"### sec.318BT Priority for earlier petroleum lease application or proposed application\n\nPart 2 , division 5 , applies for the mining lease application.\ns 318BT ins 2004 No. 25 s 1020\namd 2012 No. 20 s 323 sch 3","sortOrder":560},{"sectionNumber":"sec.318BU","sectionType":"section","heading":"Additional criteria for deciding conditions or term","content":"### sec.318BU Additional criteria for deciding conditions or term\n\nIn making a decision as follows, regard must be had to the conditions of the authority to prospect, any future development proposals of the authority to prospect holder and the likelihood of coordinated production of petroleum under a future petroleum lease—\ndeciding conditions of the mining lease under section 276 (1) (o) ;\ndeciding the term of the lease under section 284 .\nThis section does not limit the power under section 276 (1) (o) to determine conditions for the mining lease.\ns 318BU ins 2004 No. 25 s 1020\namd 2012 No. 20 s 281 sch 2 ; 2018 No. 24 s 134 ; 2024 No. 33 s 183 s ch 1 pt 2\n(sec.318BU-ssec.1) In making a decision as follows, regard must be had to the conditions of the authority to prospect, any future development proposals of the authority to prospect holder and the likelihood of coordinated production of petroleum under a future petroleum lease— deciding conditions of the mining lease under section 276 (1) (o) ; deciding the term of the lease under section 284 .\n(sec.318BU-ssec.2) This section does not limit the power under section 276 (1) (o) to determine conditions for the mining lease.\n- (a) deciding conditions of the mining lease under section 276 (1) (o) ;\n- (b) deciding the term of the lease under section 284 .","sortOrder":561},{"sectionNumber":"ch.8-pt.4","sectionType":"part","heading":"Coal mining lease and oil shale mining lease applications in response to Petroleum and Gas (Production and Safety) Act preference decision","content":"# Coal mining lease and oil shale mining lease applications in response to Petroleum and Gas (Production and Safety) Act preference decision","sortOrder":562},{"sectionNumber":"sec.318BV","sectionType":"section","heading":"Additional ground for refusing application","content":"### sec.318BV Additional ground for refusing application\n\nThis section applies if—\na coal or oil shale mining lease application is made in response to an invitation given under the Petroleum and Gas (Production and Safety) Act , section 323 ; and\nthe application is made within 6 months after the giving of the invitation.\nFor a coal or oil shale mining lease application not made within the 6 months, see the Petroleum and Gas (Production and Safety) Act , section 326 (No mining lease application).\nThe Minister may refuse the application if satisfied the applicant has not, in a timely manner, taken any step in relation to the application required of the applicant under chapter 6 or this chapter.\nSubsection (2) does not limit another ground for refusing the application under chapter 6 or this chapter.\ns 318BV ins 2004 No. 25 s 1020\namd 2005 No. 3 s 105 sch ; 2012 No. 20 s 125 sch 1 , s 323 sch 3\n(sec.318BV-ssec.1) This section applies if— a coal or oil shale mining lease application is made in response to an invitation given under the Petroleum and Gas (Production and Safety) Act , section 323 ; and the application is made within 6 months after the giving of the invitation. For a coal or oil shale mining lease application not made within the 6 months, see the Petroleum and Gas (Production and Safety) Act , section 326 (No mining lease application).\n(sec.318BV-ssec.2) The Minister may refuse the application if satisfied the applicant has not, in a timely manner, taken any step in relation to the application required of the applicant under chapter 6 or this chapter.\n(sec.318BV-ssec.3) Subsection (2) does not limit another ground for refusing the application under chapter 6 or this chapter.\n- (a) a coal or oil shale mining lease application is made in response to an invitation given under the Petroleum and Gas (Production and Safety) Act , section 323 ; and\n- (b) the application is made within 6 months after the giving of the invitation. Note— For a coal or oil shale mining lease application not made within the 6 months, see the Petroleum and Gas (Production and Safety) Act , section 326 (No mining lease application).","sortOrder":563},{"sectionNumber":"ch.8-pt.5","sectionType":"part","heading":"Obtaining coal or oil shale mining lease over land in area of petroleum lease (other than by or jointly with petroleum lease holder)","content":"# Obtaining coal or oil shale mining lease over land in area of petroleum lease (other than by or jointly with petroleum lease holder)","sortOrder":564},{"sectionNumber":"sec.318BW","sectionType":"section","heading":"Application of pt 5","content":"### sec.318BW Application of pt 5\n\nThis part applies if a person wishes to apply for a coal mining lease or an oil shale mining lease for all or part of the land in the area of a petroleum lease.\nHowever, this part does not apply if—\nthe person is the petroleum lease holder; or\nthe application is to be made jointly with the holder.\nFor the circumstances mentioned in subsection (2) , see part 6 .\nIf—\nthe land is also in the area of an authority to prospect; and\nthe same person holds the petroleum lease and the authority to prospect;\na reference in this part to the petroleum lease holder includes a reference to the authority to prospect holder.\nIf the petroleum lease and the authority to prospect are held by different persons, see section 318BQ .\ns 318BW ins 2004 No. 25 s 1020\namd 2011 No. 20 s 162 ; 2012 No. 20 s 323 sch 3\n(sec.318BW-ssec.1) This part applies if a person wishes to apply for a coal mining lease or an oil shale mining lease for all or part of the land in the area of a petroleum lease.\n(sec.318BW-ssec.2) However, this part does not apply if— the person is the petroleum lease holder; or the application is to be made jointly with the holder. For the circumstances mentioned in subsection (2) , see part 6 .\n(sec.318BW-ssec.3) If— the land is also in the area of an authority to prospect; and the same person holds the petroleum lease and the authority to prospect; a reference in this part to the petroleum lease holder includes a reference to the authority to prospect holder. If the petroleum lease and the authority to prospect are held by different persons, see section 318BQ .\n- (a) the person is the petroleum lease holder; or\n- (b) the application is to be made jointly with the holder.\n- (a) the land is also in the area of an authority to prospect; and\n- (b) the same person holds the petroleum lease and the authority to prospect;","sortOrder":565},{"sectionNumber":"sec.318BX","sectionType":"section","heading":"Additional requirements for making application","content":"### sec.318BX Additional requirements for making application\n\nThe application must include—\na CSG statement; and\na proposed development plan that complies with the initial development plan requirements.\nFor requirements for proposed initial development plans, see part 9 , division 2 .\ns 318BX ins 2004 No. 25 s 1020\namd 2012 No. 20 s 125 sch 1 , s 323 sch 3\n- (a) a CSG statement; and\n- (b) a proposed development plan that complies with the initial development plan requirements. Note— For requirements for proposed initial development plans, see part 9 , division 2 .","sortOrder":566},{"sectionNumber":"sec.318BY","sectionType":"section","heading":"Applications relating to other land","content":"### sec.318BY Applications relating to other land\n\nThis section applies if—\na person to whom this part applies wishes to make an application to which this part applies; and\nthe proposed application includes land (the other part ) in the area of an authority to prospect held by someone else.\nThe person may lodge a separate mining lease application for the other part.\nA separate application for the other part, or the part of an application that relates to the other part, must be decided under part 2 .\ns 318BY ins 2004 No. 25 s 1020\nsub 2007 No. 46 s 79\namd 2011 No. 20 s 163 ; 2012 No. 20 s 323 sch 3\n(sec.318BY-ssec.1) This section applies if— a person to whom this part applies wishes to make an application to which this part applies; and the proposed application includes land (the other part ) in the area of an authority to prospect held by someone else.\n(sec.318BY-ssec.2) The person may lodge a separate mining lease application for the other part.\n(sec.318BY-ssec.3) A separate application for the other part, or the part of an application that relates to the other part, must be decided under part 2 .\n- (a) a person to whom this part applies wishes to make an application to which this part applies; and\n- (b) the proposed application includes land (the other part ) in the area of an authority to prospect held by someone else.","sortOrder":567},{"sectionNumber":"sec.318BZ","sectionType":"section","heading":null,"content":"### Section sec.318BZ\n\ns 318BZ ins 2004 No. 25 s 1020\nom 2007 No. 46 s 79","sortOrder":568},{"sectionNumber":"sec.318C","sectionType":"section","heading":"Notice to petroleum lease holder","content":"### sec.318C Notice to petroleum lease holder\n\nThe applicant must, within 10 business days after lodging the application, give the petroleum lease holder a copy of the application, other than the part of the application consisting of the statement mentioned in section 245 (1) (o) .\nFor confidentiality obligations of tenure holders or persons who have applied for a tenure, see part 10 .\ns 318C ins 2004 No. 25 s 1020\namd 2012 No. 20 s 125 sch 1 , s 323 sch 3 ; 2014 No. 47 s 457D (amd 2016 No. 30 s 98 )","sortOrder":569},{"sectionNumber":"sec.318CA","sectionType":"section","heading":"Petroleum lease holder’s obligation to negotiate","content":"### sec.318CA Petroleum lease holder’s obligation to negotiate\n\nThe petroleum lease holder must, after receiving the copy of the application, use reasonable attempts to reach a coordination arrangement with the applicant about the following matters that provides the best resource use outcome without significantly affecting the parties’ rights or interests—\ncoal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease;\npetroleum production under the petroleum lease for the land.\nFor the extent to which coal seam gas production is permitted under the coal or oil shale mining lease, see part 8 , division 1 .\nHowever, the obligation under subsection (1) applies only to the extent that a coordination arrangement is commercially and technically feasible for the petroleum lease holder.\nFor confidentiality obligations of tenure holders or persons who have applied for a tenure, see part 10 .\ns 318CA ins 2004 No. 25 s 1020\namd 2012 No. 20 s 125 sch 1 , s 323 sch 3\n(sec.318CA-ssec.1) The petroleum lease holder must, after receiving the copy of the application, use reasonable attempts to reach a coordination arrangement with the applicant about the following matters that provides the best resource use outcome without significantly affecting the parties’ rights or interests— coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; petroleum production under the petroleum lease for the land. For the extent to which coal seam gas production is permitted under the coal or oil shale mining lease, see part 8 , division 1 .\n(sec.318CA-ssec.2) However, the obligation under subsection (1) applies only to the extent that a coordination arrangement is commercially and technically feasible for the petroleum lease holder. For confidentiality obligations of tenure holders or persons who have applied for a tenure, see part 10 .\n- (a) coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease;\n- (b) petroleum production under the petroleum lease for the land.","sortOrder":570},{"sectionNumber":"sec.318CB","sectionType":"section","heading":"Restriction on issuing mining lease notice and additional requirements for grant","content":"### sec.318CB Restriction on issuing mining lease notice and additional requirements for grant\n\nSection 252A does not apply for the application, and the Minister can not under section 271A grant the mining lease until—\nthe applicant has negotiated, with the petroleum lease holder, a proposed coordination arrangement (a relevant arrangement ) about the following matters—\ncoal or oil shale mining and any incidental coal seam gas under the proposed mining lease;\npetroleum production under the petroleum lease; and\nthe Minister has approved the relevant arrangement; and\nthere is a safety and health management system that applies for the proposed mining lease; and\nthe petroleum lease holder has lodged a notice that the holder has agreed to the system.\nSubsections (3) and (4) apply if the Minister is satisfied the applicant and the petroleum lease holder have, as required under section 318CA , made reasonable attempts to reach a relevant arrangement and—\nthe petroleum lease holder has lodged a written notice stating there are no reasonable prospects of a relevant arrangement being made; or\na relevant arrangement has not been lodged for approval by the Minister and the Minister considers the applicant and the petroleum lease holder have had a reasonable opportunity to make a relevant arrangement.\nDespite subsection (1) , a mining lease notice may be issued under section 252A for the application if the petroleum lease holder has consented to the making of the application and the issuing of the notice.\nA mining lease notice can not be issued for the application.\nThe Minister may immediately decide to reject the application.\nIn this section—\nsafety and health management system means—\nfor a coal mining lease—a safety and health management system under the Coal Mining Safety and Health Act 1999 ; or\nfor an oil shale mining lease—a safety and health management system under the Mining and Quarrying Safety and Health Act 1999 .\ns 318CB ins 2004 No. 25 s 1020\namd 2007 No. 46 s 80 ; 2012 No. 20 s 281 sch 2 ; 2014 No. 47 s 458 (amd 2016 No. 30 s 99 )\n(sec.318CB-ssec.1) Section 252A does not apply for the application, and the Minister can not under section 271A grant the mining lease until— the applicant has negotiated, with the petroleum lease holder, a proposed coordination arrangement (a relevant arrangement ) about the following matters— coal or oil shale mining and any incidental coal seam gas under the proposed mining lease; petroleum production under the petroleum lease; and the Minister has approved the relevant arrangement; and there is a safety and health management system that applies for the proposed mining lease; and the petroleum lease holder has lodged a notice that the holder has agreed to the system.\n(sec.318CB-ssec.2) Subsections (3) and (4) apply if the Minister is satisfied the applicant and the petroleum lease holder have, as required under section 318CA , made reasonable attempts to reach a relevant arrangement and— the petroleum lease holder has lodged a written notice stating there are no reasonable prospects of a relevant arrangement being made; or a relevant arrangement has not been lodged for approval by the Minister and the Minister considers the applicant and the petroleum lease holder have had a reasonable opportunity to make a relevant arrangement.\n(sec.318CB-ssec.2A) Despite subsection (1) , a mining lease notice may be issued under section 252A for the application if the petroleum lease holder has consented to the making of the application and the issuing of the notice.\n(sec.318CB-ssec.3) A mining lease notice can not be issued for the application.\n(sec.318CB-ssec.4) The Minister may immediately decide to reject the application.\n(sec.318CB-ssec.5) In this section— safety and health management system means— for a coal mining lease—a safety and health management system under the Coal Mining Safety and Health Act 1999 ; or for an oil shale mining lease—a safety and health management system under the Mining and Quarrying Safety and Health Act 1999 .\n- (a) the applicant has negotiated, with the petroleum lease holder, a proposed coordination arrangement (a relevant arrangement ) about the following matters— (i) coal or oil shale mining and any incidental coal seam gas under the proposed mining lease; (ii) petroleum production under the petroleum lease; and\n- (i) coal or oil shale mining and any incidental coal seam gas under the proposed mining lease;\n- (ii) petroleum production under the petroleum lease; and\n- (b) the Minister has approved the relevant arrangement; and\n- (c) there is a safety and health management system that applies for the proposed mining lease; and\n- (d) the petroleum lease holder has lodged a notice that the holder has agreed to the system.\n- (i) coal or oil shale mining and any incidental coal seam gas under the proposed mining lease;\n- (ii) petroleum production under the petroleum lease; and\n- (a) the petroleum lease holder has lodged a written notice stating there are no reasonable prospects of a relevant arrangement being made; or\n- (b) a relevant arrangement has not been lodged for approval by the Minister and the Minister considers the applicant and the petroleum lease holder have had a reasonable opportunity to make a relevant arrangement.\n- (a) for a coal mining lease—a safety and health management system under the Coal Mining Safety and Health Act 1999 ; or\n- (b) for an oil shale mining lease—a safety and health management system under the Mining and Quarrying Safety and Health Act 1999 .","sortOrder":571},{"sectionNumber":"ch.8-pt.6","sectionType":"part","heading":"Obtaining coal or oil shale mining lease over land in area of petroleum lease (by or jointly with petroleum lease holder)","content":"# Obtaining coal or oil shale mining lease over land in area of petroleum lease (by or jointly with petroleum lease holder)","sortOrder":572},{"sectionNumber":"sec.318CC","sectionType":"section","heading":"Application of pt 6","content":"### sec.318CC Application of pt 6\n\nThis part applies if a person as follows wishes to apply for a coal mining lease or an oil shale mining lease for all or part of the land in the area of a petroleum lease—\nthe petroleum lease holder;\na person who wishes to make the application jointly with the holder.\nIf—\nthe land is also in the area of an authority to prospect; and\nthe same person holds the petroleum lease and the authority to prospect;\na reference in this part to the petroleum lease holder includes a reference to the authority to prospect holder.\nIf the petroleum lease and the authority to prospect are held by different persons, see section 318BQ .\ns 318CC ins 2004 No. 25 s 1020\namd 2011 No. 20 s 164 ; 2012 No. 20 s 323 sch 3\n(sec.318CC-ssec.1) This part applies if a person as follows wishes to apply for a coal mining lease or an oil shale mining lease for all or part of the land in the area of a petroleum lease— the petroleum lease holder; a person who wishes to make the application jointly with the holder.\n(sec.318CC-ssec.2) If— the land is also in the area of an authority to prospect; and the same person holds the petroleum lease and the authority to prospect; a reference in this part to the petroleum lease holder includes a reference to the authority to prospect holder. If the petroleum lease and the authority to prospect are held by different persons, see section 318BQ .\n- (a) the petroleum lease holder;\n- (b) a person who wishes to make the application jointly with the holder.\n- (a) the land is also in the area of an authority to prospect; and\n- (b) the same person holds the petroleum lease and the authority to prospect;","sortOrder":573},{"sectionNumber":"sec.318CD","sectionType":"section","heading":"Additional requirements for making application","content":"### sec.318CD Additional requirements for making application\n\nThe application must include—\na CSG statement; and\na proposed development plan that complies with the initial development plan requirements.\nFor requirements for proposed initial development plans, see part 9 , division 2 .\ns 318CD ins 2004 No. 25 s 1020\namd 2012 No. 20 s 125 sch 1 , s 323 sch 3\n- (a) a CSG statement; and\n- (b) a proposed development plan that complies with the initial development plan requirements. Note— For requirements for proposed initial development plans, see part 9 , division 2 .","sortOrder":574},{"sectionNumber":"sec.318CE","sectionType":"section","heading":"Applications relating to other land","content":"### sec.318CE Applications relating to other land\n\nThis section applies if—\na person to whom this part applies wishes to make an application to which this part applies; and\nthe proposed application includes land (the other part ) in the area of an authority to prospect held by someone else.\nThe person may lodge a separate mining lease application for the other part.\nA separate application for the other part, or the part of an application that relates to the other part, must be decided under part 2 .\ns 318CE ins 2004 No. 25 s 1020\nsub 2007 No. 46 s 81\namd 2011 No. 20 s 165 ; 2012 No. 20 s 323 sch 3\n(sec.318CE-ssec.1) This section applies if— a person to whom this part applies wishes to make an application to which this part applies; and the proposed application includes land (the other part ) in the area of an authority to prospect held by someone else.\n(sec.318CE-ssec.2) The person may lodge a separate mining lease application for the other part.\n(sec.318CE-ssec.3) A separate application for the other part, or the part of an application that relates to the other part, must be decided under part 2 .\n- (a) a person to whom this part applies wishes to make an application to which this part applies; and\n- (b) the proposed application includes land (the other part ) in the area of an authority to prospect held by someone else.","sortOrder":575},{"sectionNumber":"sec.318CF","sectionType":"section","heading":null,"content":"### Section sec.318CF\n\ns 318CF ins 2004 No. 25 s 1020\nom 2007 No. 46 s 81","sortOrder":576},{"sectionNumber":"sec.318CG","sectionType":"section","heading":"Additional criteria for deciding conditions","content":"### sec.318CG Additional criteria for deciding conditions\n\nIn deciding conditions of the mining lease under section 276 (1) (o) , regard must be had to—\nthe conditions of the petroleum lease; and\nthe development plan for the petroleum lease.\nThis section does not limit the power under section 276 (1) (o) to determine conditions of the mining lease.\ns 318CG ins 2004 No. 25 s 1020\namd 2012 No. 20 s 281 sch 2 ; 2018 No. 24 s 135 ; 2024 No. 33 s 183 s ch 1 pt 2\n(sec.318CG-ssec.1) In deciding conditions of the mining lease under section 276 (1) (o) , regard must be had to— the conditions of the petroleum lease; and the development plan for the petroleum lease.\n(sec.318CG-ssec.2) This section does not limit the power under section 276 (1) (o) to determine conditions of the mining lease.\n- (a) the conditions of the petroleum lease; and\n- (b) the development plan for the petroleum lease.","sortOrder":577},{"sectionNumber":"ch.8-pt.7","sectionType":"part","heading":"Additional provisions for coal and oil shale exploration tenements","content":"# Additional provisions for coal and oil shale exploration tenements","sortOrder":578},{"sectionNumber":"ch.8-pt.7-div.1","sectionType":"division","heading":"Grant of coal or oil shale exploration tenement in area of authority to prospect","content":"## Grant of coal or oil shale exploration tenement in area of authority to prospect","sortOrder":579},{"sectionNumber":"sec.318CH","sectionType":"section","heading":"Provisions for coal or oil shale exploration tenement","content":"### sec.318CH Provisions for coal or oil shale exploration tenement\n\nThe Petroleum Act 1923 and the Petroleum and Gas (Production and Safety) Act do not limit or otherwise affect the power under this Act to grant a coal or oil shale exploration tenement over land (the overlapping land ) in the area of an authority to prospect.\nHowever, an authorised activity for the coal or oil shale exploration tenement can not be carried out on the overlapping land if—\ncarrying it out adversely affects the carrying out of an authorised activity for the authority to prospect; and\nthe authorised activity for the authority to prospect has already started.\ns 318CH ins 2004 No. 25 s 1020\namd 2008 No. 56 s 19 sch\n(sec.318CH-ssec.1) The Petroleum Act 1923 and the Petroleum and Gas (Production and Safety) Act do not limit or otherwise affect the power under this Act to grant a coal or oil shale exploration tenement over land (the overlapping land ) in the area of an authority to prospect.\n(sec.318CH-ssec.2) However, an authorised activity for the coal or oil shale exploration tenement can not be carried out on the overlapping land if— carrying it out adversely affects the carrying out of an authorised activity for the authority to prospect; and the authorised activity for the authority to prospect has already started.\n- (a) carrying it out adversely affects the carrying out of an authorised activity for the authority to prospect; and\n- (b) the authorised activity for the authority to prospect has already started.","sortOrder":580},{"sectionNumber":"ch.8-pt.7-div.2","sectionType":"division","heading":"Restriction on authorised activities on petroleum lease land","content":"## Restriction on authorised activities on petroleum lease land","sortOrder":581},{"sectionNumber":"sec.318CI","sectionType":"section","heading":"Restriction","content":"### sec.318CI Restriction\n\nIf land is in the area of a coal or oil shale exploration tenement and a petroleum lease, an authorised activity for the tenement may be carried out on the land only if—\nthe petroleum lease holder has agreed in writing to the carrying out of the activity; and\na copy of the agreement has been lodged; and\nthe agreement is still in force.\nSubsection (1) does not apply, or ceases to apply, if the same person holds the tenement and the petroleum lease.\ns 318CI ins 2004 No. 25 s 1020\namd 2012 No. 20 s 219\n(sec.318CI-ssec.1) If land is in the area of a coal or oil shale exploration tenement and a petroleum lease, an authorised activity for the tenement may be carried out on the land only if— the petroleum lease holder has agreed in writing to the carrying out of the activity; and a copy of the agreement has been lodged; and the agreement is still in force.\n(sec.318CI-ssec.2) Subsection (1) does not apply, or ceases to apply, if the same person holds the tenement and the petroleum lease.\n- (a) the petroleum lease holder has agreed in writing to the carrying out of the activity; and\n- (b) a copy of the agreement has been lodged; and\n- (c) the agreement is still in force.","sortOrder":582},{"sectionNumber":"ch.8-pt.7-div.3","sectionType":"division","heading":"Conditions","content":"## Conditions","sortOrder":583},{"sectionNumber":"sec.318CJ","sectionType":"section","heading":"Notice of grant to authority to prospect holder or applicant","content":"### sec.318CJ Notice of grant to authority to prospect holder or applicant\n\nThis section applies if, when a coal or oil shale exploration tenement is granted, land in the area of the tenement is in the area of an authority to prospect or a proposed area under an authority to prospect application.\nIt is a condition of the tenement that its holder must, within 20 business days after receiving notice of the grant, give the authority to prospect holder or the applicant written notice stating—\nthat the tenement has been granted; and\nthe tenement holder’s name; and\nthe term of the tenement.\ns 318CJ ins 2004 No. 25 s 1020\n(sec.318CJ-ssec.1) This section applies if, when a coal or oil shale exploration tenement is granted, land in the area of the tenement is in the area of an authority to prospect or a proposed area under an authority to prospect application.\n(sec.318CJ-ssec.2) It is a condition of the tenement that its holder must, within 20 business days after receiving notice of the grant, give the authority to prospect holder or the applicant written notice stating— that the tenement has been granted; and the tenement holder’s name; and the term of the tenement.\n- (a) that the tenement has been granted; and\n- (b) the tenement holder’s name; and\n- (c) the term of the tenement.","sortOrder":584},{"sectionNumber":"sec.318CK","sectionType":"section","heading":"Compliance with obligations under Petroleum and Gas (Production and Safety) Act","content":"### sec.318CK Compliance with obligations under Petroleum and Gas (Production and Safety) Act\n\nIf an obligation under the Petroleum and Gas (Production and Safety) Act , section 313 or 371 , applies to a coal or oil shale exploration tenement holder, it is a condition of the tenement that the holder must comply with the obligation.\ns 318CK ins 2004 No. 25 s 1020","sortOrder":585},{"sectionNumber":"ch.8-pt.8","sectionType":"part","heading":"Additional provisions for coal mining leases and oil shale mining leases","content":"# Additional provisions for coal mining leases and oil shale mining leases","sortOrder":586},{"sectionNumber":"ch.8-pt.8-div.1","sectionType":"division","heading":"Entitlement to coal seam gas","content":"## Entitlement to coal seam gas","sortOrder":587},{"sectionNumber":"sec.318CL","sectionType":"section","heading":"Application of pt 8","content":"### sec.318CL Application of pt 8\n\nThis part applies to a person (the mining lease holder ) who holds a coal mining lease or an oil shale mining lease.\nSee, however, chapter 15 , part 2 , division 6 .\nThis division is subject to division 2 and the Common Provisions Act , section 138 .\ns 318CL ins 2004 No. 25 s 1020\namd 2012 No. 20 s 125 sch 1 , s 323 sch 3 ; 2014 No. 47 s 405\n(sec.318CL-ssec.1) This part applies to a person (the mining lease holder ) who holds a coal mining lease or an oil shale mining lease. See, however, chapter 15 , part 2 , division 6 .\n(sec.318CL-ssec.2) This division is subject to division 2 and the Common Provisions Act , section 138 .","sortOrder":588},{"sectionNumber":"sec.318CM","sectionType":"section","heading":"Limited entitlement to mine coal seam gas","content":"### sec.318CM Limited entitlement to mine coal seam gas\n\nThe mining lease holder may mine coal seam gas in the area of the lease only if—\nthe mining happens as a necessary result of coal or oil shale mining carried out under the mining lease; or\nthe mining is necessary to ensure a safe mine working environment for coal or oil shale mining under the mining lease; or\nthe mining is necessary to minimise the fugitive emission of methane during the course of coal mining operations.\nCoal seam gas mined, or proposed to be mined, under subsection (1) is called incidental coal seam gas .\nTo remove any doubt, it is declared that incidental coal seam gas includes coal seam gas in a goaf if the gas is mined, or proposed to be mined, under subsection (1) .\nIn this section—\nmine , for coal seam gas, includes extract, produce, release or dispose of the gas.\ns 318CM ins 2004 No. 25 s 1020\n(sec.318CM-ssec.1) The mining lease holder may mine coal seam gas in the area of the lease only if— the mining happens as a necessary result of coal or oil shale mining carried out under the mining lease; or the mining is necessary to ensure a safe mine working environment for coal or oil shale mining under the mining lease; or the mining is necessary to minimise the fugitive emission of methane during the course of coal mining operations.\n(sec.318CM-ssec.2) Coal seam gas mined, or proposed to be mined, under subsection (1) is called incidental coal seam gas .\n(sec.318CM-ssec.3) To remove any doubt, it is declared that incidental coal seam gas includes coal seam gas in a goaf if the gas is mined, or proposed to be mined, under subsection (1) .\n(sec.318CM-ssec.4) In this section— mine , for coal seam gas, includes extract, produce, release or dispose of the gas.\n- (a) the mining happens as a necessary result of coal or oil shale mining carried out under the mining lease; or\n- (b) the mining is necessary to ensure a safe mine working environment for coal or oil shale mining under the mining lease; or\n- (c) the mining is necessary to minimise the fugitive emission of methane during the course of coal mining operations.","sortOrder":589},{"sectionNumber":"sec.318CN","sectionType":"section","heading":"Use that may be made under mining lease of incidental coal seam gas","content":"### sec.318CN Use that may be made under mining lease of incidental coal seam gas\n\nThis section applies if the mining lease holder holds a coal mining lease.\nSubject to section 318CO , the mining lease holder may do the following in relation to incidental coal seam gas mined under section 318CM —\nuse it beneficially for an authorised activity under the coal mining lease or another coal mining lease;\nprocess, store or transport it within the area of the coal mining lease, or within the area of another coal mining lease, to allow it to be used under paragraph (a) ;\nuse it beneficially for an authorised activity under another resource authority;\nsupply it to another entity;\nuse it to generate power to supply to another entity;\nprocess, store or transport it within the area of the coal mining lease, or within the area of another resource authority, to allow it to be used under paragraph (c) , (d) or (e) .\npower generation for equipment used for an authorised activity under the coal mining lease or another resource authority\nheating\nIf the mining lease holder wishes to use the incidental coal seam gas in a way not authorised under subsection (2) (a) or (b) , the holder may require an authority under the Petroleum and Gas (Production and Safety) Act . For example, a holder must apply for an authority under that Act if the holder wishes to transport the gas by pipeline outside the area of non-contiguous mining leases or utilise a natural underground reservoir.\nIf the mining lease holder wishes to use the incidental coal seam gas to generate power to supply to another entity, the holder must comply with the Electricity Act 1994 .\nThis section does not limit or affect a requirement or restriction under another Act.\nIn this section—\nsupply includes sell.\ns 318CN ins 2004 No. 25 s 1020\namd 2005 No. 3 s 4 ; 2008 No. 56 s 69 ; 2012 No. 20 s 125 sch 1\nsub 2014 No. 47 s 406\n(sec.318CN-ssec.1) This section applies if the mining lease holder holds a coal mining lease.\n(sec.318CN-ssec.2) Subject to section 318CO , the mining lease holder may do the following in relation to incidental coal seam gas mined under section 318CM — use it beneficially for an authorised activity under the coal mining lease or another coal mining lease; process, store or transport it within the area of the coal mining lease, or within the area of another coal mining lease, to allow it to be used under paragraph (a) ; use it beneficially for an authorised activity under another resource authority; supply it to another entity; use it to generate power to supply to another entity; process, store or transport it within the area of the coal mining lease, or within the area of another resource authority, to allow it to be used under paragraph (c) , (d) or (e) . power generation for equipment used for an authorised activity under the coal mining lease or another resource authority heating If the mining lease holder wishes to use the incidental coal seam gas in a way not authorised under subsection (2) (a) or (b) , the holder may require an authority under the Petroleum and Gas (Production and Safety) Act . For example, a holder must apply for an authority under that Act if the holder wishes to transport the gas by pipeline outside the area of non-contiguous mining leases or utilise a natural underground reservoir. If the mining lease holder wishes to use the incidental coal seam gas to generate power to supply to another entity, the holder must comply with the Electricity Act 1994 .\n(sec.318CN-ssec.3) This section does not limit or affect a requirement or restriction under another Act.\n(sec.318CN-ssec.4) In this section— supply includes sell.\n- (a) use it beneficially for an authorised activity under the coal mining lease or another coal mining lease;\n- (b) process, store or transport it within the area of the coal mining lease, or within the area of another coal mining lease, to allow it to be used under paragraph (a) ;\n- (c) use it beneficially for an authorised activity under another resource authority;\n- (d) supply it to another entity;\n- (e) use it to generate power to supply to another entity;\n- (f) process, store or transport it within the area of the coal mining lease, or within the area of another resource authority, to allow it to be used under paragraph (c) , (d) or (e) . Examples of uses of incidental coal seam gas authorised under paragraph (a) or (c) — 1 power generation for equipment used for an authorised activity under the coal mining lease or another resource authority 2 heating Notes— 1 If the mining lease holder wishes to use the incidental coal seam gas in a way not authorised under subsection (2) (a) or (b) , the holder may require an authority under the Petroleum and Gas (Production and Safety) Act . For example, a holder must apply for an authority under that Act if the holder wishes to transport the gas by pipeline outside the area of non-contiguous mining leases or utilise a natural underground reservoir. 2 If the mining lease holder wishes to use the incidental coal seam gas to generate power to supply to another entity, the holder must comply with the Electricity Act 1994 .\n- 1 power generation for equipment used for an authorised activity under the coal mining lease or another resource authority\n- 2 heating\n- 1 If the mining lease holder wishes to use the incidental coal seam gas in a way not authorised under subsection (2) (a) or (b) , the holder may require an authority under the Petroleum and Gas (Production and Safety) Act . For example, a holder must apply for an authority under that Act if the holder wishes to transport the gas by pipeline outside the area of non-contiguous mining leases or utilise a natural underground reservoir.\n- 2 If the mining lease holder wishes to use the incidental coal seam gas to generate power to supply to another entity, the holder must comply with the Electricity Act 1994 .\n- 1 power generation for equipment used for an authorised activity under the coal mining lease or another resource authority\n- 2 heating\n- 1 If the mining lease holder wishes to use the incidental coal seam gas in a way not authorised under subsection (2) (a) or (b) , the holder may require an authority under the Petroleum and Gas (Production and Safety) Act . For example, a holder must apply for an authority under that Act if the holder wishes to transport the gas by pipeline outside the area of non-contiguous mining leases or utilise a natural underground reservoir.\n- 2 If the mining lease holder wishes to use the incidental coal seam gas to generate power to supply to another entity, the holder must comply with the Electricity Act 1994 .","sortOrder":590},{"sectionNumber":"sec.318CNA","sectionType":"section","heading":"Use that may be made under oil shale mining lease of incidental coal seam gas","content":"### sec.318CNA Use that may be made under oil shale mining lease of incidental coal seam gas\n\nThis section applies if the mining lease holder holds an oil shale mining lease.\nSubject to section 318CO , the mining lease holder may do the following in relation to incidental coal seam gas mined under section 318CM —\nuse it beneficially for mining under the oil shale mining lease;\nprocess, store or transport it within the area of the oil shale mining lease to allow it to be used under paragraph (a) .\npower generation for equipment used for mining under the oil shale mining lease\nheating\nThis section does not limit or affect a requirement or restriction under another Act.\nIn this section—\nmining , under the oil shale mining lease, includes mining for coal seam gas authorised under section 318CM .\ns 318CNA ins 2014 No. 47 s 406\n(sec.318CNA-ssec.1) This section applies if the mining lease holder holds an oil shale mining lease.\n(sec.318CNA-ssec.2) Subject to section 318CO , the mining lease holder may do the following in relation to incidental coal seam gas mined under section 318CM — use it beneficially for mining under the oil shale mining lease; process, store or transport it within the area of the oil shale mining lease to allow it to be used under paragraph (a) . power generation for equipment used for mining under the oil shale mining lease heating\n(sec.318CNA-ssec.3) This section does not limit or affect a requirement or restriction under another Act.\n(sec.318CNA-ssec.4) In this section— mining , under the oil shale mining lease, includes mining for coal seam gas authorised under section 318CM .\n- (a) use it beneficially for mining under the oil shale mining lease;\n- (b) process, store or transport it within the area of the oil shale mining lease to allow it to be used under paragraph (a) . Examples of uses of incidental coal seam gas authorised under paragraph (a) — 1 power generation for equipment used for mining under the oil shale mining lease 2 heating\n- 1 power generation for equipment used for mining under the oil shale mining lease\n- 2 heating\n- 1 power generation for equipment used for mining under the oil shale mining lease\n- 2 heating","sortOrder":591},{"sectionNumber":"sec.318CO","sectionType":"section","heading":"Restriction on flaring or venting of incidental coal seam gas","content":"### sec.318CO Restriction on flaring or venting of incidental coal seam gas\n\nIt is a condition of the mining lease that the mining lease holder must not flare or vent incidental coal seam gas mined under section 318CM (1) in the area of the mining lease unless the flaring or venting is authorised under this section.\nFlaring the incidental coal seam gas is authorised if it is not commercially or technically feasible to use it—\nfor a coal mining lease—under section 318CN (2) ; or\nfor an oil shale mining lease—under section 318CNA (2) .\nVenting the incidental coal seam gas is authorised if—\nit is not safe to use the gas for a purpose mentioned in subsection (2) or to flare it; or\nflaring it is not technically practicable; or\nfor incidental coal seam gas that is vented as or with mine ventilation air—it is not commercially practicable to use the air.\nVenting the incidental coal seam gas is also authorised if—\nit is being used, or is proposed to be used, under a greenhouse abatement scheme; and\nif subsection (1) were to apply, the direct or indirect benefit the mining lease holder would otherwise obtain because of the use of the gas under the scheme would be reduced.\nSubsection (6) applies, despite subsections (2) to (4) , if—\nan oil shale mining lease is over land in an area of a petroleum lease (the overlapping land ); and\nincidental coal seam gas is, under section 318CM (1) , mined from the overlapping land.\nFlaring or venting is authorised only if—\nthe mining lease holder has given the petroleum lease holder written notice that the gas is available to the petroleum lease holder; and\nthe petroleum lease holder has either not responded or has refused to accept the gas within 20 business days after receiving the notice.\nIn this section—\ngreenhouse abatement scheme means a scheme about the abatement of greenhouse gases prescribed by regulation.\ns 318CO ins 2004 No. 25 s 1020 (amd 2004 No. 26 s 260 (10) )\namd 2008 No. 56 s 70 ; 2012 No. 20 s 125 sch 1 ; 2014 No. 47 s 407\n(sec.318CO-ssec.1) It is a condition of the mining lease that the mining lease holder must not flare or vent incidental coal seam gas mined under section 318CM (1) in the area of the mining lease unless the flaring or venting is authorised under this section.\n(sec.318CO-ssec.2) Flaring the incidental coal seam gas is authorised if it is not commercially or technically feasible to use it— for a coal mining lease—under section 318CN (2) ; or for an oil shale mining lease—under section 318CNA (2) .\n(sec.318CO-ssec.3) Venting the incidental coal seam gas is authorised if— it is not safe to use the gas for a purpose mentioned in subsection (2) or to flare it; or flaring it is not technically practicable; or for incidental coal seam gas that is vented as or with mine ventilation air—it is not commercially practicable to use the air.\n(sec.318CO-ssec.4) Venting the incidental coal seam gas is also authorised if— it is being used, or is proposed to be used, under a greenhouse abatement scheme; and if subsection (1) were to apply, the direct or indirect benefit the mining lease holder would otherwise obtain because of the use of the gas under the scheme would be reduced.\n(sec.318CO-ssec.5) Subsection (6) applies, despite subsections (2) to (4) , if— an oil shale mining lease is over land in an area of a petroleum lease (the overlapping land ); and incidental coal seam gas is, under section 318CM (1) , mined from the overlapping land.\n(sec.318CO-ssec.6) Flaring or venting is authorised only if— the mining lease holder has given the petroleum lease holder written notice that the gas is available to the petroleum lease holder; and the petroleum lease holder has either not responded or has refused to accept the gas within 20 business days after receiving the notice.\n(sec.318CO-ssec.7) In this section— greenhouse abatement scheme means a scheme about the abatement of greenhouse gases prescribed by regulation.\n- (a) for a coal mining lease—under section 318CN (2) ; or\n- (b) for an oil shale mining lease—under section 318CNA (2) .\n- (a) it is not safe to use the gas for a purpose mentioned in subsection (2) or to flare it; or\n- (b) flaring it is not technically practicable; or\n- (c) for incidental coal seam gas that is vented as or with mine ventilation air—it is not commercially practicable to use the air.\n- (a) it is being used, or is proposed to be used, under a greenhouse abatement scheme; and\n- (b) if subsection (1) were to apply, the direct or indirect benefit the mining lease holder would otherwise obtain because of the use of the gas under the scheme would be reduced.\n- (a) an oil shale mining lease is over land in an area of a petroleum lease (the overlapping land ); and\n- (b) incidental coal seam gas is, under section 318CM (1) , mined from the overlapping land.\n- (a) the mining lease holder has given the petroleum lease holder written notice that the gas is available to the petroleum lease holder; and\n- (b) the petroleum lease holder has either not responded or has refused to accept the gas within 20 business days after receiving the notice.","sortOrder":592},{"sectionNumber":"ch.8-pt.8-div.2","sectionType":"division","heading":"Provisions for mining coal seam gas from coextensive natural underground reservoirs","content":"## Provisions for mining coal seam gas from coextensive natural underground reservoirs","sortOrder":593},{"sectionNumber":"sec.318CP","sectionType":"section","heading":"Application of div 2","content":"### sec.318CP Application of div 2\n\nThis division applies if a natural underground reservoir in the area of a coal mining lease or an oil shale mining lease extends to—\nthe area of an adjacent coal mining lease, oil shale mining lease or petroleum lease (an adjacent lease ); or\nif a person has applied for a coal mining lease, oil shale mining lease or petroleum lease that will, if granted, be an adjacent lease—the area of the proposed lease.\nSee also the Petroleum Act 1923 , section 52A (Application of 2004 Act provisions about coextensive natural underground reservoirs).\ns 318CP ins 2004 No. 25 s 1020 (amd 2004 No. 26 s 260 (11) )\namd 2012 No. 20 s 125 sch 1 , s 323 sch 3\n- (a) the area of an adjacent coal mining lease, oil shale mining lease or petroleum lease (an adjacent lease ); or\n- (b) if a person has applied for a coal mining lease, oil shale mining lease or petroleum lease that will, if granted, be an adjacent lease—the area of the proposed lease.","sortOrder":594},{"sectionNumber":"sec.318CQ","sectionType":"section","heading":"Coordination arrangement may be made about mining or production from reservoir","content":"### sec.318CQ Coordination arrangement may be made about mining or production from reservoir\n\nThe mining lease holder and an adjacent lease holder, or proposed adjacent lease holder, may make a coordination arrangement that provides for the petroleum or coal seam gas that can, under this Act or the Petroleum and Gas (Production and Safety) Act , be mined or produced from the reservoir from within the area of the mining lease and the adjacent lease, or proposed adjacent lease.\nFor the making of coordination arrangements, see the Petroleum and Gas (Production and Safety) Act , chapter 2 , part 8 .\ns 318CQ ins 2004 No. 25 s 1020\namd 2012 No. 20 s 125 sch 1","sortOrder":595},{"sectionNumber":"sec.318CR","sectionType":"section","heading":"Restriction on carrying out particular authorised activities","content":"### sec.318CR Restriction on carrying out particular authorised activities\n\nThe mining lease holder must not carry out a relevant activity for an adjacent lease or proposed adjacent lease unless—\nthe adjacent lease holder, or the proposed adjacent lease holder, has consented in writing to the carrying out of the activity; or\nthe activity is carried out under—\na coordination arrangement mentioned in section 318CQ ; or\na decision of the Land Court under section 318CS .\nHowever, if the adjacent lease was granted after the mining lease was granted and, when the adjacent lease was granted, the mining lease holder was carrying out the relevant activity, subsection (1) does not apply to the mining lease holder until the later of the following—\n6 months after granting of the adjacent lease;\nif within the 6 months the mining lease holder applies to the Land Court under section 318CS —when the Land Court decides the application.\nIn this section—\nrelevant activity , for an adjacent lease or proposed adjacent lease, means—\nthe mining, under the mining lease, of coal seam gas that comes, or is likely to come, from the part of the reservoir that is in the area of an adjacent lease or the proposed adjacent lease; or\nanother authorised activity under the mining lease that physically adversely affects, or may physically adversely affect, the carrying out of authorised activities under an adjacent lease or the proposed adjacent lease.\ns 318CR ins 2004 No. 25 s 1020 (amd 2004 No. 26 s 260 (12) – (14) )\namd 2007 No. 39 s 41 sch\n(sec.318CR-ssec.1) The mining lease holder must not carry out a relevant activity for an adjacent lease or proposed adjacent lease unless— the adjacent lease holder, or the proposed adjacent lease holder, has consented in writing to the carrying out of the activity; or the activity is carried out under— a coordination arrangement mentioned in section 318CQ ; or a decision of the Land Court under section 318CS .\n(sec.318CR-ssec.2) However, if the adjacent lease was granted after the mining lease was granted and, when the adjacent lease was granted, the mining lease holder was carrying out the relevant activity, subsection (1) does not apply to the mining lease holder until the later of the following— 6 months after granting of the adjacent lease; if within the 6 months the mining lease holder applies to the Land Court under section 318CS —when the Land Court decides the application.\n(sec.318CR-ssec.3) In this section— relevant activity , for an adjacent lease or proposed adjacent lease, means— the mining, under the mining lease, of coal seam gas that comes, or is likely to come, from the part of the reservoir that is in the area of an adjacent lease or the proposed adjacent lease; or another authorised activity under the mining lease that physically adversely affects, or may physically adversely affect, the carrying out of authorised activities under an adjacent lease or the proposed adjacent lease.\n- (a) the adjacent lease holder, or the proposed adjacent lease holder, has consented in writing to the carrying out of the activity; or\n- (b) the activity is carried out under— (i) a coordination arrangement mentioned in section 318CQ ; or (ii) a decision of the Land Court under section 318CS .\n- (i) a coordination arrangement mentioned in section 318CQ ; or\n- (ii) a decision of the Land Court under section 318CS .\n- (i) a coordination arrangement mentioned in section 318CQ ; or\n- (ii) a decision of the Land Court under section 318CS .\n- (a) 6 months after granting of the adjacent lease;\n- (b) if within the 6 months the mining lease holder applies to the Land Court under section 318CS —when the Land Court decides the application.\n- (a) the mining, under the mining lease, of coal seam gas that comes, or is likely to come, from the part of the reservoir that is in the area of an adjacent lease or the proposed adjacent lease; or\n- (b) another authorised activity under the mining lease that physically adversely affects, or may physically adversely affect, the carrying out of authorised activities under an adjacent lease or the proposed adjacent lease.","sortOrder":596},{"sectionNumber":"sec.318CS","sectionType":"section","heading":"Dispute resolution by Land Court","content":"### sec.318CS Dispute resolution by Land Court\n\nThis section applies if—\nan adjacent lease holder, or the proposed adjacent lease holder, has not consented in writing to the carrying out of a relevant activity under section 318CR ; and\nthe mining lease holder and the adjacent lease holder or proposed adjacent lease holder (the parties ) have not made a coordination arrangement mentioned in section 318CQ .\nEither party may apply to the Land Court for it to decide—\nthe amount or proportion of any of the following that, when mined or produced, is owned by each party—\ncoal seam gas mentioned in section 318CR (1) ;\npetroleum; and\nhow the parties are to bear the costs of the mining or production; and\nhow the mining or production is to be coordinated or monitored; and\nfixing a distance from the boundary between the mining lease and the adjacent lease for mining coal seam gas from the reservoir\nremediation requirements, as prescribed under a regulation, in relation to the matters mentioned in section 318CR (3) , definition relevant activity , paragraph (b) .\nIf the adjacent lease was granted after the mining lease was granted, the decision may apply from the grant of the adjacent lease.\nIn making the decision, the Land Court—\nmust attempt to optimise mining under the mining lease and mining or production under the adjacent lease in a way that maximises the benefit for all Queenslanders; and\nmay make the decision without having regard to the issue of who would, under another Act or law, have otherwise owned the petroleum.\nIn considering the benefit to all Queenslanders, the Land Court must have regard to the public interest.\ns 318CS ins 2004 No. 25 s 1020 (amd 2004 No. 26 s 260 (15) – (17) )\namd 2007 No. 39 s 41 sch ; 2012 No. 20 s 125 sch 1\n(sec.318CS-ssec.1) This section applies if— an adjacent lease holder, or the proposed adjacent lease holder, has not consented in writing to the carrying out of a relevant activity under section 318CR ; and the mining lease holder and the adjacent lease holder or proposed adjacent lease holder (the parties ) have not made a coordination arrangement mentioned in section 318CQ .\n(sec.318CS-ssec.2) Either party may apply to the Land Court for it to decide— the amount or proportion of any of the following that, when mined or produced, is owned by each party— coal seam gas mentioned in section 318CR (1) ; petroleum; and how the parties are to bear the costs of the mining or production; and how the mining or production is to be coordinated or monitored; and fixing a distance from the boundary between the mining lease and the adjacent lease for mining coal seam gas from the reservoir remediation requirements, as prescribed under a regulation, in relation to the matters mentioned in section 318CR (3) , definition relevant activity , paragraph (b) .\n(sec.318CS-ssec.3) If the adjacent lease was granted after the mining lease was granted, the decision may apply from the grant of the adjacent lease.\n(sec.318CS-ssec.4) In making the decision, the Land Court— must attempt to optimise mining under the mining lease and mining or production under the adjacent lease in a way that maximises the benefit for all Queenslanders; and may make the decision without having regard to the issue of who would, under another Act or law, have otherwise owned the petroleum.\n(sec.318CS-ssec.5) In considering the benefit to all Queenslanders, the Land Court must have regard to the public interest.\n- (a) an adjacent lease holder, or the proposed adjacent lease holder, has not consented in writing to the carrying out of a relevant activity under section 318CR ; and\n- (b) the mining lease holder and the adjacent lease holder or proposed adjacent lease holder (the parties ) have not made a coordination arrangement mentioned in section 318CQ .\n- (a) the amount or proportion of any of the following that, when mined or produced, is owned by each party— (i) coal seam gas mentioned in section 318CR (1) ; (ii) petroleum; and\n- (i) coal seam gas mentioned in section 318CR (1) ;\n- (ii) petroleum; and\n- (b) how the parties are to bear the costs of the mining or production; and\n- (c) how the mining or production is to be coordinated or monitored; and Example for paragraph (c) — fixing a distance from the boundary between the mining lease and the adjacent lease for mining coal seam gas from the reservoir\n- (d) remediation requirements, as prescribed under a regulation, in relation to the matters mentioned in section 318CR (3) , definition relevant activity , paragraph (b) .\n- (i) coal seam gas mentioned in section 318CR (1) ;\n- (ii) petroleum; and\n- (a) must attempt to optimise mining under the mining lease and mining or production under the adjacent lease in a way that maximises the benefit for all Queenslanders; and\n- (b) may make the decision without having regard to the issue of who would, under another Act or law, have otherwise owned the petroleum.","sortOrder":597},{"sectionNumber":"ch.8-pt.8-div.3","sectionType":"division","heading":"Conditions","content":"## Conditions","sortOrder":598},{"sectionNumber":"sec.318CT","sectionType":"section","heading":"Continuing requirement for coordination arrangement for particular coal or oil shale mining leases","content":"### sec.318CT Continuing requirement for coordination arrangement for particular coal or oil shale mining leases\n\nThis section applies if—\na coal mining lease or an oil shale mining lease is granted over land in the area of a petroleum lease and the application for the mining lease was not made by or jointly with the petroleum lease holder; or\na coal mining lease holder or an oil shale mining lease holder is a party to a coordination arrangement mentioned in section 318DO .\nIt is a condition of the mining lease that—\nits holder must continue to be party to a relevant coordination arrangement; and\nauthorised activities for the mining lease must not be carried out if there is no relevant coordination arrangement.\nIn this section—\nrelevant coordination arrangement means a coordination arrangement with the relevant petroleum lease holder about—\ncoal or oil shale mining and any incidental coal seam gas mining under the mining lease; and\npetroleum production under the petroleum lease.\ns 318CT ins 2004 No. 25 s 1020\n(sec.318CT-ssec.1) This section applies if— a coal mining lease or an oil shale mining lease is granted over land in the area of a petroleum lease and the application for the mining lease was not made by or jointly with the petroleum lease holder; or a coal mining lease holder or an oil shale mining lease holder is a party to a coordination arrangement mentioned in section 318DO .\n(sec.318CT-ssec.2) It is a condition of the mining lease that— its holder must continue to be party to a relevant coordination arrangement; and authorised activities for the mining lease must not be carried out if there is no relevant coordination arrangement.\n(sec.318CT-ssec.3) In this section— relevant coordination arrangement means a coordination arrangement with the relevant petroleum lease holder about— coal or oil shale mining and any incidental coal seam gas mining under the mining lease; and petroleum production under the petroleum lease.\n- (a) a coal mining lease or an oil shale mining lease is granted over land in the area of a petroleum lease and the application for the mining lease was not made by or jointly with the petroleum lease holder; or\n- (b) a coal mining lease holder or an oil shale mining lease holder is a party to a coordination arrangement mentioned in section 318DO .\n- (a) its holder must continue to be party to a relevant coordination arrangement; and\n- (b) authorised activities for the mining lease must not be carried out if there is no relevant coordination arrangement.\n- (a) coal or oil shale mining and any incidental coal seam gas mining under the mining lease; and\n- (b) petroleum production under the petroleum lease.","sortOrder":599},{"sectionNumber":"sec.318CU","sectionType":"section","heading":"Obligation to measure and record coal seam gas mined","content":"### sec.318CU Obligation to measure and record coal seam gas mined\n\nIt is a condition of each coal or oil shale mining lease that its holder must—\nuse a meter to record the volume of coal seam gas mined in the area of the lease; and\nNoncompliance with the conditions under this section may also be an offence. See the Petroleum and Gas (Production and Safety) Act , sections 15 (When petroleum is produced ) and 801 (Petroleum producer’s measurement obligations).\ncomply with the provisions of the Petroleum and Gas (Production and Safety) Act , chapter 8 , parts 1 and 2 , to the extent the provisions are relevant to the meter and its use; and\nensure—\neach designated CSG product mined is measured by a meter, in accordance with the relevant measurement scheme under the Petroleum and Gas (Production and Safety) Act for the meter; and\nSee the Petroleum and Gas (Production and Safety) Act , section 631 (What is a meter ) and chapter 8 , part 2 (Measurement schemes).\nthe meter complies with any requirements under the Petroleum and Gas (Production and Safety) Act ; and\nthe measurement is made at the times and in the way required under the Petroleum and Gas (Production and Safety) Act ; and\nthe measurement measures—\neach designated CSG product separately to each other type of product mentioned in the Petroleum and Gas (Production and Safety) Act , section 801 (2) ; and\nthe percentage of methane in each designated CSG product measured.\nIn this section—\nmeter means a meter as defined under the Petroleum and Gas (Production and Safety) Act , section 631 .\ns 318CU ins 2004 No. 25 s 1020\namd 2005 No. 3 s 105 sch ; 2007 No. 46 s 82 ; 2012 No. 20 s 125 sch 1\n(sec.318CU-ssec.1) It is a condition of each coal or oil shale mining lease that its holder must— use a meter to record the volume of coal seam gas mined in the area of the lease; and Noncompliance with the conditions under this section may also be an offence. See the Petroleum and Gas (Production and Safety) Act , sections 15 (When petroleum is produced ) and 801 (Petroleum producer’s measurement obligations). comply with the provisions of the Petroleum and Gas (Production and Safety) Act , chapter 8 , parts 1 and 2 , to the extent the provisions are relevant to the meter and its use; and ensure— each designated CSG product mined is measured by a meter, in accordance with the relevant measurement scheme under the Petroleum and Gas (Production and Safety) Act for the meter; and See the Petroleum and Gas (Production and Safety) Act , section 631 (What is a meter ) and chapter 8 , part 2 (Measurement schemes). the meter complies with any requirements under the Petroleum and Gas (Production and Safety) Act ; and the measurement is made at the times and in the way required under the Petroleum and Gas (Production and Safety) Act ; and the measurement measures— each designated CSG product separately to each other type of product mentioned in the Petroleum and Gas (Production and Safety) Act , section 801 (2) ; and the percentage of methane in each designated CSG product measured.\n(sec.318CU-ssec.2) In this section— meter means a meter as defined under the Petroleum and Gas (Production and Safety) Act , section 631 .\n- (a) use a meter to record the volume of coal seam gas mined in the area of the lease; and Note— Noncompliance with the conditions under this section may also be an offence. See the Petroleum and Gas (Production and Safety) Act , sections 15 (When petroleum is produced ) and 801 (Petroleum producer’s measurement obligations).\n- (b) comply with the provisions of the Petroleum and Gas (Production and Safety) Act , chapter 8 , parts 1 and 2 , to the extent the provisions are relevant to the meter and its use; and\n- (c) ensure— (i) each designated CSG product mined is measured by a meter, in accordance with the relevant measurement scheme under the Petroleum and Gas (Production and Safety) Act for the meter; and Note— See the Petroleum and Gas (Production and Safety) Act , section 631 (What is a meter ) and chapter 8 , part 2 (Measurement schemes). (ii) the meter complies with any requirements under the Petroleum and Gas (Production and Safety) Act ; and (iii) the measurement is made at the times and in the way required under the Petroleum and Gas (Production and Safety) Act ; and (iv) the measurement measures— (A) each designated CSG product separately to each other type of product mentioned in the Petroleum and Gas (Production and Safety) Act , section 801 (2) ; and (B) the percentage of methane in each designated CSG product measured.\n- (i) each designated CSG product mined is measured by a meter, in accordance with the relevant measurement scheme under the Petroleum and Gas (Production and Safety) Act for the meter; and Note— See the Petroleum and Gas (Production and Safety) Act , section 631 (What is a meter ) and chapter 8 , part 2 (Measurement schemes).\n- (ii) the meter complies with any requirements under the Petroleum and Gas (Production and Safety) Act ; and\n- (iii) the measurement is made at the times and in the way required under the Petroleum and Gas (Production and Safety) Act ; and\n- (iv) the measurement measures— (A) each designated CSG product separately to each other type of product mentioned in the Petroleum and Gas (Production and Safety) Act , section 801 (2) ; and (B) the percentage of methane in each designated CSG product measured.\n- (A) each designated CSG product separately to each other type of product mentioned in the Petroleum and Gas (Production and Safety) Act , section 801 (2) ; and\n- (B) the percentage of methane in each designated CSG product measured.\n- (i) each designated CSG product mined is measured by a meter, in accordance with the relevant measurement scheme under the Petroleum and Gas (Production and Safety) Act for the meter; and Note— See the Petroleum and Gas (Production and Safety) Act , section 631 (What is a meter ) and chapter 8 , part 2 (Measurement schemes).\n- (ii) the meter complies with any requirements under the Petroleum and Gas (Production and Safety) Act ; and\n- (iii) the measurement is made at the times and in the way required under the Petroleum and Gas (Production and Safety) Act ; and\n- (iv) the measurement measures— (A) each designated CSG product separately to each other type of product mentioned in the Petroleum and Gas (Production and Safety) Act , section 801 (2) ; and (B) the percentage of methane in each designated CSG product measured.\n- (A) each designated CSG product separately to each other type of product mentioned in the Petroleum and Gas (Production and Safety) Act , section 801 (2) ; and\n- (B) the percentage of methane in each designated CSG product measured.\n- (A) each designated CSG product separately to each other type of product mentioned in the Petroleum and Gas (Production and Safety) Act , section 801 (2) ; and\n- (B) the percentage of methane in each designated CSG product measured.","sortOrder":600},{"sectionNumber":"sec.318CV","sectionType":"section","heading":null,"content":"### Section sec.318CV\n\ns 318CV ins 2004 No. 25 s 1020 (amd 2004 No. 26 s 260 (18) – (22) )\namd 2005 No. 3 s 105 sch ; 2007 No. 46 s 83 ; 2012 No. 20 s 125 sch 1 , s 281 sch 2\nom 2018 No. 24 s 136","sortOrder":601},{"sectionNumber":"sec.318CW","sectionType":"section","heading":"Compliance with obligation to negotiate with petroleum lease applicant","content":"### sec.318CW Compliance with obligation to negotiate with petroleum lease applicant\n\nIf the obligation under the Petroleum and Gas (Production and Safety) Act , section 349 , applies to a coal mining lease holder or an oil shale mining lease holder, it is a condition of the mining lease that the holder must comply with the obligation.\ns 318CW ins 2004 No. 25 s 1020","sortOrder":602},{"sectionNumber":"sec.318CX","sectionType":"section","heading":null,"content":"### Section sec.318CX\n\ns 318CX ins 2004 No. 25 s 1020 (amd 2004 No. 26 s 260 (23) )\nom 2018 No. 24 s 137","sortOrder":603},{"sectionNumber":"sec.318CY","sectionType":"section","heading":null,"content":"### Section sec.318CY\n\ns 318CY ins 2004 No. 25 s 1020 (amd 2004 No. 26 s 260 (24) )\nom 2018 No. 24 s 138","sortOrder":604},{"sectionNumber":"sec.318CZ","sectionType":"section","heading":"Cessation of relinquishment condition for area not overlapping with area of authority to prospect","content":"### sec.318CZ Cessation of relinquishment condition for area not overlapping with area of authority to prospect\n\nIf—\na coal mining lease or an oil shale mining lease contains a relinquishment condition; and\nall or part of the area of the mining lease ceases to be in the area of an authority to prospect (the relevant land );\nthe condition ceases to apply for the relevant land.\ns 318CZ ins 2004 No. 25 s 1020\namd 2012 No. 20 s 125 sch 1\n- (a) a coal mining lease or an oil shale mining lease contains a relinquishment condition; and\n- (b) all or part of the area of the mining lease ceases to be in the area of an authority to prospect (the relevant land );","sortOrder":605},{"sectionNumber":"ch.8-pt.8-div.4","sectionType":"division","heading":"Amendment of relinquishment condition by application","content":"## Amendment of relinquishment condition by application","sortOrder":606},{"sectionNumber":"sec.318D","sectionType":"section","heading":"Application of div 4","content":"### sec.318D Application of div 4\n\nThis division applies if a coal mining lease or an oil shale mining lease contains a relinquishment condition and all or part of the area of the mining lease is in the area of an authority to prospect.\ns 318D ins 2004 No. 25 s 1020\namd 2012 No. 20 s 323 sch 3","sortOrder":607},{"sectionNumber":"sec.318DA","sectionType":"section","heading":"Conditions for applying to amend relinquishment condition","content":"### sec.318DA Conditions for applying to amend relinquishment condition\n\nThe mining lease holder may apply for the amendment of the condition only if the applicant has, before making the application—\nmade reasonable attempts to consult with the authority to prospect holder about—\nthe proposed amendment; and\na proposed later development plan for the lease; and\nchanged the proposed amendment and the proposed development plan to give effect to any reasonable proposal by the authority holder that will optimise—\ncoal or oil shale or incidental coal seam gas mining under the amended mining lease; and\npetroleum production under any future petroleum lease over the land.\nHowever, subsection (1) (b) applies only to the extent the proposal is commercially and technically feasible for the applicant.\ns 318DA ins 2004 No. 25 s 1020 (amd 2004 No. 26 s 69 (2) sch )\n(sec.318DA-ssec.1) The mining lease holder may apply for the amendment of the condition only if the applicant has, before making the application— made reasonable attempts to consult with the authority to prospect holder about— the proposed amendment; and a proposed later development plan for the lease; and changed the proposed amendment and the proposed development plan to give effect to any reasonable proposal by the authority holder that will optimise— coal or oil shale or incidental coal seam gas mining under the amended mining lease; and petroleum production under any future petroleum lease over the land.\n(sec.318DA-ssec.2) However, subsection (1) (b) applies only to the extent the proposal is commercially and technically feasible for the applicant.\n- (a) made reasonable attempts to consult with the authority to prospect holder about— (i) the proposed amendment; and (ii) a proposed later development plan for the lease; and\n- (i) the proposed amendment; and\n- (ii) a proposed later development plan for the lease; and\n- (b) changed the proposed amendment and the proposed development plan to give effect to any reasonable proposal by the authority holder that will optimise— (i) coal or oil shale or incidental coal seam gas mining under the amended mining lease; and (ii) petroleum production under any future petroleum lease over the land.\n- (i) coal or oil shale or incidental coal seam gas mining under the amended mining lease; and\n- (ii) petroleum production under any future petroleum lease over the land.\n- (i) the proposed amendment; and\n- (ii) a proposed later development plan for the lease; and\n- (i) coal or oil shale or incidental coal seam gas mining under the amended mining lease; and\n- (ii) petroleum production under any future petroleum lease over the land.","sortOrder":608},{"sectionNumber":"sec.318DB","sectionType":"section","heading":"Authority to prospect holder’s obligation to negotiate","content":"### sec.318DB Authority to prospect holder’s obligation to negotiate\n\nThe authority to prospect holder must, if asked by the mining lease holder, use reasonable attempts to reach an agreement with the mining lease holder, about the matters mentioned in section 318DA (1) (b) , that provides the best resource use outcome without significantly affecting the parties’ rights or interests.\nFor confidentiality obligations of tenure holders or persons who have applied for a tenure, see part 10 .\ns 318DB ins 2004 No. 25 s 1020\namd 2012 No. 20 s 125 sch 1 , s 323 sch 3","sortOrder":609},{"sectionNumber":"sec.318DC","sectionType":"section","heading":"Requirements for making application","content":"### sec.318DC Requirements for making application\n\nThe application must—\nbe in the approved form; and\nstate whether or not the development plan for the mining lease has been complied with; and\nif the development plan for the lease has not been complied with—state details of, and the reasons for, each noncompliance; and\ninclude a CSG statement; and\ninclude a proposed later development plan for the lease as amended under section 318DA ; and\ninclude a statement about each of the following—\nthe details of the consultation carried out under section 318DA (1) (a) ;\nthe results of the consultation;\nwhether the proposed development plan includes all provisions proposed by the authority to prospect holder under section 318DA (1) (b) ;\nif the proposed development plan does not include a provision proposed by the authority holder—why it was not included;\nthe applicant’s assessment of the potential for the applicant and the authority holder to make a coordination arrangement about—\ncoal or oil shale or incidental coal seam gas mining under the amended mining lease; and\npetroleum production under any future petroleum lease over the land that may be granted to the authority holder; and\nbe accompanied by the fee prescribed under a regulation.\ns 318DC ins 2004 No. 25 s 1020\namd 2012 No. 20 s 281 sch 2\n- (a) be in the approved form; and\n- (b) state whether or not the development plan for the mining lease has been complied with; and\n- (c) if the development plan for the lease has not been complied with—state details of, and the reasons for, each noncompliance; and\n- (d) include a CSG statement; and\n- (e) include a proposed later development plan for the lease as amended under section 318DA ; and\n- (f) include a statement about each of the following— (i) the details of the consultation carried out under section 318DA (1) (a) ; (ii) the results of the consultation; (iii) whether the proposed development plan includes all provisions proposed by the authority to prospect holder under section 318DA (1) (b) ; (iv) if the proposed development plan does not include a provision proposed by the authority holder—why it was not included; (v) the applicant’s assessment of the potential for the applicant and the authority holder to make a coordination arrangement about— (A) coal or oil shale or incidental coal seam gas mining under the amended mining lease; and (B) petroleum production under any future petroleum lease over the land that may be granted to the authority holder; and\n- (i) the details of the consultation carried out under section 318DA (1) (a) ;\n- (ii) the results of the consultation;\n- (iii) whether the proposed development plan includes all provisions proposed by the authority to prospect holder under section 318DA (1) (b) ;\n- (iv) if the proposed development plan does not include a provision proposed by the authority holder—why it was not included;\n- (v) the applicant’s assessment of the potential for the applicant and the authority holder to make a coordination arrangement about— (A) coal or oil shale or incidental coal seam gas mining under the amended mining lease; and (B) petroleum production under any future petroleum lease over the land that may be granted to the authority holder; and\n- (A) coal or oil shale or incidental coal seam gas mining under the amended mining lease; and\n- (B) petroleum production under any future petroleum lease over the land that may be granted to the authority holder; and\n- (g) be accompanied by the fee prescribed under a regulation.\n- (i) the details of the consultation carried out under section 318DA (1) (a) ;\n- (ii) the results of the consultation;\n- (iii) whether the proposed development plan includes all provisions proposed by the authority to prospect holder under section 318DA (1) (b) ;\n- (iv) if the proposed development plan does not include a provision proposed by the authority holder—why it was not included;\n- (v) the applicant’s assessment of the potential for the applicant and the authority holder to make a coordination arrangement about— (A) coal or oil shale or incidental coal seam gas mining under the amended mining lease; and (B) petroleum production under any future petroleum lease over the land that may be granted to the authority holder; and\n- (A) coal or oil shale or incidental coal seam gas mining under the amended mining lease; and\n- (B) petroleum production under any future petroleum lease over the land that may be granted to the authority holder; and\n- (A) coal or oil shale or incidental coal seam gas mining under the amended mining lease; and\n- (B) petroleum production under any future petroleum lease over the land that may be granted to the authority holder; and","sortOrder":610},{"sectionNumber":"sec.318DD","sectionType":"section","heading":"Notice of application","content":"### sec.318DD Notice of application\n\nThe applicant must immediately after making the application give the authority to prospect holder a copy of the application.\ns 318DD ins 2004 No. 25 s 1020","sortOrder":611},{"sectionNumber":"sec.318DE","sectionType":"section","heading":"Submissions by authority to prospect holder","content":"### sec.318DE Submissions by authority to prospect holder\n\nThe authority to prospect holder may lodge submissions about the application.\nSee also part 10 .\nHowever, the submissions may be lodged only within 20 business days after the holder is, under section 318DD , given a copy of the application.\nThe submissions may include any of the following—\ninformation about all or any of the following—\nexploration carried out under the authority to prospect;\nthe results of the exploration;\nthe prospects for future petroleum production from the land;\na proposal by the authority holder for petroleum production from the land;\ninformation relevant to the CSG assessment criteria.\nFor confidentiality obligations of tenure holders or persons who have applied for a tenure, see part 10 .\nThe holder must give the applicant a copy of the submissions.\nIn deciding the application, regard must be had to the submissions.\ns 318DE ins 2004 No. 25 s 1020\namd 2012 No. 20 s 125 sch 1 , s 281 sch 2 , s 323 sch 3\n(sec.318DE-ssec.1) The authority to prospect holder may lodge submissions about the application. See also part 10 .\n(sec.318DE-ssec.2) However, the submissions may be lodged only within 20 business days after the holder is, under section 318DD , given a copy of the application.\n(sec.318DE-ssec.3) The submissions may include any of the following— information about all or any of the following— exploration carried out under the authority to prospect; the results of the exploration; the prospects for future petroleum production from the land; a proposal by the authority holder for petroleum production from the land; information relevant to the CSG assessment criteria. For confidentiality obligations of tenure holders or persons who have applied for a tenure, see part 10 .\n(sec.318DE-ssec.4) The holder must give the applicant a copy of the submissions.\n(sec.318DE-ssec.5) In deciding the application, regard must be had to the submissions.\n- (a) information about all or any of the following— (i) exploration carried out under the authority to prospect; (ii) the results of the exploration; (iii) the prospects for future petroleum production from the land;\n- (i) exploration carried out under the authority to prospect;\n- (ii) the results of the exploration;\n- (iii) the prospects for future petroleum production from the land;\n- (b) a proposal by the authority holder for petroleum production from the land;\n- (c) information relevant to the CSG assessment criteria.\n- (i) exploration carried out under the authority to prospect;\n- (ii) the results of the exploration;\n- (iii) the prospects for future petroleum production from the land;","sortOrder":612},{"sectionNumber":"sec.318DF","sectionType":"section","heading":"Minister may require further negotiation","content":"### sec.318DF Minister may require further negotiation\n\nThe Minister may, by written notice, require the applicant to conduct negotiations with the authority to prospect holder with a view to making changes of a type mentioned in section 318DA (1) (b) .\nThe applicant must use all reasonable attempts to comply with the requirement.\nIf the Minister is reasonably satisfied the applicant has not complied with the requirement the Minister may decide to refuse the application.\ns 318DF ins 2004 No. 25 s 1020\n(sec.318DF-ssec.1) The Minister may, by written notice, require the applicant to conduct negotiations with the authority to prospect holder with a view to making changes of a type mentioned in section 318DA (1) (b) .\n(sec.318DF-ssec.2) The applicant must use all reasonable attempts to comply with the requirement.\n(sec.318DF-ssec.3) If the Minister is reasonably satisfied the applicant has not complied with the requirement the Minister may decide to refuse the application.","sortOrder":613},{"sectionNumber":"sec.318DG","sectionType":"section","heading":"Deciding amendment application","content":"### sec.318DG Deciding amendment application\n\nBefore deciding to grant the application, the Minister must decide whether to approve the applicant’s proposed later development plan for the mining lease.\nThe application can not be granted unless the proposed plan has been approved.\nPart 9 , division 4 applies for deciding whether to approve the proposed development plan.\nThe matters that must be considered in deciding the application include each of the following—\nthe CSG assessment criteria;\nwhether the applicant has taken all reasonable steps to comply with the relinquishment condition;\nthe effect of any approval of later development plans for the lease;\nany submissions under section 318DE lodged within the period mentioned in section 318DE (2) .\nAfter the application has been decided, the applicant and the coal or oil shale exploration tenement holder must be given notice of the decision.\ns 318DG ins 2004 No. 25 s 1020 (amd 2004 No. 26 s 260 (25) )\namd 2012 No. 20 s 323 sch 3\n(sec.318DG-ssec.1) Before deciding to grant the application, the Minister must decide whether to approve the applicant’s proposed later development plan for the mining lease.\n(sec.318DG-ssec.2) The application can not be granted unless the proposed plan has been approved.\n(sec.318DG-ssec.3) Part 9 , division 4 applies for deciding whether to approve the proposed development plan.\n(sec.318DG-ssec.4) The matters that must be considered in deciding the application include each of the following— the CSG assessment criteria; whether the applicant has taken all reasonable steps to comply with the relinquishment condition; the effect of any approval of later development plans for the lease; any submissions under section 318DE lodged within the period mentioned in section 318DE (2) .\n(sec.318DG-ssec.5) After the application has been decided, the applicant and the coal or oil shale exploration tenement holder must be given notice of the decision.\n- (a) the CSG assessment criteria;\n- (b) whether the applicant has taken all reasonable steps to comply with the relinquishment condition;\n- (c) the effect of any approval of later development plans for the lease;\n- (d) any submissions under section 318DE lodged within the period mentioned in section 318DE (2) .","sortOrder":614},{"sectionNumber":"ch.8-pt.8-div.5","sectionType":"division","heading":"Restriction on amending other conditions","content":"## Restriction on amending other conditions","sortOrder":615},{"sectionNumber":"sec.318DH","sectionType":"section","heading":"Interests of relevant petroleum tenure holder to be considered","content":"### sec.318DH Interests of relevant petroleum tenure holder to be considered\n\nAn amendment under section 294 of a condition of a coal mining lease or an oil shale mining lease must not be made unless the interests of any relevant petroleum tenure holder have been considered.\ns 318DH ins 2004 No. 25 s 1020\namd 2012 No. 20 s 281 sch 2","sortOrder":616},{"sectionNumber":"ch.8-pt.8-div.6","sectionType":"division","heading":"Renewals","content":"## Renewals","sortOrder":617},{"sectionNumber":"sec.318DI","sectionType":"section","heading":"General additional provisions for renewal application","content":"### sec.318DI General additional provisions for renewal application\n\nThis section and section 318DJ contain additional provisions for an application to renew a coal mining lease or an oil shale mining lease.\nFor particular requirements for an application to renew a mining lease, see section 286 .\nThe application must—\nstate whether the current development plan for the lease has been complied with; and\nif the development plan has not been complied with—state the details of, and the reasons for, each noncompliance; and\ninclude a proposed later development plan for the renewed lease, that complies with the later development plan requirements.\nSee section 318ED .\nThe application can not be made after the lease has ended.\nIf the application is made less than 6 months before the end of the term of the lease, the application must be accompanied by an amount that is 10 times the renewal fee prescribed under section 286 (2) (b) .\ns 318DI ins 2004 No. 25 s 1020 (amd 2004 No. 26 s 260 (26) )\namd 2008 No. 56 s 19 sch ; 2012 No. 20 s 125 sch 1\n(sec.318DI-ssec.1) This section and section 318DJ contain additional provisions for an application to renew a coal mining lease or an oil shale mining lease. For particular requirements for an application to renew a mining lease, see section 286 .\n(sec.318DI-ssec.2) The application must— state whether the current development plan for the lease has been complied with; and if the development plan has not been complied with—state the details of, and the reasons for, each noncompliance; and include a proposed later development plan for the renewed lease, that complies with the later development plan requirements. See section 318ED .\n(sec.318DI-ssec.3) The application can not be made after the lease has ended.\n(sec.318DI-ssec.4) If the application is made less than 6 months before the end of the term of the lease, the application must be accompanied by an amount that is 10 times the renewal fee prescribed under section 286 (2) (b) .\n- (a) state whether the current development plan for the lease has been complied with; and\n- (b) if the development plan has not been complied with—state the details of, and the reasons for, each noncompliance; and\n- (c) include a proposed later development plan for the renewed lease, that complies with the later development plan requirements. Note— See section 318ED .","sortOrder":618},{"sectionNumber":"sec.318DJ","sectionType":"section","heading":"Applied provisions for renewal application","content":"### sec.318DJ Applied provisions for renewal application\n\nThe adopted provisions apply for any renewal application for a coal mining lease or an oil shale mining lease—\nas if the mining lease holder had lodged a proposed later development plan; and\nas if a reference in the adopted provisions—\nto the application were a reference to the renewal application; and\nto a mining lease were a reference to a renewed mining lease; and\nto a proposed development plan were a reference to a proposed later development plan; and\nwith other necessary changes.\nIn this section—\nadopted provisions means—\nsections 318DZ and 318E ; and\npart 9 , division 4 ; and\nif all or part of the area of the mining lease is in the area of an authority to prospect and the applicant does not hold the authority to prospect— part 2 , divisions 2 and 4 ; and\nif all or part of the area of the mining lease is in the area of an authority to prospect and the applicant holds the authority to prospect— part 3 , other than sections 318BQ and 318BR ; and\nif all or part of the land in the area of the mining lease is in the area of a petroleum lease and the mining lease holder is not a holder of the petroleum lease— part 5 , other than section 318BY .\ns 318DJ ins 2004 No. 25 s 1020\namd 2007 No. 46 s 84 ; 2008 No. 56 s 19 sch ; 2012 No. 20 s 323 sch 3\n(sec.318DJ-ssec.1) The adopted provisions apply for any renewal application for a coal mining lease or an oil shale mining lease— as if the mining lease holder had lodged a proposed later development plan; and as if a reference in the adopted provisions— to the application were a reference to the renewal application; and to a mining lease were a reference to a renewed mining lease; and to a proposed development plan were a reference to a proposed later development plan; and with other necessary changes.\n(sec.318DJ-ssec.2) In this section— adopted provisions means— sections 318DZ and 318E ; and part 9 , division 4 ; and if all or part of the area of the mining lease is in the area of an authority to prospect and the applicant does not hold the authority to prospect— part 2 , divisions 2 and 4 ; and if all or part of the area of the mining lease is in the area of an authority to prospect and the applicant holds the authority to prospect— part 3 , other than sections 318BQ and 318BR ; and if all or part of the land in the area of the mining lease is in the area of a petroleum lease and the mining lease holder is not a holder of the petroleum lease— part 5 , other than section 318BY .\n- (a) as if the mining lease holder had lodged a proposed later development plan; and\n- (b) as if a reference in the adopted provisions— (i) to the application were a reference to the renewal application; and (ii) to a mining lease were a reference to a renewed mining lease; and (iii) to a proposed development plan were a reference to a proposed later development plan; and\n- (i) to the application were a reference to the renewal application; and\n- (ii) to a mining lease were a reference to a renewed mining lease; and\n- (iii) to a proposed development plan were a reference to a proposed later development plan; and\n- (c) with other necessary changes.\n- (i) to the application were a reference to the renewal application; and\n- (ii) to a mining lease were a reference to a renewed mining lease; and\n- (iii) to a proposed development plan were a reference to a proposed later development plan; and\n- (a) sections 318DZ and 318E ; and\n- (b) part 9 , division 4 ; and\n- (c) if all or part of the area of the mining lease is in the area of an authority to prospect and the applicant does not hold the authority to prospect— part 2 , divisions 2 and 4 ; and\n- (d) if all or part of the area of the mining lease is in the area of an authority to prospect and the applicant holds the authority to prospect— part 3 , other than sections 318BQ and 318BR ; and\n- (e) if all or part of the land in the area of the mining lease is in the area of a petroleum lease and the mining lease holder is not a holder of the petroleum lease— part 5 , other than section 318BY .","sortOrder":619},{"sectionNumber":"sec.318DK","sectionType":"section","heading":"Mining lease taken to have development plan until renewal application decided","content":"### sec.318DK Mining lease taken to have development plan until renewal application decided\n\nThis section applies until the happening of the following event if an application to renew a coal mining lease or an oil shale mining lease is made and the application complies with this part—\nif it is decided to renew the lease—the lease holder is given notice of the renewal;\nif it is decided not to renew the lease—the decision not to renew takes effect.\nFor when the decision takes effect, see section 318EH , as applied under section 318DJ .\nDespite the ending of the plan period for the current development plan for the lease—\nthe mining lease is taken to have a development plan; and\nthe holder may carry out any authorised activity for the lease.\ns 318DK ins 2004 No. 25 s 1020\namd 2012 No. 20 s 125 sch 1 , s 323 sch 3\n(sec.318DK-ssec.1) This section applies until the happening of the following event if an application to renew a coal mining lease or an oil shale mining lease is made and the application complies with this part— if it is decided to renew the lease—the lease holder is given notice of the renewal; if it is decided not to renew the lease—the decision not to renew takes effect. For when the decision takes effect, see section 318EH , as applied under section 318DJ .\n(sec.318DK-ssec.2) Despite the ending of the plan period for the current development plan for the lease— the mining lease is taken to have a development plan; and the holder may carry out any authorised activity for the lease.\n- (a) if it is decided to renew the lease—the lease holder is given notice of the renewal;\n- (b) if it is decided not to renew the lease—the decision not to renew takes effect. Note— For when the decision takes effect, see section 318EH , as applied under section 318DJ .\n- (a) the mining lease is taken to have a development plan; and\n- (b) the holder may carry out any authorised activity for the lease.","sortOrder":620},{"sectionNumber":"ch.8-pt.8-div.7","sectionType":"division","heading":"Consolidations","content":"## Consolidations","sortOrder":621},{"sectionNumber":"sec.318DL","sectionType":"section","heading":"Restriction on consolidation applications","content":"### sec.318DL Restriction on consolidation applications\n\nA coal mining lease holder or an oil shale mining lease holder can not apply to consolidate the lease with another type of mining lease.\ns 318DL ins 2004 No. 25 s 1020","sortOrder":622},{"sectionNumber":"sec.318DM","sectionType":"section","heading":"Additional requirements for making consolidation application","content":"### sec.318DM Additional requirements for making consolidation application\n\nThis section applies if an application under section 299 is made to consolidate coal mining leases or oil shale mining leases.\nThe application must—\ninclude a proposed development plan for the consolidated mining lease; and\nbe accompanied by the fee prescribed under a regulation.\nThe proposed plan must comply with the later development plan requirements.\nFor requirements for proposed initial development plans, see part 9 , division 2 .\nThe fee prescribed under section 299 need not accompany the application.\ns 318DM ins 2004 No. 25 s 1020 (amd 2004 No. 26 s 260 (27) )\namd 2012 No. 20 s 125 sch 1 , s 323 sch 3\n(sec.318DM-ssec.1) This section applies if an application under section 299 is made to consolidate coal mining leases or oil shale mining leases.\n(sec.318DM-ssec.2) The application must— include a proposed development plan for the consolidated mining lease; and be accompanied by the fee prescribed under a regulation.\n(sec.318DM-ssec.3) The proposed plan must comply with the later development plan requirements. For requirements for proposed initial development plans, see part 9 , division 2 .\n(sec.318DM-ssec.4) The fee prescribed under section 299 need not accompany the application.\n- (a) include a proposed development plan for the consolidated mining lease; and\n- (b) be accompanied by the fee prescribed under a regulation.","sortOrder":623},{"sectionNumber":"sec.318DN","sectionType":"section","heading":"Deciding whether to approve proposed development plan","content":"### sec.318DN Deciding whether to approve proposed development plan\n\nSections 318EF to 318EH apply to a proposed development plan included in an application under section 299 —\nas if the proposed plan were a proposed later development plan lodged under section 318EB ; and\nas if a reference in the sections to the approval of a proposed later development plan were a reference to the proposed development plan for the consolidated lease; and\nwith other necessary changes.\ns 318DN ins 2004 No. 25 s 1020\n- (a) as if the proposed plan were a proposed later development plan lodged under section 318EB ; and\n- (b) as if a reference in the sections to the approval of a proposed later development plan were a reference to the proposed development plan for the consolidated lease; and\n- (c) with other necessary changes.","sortOrder":624},{"sectionNumber":"ch.8-pt.8-div.8","sectionType":"division","heading":"Restriction on transfer or subletting","content":"## Restriction on transfer or subletting","sortOrder":625},{"sectionNumber":"sec.318DO","sectionType":"section","heading":"Requirement for coordination arrangement to transfer or sublet mining lease in area of petroleum lease","content":"### sec.318DO Requirement for coordination arrangement to transfer or sublet mining lease in area of petroleum lease\n\nThis section applies if land in the area of a coal mining lease or an oil shale mining lease is also in the area of a petroleum lease.\nThe chief executive must not, under the Common Provisions Act , register a transfer or sublease of the mining lease unless the proposed transferee or sublessee and the petroleum lease holder are—\nthe same entity; or\nparties to a coordination arrangement about—\ncoal or oil shale mining and any incidental coal seam gas under the mining lease; and\npetroleum production under the petroleum lease.\nFor matters about coordination arrangements, see the Petroleum and Gas (Production and Safety) Act , chapter 2 , part 8 .\ns 318DO ins 2004 No. 25 s 1020\namd 2012 No. 20 ss 221 , 125 sch 1 ; 2014 No. 47 s 368 ; 2020 No. 14 s 143\n(sec.318DO-ssec.1) This section applies if land in the area of a coal mining lease or an oil shale mining lease is also in the area of a petroleum lease.\n(sec.318DO-ssec.2) The chief executive must not, under the Common Provisions Act , register a transfer or sublease of the mining lease unless the proposed transferee or sublessee and the petroleum lease holder are— the same entity; or parties to a coordination arrangement about— coal or oil shale mining and any incidental coal seam gas under the mining lease; and petroleum production under the petroleum lease. For matters about coordination arrangements, see the Petroleum and Gas (Production and Safety) Act , chapter 2 , part 8 .\n- (a) the same entity; or\n- (b) parties to a coordination arrangement about— (i) coal or oil shale mining and any incidental coal seam gas under the mining lease; and (ii) petroleum production under the petroleum lease.\n- (i) coal or oil shale mining and any incidental coal seam gas under the mining lease; and\n- (ii) petroleum production under the petroleum lease.\n- (i) coal or oil shale mining and any incidental coal seam gas under the mining lease; and\n- (ii) petroleum production under the petroleum lease.","sortOrder":626},{"sectionNumber":"ch.8-pt.9","sectionType":"part","heading":"Development plans for coal mining leases and oil shale mining leases","content":"# Development plans for coal mining leases and oil shale mining leases","sortOrder":627},{"sectionNumber":"ch.8-pt.9-div.1","sectionType":"division","heading":"General provisions about development plans","content":"## General provisions about development plans","sortOrder":628},{"sectionNumber":"sec.318DP","sectionType":"section","heading":"Function and purpose","content":"### sec.318DP Function and purpose\n\nThe development plan for a coal mining lease or an oil shale mining lease, or a proposed coal mining lease or an oil shale mining lease, (the relevant lease ) gives detailed information about the nature and extent of activities to be carried out under the lease.\nThe development plan may—\nalso relate to another coal or oil shale mining lease or proposed coal or oil shale mining lease if the other lease or proposed lease relates to the relevant lease; and\nprovide that when the plan is approved it will replace any development plan for the other lease.\nThe purposes of giving the information is to—\nallow resource management decisions to be made; and\nensure appropriate development of minerals that, under section 234 , are specified in the lease.\ns 318DP ins 2004 No. 25 s 1020\namd 2005 No. 3 s 105 sch\n(sec.318DP-ssec.1) The development plan for a coal mining lease or an oil shale mining lease, or a proposed coal mining lease or an oil shale mining lease, (the relevant lease ) gives detailed information about the nature and extent of activities to be carried out under the lease.\n(sec.318DP-ssec.2) The development plan may— also relate to another coal or oil shale mining lease or proposed coal or oil shale mining lease if the other lease or proposed lease relates to the relevant lease; and provide that when the plan is approved it will replace any development plan for the other lease.\n(sec.318DP-ssec.3) The purposes of giving the information is to— allow resource management decisions to be made; and ensure appropriate development of minerals that, under section 234 , are specified in the lease.\n- (a) also relate to another coal or oil shale mining lease or proposed coal or oil shale mining lease if the other lease or proposed lease relates to the relevant lease; and\n- (b) provide that when the plan is approved it will replace any development plan for the other lease.\n- (a) allow resource management decisions to be made; and\n- (b) ensure appropriate development of minerals that, under section 234 , are specified in the lease.","sortOrder":629},{"sectionNumber":"sec.318DQ","sectionType":"section","heading":"Requirement to have development plan","content":"### sec.318DQ Requirement to have development plan\n\nIt is a condition of each coal or oil shale mining lease that its holder must ensure there is a development plan for the lease.\nThe only ‘development plan’ for a coal or oil shale mining lease is its current initial or later development plan, as approved under this part. See the definition of that term in the dictionary. For the requirement to lodge a proposed later development plan and its approval, see division 4 .\ns 318DQ ins 2004 No. 25 s 1020\namd 2005 No. 3 s 105 sch ; 2012 No. 20 s 323 sch 3","sortOrder":630},{"sectionNumber":"sec.318DR","sectionType":"section","heading":"Obligation to comply with development plan","content":"### sec.318DR Obligation to comply with development plan\n\nIt is a condition of each coal or oil shale mining lease that its holder must comply with the development plan for the lease.\nSee, however, chapter 15 , part 2 , division 6 .\ns 318DR ins 2004 No. 25 s 1020\namd 2005 No. 3 s 105 sch ; 2012 No. 20 s 125 sch 1 , s 323 sch 3","sortOrder":631},{"sectionNumber":"ch.8-pt.9-div.2","sectionType":"division","heading":"Requirements for proposed initial development plans","content":"## Requirements for proposed initial development plans","sortOrder":632},{"sectionNumber":"sec.318DS","sectionType":"section","heading":"Operation of div 2","content":"### sec.318DS Operation of div 2\n\nThis division provides for requirements (the initial development plan requirements ) for a proposed initial development plan for a proposed coal or oil shale mining lease.\nFor additional requirements for proposed later development plans, see section 318ED .\ns 318DS ins 2004 No. 25 s 1020\namd 2005 No. 3 s 105 sch ; 2012 No. 20 s 125 sch 1 , s 323 sch 3","sortOrder":633},{"sectionNumber":"sec.318DT","sectionType":"section","heading":"General requirements","content":"### sec.318DT General requirements\n\nThe proposed plan must provide for each of the following—\nan overview of the activities proposed to be carried out under the proposed mining lease during all of its proposed term;\nfor each year of the plan period—\nthe nature and extent of activities proposed to be carried out under the proposed mining lease during the year; and\nwhere the activities are proposed to be carried out;\nfor each mineral the applicant proposes to mine under the proposed mining lease, each of the following—\nthe location and an estimate of the resources of the mineral in all of the area, or proposed area, of the proposed mining lease;\nthe standards and procedures used to make the estimate;\nthe rate and amount of the proposed mining;\napproximately when the proposed mining is to start;\na schedule for the proposed mining during the plan period;\nmaps that show the matters mentioned in paragraphs (b) and (c) (i) , (iii) and (iv) ;\nany other information relevant to the criteria mentioned in section 318EF ;\nreasons why the plan is considered appropriate;\nanother matter prescribed under a regulation.\nA regulation may impose requirements about the form of the development plan.\nIn this section—\nyear , of the plan period, means—\nthe period starting on the day the plan period starts and ending on the first anniversary of that day; and\neach subsequent period of 12 months or less during the plan period, starting on each anniversary of that day and ending on—\nthe next anniversary of that day; or\nif the plan period ends before the next anniversary—the day the plan period ends.\ns 318DT ins 2004 No. 25 s 1020\n(sec.318DT-ssec.1) The proposed plan must provide for each of the following— an overview of the activities proposed to be carried out under the proposed mining lease during all of its proposed term; for each year of the plan period— the nature and extent of activities proposed to be carried out under the proposed mining lease during the year; and where the activities are proposed to be carried out; for each mineral the applicant proposes to mine under the proposed mining lease, each of the following— the location and an estimate of the resources of the mineral in all of the area, or proposed area, of the proposed mining lease; the standards and procedures used to make the estimate; the rate and amount of the proposed mining; approximately when the proposed mining is to start; a schedule for the proposed mining during the plan period; maps that show the matters mentioned in paragraphs (b) and (c) (i) , (iii) and (iv) ; any other information relevant to the criteria mentioned in section 318EF ; reasons why the plan is considered appropriate; another matter prescribed under a regulation.\n(sec.318DT-ssec.2) A regulation may impose requirements about the form of the development plan.\n(sec.318DT-ssec.3) In this section— year , of the plan period, means— the period starting on the day the plan period starts and ending on the first anniversary of that day; and each subsequent period of 12 months or less during the plan period, starting on each anniversary of that day and ending on— the next anniversary of that day; or if the plan period ends before the next anniversary—the day the plan period ends.\n- (a) an overview of the activities proposed to be carried out under the proposed mining lease during all of its proposed term;\n- (b) for each year of the plan period— (i) the nature and extent of activities proposed to be carried out under the proposed mining lease during the year; and (ii) where the activities are proposed to be carried out;\n- (i) the nature and extent of activities proposed to be carried out under the proposed mining lease during the year; and\n- (ii) where the activities are proposed to be carried out;\n- (c) for each mineral the applicant proposes to mine under the proposed mining lease, each of the following— (i) the location and an estimate of the resources of the mineral in all of the area, or proposed area, of the proposed mining lease; (ii) the standards and procedures used to make the estimate; (iii) the rate and amount of the proposed mining; (iv) approximately when the proposed mining is to start; (v) a schedule for the proposed mining during the plan period;\n- (i) the location and an estimate of the resources of the mineral in all of the area, or proposed area, of the proposed mining lease;\n- (ii) the standards and procedures used to make the estimate;\n- (iii) the rate and amount of the proposed mining;\n- (iv) approximately when the proposed mining is to start;\n- (v) a schedule for the proposed mining during the plan period;\n- (d) maps that show the matters mentioned in paragraphs (b) and (c) (i) , (iii) and (iv) ;\n- (e) any other information relevant to the criteria mentioned in section 318EF ;\n- (f) reasons why the plan is considered appropriate;\n- (g) another matter prescribed under a regulation.\n- (i) the nature and extent of activities proposed to be carried out under the proposed mining lease during the year; and\n- (ii) where the activities are proposed to be carried out;\n- (i) the location and an estimate of the resources of the mineral in all of the area, or proposed area, of the proposed mining lease;\n- (ii) the standards and procedures used to make the estimate;\n- (iii) the rate and amount of the proposed mining;\n- (iv) approximately when the proposed mining is to start;\n- (v) a schedule for the proposed mining during the plan period;\n- (a) the period starting on the day the plan period starts and ending on the first anniversary of that day; and\n- (b) each subsequent period of 12 months or less during the plan period, starting on each anniversary of that day and ending on— (i) the next anniversary of that day; or (ii) if the plan period ends before the next anniversary—the day the plan period ends.\n- (i) the next anniversary of that day; or\n- (ii) if the plan period ends before the next anniversary—the day the plan period ends.\n- (i) the next anniversary of that day; or\n- (ii) if the plan period ends before the next anniversary—the day the plan period ends.","sortOrder":634},{"sectionNumber":"sec.318DU","sectionType":"section","heading":"Plan period","content":"### sec.318DU Plan period\n\nThe proposed plan must state its period.\nThe period must not be longer than—\nif the term sought for the mining lease is less than 5 years from the granting of the mining lease—the term of the mining lease; or\nif the term sought for the mining lease is 5 years or more—5 years from the start of the term.\ns 318DU ins 2004 No. 25 s 1020\n(sec.318DU-ssec.1) The proposed plan must state its period.\n(sec.318DU-ssec.2) The period must not be longer than— if the term sought for the mining lease is less than 5 years from the granting of the mining lease—the term of the mining lease; or if the term sought for the mining lease is 5 years or more—5 years from the start of the term.\n- (a) if the term sought for the mining lease is less than 5 years from the granting of the mining lease—the term of the mining lease; or\n- (b) if the term sought for the mining lease is 5 years or more—5 years from the start of the term.","sortOrder":635},{"sectionNumber":"sec.318DV","sectionType":"section","heading":"Statement about interests of relevant petroleum tenure holder","content":"### sec.318DV Statement about interests of relevant petroleum tenure holder\n\nThe proposed plan must include a statement of how the effects on, and the interests of, any relevant overlapping or adjacent petroleum tenure holder have, or have not, been considered, having regard to—\nthe main purposes of this chapter; and\nthe CSG assessment criteria, other than the initial development plan requirements.\ns 318DV ins 2004 No. 25 s 1020\namd 2012 No. 20 s 323 sch 3\n- (a) the main purposes of this chapter; and\n- (b) the CSG assessment criteria, other than the initial development plan requirements.","sortOrder":636},{"sectionNumber":"sec.318DW","sectionType":"section","heading":"Requirement to optimise use of incidental coal seam gas","content":"### sec.318DW Requirement to optimise use of incidental coal seam gas\n\nThe activities provided for under the proposed plan must seek to optimise the use of incidental coal seam gas in a safe and efficient way if it is commercially and technically feasible to do so.\ns 318DW ins 2004 No. 25 s 1020","sortOrder":637},{"sectionNumber":"sec.318DX","sectionType":"section","heading":"Consistency with petroleum lease development plan and relevant coordination arrangement","content":"### sec.318DX Consistency with petroleum lease development plan and relevant coordination arrangement\n\nIf all or part of the land in the area of the proposed mining lease is in the area of a petroleum lease (the relevant land ), the proposed plan must, to the extent it applies to the relevant land, be consistent with—\nthe development plan for the petroleum lease; and\nany coordination arrangement relating to the relevant land.\ns 318DX ins 2004 No. 25 s 1020\n- (a) the development plan for the petroleum lease; and\n- (b) any coordination arrangement relating to the relevant land.","sortOrder":638},{"sectionNumber":"ch.8-pt.9-div.3","sectionType":"division","heading":"Approval of proposed initial development plans","content":"## Approval of proposed initial development plans","sortOrder":639},{"sectionNumber":"sec.318DY","sectionType":"section","heading":"Application of div 3","content":"### sec.318DY Application of div 3\n\nThis division applies to all coal mining lease and oil shale mining lease applications.\ns 318DY ins 2004 No. 25 s 1020\namd 2012 No. 20 s 323 sch 3","sortOrder":640},{"sectionNumber":"sec.318DZ","sectionType":"section","heading":"Ministerial approval of proposed plan","content":"### sec.318DZ Ministerial approval of proposed plan\n\nThe Minister must decide whether to approve the applicant’s proposed development plan for the proposed mining lease.\ns 318DZ ins 2004 No. 25 s 1020\namd 2020 No. 14 s 218 sch 1","sortOrder":641},{"sectionNumber":"sec.318E","sectionType":"section","heading":"Amendment of proposed plan before approval","content":"### sec.318E Amendment of proposed plan before approval\n\nThe applicant may, by lodged notice, amend the proposed development plan at any time before the Minister decides whether to approve the applicant’s proposed development plan.\nThe notice must be accompanied by the amended proposed plan.\ns 318E ins 2004 No. 25 s 1020\namd 2012 No. 20 s 281 sch 2\n(sec.318E-ssec.1) The applicant may, by lodged notice, amend the proposed development plan at any time before the Minister decides whether to approve the applicant’s proposed development plan.\n(sec.318E-ssec.2) The notice must be accompanied by the amended proposed plan.","sortOrder":642},{"sectionNumber":"sec.318EA","sectionType":"section","heading":"Deciding whether to approve proposed plan","content":"### sec.318EA Deciding whether to approve proposed plan\n\nThe Minister may approve or refuse to approve the proposed development plan.\nThe matters that must be considered in deciding whether to approve the proposed plan include each of the following—\nthe potential of the area of the proposed mining lease for each of the following (the activities )—\nmining;\neach other purpose for which the lease is sought;\nthe nature and extent of the activities;\nwhen and where the activities are proposed to be carried out;\nwhether the mining of minerals that, under section 234 , are sought to be specified in the lease will be optimised in the best interests of the State, having regard to the public interest;\nthe CSG assessment criteria.\ns 318EA ins 2004 No. 25 s 1020 (amd 2004 No. 26 s 69 (2) sch )\n(sec.318EA-ssec.1) The Minister may approve or refuse to approve the proposed development plan.\n(sec.318EA-ssec.2) The matters that must be considered in deciding whether to approve the proposed plan include each of the following— the potential of the area of the proposed mining lease for each of the following (the activities )— mining; each other purpose for which the lease is sought; the nature and extent of the activities; when and where the activities are proposed to be carried out; whether the mining of minerals that, under section 234 , are sought to be specified in the lease will be optimised in the best interests of the State, having regard to the public interest; the CSG assessment criteria.\n- (a) the potential of the area of the proposed mining lease for each of the following (the activities )— (i) mining; (ii) each other purpose for which the lease is sought;\n- (i) mining;\n- (ii) each other purpose for which the lease is sought;\n- (b) the nature and extent of the activities;\n- (c) when and where the activities are proposed to be carried out;\n- (d) whether the mining of minerals that, under section 234 , are sought to be specified in the lease will be optimised in the best interests of the State, having regard to the public interest;\n- (e) the CSG assessment criteria.\n- (i) mining;\n- (ii) each other purpose for which the lease is sought;","sortOrder":643},{"sectionNumber":"ch.8-pt.9-div.4","sectionType":"division","heading":"Approval of proposed later development plans","content":"## Approval of proposed later development plans","sortOrder":644},{"sectionNumber":"sec.318EB","sectionType":"section","heading":"Obligation to lodge proposed later development plan","content":"### sec.318EB Obligation to lodge proposed later development plan\n\nIt is a condition of each coal or oil shale mining lease that its holder must lodge a proposed later development plan for the mining lease as provided for under this section.\nIf the holder wishes to renew the lease, a proposed later development plan must be included in the renewal application. See section 318DI (2) (c) .\nThe condition is complied with only if the proposed later development plan—\nis lodged; and\ncomplies with the later development plan requirements; and\nis accompanied by the relevant fee.\nA proposed later development plan must be lodged—\nat least 40, but no more than 100, business days before the end of the plan period for its current development plan (the current plan period ); or\nas soon as practicable after the holder proposes or becomes aware of a significant change to the nature and extent of an authorised activity that is not already dealt with under the current development plan for the lease; or\nwithin 20 business days after a coordination arrangement relating to the lease ends.\nHowever, if before the end of the current plan period, a decision is made not to approve a proposed later development plan lodged under subsection (3) , the holder may, within the period, lodge another proposed later development plan.\nIf the holder does not lodge any proposed later development plan before the end of the current plan period or if subsection (4) applies and the holder does not lodge another proposed later development plan within the current plan period—\nthe holder must be given a notice requiring the holder to lodge a proposed later development plan for the lease within 40 business days after the giving of the notice; and\nthe holder must comply with the requirement.\nIn this section—\nrelevant fee , for the lodgement of the proposed plan, means—\nif the proposed plan is lodged within the time required under subsection (3) —the fee prescribed under a regulation; or\nif the proposed plan is lodged after the time required under subsection (3) —\nif it is lodged under subsection (4) —nil; or\nif it is not lodged under subsection (4) —an amount that is 10 times the prescribed fee.\ns 318EB ins 2004 No. 25 s 1020 (amd 2004 No. 26 s 260 (28) – (29) )\namd 2005 No. 3 ss 5 , 105 sch ; 2007 No. 46 s 85 ; 2012 No. 20 s 125 sch 1 , s 281 sch 2\n(sec.318EB-ssec.1) It is a condition of each coal or oil shale mining lease that its holder must lodge a proposed later development plan for the mining lease as provided for under this section. If the holder wishes to renew the lease, a proposed later development plan must be included in the renewal application. See section 318DI (2) (c) .\n(sec.318EB-ssec.2) The condition is complied with only if the proposed later development plan— is lodged; and complies with the later development plan requirements; and is accompanied by the relevant fee.\n(sec.318EB-ssec.3) A proposed later development plan must be lodged— at least 40, but no more than 100, business days before the end of the plan period for its current development plan (the current plan period ); or as soon as practicable after the holder proposes or becomes aware of a significant change to the nature and extent of an authorised activity that is not already dealt with under the current development plan for the lease; or within 20 business days after a coordination arrangement relating to the lease ends.\n(sec.318EB-ssec.4) However, if before the end of the current plan period, a decision is made not to approve a proposed later development plan lodged under subsection (3) , the holder may, within the period, lodge another proposed later development plan.\n(sec.318EB-ssec.5) If the holder does not lodge any proposed later development plan before the end of the current plan period or if subsection (4) applies and the holder does not lodge another proposed later development plan within the current plan period— the holder must be given a notice requiring the holder to lodge a proposed later development plan for the lease within 40 business days after the giving of the notice; and the holder must comply with the requirement.\n(sec.318EB-ssec.6) In this section— relevant fee , for the lodgement of the proposed plan, means— if the proposed plan is lodged within the time required under subsection (3) —the fee prescribed under a regulation; or if the proposed plan is lodged after the time required under subsection (3) — if it is lodged under subsection (4) —nil; or if it is not lodged under subsection (4) —an amount that is 10 times the prescribed fee.\n- (a) is lodged; and\n- (b) complies with the later development plan requirements; and\n- (c) is accompanied by the relevant fee.\n- (a) at least 40, but no more than 100, business days before the end of the plan period for its current development plan (the current plan period ); or\n- (b) as soon as practicable after the holder proposes or becomes aware of a significant change to the nature and extent of an authorised activity that is not already dealt with under the current development plan for the lease; or\n- (c) within 20 business days after a coordination arrangement relating to the lease ends.\n- (a) the holder must be given a notice requiring the holder to lodge a proposed later development plan for the lease within 40 business days after the giving of the notice; and\n- (b) the holder must comply with the requirement.\n- (a) if the proposed plan is lodged within the time required under subsection (3) —the fee prescribed under a regulation; or\n- (b) if the proposed plan is lodged after the time required under subsection (3) — (i) if it is lodged under subsection (4) —nil; or (ii) if it is not lodged under subsection (4) —an amount that is 10 times the prescribed fee.\n- (i) if it is lodged under subsection (4) —nil; or\n- (ii) if it is not lodged under subsection (4) —an amount that is 10 times the prescribed fee.\n- (i) if it is lodged under subsection (4) —nil; or\n- (ii) if it is not lodged under subsection (4) —an amount that is 10 times the prescribed fee.","sortOrder":645},{"sectionNumber":"sec.318EC","sectionType":"section","heading":"Consequence of failure to comply with notice to lodge proposed later development plan","content":"### sec.318EC Consequence of failure to comply with notice to lodge proposed later development plan\n\nIf a coal or oil shale mining lease holder does not comply with a requirement under section 318EB (5) (a) , the lease is cancelled.\nHowever, the cancellation does not take effect until the holder is given a notice stating that the lease has been cancelled because of the operation of subsection (1) .\ns 318EC ins 2004 No. 25 s 1020\namd 2005 No. 3 s 105 sch\n(sec.318EC-ssec.1) If a coal or oil shale mining lease holder does not comply with a requirement under section 318EB (5) (a) , the lease is cancelled.\n(sec.318EC-ssec.2) However, the cancellation does not take effect until the holder is given a notice stating that the lease has been cancelled because of the operation of subsection (1) .","sortOrder":646},{"sectionNumber":"sec.318ED","sectionType":"section","heading":"Later development plan requirements","content":"### sec.318ED Later development plan requirements\n\nA proposed later development plan must—\ncomply with the initial development plan requirements, as if the reference in section 318DU (2) to the term sought for the mining lease were a reference to the remaining term, or the renewed term, of the lease; and\nFor requirements for proposed initial development plans, see division 2 .\nhighlight any significant changes from the current development plan for the mining lease; and\nstate whether the current development plan has been complied with; and\nif the current development plan has not been complied with—state the details of, and the reasons for, each noncompliance.\nFor subsection (1) , section 318DU applies as if a reference to the term sought for the mining lease is a reference to the term of the mining lease.\nIf the effect of the proposed plan is to significantly change an activity provided for under the current development plan, the proposed plan must also state reasons for the change.\nThe requirements under subsection (1) , as applied under subsection (2) , and subsection (3) are the later development plan requirements .\ns 318ED ins 2004 No. 25 s 1020\namd 2012 No. 20 s 125 sch 1 , s 323 sch 3\n(sec.318ED-ssec.1) A proposed later development plan must— comply with the initial development plan requirements, as if the reference in section 318DU (2) to the term sought for the mining lease were a reference to the remaining term, or the renewed term, of the lease; and For requirements for proposed initial development plans, see division 2 . highlight any significant changes from the current development plan for the mining lease; and state whether the current development plan has been complied with; and if the current development plan has not been complied with—state the details of, and the reasons for, each noncompliance.\n(sec.318ED-ssec.2) For subsection (1) , section 318DU applies as if a reference to the term sought for the mining lease is a reference to the term of the mining lease.\n(sec.318ED-ssec.3) If the effect of the proposed plan is to significantly change an activity provided for under the current development plan, the proposed plan must also state reasons for the change.\n(sec.318ED-ssec.4) The requirements under subsection (1) , as applied under subsection (2) , and subsection (3) are the later development plan requirements .\n- (a) comply with the initial development plan requirements, as if the reference in section 318DU (2) to the term sought for the mining lease were a reference to the remaining term, or the renewed term, of the lease; and Note— For requirements for proposed initial development plans, see division 2 .\n- (b) highlight any significant changes from the current development plan for the mining lease; and\n- (c) state whether the current development plan has been complied with; and\n- (d) if the current development plan has not been complied with—state the details of, and the reasons for, each noncompliance.","sortOrder":647},{"sectionNumber":"sec.318EE","sectionType":"section","heading":"Mining lease taken to have development plan until decision on whether to approve proposed later development plan","content":"### sec.318EE Mining lease taken to have development plan until decision on whether to approve proposed later development plan\n\nThis section applies until the happening of the following event if, under section 318EB , the holder lodges a proposed later development plan before the end of the plan period for the current development plan for the mining lease—\nif the proposed plan is approved—the holder is given notice of the approval;\nif approval of the proposed program is refused—when the refusal takes effect.\nFor when the decision takes effect, see section 318EH .\nDespite the ending of the plan period for the current development plan—\nthe mining lease is taken to have a development plan; and\nthe holder may carry out any authorised activity for the lease.\ns 318EE ins 2004 No. 25 s 1020\namd 2012 No. 20 s 125 sch 1\n(sec.318EE-ssec.1) This section applies until the happening of the following event if, under section 318EB , the holder lodges a proposed later development plan before the end of the plan period for the current development plan for the mining lease— if the proposed plan is approved—the holder is given notice of the approval; if approval of the proposed program is refused—when the refusal takes effect. For when the decision takes effect, see section 318EH .\n(sec.318EE-ssec.2) Despite the ending of the plan period for the current development plan— the mining lease is taken to have a development plan; and the holder may carry out any authorised activity for the lease.\n- (a) if the proposed plan is approved—the holder is given notice of the approval;\n- (b) if approval of the proposed program is refused—when the refusal takes effect. Note— For when the decision takes effect, see section 318EH .\n- (a) the mining lease is taken to have a development plan; and\n- (b) the holder may carry out any authorised activity for the lease.","sortOrder":648},{"sectionNumber":"sec.318EF","sectionType":"section","heading":"Criteria for deciding whether to approve proposed plan","content":"### sec.318EF Criteria for deciding whether to approve proposed plan\n\nThe matters that must be considered in deciding whether to approve the proposed later development plan include each of the following—\nthe criteria under section 318EA for deciding whether to approve a proposed initial development plan;\nthe extent to which the current development plan for the mining lease has been complied with;\nthe CSG assessment criteria;\nthe effect of any approval of the proposed plan on any relinquishment condition for the mining lease;\nif the proposed plan provides for a significant change that is a cessation or reduction of mining or other purposes for which the mining lease is granted—\nwhether the cessation or reduction is reasonable; and\nwhether the mining lease holder has taken all reasonable steps to prevent the cessation or reduction.\ns 318EF ins 2004 No. 25 s 1020\n- (a) the criteria under section 318EA for deciding whether to approve a proposed initial development plan;\n- (b) the extent to which the current development plan for the mining lease has been complied with;\n- (c) the CSG assessment criteria;\n- (d) the effect of any approval of the proposed plan on any relinquishment condition for the mining lease;\n- (e) if the proposed plan provides for a significant change that is a cessation or reduction of mining or other purposes for which the mining lease is granted— (i) whether the cessation or reduction is reasonable; and (ii) whether the mining lease holder has taken all reasonable steps to prevent the cessation or reduction.\n- (i) whether the cessation or reduction is reasonable; and\n- (ii) whether the mining lease holder has taken all reasonable steps to prevent the cessation or reduction.\n- (i) whether the cessation or reduction is reasonable; and\n- (ii) whether the mining lease holder has taken all reasonable steps to prevent the cessation or reduction.","sortOrder":649},{"sectionNumber":"sec.318EG","sectionType":"section","heading":"Power to require partial surrender application","content":"### sec.318EG Power to require partial surrender application\n\nThis section applies if the proposed plan provides for a significant change that is a cessation or reduction of mining or other purposes for which the mining lease is granted.\nThe Minister may approve the proposed plan, but—\ndecide (a deferral decision )—\nto defer the taking of effect of the approval until the mining lease holder applies under section 309 to surrender a stated part or percentage of the area of the lease on or before a stated day; and\nthat the decision to approve the proposed plan is replaced by a decision not to approve it if the surrender application is not made on or before the stated day; or\nimpose a condition on the mining lease requiring its holder to apply under section 309 to surrender a stated part or percentage of the area of the lease at stated times or intervals.\nThe public interest must be considered before making a deferral decision or imposing the condition.\ns 318EG ins 2004 No. 25 s 1020\namd 2008 No. 56 s 19 sch\n(sec.318EG-ssec.1) This section applies if the proposed plan provides for a significant change that is a cessation or reduction of mining or other purposes for which the mining lease is granted.\n(sec.318EG-ssec.2) The Minister may approve the proposed plan, but— decide (a deferral decision )— to defer the taking of effect of the approval until the mining lease holder applies under section 309 to surrender a stated part or percentage of the area of the lease on or before a stated day; and that the decision to approve the proposed plan is replaced by a decision not to approve it if the surrender application is not made on or before the stated day; or impose a condition on the mining lease requiring its holder to apply under section 309 to surrender a stated part or percentage of the area of the lease at stated times or intervals.\n(sec.318EG-ssec.3) The public interest must be considered before making a deferral decision or imposing the condition.\n- (a) decide (a deferral decision )— (i) to defer the taking of effect of the approval until the mining lease holder applies under section 309 to surrender a stated part or percentage of the area of the lease on or before a stated day; and (ii) that the decision to approve the proposed plan is replaced by a decision not to approve it if the surrender application is not made on or before the stated day; or\n- (i) to defer the taking of effect of the approval until the mining lease holder applies under section 309 to surrender a stated part or percentage of the area of the lease on or before a stated day; and\n- (ii) that the decision to approve the proposed plan is replaced by a decision not to approve it if the surrender application is not made on or before the stated day; or\n- (b) impose a condition on the mining lease requiring its holder to apply under section 309 to surrender a stated part or percentage of the area of the lease at stated times or intervals.\n- (i) to defer the taking of effect of the approval until the mining lease holder applies under section 309 to surrender a stated part or percentage of the area of the lease on or before a stated day; and\n- (ii) that the decision to approve the proposed plan is replaced by a decision not to approve it if the surrender application is not made on or before the stated day; or","sortOrder":650},{"sectionNumber":"sec.318EH","sectionType":"section","heading":"Steps after, and taking effect of, decision","content":"### sec.318EH Steps after, and taking effect of, decision\n\nOn approval of the proposed later development plan, the chief executive must give the holder notice of the approval.\nFor the following, the notice must be an information notice—\na decision to refuse to approve the proposed plan;\nan approval of the proposed plan that, under section 318EG , is deferred;\na decision under section 318EG (2) (b) .\nAn approval without any deferral under section 318EG (2) (a) takes effect when the holder is given the notice or, if the notice states a later day of effect, on that later day.\nA refusal does not take effect until the end the appeal period under section 318EI .\ns 318EH ins 2004 No. 25 s 1020\namd 2012 No. 20 s 125 sch 1 ; 2020 No. 14 s 218 sch 1\n(sec.318EH-ssec.1) On approval of the proposed later development plan, the chief executive must give the holder notice of the approval.\n(sec.318EH-ssec.2) For the following, the notice must be an information notice— a decision to refuse to approve the proposed plan; an approval of the proposed plan that, under section 318EG , is deferred; a decision under section 318EG (2) (b) .\n(sec.318EH-ssec.3) An approval without any deferral under section 318EG (2) (a) takes effect when the holder is given the notice or, if the notice states a later day of effect, on that later day.\n(sec.318EH-ssec.4) A refusal does not take effect until the end the appeal period under section 318EI .\n- (a) a decision to refuse to approve the proposed plan;\n- (b) an approval of the proposed plan that, under section 318EG , is deferred;\n- (c) a decision under section 318EG (2) (b) .","sortOrder":651},{"sectionNumber":"ch.8-pt.9-div.5","sectionType":"division","heading":"Appeals","content":"## Appeals","sortOrder":652},{"sectionNumber":"sec.318EI","sectionType":"section","heading":"Right of appeal against cancellation, deferral or refusal","content":"### sec.318EI Right of appeal against cancellation, deferral or refusal\n\nThis section applies if—\nunder section 318DZ , it is decided not to approve a proposed development plan; or\nunder section 318EC , it is decided to cancel the mining lease; or\nit is decided not to approve the proposed later development plan; or\nunder section 318EG , it is decided to defer an approval of the later development plan.\nThe Petroleum and Gas (Production and Safety) Act , chapter 12 , part 2 , applies, with necessary changes, as if—\nthe decision were mentioned in schedule 1 , table 2 of that Act; and\nthe schedule stated the Land Court as the appeal body for the decision; and\na reference in that part to an information notice were a reference to an information notice under section 318EH .\ns 318EI ins 2004 No. 25 s 1020 (amd 2004 No. 26 s 69 (2) sch )\namd 2007 No. 39 s 41 sch ; 2008 No. 56 s 19 sch ; 2020 No. 14 s 218 sch 1\n(sec.318EI-ssec.1) This section applies if— under section 318DZ , it is decided not to approve a proposed development plan; or under section 318EC , it is decided to cancel the mining lease; or it is decided not to approve the proposed later development plan; or under section 318EG , it is decided to defer an approval of the later development plan.\n(sec.318EI-ssec.2) The Petroleum and Gas (Production and Safety) Act , chapter 12 , part 2 , applies, with necessary changes, as if— the decision were mentioned in schedule 1 , table 2 of that Act; and the schedule stated the Land Court as the appeal body for the decision; and a reference in that part to an information notice were a reference to an information notice under section 318EH .\n- (a) under section 318DZ , it is decided not to approve a proposed development plan; or\n- (b) under section 318EC , it is decided to cancel the mining lease; or\n- (c) it is decided not to approve the proposed later development plan; or\n- (d) under section 318EG , it is decided to defer an approval of the later development plan.\n- (a) the decision were mentioned in schedule 1 , table 2 of that Act; and\n- (b) the schedule stated the Land Court as the appeal body for the decision; and\n- (c) a reference in that part to an information notice were a reference to an information notice under section 318EH .","sortOrder":653},{"sectionNumber":"ch.8-pt.10","sectionType":"part","heading":"Confidentiality of information","content":"# Confidentiality of information","sortOrder":654},{"sectionNumber":"sec.318EJ","sectionType":"section","heading":"Application of pt 10","content":"### sec.318EJ Application of pt 10\n\nThis part applies if a tenure holder or a person who has applied for a tenure (the information-giver ) gives another tenure holder or a person who has applied for a tenure (the recipient ) information—\nthat this chapter requires the information-giver to give the recipient, including, for example, information given to comply with section 318AW (a) ; or\nfor the purposes of this chapter.\nHowever, this part applies subject to any agreement between the information-giver and the recipient about the information or its use.\nIn this section—\ninformation means information given verbally or in writing.\ntenure means a coal or oil shale mining tenement or a petroleum tenure.\ns 318EJ ins 2004 No. 25 s 1020\namd 2012 No. 20 s 323 sch 3\n(sec.318EJ-ssec.1) This part applies if a tenure holder or a person who has applied for a tenure (the information-giver ) gives another tenure holder or a person who has applied for a tenure (the recipient ) information— that this chapter requires the information-giver to give the recipient, including, for example, information given to comply with section 318AW (a) ; or for the purposes of this chapter.\n(sec.318EJ-ssec.2) However, this part applies subject to any agreement between the information-giver and the recipient about the information or its use.\n(sec.318EJ-ssec.3) In this section— information means information given verbally or in writing. tenure means a coal or oil shale mining tenement or a petroleum tenure.\n- (a) that this chapter requires the information-giver to give the recipient, including, for example, information given to comply with section 318AW (a) ; or\n- (b) for the purposes of this chapter.","sortOrder":655},{"sectionNumber":"sec.318EK","sectionType":"section","heading":"Confidentiality obligations","content":"### sec.318EK Confidentiality obligations\n\nThe recipient must not disclose the information to anyone else, unless—\nthe information is publicly available; or\nthe disclosure is—\nto someone else whom the recipient has authorised to carry out the authorised activities for the recipient’s coal or oil shale mining tenement or petroleum tenure; or\nmade with the information-giver’s consent; or\nexpressly permitted or required under this or another Act; or\nto the Minister.\nThe recipient may use the information only for the purpose for which it is given.\ns 318EK ins 2004 No. 25 s 1020 (amd 2004 No. 26 s 260 (30) – (31) )\namd 2012 No. 20 s 125 sch 1\n(sec.318EK-ssec.1) The recipient must not disclose the information to anyone else, unless— the information is publicly available; or the disclosure is— to someone else whom the recipient has authorised to carry out the authorised activities for the recipient’s coal or oil shale mining tenement or petroleum tenure; or made with the information-giver’s consent; or expressly permitted or required under this or another Act; or to the Minister.\n(sec.318EK-ssec.2) The recipient may use the information only for the purpose for which it is given.\n- (a) the information is publicly available; or\n- (b) the disclosure is— (i) to someone else whom the recipient has authorised to carry out the authorised activities for the recipient’s coal or oil shale mining tenement or petroleum tenure; or (ii) made with the information-giver’s consent; or (iii) expressly permitted or required under this or another Act; or (iv) to the Minister.\n- (i) to someone else whom the recipient has authorised to carry out the authorised activities for the recipient’s coal or oil shale mining tenement or petroleum tenure; or\n- (ii) made with the information-giver’s consent; or\n- (iii) expressly permitted or required under this or another Act; or\n- (iv) to the Minister.\n- (i) to someone else whom the recipient has authorised to carry out the authorised activities for the recipient’s coal or oil shale mining tenement or petroleum tenure; or\n- (ii) made with the information-giver’s consent; or\n- (iii) expressly permitted or required under this or another Act; or\n- (iv) to the Minister.","sortOrder":656},{"sectionNumber":"sec.318EL","sectionType":"section","heading":"Civil remedies","content":"### sec.318EL Civil remedies\n\nIf the recipient does not comply with section 318EK , a court of competent jurisdiction may order the recipient to pay the information-giver all or any of the following—\ncompensation for any loss the information-giver incurred because of the failure to comply with the section;\nthe amount of any commercial gain the recipient made because of the failure to comply with the section.\ns 318EL ins 2004 No. 25 s 1020 (amd 2004 No. 26 s 260 (32) , 69 (2) sch )\n- (a) compensation for any loss the information-giver incurred because of the failure to comply with the section;\n- (b) the amount of any commercial gain the recipient made because of the failure to comply with the section.","sortOrder":657},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":658},{"sectionNumber":"sec.318ELAM","sectionType":"section","heading":"Relationship with chs 2 to 8 and ch 12 , pt 1","content":"### sec.318ELAM Relationship with chs 2 to 8 and ch 12 , pt 1\n\nRequirements and restrictions under this chapter apply as well as any relevant requirements and restrictions under chapters 2 to 8 and chapter 12 , part 1 .\nIf this chapter imposes a requirement for or a restriction on the granting of a mining lease, the mining lease can not be granted if the restriction applies or if the requirement has not been complied with.\nIf a provision of this chapter conflicts with a provision of any of chapters 2 to 8 and chapter 12 , part 1 the provision of this chapter prevails to the extent of the inconsistency.\nThis chapter does not otherwise limit or affect the requirements of chapters 2 to 8 and chapter 12 , part 1 .\nSubsection (6) applies if this chapter imposes a requirement for or a restriction on the carrying out of an authorised activity for a mining tenement.\nDespite chapters 2 and 6, the activity is not an authorised activity for the mining tenement while the restriction applies or if the requirement has not been complied with.\ns 318ELAM ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\namd 2012 No. 20 s 323 sch 3\n(sec.318ELAM-ssec.1) Requirements and restrictions under this chapter apply as well as any relevant requirements and restrictions under chapters 2 to 8 and chapter 12 , part 1 .\n(sec.318ELAM-ssec.2) If this chapter imposes a requirement for or a restriction on the granting of a mining lease, the mining lease can not be granted if the restriction applies or if the requirement has not been complied with.\n(sec.318ELAM-ssec.3) If a provision of this chapter conflicts with a provision of any of chapters 2 to 8 and chapter 12 , part 1 the provision of this chapter prevails to the extent of the inconsistency.\n(sec.318ELAM-ssec.4) This chapter does not otherwise limit or affect the requirements of chapters 2 to 8 and chapter 12 , part 1 .\n(sec.318ELAM-ssec.5) Subsection (6) applies if this chapter imposes a requirement for or a restriction on the carrying out of an authorised activity for a mining tenement.\n(sec.318ELAM-ssec.6) Despite chapters 2 and 6, the activity is not an authorised activity for the mining tenement while the restriction applies or if the requirement has not been complied with.","sortOrder":659},{"sectionNumber":"sec.318ELAN","sectionType":"section","heading":"What is an overlapping authority (geothermal or GHG)","content":"### sec.318ELAN What is an overlapping authority (geothermal or GHG)\n\nAn overlapping authority (geothermal or GHG) , for a mining tenement, is any geothermal tenure or GHG authority all or part of the area of which is in the mining tenement’s area.\nAn overlapping authority (geothermal or GHG) , for a proposed mining tenement, is any geothermal tenure or GHG authority all or part of the area of which will, if the proposed mining tenement is granted, be in the mining tenement’s area.\ns 318ELAN ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\n(sec.318ELAN-ssec.1) An overlapping authority (geothermal or GHG) , for a mining tenement, is any geothermal tenure or GHG authority all or part of the area of which is in the mining tenement’s area.\n(sec.318ELAN-ssec.2) An overlapping authority (geothermal or GHG) , for a proposed mining tenement, is any geothermal tenure or GHG authority all or part of the area of which will, if the proposed mining tenement is granted, be in the mining tenement’s area.","sortOrder":660},{"sectionNumber":"sec.318ELAO","sectionType":"section","heading":"General provision about mining tenements for land subject to geothermal tenure or GHG authority","content":"### sec.318ELAO General provision about mining tenements for land subject to geothermal tenure or GHG authority\n\nSubject to the other provisions of this chapter, chapters 2 to 8 and chapter 12 , part 1 , the Geothermal Act , GHG storage Act , a geothermal tenure or a GHG authority does not limit or otherwise affect—\nthe power under this Act to grant a mining tenement over land in the area of an overlapping authority (geothermal or GHG) for the proposed mining tenement; or\nthe carrying out of authorised activities for a mining tenement.\ns 318ELAO ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\namd 2012 No. 20 s 323 sch 3\n- (a) the power under this Act to grant a mining tenement over land in the area of an overlapping authority (geothermal or GHG) for the proposed mining tenement; or\n- (b) the carrying out of authorised activities for a mining tenement.","sortOrder":661},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Obtaining mining lease if overlapping tenure","content":"# Obtaining mining lease if overlapping tenure","sortOrder":662},{"sectionNumber":"ch.9-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":663},{"sectionNumber":"sec.318ELAP","sectionType":"section","heading":"Application of pt 2","content":"### sec.318ELAP Application of pt 2\n\nThis part applies if—\na person (the applicant ) wishes to make a mining lease application; and\nthere is an overlapping authority (geothermal or GHG) for the proposed mining lease; and\nthe overlapping authority (geothermal or GHG) is a geothermal tenure or GHG tenure (the overlapping tenure ).\ns 318ELAP ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\namd 2012 No. 20 s 323 sch 3\n- (a) a person (the applicant ) wishes to make a mining lease application; and\n- (b) there is an overlapping authority (geothermal or GHG) for the proposed mining lease; and\n- (c) the overlapping authority (geothermal or GHG) is a geothermal tenure or GHG tenure (the overlapping tenure ).","sortOrder":664},{"sectionNumber":"ch.9-pt.2-div.2","sectionType":"division","heading":"Requirements for application","content":"## Requirements for application","sortOrder":665},{"sectionNumber":"sec.318ELAQ","sectionType":"section","heading":"Requirements for making application","content":"### sec.318ELAQ Requirements for making application\n\nThe mining lease application must include—\na statement complying with section 318ELAR (an information statement ); and\nother information addressing the matters mentioned in subsection (2) (the assessment criteria ).\nChapter 8 , part 9 also imposes development plan requirements for a proposed coal mining lease or oil shale mining lease.\nThe assessment criteria are—\nthe potential for the parties to make the following for the proposed mining lease—\nfor a geothermal tenure—a geothermal coordination arrangement;\nfor a GHG tenure—a GHG coordination arrangement; and\nthe economic and technical viability of the concurrent or coordinated carrying out of authorised activities for the proposed mining lease and the overlapping tenure; and\nthe public interest.\ns 318ELAQ ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\namd 2012 No. 20 s 323 sch 3\n(sec.318ELAQ-ssec.1) The mining lease application must include— a statement complying with section 318ELAR (an information statement ); and other information addressing the matters mentioned in subsection (2) (the assessment criteria ). Chapter 8 , part 9 also imposes development plan requirements for a proposed coal mining lease or oil shale mining lease.\n(sec.318ELAQ-ssec.2) The assessment criteria are— the potential for the parties to make the following for the proposed mining lease— for a geothermal tenure—a geothermal coordination arrangement; for a GHG tenure—a GHG coordination arrangement; and the economic and technical viability of the concurrent or coordinated carrying out of authorised activities for the proposed mining lease and the overlapping tenure; and the public interest.\n- (a) a statement complying with section 318ELAR (an information statement ); and\n- (b) other information addressing the matters mentioned in subsection (2) (the assessment criteria ).\n- (a) the potential for the parties to make the following for the proposed mining lease— (i) for a geothermal tenure—a geothermal coordination arrangement; (ii) for a GHG tenure—a GHG coordination arrangement; and\n- (i) for a geothermal tenure—a geothermal coordination arrangement;\n- (ii) for a GHG tenure—a GHG coordination arrangement; and\n- (b) the economic and technical viability of the concurrent or coordinated carrying out of authorised activities for the proposed mining lease and the overlapping tenure; and\n- (c) the public interest.\n- (i) for a geothermal tenure—a geothermal coordination arrangement;\n- (ii) for a GHG tenure—a GHG coordination arrangement; and","sortOrder":666},{"sectionNumber":"sec.318ELAR","sectionType":"section","heading":"Content requirements for information statement","content":"### sec.318ELAR Content requirements for information statement\n\nThe information statement must assess—\nthe likely effect of proposed activities under the proposed mining lease on the future carrying out of authorised activities for the overlapping tenure; and\nthe technical and commercial feasibility of coordinating the proposed activities and the future carrying out of the authorised activities.\ns 318ELAR ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\n- (a) the likely effect of proposed activities under the proposed mining lease on the future carrying out of authorised activities for the overlapping tenure; and\n- (b) the technical and commercial feasibility of coordinating the proposed activities and the future carrying out of the authorised activities.","sortOrder":667},{"sectionNumber":"ch.9-pt.2-div.3","sectionType":"division","heading":"Consultation provisions","content":"## Consultation provisions","sortOrder":668},{"sectionNumber":"sec.318ELAS","sectionType":"section","heading":"Applicant’s information obligation","content":"### sec.318ELAS Applicant’s information obligation\n\nThe applicant must within 10 business days after making the mining lease application give the overlapping tenure holder a copy of the application.\nIf the Minister is reasonably satisfied the applicant has not complied with subsection (1) , the Minister may refuse the mining lease application.\ns 318ELAS ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\n(sec.318ELAS-ssec.1) The applicant must within 10 business days after making the mining lease application give the overlapping tenure holder a copy of the application.\n(sec.318ELAS-ssec.2) If the Minister is reasonably satisfied the applicant has not complied with subsection (1) , the Minister may refuse the mining lease application.","sortOrder":669},{"sectionNumber":"sec.318ELAT","sectionType":"section","heading":"Submissions by overlapping tenure holder","content":"### sec.318ELAT Submissions by overlapping tenure holder\n\nThe overlapping tenure holder may lodge submissions about the mining lease application ( holder submissions ).\nHowever, holder submissions may be lodged only within 4 months after the holder is given a copy of the application.\nHolder submissions may do all or any of the following—\nstate that the holder does not object to the granting of the proposed mining lease;\nif the overlapping tenure is a geothermal permit or GHG permit—\nstate that the holder does not wish any priority for the carrying out of authorised activities for any future lease that may arise from the permit ( overlapping authority priority ); or\ninclude a proposal by the overlapping tenure holder for the authorised activities for which overlapping authority priority is sought;\ninclude information about authorised activities carried out under the overlapping tenure;\ninclude information relevant to the assessment criteria.\nThe holder must give the applicant a copy of the holder submissions.\ns 318ELAT ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\namd 2012 No. 20 s 281 sch 2\n(sec.318ELAT-ssec.1) The overlapping tenure holder may lodge submissions about the mining lease application ( holder submissions ).\n(sec.318ELAT-ssec.2) However, holder submissions may be lodged only within 4 months after the holder is given a copy of the application.\n(sec.318ELAT-ssec.3) Holder submissions may do all or any of the following— state that the holder does not object to the granting of the proposed mining lease; if the overlapping tenure is a geothermal permit or GHG permit— state that the holder does not wish any priority for the carrying out of authorised activities for any future lease that may arise from the permit ( overlapping authority priority ); or include a proposal by the overlapping tenure holder for the authorised activities for which overlapping authority priority is sought; include information about authorised activities carried out under the overlapping tenure; include information relevant to the assessment criteria.\n(sec.318ELAT-ssec.4) The holder must give the applicant a copy of the holder submissions.\n- (a) state that the holder does not object to the granting of the proposed mining lease;\n- (b) if the overlapping tenure is a geothermal permit or GHG permit— (i) state that the holder does not wish any priority for the carrying out of authorised activities for any future lease that may arise from the permit ( overlapping authority priority ); or (ii) include a proposal by the overlapping tenure holder for the authorised activities for which overlapping authority priority is sought;\n- (i) state that the holder does not wish any priority for the carrying out of authorised activities for any future lease that may arise from the permit ( overlapping authority priority ); or\n- (ii) include a proposal by the overlapping tenure holder for the authorised activities for which overlapping authority priority is sought;\n- (c) include information about authorised activities carried out under the overlapping tenure;\n- (d) include information relevant to the assessment criteria.\n- (i) state that the holder does not wish any priority for the carrying out of authorised activities for any future lease that may arise from the permit ( overlapping authority priority ); or\n- (ii) include a proposal by the overlapping tenure holder for the authorised activities for which overlapping authority priority is sought;","sortOrder":670},{"sectionNumber":"ch.9-pt.2-div.4","sectionType":"division","heading":"Resource management decision if overlapping permit","content":"## Resource management decision if overlapping permit","sortOrder":671},{"sectionNumber":"sec.318ELAU","sectionType":"section","heading":"Application of div 4","content":"### sec.318ELAU Application of div 4\n\nThis division applies if—\nthe overlapping tenure is a geothermal permit or GHG permit (the overlapping permit ); and\nthe overlapping permit holder has lodged holder submissions within 4 months after the holder was given a copy of the application; and\nthe submissions state that the holder wishes overlapping authority priority.\nHowever, this division does not apply if under the Geothermal Act , chapter 5 or the GHG storage Act , chapter 4 , overlapping authority priority has been given for any of the relevant land.\nIf this subdivision does not apply, the mining lease application proceeds immediately to a decision under chapter 6 , part 1 as affected by division 7 .\ns 318ELAU ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\namd 2012 No. 20 s 323 sch 3\n(sec.318ELAU-ssec.1) This division applies if— the overlapping tenure is a geothermal permit or GHG permit (the overlapping permit ); and the overlapping permit holder has lodged holder submissions within 4 months after the holder was given a copy of the application; and the submissions state that the holder wishes overlapping authority priority.\n(sec.318ELAU-ssec.2) However, this division does not apply if under the Geothermal Act , chapter 5 or the GHG storage Act , chapter 4 , overlapping authority priority has been given for any of the relevant land. If this subdivision does not apply, the mining lease application proceeds immediately to a decision under chapter 6 , part 1 as affected by division 7 .\n- (a) the overlapping tenure is a geothermal permit or GHG permit (the overlapping permit ); and\n- (b) the overlapping permit holder has lodged holder submissions within 4 months after the holder was given a copy of the application; and\n- (c) the submissions state that the holder wishes overlapping authority priority.","sortOrder":672},{"sectionNumber":"sec.318ELAV","sectionType":"section","heading":"Operation of div 4","content":"### sec.318ELAV Operation of div 4\n\nThis division provides for the Minister to make a decision (the resource management decision ) about whether—\nto grant the mining lease under section 271A ; or\nto give any overlapping authority priority for all or part of the relevant land; or\nnot to grant the mining lease and not to give any overlapping authority priority for all or part of the relevant land.\ns 318ELAV ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\namd 2012 No. 20 s 281 sch 2 , s 323 sch 3\n- (a) to grant the mining lease under section 271A ; or\n- (b) to give any overlapping authority priority for all or part of the relevant land; or\n- (c) not to grant the mining lease and not to give any overlapping authority priority for all or part of the relevant land.","sortOrder":673},{"sectionNumber":"sec.318ELAW","sectionType":"section","heading":"Criteria for decision","content":"### sec.318ELAW Criteria for decision\n\nThe Minister must consider the following in making the resource management decision—\nthe information statement;\nthe assessment criteria;\nthe holder submissions;\nthe public interest.\ns 318ELAW ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\n- (a) the information statement;\n- (b) the assessment criteria;\n- (c) the holder submissions;\n- (d) the public interest.","sortOrder":674},{"sectionNumber":"sec.318ELAX","sectionType":"section","heading":"Restrictions on giving overlapping authority priority","content":"### sec.318ELAX Restrictions on giving overlapping authority priority\n\nOverlapping authority priority may be given only if the Minister considers—\neither—\nit is unlikely the applicant and the overlapping permit holder will enter into—\nfor a geothermal permit—a geothermal coordination arrangement; or\nfor a GHG permit—a GHG coordination arrangement; or\nan arrangement mentioned in subparagraph (i) for the proposed mining lease is not commercially or technically feasible; and\nthe public interest would be best served by not granting a mining lease to the applicant first.\ns 318ELAX ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\n- (a) either— (i) it is unlikely the applicant and the overlapping permit holder will enter into— (A) for a geothermal permit—a geothermal coordination arrangement; or (B) for a GHG permit—a GHG coordination arrangement; or (ii) an arrangement mentioned in subparagraph (i) for the proposed mining lease is not commercially or technically feasible; and\n- (i) it is unlikely the applicant and the overlapping permit holder will enter into— (A) for a geothermal permit—a geothermal coordination arrangement; or (B) for a GHG permit—a GHG coordination arrangement; or\n- (A) for a geothermal permit—a geothermal coordination arrangement; or\n- (B) for a GHG permit—a GHG coordination arrangement; or\n- (ii) an arrangement mentioned in subparagraph (i) for the proposed mining lease is not commercially or technically feasible; and\n- (b) the public interest would be best served by not granting a mining lease to the applicant first.\n- (i) it is unlikely the applicant and the overlapping permit holder will enter into— (A) for a geothermal permit—a geothermal coordination arrangement; or (B) for a GHG permit—a GHG coordination arrangement; or\n- (A) for a geothermal permit—a geothermal coordination arrangement; or\n- (B) for a GHG permit—a GHG coordination arrangement; or\n- (ii) an arrangement mentioned in subparagraph (i) for the proposed mining lease is not commercially or technically feasible; and\n- (A) for a geothermal permit—a geothermal coordination arrangement; or\n- (B) for a GHG permit—a GHG coordination arrangement; or","sortOrder":675},{"sectionNumber":"ch.9-pt.2-div.5","sectionType":"division","heading":"Process if resource management decision is to give overlapping authority priority","content":"## Process if resource management decision is to give overlapping authority priority","sortOrder":676},{"sectionNumber":"sec.318ELAY","sectionType":"section","heading":"Application of div 5","content":"### sec.318ELAY Application of div 5\n\nThis division applies only if, under division 4 , a resource management decision is required and the decision is to give overlapping authority priority for all or part of the relevant land.\ns 318ELAY ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\namd 2012 No. 20 s 125 sch 1 , s 323 sch 3","sortOrder":677},{"sectionNumber":"sec.318ELAZ","sectionType":"section","heading":"Notice to applicant and overlapping permit holder","content":"### sec.318ELAZ Notice to applicant and overlapping permit holder\n\nThe chief executive must give the applicant and the overlapping permit holder written notice of the resource management decision.\nThe notice must invite the overlapping permit holder to, within 6 months after the giving of the notice (the overlapping authority application period ), apply for a lease as follows (an overlapping lease ) for the land mentioned in subsection (3) —\nif the overlapping permit is a geothermal permit—a geothermal lease;\nif the overlapping permit is a GHG permit—a GHG lease.\nFor subsection (2) , the land is—\nif the overlapping authority priority is for all of the land—for all of the land; or\nif the priority is for part of the land—for that part.\ns 318ELAZ ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\n(sec.318ELAZ-ssec.1) The chief executive must give the applicant and the overlapping permit holder written notice of the resource management decision.\n(sec.318ELAZ-ssec.2) The notice must invite the overlapping permit holder to, within 6 months after the giving of the notice (the overlapping authority application period ), apply for a lease as follows (an overlapping lease ) for the land mentioned in subsection (3) — if the overlapping permit is a geothermal permit—a geothermal lease; if the overlapping permit is a GHG permit—a GHG lease.\n(sec.318ELAZ-ssec.3) For subsection (2) , the land is— if the overlapping authority priority is for all of the land—for all of the land; or if the priority is for part of the land—for that part.\n- (a) if the overlapping permit is a geothermal permit—a geothermal lease;\n- (b) if the overlapping permit is a GHG permit—a GHG lease.\n- (a) if the overlapping authority priority is for all of the land—for all of the land; or\n- (b) if the priority is for part of the land—for that part.","sortOrder":678},{"sectionNumber":"sec.318ELBA","sectionType":"section","heading":"Overlapping lease application for all of the land","content":"### sec.318ELBA Overlapping lease application for all of the land\n\nThis section applies if—\nthe overlapping authority priority is for all of the land; and\nwithin the overlapping authority application period the overlapping permit holder applies for an overlapping lease for all of the land.\nA further step can not be taken to decide the mining lease application until after the overlapping lease application has been decided.\nThe Geothermal Act , chapter 5 , part 5 and the GHG storage Act , chapter 4 , part 5 provide for refusal of the overlapping lease application if it is not pursued in a timely manner.\nIf the decision on the overlapping lease application is to grant an overlapping lease for all of the land, the mining lease application is taken to have lapsed.\ns 318ELBA ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\n(sec.318ELBA-ssec.1) This section applies if— the overlapping authority priority is for all of the land; and within the overlapping authority application period the overlapping permit holder applies for an overlapping lease for all of the land.\n(sec.318ELBA-ssec.2) A further step can not be taken to decide the mining lease application until after the overlapping lease application has been decided. The Geothermal Act , chapter 5 , part 5 and the GHG storage Act , chapter 4 , part 5 provide for refusal of the overlapping lease application if it is not pursued in a timely manner.\n(sec.318ELBA-ssec.3) If the decision on the overlapping lease application is to grant an overlapping lease for all of the land, the mining lease application is taken to have lapsed.\n- (a) the overlapping authority priority is for all of the land; and\n- (b) within the overlapping authority application period the overlapping permit holder applies for an overlapping lease for all of the land.","sortOrder":679},{"sectionNumber":"sec.318ELBB","sectionType":"section","heading":"Overlapping lease application for part of the land","content":"### sec.318ELBB Overlapping lease application for part of the land\n\nThis section applies if the overlapping permit holder applies for an overlapping lease for part of the land within the overlapping authority application period.\nThe person who made the mining lease application may amend it so that a mining lease is only sought for all or part of the rest of the land.\nUnless the amendment is made, a further step can not be taken to decide the mining lease application until after the overlapping lease application has been decided.\nIf—\nthe amendment has not been made; and\nthe decision on the overlapping lease application is to grant an overlapping lease for part of the land;\nthe person who made the mining lease application may amend it so that a mining lease is only sought for all or part of the rest of the land.\nIf the mining lease application is not amended, see section 318ELBF (Application may be refused if no reasonable prospects of future geothermal or GHG coordination arrangement).\ns 318ELBB ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\n(sec.318ELBB-ssec.1) This section applies if the overlapping permit holder applies for an overlapping lease for part of the land within the overlapping authority application period.\n(sec.318ELBB-ssec.2) The person who made the mining lease application may amend it so that a mining lease is only sought for all or part of the rest of the land.\n(sec.318ELBB-ssec.3) Unless the amendment is made, a further step can not be taken to decide the mining lease application until after the overlapping lease application has been decided.\n(sec.318ELBB-ssec.4) If— the amendment has not been made; and the decision on the overlapping lease application is to grant an overlapping lease for part of the land; the person who made the mining lease application may amend it so that a mining lease is only sought for all or part of the rest of the land. If the mining lease application is not amended, see section 318ELBF (Application may be refused if no reasonable prospects of future geothermal or GHG coordination arrangement).\n- (a) the amendment has not been made; and\n- (b) the decision on the overlapping lease application is to grant an overlapping lease for part of the land;","sortOrder":680},{"sectionNumber":"sec.318ELBC","sectionType":"section","heading":"No overlapping lease application","content":"### sec.318ELBC No overlapping lease application\n\nIf the overlapping permit holder does not apply for an overlapping lease for any of the land within the overlapping authority application period, the mining lease application may be decided.\ns 318ELBC ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525","sortOrder":681},{"sectionNumber":"ch.9-pt.2-div.6","sectionType":"division","heading":"Resource management decision not to grant and not to give priority","content":"## Resource management decision not to grant and not to give priority","sortOrder":682},{"sectionNumber":"sec.318ELBD","sectionType":"section","heading":"Lapsing of application","content":"### sec.318ELBD Lapsing of application\n\nThe mining lease application is taken to have lapsed if—\nunder division 4 , a resource management decision is required; and\nthe decision was not to grant the mining lease and not to give any overlapping authority priority for any of the relevant land.\ns 318ELBD ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\namd 2012 No. 20 s 281 sch 2 , s 323 sch 3\n- (a) under division 4 , a resource management decision is required; and\n- (b) the decision was not to grant the mining lease and not to give any overlapping authority priority for any of the relevant land.","sortOrder":683},{"sectionNumber":"ch.9-pt.2-div.7","sectionType":"division","heading":"Deciding application","content":"## Deciding application","sortOrder":684},{"sectionNumber":"sec.318ELBE","sectionType":"section","heading":"Application of div 7","content":"### sec.318ELBE Application of div 7\n\nThis division applies only if—\nthe overlapping tenure holder has not lodged holder submissions within 4 months after the holder was given a copy of the application (the submission period ) or at all; or\nthe overlapping tenure holder has lodged holder submissions within the submission period stating that the holder does not wish any overlapping authority priority; or\nunder division 4 , a resource management decision is required and—\nthe resource management decision is not to give overlapping authority priority for any of the relevant land; or\nthe resource management decision is to give overlapping authority priority for all or part of the relevant land and after division 5 has been complied with the Minister decides to grant a mining lease for the land.\ns 318ELBE ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\namd 2012 No. 20 s 281 sch 2 , s 323 sch 3\n- (a) the overlapping tenure holder has not lodged holder submissions within 4 months after the holder was given a copy of the application (the submission period ) or at all; or\n- (b) the overlapping tenure holder has lodged holder submissions within the submission period stating that the holder does not wish any overlapping authority priority; or\n- (c) under division 4 , a resource management decision is required and— (i) the resource management decision is not to give overlapping authority priority for any of the relevant land; or (ii) the resource management decision is to give overlapping authority priority for all or part of the relevant land and after division 5 has been complied with the Minister decides to grant a mining lease for the land.\n- (i) the resource management decision is not to give overlapping authority priority for any of the relevant land; or\n- (ii) the resource management decision is to give overlapping authority priority for all or part of the relevant land and after division 5 has been complied with the Minister decides to grant a mining lease for the land.\n- (i) the resource management decision is not to give overlapping authority priority for any of the relevant land; or\n- (ii) the resource management decision is to give overlapping authority priority for all or part of the relevant land and after division 5 has been complied with the Minister decides to grant a mining lease for the land.","sortOrder":685},{"sectionNumber":"sec.318ELBF","sectionType":"section","heading":"Application may be refused if no reasonable prospects of future geothermal or GHG coordination arrangement","content":"### sec.318ELBF Application may be refused if no reasonable prospects of future geothermal or GHG coordination arrangement\n\nThis section applies if—\nthe Minister is satisfied the applicant and the overlapping tenure holder have made reasonable attempts to reach the following (a relevant arrangement )—\nif the overlapping tenure is a geothermal permit—a proposed geothermal coordination arrangement;\nif the overlapping tenure is a GHG permit—a proposed GHG coordination arrangement; and\neither—\nthe overlapping tenure holder has lodged a written notice stating there are no reasonable prospects of a relevant arrangement being made; or\na relevant arrangement has not been lodged for approval by the Minister and the Minister considers the applicant and the overlapping tenure holder have had a reasonable opportunity to make a relevant arrangement.\nThe Minister may decide to refuse the application.\ns 318ELBF ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\namd 2012 No. 20 s 281 sch 2\n(sec.318ELBF-ssec.1) This section applies if— the Minister is satisfied the applicant and the overlapping tenure holder have made reasonable attempts to reach the following (a relevant arrangement )— if the overlapping tenure is a geothermal permit—a proposed geothermal coordination arrangement; if the overlapping tenure is a GHG permit—a proposed GHG coordination arrangement; and either— the overlapping tenure holder has lodged a written notice stating there are no reasonable prospects of a relevant arrangement being made; or a relevant arrangement has not been lodged for approval by the Minister and the Minister considers the applicant and the overlapping tenure holder have had a reasonable opportunity to make a relevant arrangement.\n(sec.318ELBF-ssec.2) The Minister may decide to refuse the application.\n- (a) the Minister is satisfied the applicant and the overlapping tenure holder have made reasonable attempts to reach the following (a relevant arrangement )— (i) if the overlapping tenure is a geothermal permit—a proposed geothermal coordination arrangement; (ii) if the overlapping tenure is a GHG permit—a proposed GHG coordination arrangement; and\n- (i) if the overlapping tenure is a geothermal permit—a proposed geothermal coordination arrangement;\n- (ii) if the overlapping tenure is a GHG permit—a proposed GHG coordination arrangement; and\n- (b) either— (i) the overlapping tenure holder has lodged a written notice stating there are no reasonable prospects of a relevant arrangement being made; or (ii) a relevant arrangement has not been lodged for approval by the Minister and the Minister considers the applicant and the overlapping tenure holder have had a reasonable opportunity to make a relevant arrangement.\n- (i) the overlapping tenure holder has lodged a written notice stating there are no reasonable prospects of a relevant arrangement being made; or\n- (ii) a relevant arrangement has not been lodged for approval by the Minister and the Minister considers the applicant and the overlapping tenure holder have had a reasonable opportunity to make a relevant arrangement.\n- (i) if the overlapping tenure is a geothermal permit—a proposed geothermal coordination arrangement;\n- (ii) if the overlapping tenure is a GHG permit—a proposed GHG coordination arrangement; and\n- (i) the overlapping tenure holder has lodged a written notice stating there are no reasonable prospects of a relevant arrangement being made; or\n- (ii) a relevant arrangement has not been lodged for approval by the Minister and the Minister considers the applicant and the overlapping tenure holder have had a reasonable opportunity to make a relevant arrangement.","sortOrder":686},{"sectionNumber":"sec.318ELBG","sectionType":"section","heading":"Additional criteria for deciding provisions of mining lease","content":"### sec.318ELBG Additional criteria for deciding provisions of mining lease\n\nIn making a decision as follows, regard must be had to the prescribed criteria—\ndeciding conditions of the mining lease under section 276 (1) (o) ;\ndeciding the term of the lease under section 284 .\nIn this section—\nprescribed criteria means all of the following—\nthe information statement;\nthe assessment criteria;\nany holder submissions;\nthe effect of the mining lease on the safe and efficient carrying out of authorised activities for the overlapping tenure;\nfor an overlapping permit—the effect of the mining lease on the safe and efficient carrying out of authorised activities for any future lease that may arise from the permit.\ns 318ELBG ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\namd 2012 No. 20 s 281 sch 2 ; 2018 No. 24 s 139 ; 2024 No. 33 s 183 s ch 1 pt 2\n(sec.318ELBG-ssec.1) In making a decision as follows, regard must be had to the prescribed criteria— deciding conditions of the mining lease under section 276 (1) (o) ; deciding the term of the lease under section 284 .\n(sec.318ELBG-ssec.2) In this section— prescribed criteria means all of the following— the information statement; the assessment criteria; any holder submissions; the effect of the mining lease on the safe and efficient carrying out of authorised activities for the overlapping tenure; for an overlapping permit—the effect of the mining lease on the safe and efficient carrying out of authorised activities for any future lease that may arise from the permit.\n- (a) deciding conditions of the mining lease under section 276 (1) (o) ;\n- (b) deciding the term of the lease under section 284 .\n- (a) the information statement;\n- (b) the assessment criteria;\n- (c) any holder submissions;\n- (d) the effect of the mining lease on the safe and efficient carrying out of authorised activities for the overlapping tenure;\n- (e) for an overlapping permit—the effect of the mining lease on the safe and efficient carrying out of authorised activities for any future lease that may arise from the permit.","sortOrder":687},{"sectionNumber":"sec.318ELBH","sectionType":"section","heading":"Publication of outcome of application","content":"### sec.318ELBH Publication of outcome of application\n\nAfter the Minister decides whether or not to grant the mining lease, the chief executive must publish a notice about the outcome of the mining lease application in or on at least 1 of the following—\nthe gazette;\nthe department’s website;\nanother publication the chief executive considers appropriate.\nThe notice must state—\nthe decision; and\nif the decision was to grant the mining lease—all conditions decided by the Minister; and\nif, under division 4 , a resource management decision is required and the decision is to give overlapping authority priority for all or part of the land—the decision and the reasons for it.\nHowever, if the chief executive considers information in a condition is commercial-in-confidence, the chief executive may instead of publishing the condition publish a statement about its intent.\ns 318ELBH ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\namd 2012 No. 20 ss 223 , 323 sch 3\n(sec.318ELBH-ssec.1) After the Minister decides whether or not to grant the mining lease, the chief executive must publish a notice about the outcome of the mining lease application in or on at least 1 of the following— the gazette; the department’s website; another publication the chief executive considers appropriate.\n(sec.318ELBH-ssec.2) The notice must state— the decision; and if the decision was to grant the mining lease—all conditions decided by the Minister; and if, under division 4 , a resource management decision is required and the decision is to give overlapping authority priority for all or part of the land—the decision and the reasons for it.\n(sec.318ELBH-ssec.3) However, if the chief executive considers information in a condition is commercial-in-confidence, the chief executive may instead of publishing the condition publish a statement about its intent.\n- (a) the gazette;\n- (b) the department’s website;\n- (c) another publication the chief executive considers appropriate.\n- (a) the decision; and\n- (b) if the decision was to grant the mining lease—all conditions decided by the Minister; and\n- (c) if, under division 4 , a resource management decision is required and the decision is to give overlapping authority priority for all or part of the land—the decision and the reasons for it.","sortOrder":688},{"sectionNumber":"ch.9-pt.3","sectionType":"part","heading":"Priority to particular geothermal or GHG lease applications","content":"# Priority to particular geothermal or GHG lease applications","sortOrder":689},{"sectionNumber":"sec.318ELBI","sectionType":"section","heading":"Earlier geothermal or GHG lease application","content":"### sec.318ELBI Earlier geothermal or GHG lease application\n\nIf—\na mining lease application is made; and\nbefore the making of that application, an application (the other application ) was made for a geothermal lease or GHG lease (the other proposed lease ) but not decided; and\nthe other application had not been decided before the making of the mining lease application; and\nthe other proposed lease would, if it were granted, be an overlapping authority (geothermal or GHG) for the proposed mining lease;\nthe mining lease application must not be decided until the other application has been decided.\ns 318ELBI ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\n- (a) a mining lease application is made; and\n- (b) before the making of that application, an application (the other application ) was made for a geothermal lease or GHG lease (the other proposed lease ) but not decided; and\n- (c) the other application had not been decided before the making of the mining lease application; and\n- (d) the other proposed lease would, if it were granted, be an overlapping authority (geothermal or GHG) for the proposed mining lease;","sortOrder":690},{"sectionNumber":"sec.318ELBJ","sectionType":"section","heading":"Proposed geothermal or GHG lease for which EIS approval given","content":"### sec.318ELBJ Proposed geothermal or GHG lease for which EIS approval given\n\nThis section applies for a mining lease application if—\nbefore the making of the application, an approval under the Environmental Protection Act , chapter 3 , part 2 was granted for the voluntary preparation of an EIS; and\nthe EIS is for a project that is, or includes, a proposed geothermal lease or GHG lease (the proposed lease ) for land the subject of the application.\nThe application must not be decided until—\nif no application is made for the proposed lease within 1 year after the granting of the approval—the end of that year; or\nif an application is made for the proposed lease within that year—that application is decided.\ns 318ELBJ ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\n(sec.318ELBJ-ssec.1) This section applies for a mining lease application if— before the making of the application, an approval under the Environmental Protection Act , chapter 3 , part 2 was granted for the voluntary preparation of an EIS; and the EIS is for a project that is, or includes, a proposed geothermal lease or GHG lease (the proposed lease ) for land the subject of the application.\n(sec.318ELBJ-ssec.2) The application must not be decided until— if no application is made for the proposed lease within 1 year after the granting of the approval—the end of that year; or if an application is made for the proposed lease within that year—that application is decided.\n- (a) before the making of the application, an approval under the Environmental Protection Act , chapter 3 , part 2 was granted for the voluntary preparation of an EIS; and\n- (b) the EIS is for a project that is, or includes, a proposed geothermal lease or GHG lease (the proposed lease ) for land the subject of the application.\n- (a) if no application is made for the proposed lease within 1 year after the granting of the approval—the end of that year; or\n- (b) if an application is made for the proposed lease within that year—that application is decided.","sortOrder":691},{"sectionNumber":"sec.318ELBK","sectionType":"section","heading":"Proposed GHG lease declared a coordinated project","content":"### sec.318ELBK Proposed GHG lease declared a coordinated project\n\nThis section applies for a mining lease application if—\nbefore the making of the mining lease application a coordinated project was declared; and\nthe project is, or includes, a proposed geothermal lease or GHG lease (the proposed lease ) for land applied for in the application.\nThe application must not be decided until—\nif no application is made for the proposed lease within 1 year after the making of the declaration—the end of that year; or\nif an application is made for the proposed lease within that year—that application is decided.\ns 318ELBK ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\namd 2012 No. 20 s 125 sch 1 ; 2012 No. 43 s 325 sch 2\n(sec.318ELBK-ssec.1) This section applies for a mining lease application if— before the making of the mining lease application a coordinated project was declared; and the project is, or includes, a proposed geothermal lease or GHG lease (the proposed lease ) for land applied for in the application.\n(sec.318ELBK-ssec.2) The application must not be decided until— if no application is made for the proposed lease within 1 year after the making of the declaration—the end of that year; or if an application is made for the proposed lease within that year—that application is decided.\n- (a) before the making of the mining lease application a coordinated project was declared; and\n- (b) the project is, or includes, a proposed geothermal lease or GHG lease (the proposed lease ) for land applied for in the application.\n- (a) if no application is made for the proposed lease within 1 year after the making of the declaration—the end of that year; or\n- (b) if an application is made for the proposed lease within that year—that application is decided.","sortOrder":692},{"sectionNumber":"ch.9-pt.4","sectionType":"part","heading":"Mining lease applications in response to invitation under Geothermal Act or GHG storage Act","content":"# Mining lease applications in response to invitation under Geothermal Act or GHG storage Act","sortOrder":693},{"sectionNumber":"sec.318ELBL","sectionType":"section","heading":"Application of pt 4","content":"### sec.318ELBL Application of pt 4\n\nThis part applies if—\na mining lease application is made in response to an invitation given because of a resource management decision under the Geothermal Act or the GHG storage Act ; and\nthe application is made within 6 months after the giving of the invitation.\ns 318ELBL ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\namd 2012 No. 20 s 323 sch 3\n- (a) a mining lease application is made in response to an invitation given because of a resource management decision under the Geothermal Act or the GHG storage Act ; and\n- (b) the application is made within 6 months after the giving of the invitation.","sortOrder":694},{"sectionNumber":"sec.318ELBM","sectionType":"section","heading":"Minister may refuse application","content":"### sec.318ELBM Minister may refuse application\n\nThe Minister may refuse the application if satisfied the applicant has not, in a timely manner—\ntaken any step for the application required of the applicant under chapter 6 , chapter 8 or this chapter; or\nsatisfied the Minister about a matter that, under chapter 6 , chapter 8 or this chapter, is required for the Minister to grant the mining lease.\ns 318ELBM ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525 ; 2012 No. 20 s 224\namd 2012 No. 20 s 323 sch 3\n- (a) taken any step for the application required of the applicant under chapter 6 , chapter 8 or this chapter; or\n- (b) satisfied the Minister about a matter that, under chapter 6 , chapter 8 or this chapter, is required for the Minister to grant the mining lease.","sortOrder":695},{"sectionNumber":"ch.9-pt.5","sectionType":"part","heading":"Additional provisions for particular mining tenements","content":"# Additional provisions for particular mining tenements","sortOrder":696},{"sectionNumber":"ch.9-pt.5-div.1","sectionType":"division","heading":"Restrictions on authorised activities for particular mining tenements","content":"## Restrictions on authorised activities for particular mining tenements","sortOrder":697},{"sectionNumber":"sec.318ELBN","sectionType":"section","heading":"Prospecting permit overlapping with geothermal or GHG lease","content":"### sec.318ELBN Prospecting permit overlapping with geothermal or GHG lease\n\nThis section applies if—\nland in the area of a prospecting permit is in the area of a geothermal lease or GHG lease; and\nthe prospecting permit and the geothermal lease or GHG lease are not held by the same person.\nAn authorised activity for the prospecting permit may be carried out on the land only if—\nthe geothermal lease or GHG lease holder has not, in the way required under subsection (3) , objected to the carrying out of the activity; or\nif an objection under paragraph (a) has been made—the Minister has, under section 318ELBP , decided the authorised activity may be carried out.\nFor notice of authorised activities, see section 318ELBS .\nThe objection must be written and given to the prospecting permit holder and lodged.\ns 318ELBN ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\namd 2012 No. 20 s 281 sch 2\n(sec.318ELBN-ssec.1) This section applies if— land in the area of a prospecting permit is in the area of a geothermal lease or GHG lease; and the prospecting permit and the geothermal lease or GHG lease are not held by the same person.\n(sec.318ELBN-ssec.2) An authorised activity for the prospecting permit may be carried out on the land only if— the geothermal lease or GHG lease holder has not, in the way required under subsection (3) , objected to the carrying out of the activity; or if an objection under paragraph (a) has been made—the Minister has, under section 318ELBP , decided the authorised activity may be carried out. For notice of authorised activities, see section 318ELBS .\n(sec.318ELBN-ssec.3) The objection must be written and given to the prospecting permit holder and lodged.\n- (a) land in the area of a prospecting permit is in the area of a geothermal lease or GHG lease; and\n- (b) the prospecting permit and the geothermal lease or GHG lease are not held by the same person.\n- (a) the geothermal lease or GHG lease holder has not, in the way required under subsection (3) , objected to the carrying out of the activity; or\n- (b) if an objection under paragraph (a) has been made—the Minister has, under section 318ELBP , decided the authorised activity may be carried out.","sortOrder":698},{"sectionNumber":"sec.318ELBO","sectionType":"section","heading":"Other overlapping authorities","content":"### sec.318ELBO Other overlapping authorities\n\nThis section applies if land is in the area of a mining tenement and a geothermal tenure or GHG authority and section 318ELBN does not apply.\nAn authorised activity for the mining tenement can not be carried out on the land if—\ncarrying out the activity adversely affects the carrying out of an authorised activity for the geothermal tenure or GHG authority; and\nthe authorised activity for the geothermal tenure or GHG authority has already started.\ns 318ELBO ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\n(sec.318ELBO-ssec.1) This section applies if land is in the area of a mining tenement and a geothermal tenure or GHG authority and section 318ELBN does not apply.\n(sec.318ELBO-ssec.2) An authorised activity for the mining tenement can not be carried out on the land if— carrying out the activity adversely affects the carrying out of an authorised activity for the geothermal tenure or GHG authority; and the authorised activity for the geothermal tenure or GHG authority has already started.\n- (a) carrying out the activity adversely affects the carrying out of an authorised activity for the geothermal tenure or GHG authority; and\n- (b) the authorised activity for the geothermal tenure or GHG authority has already started.","sortOrder":699},{"sectionNumber":"sec.318ELBP","sectionType":"section","heading":"Resolving disputes","content":"### sec.318ELBP Resolving disputes\n\nThis section applies if, under section 318ELBN , a geothermal lease or GHG lease holder has objected to the carrying out of an authorised activity by a prospecting permit holder.\nThis section also applies if—\nsection 318ELBO applies to a mining tenement holder and a geothermal tenure or GHG authority holder; and\nthere is a dispute between the holders about whether an authorised activity for the mining tenement can be carried out under that section.\nEither of the parties may, by a notice in the approved form, ask the Minister to decide—\nfor section 318ELBN —whether the authorised activity may be carried out under that section; or\nfor section 318ELBO —whether the authorised activity may be carried out under that section.\nBefore making the decision, the Minister must give the parties a reasonable opportunity to make submissions about the request within a reasonable period.\nThe Minister must, after complying with subsection (4) and considering any submission made under that subsection, decide the matter and give the parties notice of the decision.\nThe Minister’s decision binds the parties.\nIf the request is about a matter mentioned in subsection (1) , the Minister may impose conditions on any decision that the authorised activity may be carried out.\nIn this section—\nparties means—\nfor a request about a matter mentioned in subsection (1) —the prospecting permit holder and the geothermal lease or GHG lease holder; or\nfor a request about a matter mentioned in subsection (2) —the mining tenement holder and the geothermal tenure or GHG authority holder.\ns 318ELBP ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\namd 2014 No. 47 s 458A (amd 2016 No. 30 s 100 )\n(sec.318ELBP-ssec.1) This section applies if, under section 318ELBN , a geothermal lease or GHG lease holder has objected to the carrying out of an authorised activity by a prospecting permit holder.\n(sec.318ELBP-ssec.2) This section also applies if— section 318ELBO applies to a mining tenement holder and a geothermal tenure or GHG authority holder; and there is a dispute between the holders about whether an authorised activity for the mining tenement can be carried out under that section.\n(sec.318ELBP-ssec.3) Either of the parties may, by a notice in the approved form, ask the Minister to decide— for section 318ELBN —whether the authorised activity may be carried out under that section; or for section 318ELBO —whether the authorised activity may be carried out under that section.\n(sec.318ELBP-ssec.4) Before making the decision, the Minister must give the parties a reasonable opportunity to make submissions about the request within a reasonable period.\n(sec.318ELBP-ssec.5) The Minister must, after complying with subsection (4) and considering any submission made under that subsection, decide the matter and give the parties notice of the decision.\n(sec.318ELBP-ssec.6) The Minister’s decision binds the parties.\n(sec.318ELBP-ssec.7) If the request is about a matter mentioned in subsection (1) , the Minister may impose conditions on any decision that the authorised activity may be carried out.\n(sec.318ELBP-ssec.8) In this section— parties means— for a request about a matter mentioned in subsection (1) —the prospecting permit holder and the geothermal lease or GHG lease holder; or for a request about a matter mentioned in subsection (2) —the mining tenement holder and the geothermal tenure or GHG authority holder.\n- (a) section 318ELBO applies to a mining tenement holder and a geothermal tenure or GHG authority holder; and\n- (b) there is a dispute between the holders about whether an authorised activity for the mining tenement can be carried out under that section.\n- (a) for section 318ELBN —whether the authorised activity may be carried out under that section; or\n- (b) for section 318ELBO —whether the authorised activity may be carried out under that section.\n- (a) for a request about a matter mentioned in subsection (1) —the prospecting permit holder and the geothermal lease or GHG lease holder; or\n- (b) for a request about a matter mentioned in subsection (2) —the mining tenement holder and the geothermal tenure or GHG authority holder.","sortOrder":700},{"sectionNumber":"ch.9-pt.5-div.2","sectionType":"division","heading":"Provisions about conditions","content":"## Provisions about conditions","sortOrder":701},{"sectionNumber":"sec.318ELBQ","sectionType":"section","heading":"Notice by particular mining tenement holders to particular geothermal tenure or GHG authority holders or applicants","content":"### sec.318ELBQ Notice by particular mining tenement holders to particular geothermal tenure or GHG authority holders or applicants\n\nThis section applies if—\na mining tenement as follows is granted—\na mining claim;\na mineral development licence;\nan exploration permit; and\nland in the mining tenement’s area is in the area of, or in a proposed area under an application for, a geothermal tenure or GHG authority other than a geothermal lease or GHG lease.\nIt is a condition of the mining tenement that its holder must within 20 business days after the holder receives notice of the grant of the tenement give the geothermal tenure or GHG authority holder or the applicant a written notice stating—\nthe mining tenement has been granted; and\nthe mining tenement holder’s name; and\nthe term of the mining tenement.\ns 318ELBQ ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\n(sec.318ELBQ-ssec.1) This section applies if— a mining tenement as follows is granted— a mining claim; a mineral development licence; an exploration permit; and land in the mining tenement’s area is in the area of, or in a proposed area under an application for, a geothermal tenure or GHG authority other than a geothermal lease or GHG lease.\n(sec.318ELBQ-ssec.2) It is a condition of the mining tenement that its holder must within 20 business days after the holder receives notice of the grant of the tenement give the geothermal tenure or GHG authority holder or the applicant a written notice stating— the mining tenement has been granted; and the mining tenement holder’s name; and the term of the mining tenement.\n- (a) a mining tenement as follows is granted— (i) a mining claim; (ii) a mineral development licence; (iii) an exploration permit; and\n- (i) a mining claim;\n- (ii) a mineral development licence;\n- (iii) an exploration permit; and\n- (b) land in the mining tenement’s area is in the area of, or in a proposed area under an application for, a geothermal tenure or GHG authority other than a geothermal lease or GHG lease.\n- (i) a mining claim;\n- (ii) a mineral development licence;\n- (iii) an exploration permit; and\n- (a) the mining tenement has been granted; and\n- (b) the mining tenement holder’s name; and\n- (c) the term of the mining tenement.","sortOrder":702},{"sectionNumber":"sec.318ELBR","sectionType":"section","heading":"Restriction on varying conditions of particular mining leases","content":"### sec.318ELBR Restriction on varying conditions of particular mining leases\n\nIf there is an overlapping authority (geothermal or GHG) for a mining lease, a condition of the mining lease must not be varied under section 294 unless the interests of the authority holder have been considered.\ns 318ELBR ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\namd 2012 No. 20 s 281 sch 2","sortOrder":703},{"sectionNumber":"sec.318ELBS","sectionType":"section","heading":"Condition to notify particular authority holders of proposed start of designated activities","content":"### sec.318ELBS Condition to notify particular authority holders of proposed start of designated activities\n\nThis section applies to a mining tenement holder if there is either of the following (the other authority ) for the mining tenement—\nan overlapping authority (geothermal or GHG);\na geothermal tenure or GHG authority sharing a common boundary with the mining tenement.\nBefore the mining tenement holder first starts a designated activity in the other authority’s area, the mining tenement holder must give the other authority holder at least 30 business days notice of the activity.\nA notice under subsection (2) must be written and state—\nwhen the designated activity is to start; and\nwhere the designated activity is to be carried out; and\nthe nature of the activity.\nBefore changing the land on which the designated activity is being carried out, the mining tenement tenure holder must give the other authority holder at least 30 business days notice in writing stating where the activity is to be carried out.\nCompliance with this section is a condition of the mining tenement.\nIn this section—\ndesignated activity means any authorised activity for the mining tenement, other than—\nan authorised activity for the mining tenement that is the same as or similar to an incidental activity under the Petroleum and Gas (Production and Safety) Act , section 33 or 112 ; or\nan activity only involving selecting places where other authorised activities for the mining tenement may be carried out.\ns 318ELBS ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\n(sec.318ELBS-ssec.1) This section applies to a mining tenement holder if there is either of the following (the other authority ) for the mining tenement— an overlapping authority (geothermal or GHG); a geothermal tenure or GHG authority sharing a common boundary with the mining tenement.\n(sec.318ELBS-ssec.2) Before the mining tenement holder first starts a designated activity in the other authority’s area, the mining tenement holder must give the other authority holder at least 30 business days notice of the activity.\n(sec.318ELBS-ssec.3) A notice under subsection (2) must be written and state— when the designated activity is to start; and where the designated activity is to be carried out; and the nature of the activity.\n(sec.318ELBS-ssec.4) Before changing the land on which the designated activity is being carried out, the mining tenement tenure holder must give the other authority holder at least 30 business days notice in writing stating where the activity is to be carried out.\n(sec.318ELBS-ssec.5) Compliance with this section is a condition of the mining tenement.\n(sec.318ELBS-ssec.6) In this section— designated activity means any authorised activity for the mining tenement, other than— an authorised activity for the mining tenement that is the same as or similar to an incidental activity under the Petroleum and Gas (Production and Safety) Act , section 33 or 112 ; or an activity only involving selecting places where other authorised activities for the mining tenement may be carried out.\n- (a) an overlapping authority (geothermal or GHG);\n- (b) a geothermal tenure or GHG authority sharing a common boundary with the mining tenement.\n- (a) when the designated activity is to start; and\n- (b) where the designated activity is to be carried out; and\n- (c) the nature of the activity.\n- (a) an authorised activity for the mining tenement that is the same as or similar to an incidental activity under the Petroleum and Gas (Production and Safety) Act , section 33 or 112 ; or\n- (b) an activity only involving selecting places where other authorised activities for the mining tenement may be carried out.","sortOrder":704},{"sectionNumber":"sec.318ELBT","sectionType":"section","heading":"Requirement to continue geothermal or GHG coordination arrangement after renewal of or dealing with mining lease","content":"### sec.318ELBT Requirement to continue geothermal or GHG coordination arrangement after renewal of or dealing with mining lease\n\nThis section applies if—\na mining lease has an overlapping authority (geothermal or GHG) that is a geothermal lease or GHG lease (the other lease ); and\na geothermal coordination arrangement or GHG coordination arrangement applies to the mining lease; and\na renewal, transfer, consolidation or subletting takes place for the mining lease.\nIt is a condition of the mining lease that its holder must continue to be a party to a GHG coordination arrangement for the mining lease while the other lease continues in force.\ns 318ELBT ins 2009 No. 3 s 511\nsub 2010 No. 31 s 525\namd 2012 No. 20 s 225\n(sec.318ELBT-ssec.1) This section applies if— a mining lease has an overlapping authority (geothermal or GHG) that is a geothermal lease or GHG lease (the other lease ); and a geothermal coordination arrangement or GHG coordination arrangement applies to the mining lease; and a renewal, transfer, consolidation or subletting takes place for the mining lease.\n(sec.318ELBT-ssec.2) It is a condition of the mining lease that its holder must continue to be a party to a GHG coordination arrangement for the mining lease while the other lease continues in force.\n- (a) a mining lease has an overlapping authority (geothermal or GHG) that is a geothermal lease or GHG lease (the other lease ); and\n- (b) a geothermal coordination arrangement or GHG coordination arrangement applies to the mining lease; and\n- (c) a renewal, transfer, consolidation or subletting takes place for the mining lease.","sortOrder":705},{"sectionNumber":"sec.318ELBU","sectionType":"section","heading":null,"content":"### Section sec.318ELBU\n\ns 318ELBU ins 2009 No. 3 s 511\nom 2010 No. 31 s 525","sortOrder":706},{"sectionNumber":"ch.10-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":707},{"sectionNumber":"sec.318EM","sectionType":"section","heading":null,"content":"### Section sec.318EM\n\ns 318EM (prev s 318A) ins 2002 No. 63 s 4\nrenum 2004 No. 25 s 1021\namd 2012 No. 43 s 325 sch 2 ; 2012 No. 20 s 323 sch 3\nom 2014 No. 47 s 378","sortOrder":708},{"sectionNumber":"sec.318EN","sectionType":"section","heading":null,"content":"### Section sec.318EN\n\ns 318EN (prev s 318B) ins 2002 No. 63 s 4\nrenum 2004 No. 25 s 1021\nom 2014 No. 47 s 378","sortOrder":709},{"sectionNumber":"sec.318EO","sectionType":"section","heading":null,"content":"### Section sec.318EO\n\ns 318EO (prev s 318C) ins 2002 No. 63 s 4\nrenum 2004 No. 25 s 1021\namd 2004 No. 25 s 1022 ; 2012 No. 20 s 125 sch 1\nom 2014 No. 47 s 378","sortOrder":710},{"sectionNumber":"ch.10-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":711},{"sectionNumber":"sec.318EP","sectionType":"section","heading":null,"content":"### Section sec.318EP\n\ns 318EP (prev s 318D) ins 2002 No. 63 s 4\nrenum 2004 No. 26 s 1021\namd 2012 No. 20 s 125 sch 1\nom 2014 No. 47 s 378","sortOrder":712},{"sectionNumber":"sec.318EQ","sectionType":"section","heading":null,"content":"### Section sec.318EQ\n\ns 318EQ (prev s 318E) ins 2002 No. 63 s 4\nrenum 2004 No. 25 s 1021\namd 2007 No. 39 s 41 sch\nom 2014 No. 47 s 378","sortOrder":713},{"sectionNumber":"sec.318ER","sectionType":"section","heading":null,"content":"### Section sec.318ER\n\ns 318ER (prev s 318F) ins 2002 No. 63 s 4\nrenum 2004 No. 25 s 1021\nom 2014 No. 47 s 378","sortOrder":714},{"sectionNumber":"ch.10-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":715},{"sectionNumber":"sec.318ES","sectionType":"section","heading":null,"content":"### Section sec.318ES\n\ns 318ES (prev s 318G) ins 2002 No. 63 s 4\nrenum 2004 No. 25 s 1021\namd 2004 No. 25 s 1023\nom 2014 No. 47 s 378","sortOrder":716},{"sectionNumber":"sec.318ET","sectionType":"section","heading":null,"content":"### Section sec.318ET\n\ns 318ET (prev s 318H) ins 2002 No. 63 s 4\nrenum 2004 No. 25 s 1021\nom 2014 No. 47 s 378","sortOrder":717},{"sectionNumber":"sec.318EU","sectionType":"section","heading":null,"content":"### Section sec.318EU\n\ns 318EU (prev s 318I) ins 2002 No. 63 s 4\nrenum 2004 No. 25 s 1021\namd 2007 No. 39 s 41 sch\nom 2014 No. 47 s 378","sortOrder":718},{"sectionNumber":"sec.318EV","sectionType":"section","heading":null,"content":"### Section sec.318EV\n\ns 318EV (prev s 318J) ins 2002 No. 63 s 4\nrenum 2004 No. 25 s 1021\namd 2007 No. 39 s 41 sch ; 2009 No. 17 s 331 sch 1\nom 2014 No. 47 s 378","sortOrder":719},{"sectionNumber":"sec.318EW","sectionType":"section","heading":null,"content":"### Section sec.318EW\n\ns 318EW (prev s 318K) ins 2002 No. 63 s 4\nrenum 2004 No. 25 s 1021\namd 2004 No. 25 s 1024 ; 2007 No. 39 s 41 sch\nom 2014 No. 47 s 378","sortOrder":720},{"sectionNumber":"sec.318EX","sectionType":"section","heading":null,"content":"### Section sec.318EX\n\ns 318EX (prev s 318L) ins 2002 No. 63 s 4\nrenum 2004 No. 25 s 1021\nom 2014 No. 47 s 378","sortOrder":721},{"sectionNumber":"sec.318EY","sectionType":"section","heading":null,"content":"### Section sec.318EY\n\ns 318EY (prev s 318M) ins 2002 No. 63 s 4\nrenum 2004 No. 25 s 1021\namd 2004 No. 25 s 1025 ; 2012 No. 20 s 323 sch 3\nom 2014 No. 47 s 378","sortOrder":722},{"sectionNumber":"ch.10-pt.8","sectionType":"part","heading":null,"content":"","sortOrder":723},{"sectionNumber":"ch.12-pt.1","sectionType":"part","heading":"Provisions for McFarlane oil shale deposit","content":"# Provisions for McFarlane oil shale deposit","sortOrder":724},{"sectionNumber":"ch.12-pt.1-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":725},{"sectionNumber":"sec.334E","sectionType":"section","heading":"Application of pt 1","content":"### sec.334E Application of pt 1\n\nSubject to subsection (3) , this part applies to all of the following land from when this section commences to 17 August 2028 (the moratorium period )—\nland in the area of mineral development licence 202;\nland in the area of exploration permits 3520 and 16668;\nthe area of exploration permit application 16748;\nland prescribed under a regulation ( prescribed land ).\nA regulation may be made under subsection (1) (d) only if the land to which this section applies will, after the making of the regulation, be a contiguous parcel of land.\nThis part applies to prescribed land only from the commencement of the regulation prescribing the oil shale mining tenement.\ns 334E (prev s 318ELAA) ins 2008 No. 56 s 71\namd 2012 No. 20 s 125 sch 1\nreloc and renum 2012 No. 20 s 300\namd 2012 No. 20 s 323 sch 3\n(sec.334E-ssec.1) Subject to subsection (3) , this part applies to all of the following land from when this section commences to 17 August 2028 (the moratorium period )— land in the area of mineral development licence 202; land in the area of exploration permits 3520 and 16668; the area of exploration permit application 16748; land prescribed under a regulation ( prescribed land ).\n(sec.334E-ssec.2) A regulation may be made under subsection (1) (d) only if the land to which this section applies will, after the making of the regulation, be a contiguous parcel of land.\n(sec.334E-ssec.3) This part applies to prescribed land only from the commencement of the regulation prescribing the oil shale mining tenement.\n- (a) land in the area of mineral development licence 202;\n- (b) land in the area of exploration permits 3520 and 16668;\n- (c) the area of exploration permit application 16748;\n- (d) land prescribed under a regulation ( prescribed land ).","sortOrder":726},{"sectionNumber":"sec.334F","sectionType":"section","heading":"What is an oil shale mining tenement","content":"### sec.334F What is an oil shale mining tenement\n\nAn oil shale mining tenement is a mining tenement granted for oil shale.\nSubsection (1) applies whether or not the mining tenement is also granted for another mineral.\ns 334F (prev s 318ELAB) ins 2008 No. 56 s 71\nreloc and renum 2012 No. 20 s 300\n(sec.334F-ssec.1) An oil shale mining tenement is a mining tenement granted for oil shale.\n(sec.334F-ssec.2) Subsection (1) applies whether or not the mining tenement is also granted for another mineral.","sortOrder":727},{"sectionNumber":"sec.334G","sectionType":"section","heading":"Relationship with other provisions of this Act","content":"### sec.334G Relationship with other provisions of this Act\n\nThis part applies despite any other provision of this Act and the conditions or other provisions of an oil shale mining tenement.\nIf a provision of this part conflicts with another provision of this Act, the provision of this part prevails to the extent of the inconsistency.\ns 334G (prev s 318ELAC) ins 2008 No. 56 s 71\nreloc and renum 2012 No. 20 s 300\n(sec.334G-ssec.1) This part applies despite any other provision of this Act and the conditions or other provisions of an oil shale mining tenement.\n(sec.334G-ssec.2) If a provision of this part conflicts with another provision of this Act, the provision of this part prevails to the extent of the inconsistency.","sortOrder":728},{"sectionNumber":"ch.12-pt.1-div.2","sectionType":"division","heading":"Moratorium provisions","content":"## Moratorium provisions","sortOrder":729},{"sectionNumber":"sec.334H","sectionType":"section","heading":"Prohibition on granting oil shale mining tenements","content":"### sec.334H Prohibition on granting oil shale mining tenements\n\nDuring the moratorium period an oil shale mining tenement can not be granted for the land.\nTo remove any doubt, it is declared that subsection (1) does not apply for a renewal that takes place because of section 334O .\ns 334H (prev s 318ELAD) ins 2008 No. 56 s 71\namd 2012 No. 20 s 323 sch 3\nreloc and renum 2012 No. 20 s 300\n(sec.334H-ssec.1) During the moratorium period an oil shale mining tenement can not be granted for the land.\n(sec.334H-ssec.2) To remove any doubt, it is declared that subsection (1) does not apply for a renewal that takes place because of section 334O .","sortOrder":730},{"sectionNumber":"sec.334I","sectionType":"section","heading":"Suspension of oil shale activities","content":"### sec.334I Suspension of oil shale activities\n\nThis section applies to an activity relating to oil shale (an oil shale activity ) that would, other than for this section, have been an authorised activity for an oil shale mining tenement for the land.\nSubject to section 334J —\nduring the moratorium period, any right to carry out the oil shale activity is suspended; and\nduring the suspension—\nthe oil shale activity is not an authorised activity for the mining tenement; and\nfor section 402 , the oil shale activity is taken not to be authorised under this Act or any other Act relating to mining.\ns 334I (prev s 318ELAE) ins 2008 No. 56 s 71\namd 2012 No. 20 s 323 sch 3\nreloc and renum 2012 No. 20 s 300\n(sec.334I-ssec.1) This section applies to an activity relating to oil shale (an oil shale activity ) that would, other than for this section, have been an authorised activity for an oil shale mining tenement for the land.\n(sec.334I-ssec.2) Subject to section 334J — during the moratorium period, any right to carry out the oil shale activity is suspended; and during the suspension— the oil shale activity is not an authorised activity for the mining tenement; and for section 402 , the oil shale activity is taken not to be authorised under this Act or any other Act relating to mining.\n- (a) during the moratorium period, any right to carry out the oil shale activity is suspended; and\n- (b) during the suspension— (i) the oil shale activity is not an authorised activity for the mining tenement; and (ii) for section 402 , the oil shale activity is taken not to be authorised under this Act or any other Act relating to mining.\n- (i) the oil shale activity is not an authorised activity for the mining tenement; and\n- (ii) for section 402 , the oil shale activity is taken not to be authorised under this Act or any other Act relating to mining.\n- (i) the oil shale activity is not an authorised activity for the mining tenement; and\n- (ii) for section 402 , the oil shale activity is taken not to be authorised under this Act or any other Act relating to mining.","sortOrder":731},{"sectionNumber":"sec.334J","sectionType":"section","heading":"Access rights for particular activities","content":"### sec.334J Access rights for particular activities\n\nDuring the moratorium period, the holder of an oil shale mining tenement for the land may—\nenter the area of the mining tenement to carry out rehabilitation or environmental management mentioned in the Common Provisions Act , section 72B ; and\nif the mining tenement is not a prospecting permit or exploration permit—enter the area to carry out low impact environmental monitoring; and\nthe monitoring of air, ecology, fauna, hydrology, soil or water\nenter the area to do all or any of the following—\nmove, remove or maintain equipment, machinery or plant;\ncarry out improvement restoration for the mining tenement;\ncarry out care and maintenance of disturbed areas;\ncarry out low impact track construction or maintenance;\nput in place or maintain low impact infrastructure for a purpose mentioned in subparagraphs (i) to (iv) .\nHowever, if the mining tenement is a prospecting permit or exploration permit, an activity mentioned in subsection (1) (c) (iv) or (v) may be carried out only if it is reasonably necessary because of rehabilitation or environmental management carried out under subsection (1) (a) .\nThe holder’s rights and obligations under the rest of this Act continue to apply for an entry and the carrying out of an activity authorised under subsection (1) .\nWithout limiting subsection (3) , a requirement under the rest of this Act that, other than for this part, would apply for an entry of a type authorised under subsection (1) applies for an entry authorised under subsection (1) .\nIn this section—\nlow impact means of low impact on the environment and of low impact for land disturbance.\nrest of this Act means the provisions of this Act, other than this part, and the Common Provisions Act .\ns 334J (prev s 318ELAF) ins 2008 No. 56 s 71\nreloc and renum 2012 No. 20 s 300\namd 2017 No. 28 s 26 ; 2019 No. 17 s 230\n(sec.334J-ssec.1) During the moratorium period, the holder of an oil shale mining tenement for the land may— enter the area of the mining tenement to carry out rehabilitation or environmental management mentioned in the Common Provisions Act , section 72B ; and if the mining tenement is not a prospecting permit or exploration permit—enter the area to carry out low impact environmental monitoring; and the monitoring of air, ecology, fauna, hydrology, soil or water enter the area to do all or any of the following— move, remove or maintain equipment, machinery or plant; carry out improvement restoration for the mining tenement; carry out care and maintenance of disturbed areas; carry out low impact track construction or maintenance; put in place or maintain low impact infrastructure for a purpose mentioned in subparagraphs (i) to (iv) .\n(sec.334J-ssec.2) However, if the mining tenement is a prospecting permit or exploration permit, an activity mentioned in subsection (1) (c) (iv) or (v) may be carried out only if it is reasonably necessary because of rehabilitation or environmental management carried out under subsection (1) (a) .\n(sec.334J-ssec.3) The holder’s rights and obligations under the rest of this Act continue to apply for an entry and the carrying out of an activity authorised under subsection (1) .\n(sec.334J-ssec.4) Without limiting subsection (3) , a requirement under the rest of this Act that, other than for this part, would apply for an entry of a type authorised under subsection (1) applies for an entry authorised under subsection (1) .\n(sec.334J-ssec.5) In this section— low impact means of low impact on the environment and of low impact for land disturbance. rest of this Act means the provisions of this Act, other than this part, and the Common Provisions Act .\n- (a) enter the area of the mining tenement to carry out rehabilitation or environmental management mentioned in the Common Provisions Act , section 72B ; and\n- (b) if the mining tenement is not a prospecting permit or exploration permit—enter the area to carry out low impact environmental monitoring; and Examples— the monitoring of air, ecology, fauna, hydrology, soil or water\n- (c) enter the area to do all or any of the following— (i) move, remove or maintain equipment, machinery or plant; (ii) carry out improvement restoration for the mining tenement; (iii) carry out care and maintenance of disturbed areas; (iv) carry out low impact track construction or maintenance; (v) put in place or maintain low impact infrastructure for a purpose mentioned in subparagraphs (i) to (iv) .\n- (i) move, remove or maintain equipment, machinery or plant;\n- (ii) carry out improvement restoration for the mining tenement;\n- (iii) carry out care and maintenance of disturbed areas;\n- (iv) carry out low impact track construction or maintenance;\n- (v) put in place or maintain low impact infrastructure for a purpose mentioned in subparagraphs (i) to (iv) .\n- (i) move, remove or maintain equipment, machinery or plant;\n- (ii) carry out improvement restoration for the mining tenement;\n- (iii) carry out care and maintenance of disturbed areas;\n- (iv) carry out low impact track construction or maintenance;\n- (v) put in place or maintain low impact infrastructure for a purpose mentioned in subparagraphs (i) to (iv) .","sortOrder":732},{"sectionNumber":"sec.334K","sectionType":"section","heading":"Ministerial power to suspend rental obligation","content":"### sec.334K Ministerial power to suspend rental obligation\n\nThis section applies if the Minister is satisfied that, because of section 334I , the holder of an oil shale mining tenement for the land is not able to, or will not be able to, carry out any authorised activity for the mining tenement.\nThe Minister may decide to suspend the holder’s rental obligation for all or any part of the current term of the mining tenement.\nHowever, the suspension can not take effect before 1 January 2009.\nDuring the suspension the holder’s rental obligation does not apply.\nIn this section—\nholder’s rental obligation means the holder’s obligation under this Act or a condition of the mining tenement to pay rent for the mining tenement.\ns 334K (prev s 318ELAG) ins 2008 No. 56 s 71\namd 2012 No. 20 s 323 sch 3\nreloc and renum 2012 No. 20 s 300\n(sec.334K-ssec.1) This section applies if the Minister is satisfied that, because of section 334I , the holder of an oil shale mining tenement for the land is not able to, or will not be able to, carry out any authorised activity for the mining tenement.\n(sec.334K-ssec.2) The Minister may decide to suspend the holder’s rental obligation for all or any part of the current term of the mining tenement.\n(sec.334K-ssec.3) However, the suspension can not take effect before 1 January 2009.\n(sec.334K-ssec.4) During the suspension the holder’s rental obligation does not apply.\n(sec.334K-ssec.5) In this section— holder’s rental obligation means the holder’s obligation under this Act or a condition of the mining tenement to pay rent for the mining tenement.","sortOrder":733},{"sectionNumber":"sec.334L","sectionType":"section","heading":"Suspension or waiver of reporting obligations","content":"### sec.334L Suspension or waiver of reporting obligations\n\nDuring the moratorium period a reporting obligation of the holder of an oil shale mining tenement for the land is suspended to the extent it relates to oil shale activities.\nSubsection (3) applies if the Minister is satisfied authorised activities have not been, or will not be, carried out for the mining tenement during all or any part of the current term of the mining tenement.\nThe Minister may, by written notice to the holder, waive the reporting obligation of the holder for all or any part of the current term of the mining tenement.\nIn this section—\nreporting obligation means an obligation under this Act or a condition of the mining tenement to submit reports to the Minister about authorised activities for the mining tenement.\ns 334L (prev s 318ELAH) ins 2008 No. 56 s 71\nreloc and renum 2012 No. 20 s 300\n(sec.334L-ssec.1) During the moratorium period a reporting obligation of the holder of an oil shale mining tenement for the land is suspended to the extent it relates to oil shale activities.\n(sec.334L-ssec.2) Subsection (3) applies if the Minister is satisfied authorised activities have not been, or will not be, carried out for the mining tenement during all or any part of the current term of the mining tenement.\n(sec.334L-ssec.3) The Minister may, by written notice to the holder, waive the reporting obligation of the holder for all or any part of the current term of the mining tenement.\n(sec.334L-ssec.4) In this section— reporting obligation means an obligation under this Act or a condition of the mining tenement to submit reports to the Minister about authorised activities for the mining tenement.","sortOrder":734},{"sectionNumber":"sec.334M","sectionType":"section","heading":"Suspension or waiver of performance requirements","content":"### sec.334M Suspension or waiver of performance requirements\n\nDuring the moratorium period a performance requirement of the holder of an oil shale mining tenement for the land is suspended to the extent it relates to oil shale activities.\nThe Minister may, by written notice to the holder, waive or reduce a performance requirement of the holder during all or any part of the current term of the mining tenement to take account of the effect of section 334I .\nIn this section—\nperformance requirement means a requirement under this Act or a condition of a mining tenement about performance.\ns 334M (prev s 318ELAI) ins 2008 No. 56 s 71\namd 2012 No. 20 s 323 sch 3\nreloc and renum 2012 No. 20 s 300\n(sec.334M-ssec.1) During the moratorium period a performance requirement of the holder of an oil shale mining tenement for the land is suspended to the extent it relates to oil shale activities.\n(sec.334M-ssec.2) The Minister may, by written notice to the holder, waive or reduce a performance requirement of the holder during all or any part of the current term of the mining tenement to take account of the effect of section 334I .\n(sec.334M-ssec.3) In this section— performance requirement means a requirement under this Act or a condition of a mining tenement about performance.","sortOrder":735},{"sectionNumber":"sec.334N","sectionType":"section","heading":"Transfers","content":"### sec.334N Transfers\n\nDuring the moratorium period the following may be transferred only if the conditions mentioned in subsection (2) have been complied with—\nan oil shale mining tenement for the land;\nan interest in an oil shale mining tenement for the land;\nan application for an oil shale mining tenement for the land.\nFor subsection (1) , the conditions are—\nthe Minister has given written consent to the transfer; and\nthe transfer is made in the approved form and lodged with the chief executive; and\nthe lodgement is accompanied by the fee prescribed under a regulation.\nThe Minister may, if asked in writing by the holder of, or the applicant for, the mining tenement and the proposed transferee, give written consent to the transfer.\nHowever, if there is an approved form for the making of the request, the request may be made only if it is in that form.\ns 334N (prev s 318ELAJ) ins 2008 No. 56 s 71\namd 2012 No. 20 s 222\nreloc and renum 2012 No. 20 s 300\namd 2013 No. 10 s 193 sch 1\n(sec.334N-ssec.1) During the moratorium period the following may be transferred only if the conditions mentioned in subsection (2) have been complied with— an oil shale mining tenement for the land; an interest in an oil shale mining tenement for the land; an application for an oil shale mining tenement for the land.\n(sec.334N-ssec.2) For subsection (1) , the conditions are— the Minister has given written consent to the transfer; and the transfer is made in the approved form and lodged with the chief executive; and the lodgement is accompanied by the fee prescribed under a regulation.\n(sec.334N-ssec.3) The Minister may, if asked in writing by the holder of, or the applicant for, the mining tenement and the proposed transferee, give written consent to the transfer.\n(sec.334N-ssec.4) However, if there is an approved form for the making of the request, the request may be made only if it is in that form.\n- (a) an oil shale mining tenement for the land;\n- (b) an interest in an oil shale mining tenement for the land;\n- (c) an application for an oil shale mining tenement for the land.\n- (a) the Minister has given written consent to the transfer; and\n- (b) the transfer is made in the approved form and lodged with the chief executive; and\n- (c) the lodgement is accompanied by the fee prescribed under a regulation.","sortOrder":736},{"sectionNumber":"sec.334O","sectionType":"section","heading":"Renewals","content":"### sec.334O Renewals\n\nThis section applies if, during the moratorium period, an oil shale mining tenement for the land reaches its expiry day.\nThe mining tenement is taken to have been renewed.\nThe term of the renewed mining tenement starts on the day after the expiry day and has the same duration as the mining tenement’s term that ended on the expiry day.\nThe renewed mining tenement has the same conditions that the mining tenement had immediately before the expiry day.\ns 334O (prev s 318ELAK) ins 2008 No. 56 s 71\nreloc and renum 2012 No. 20 s 300\n(sec.334O-ssec.1) This section applies if, during the moratorium period, an oil shale mining tenement for the land reaches its expiry day.\n(sec.334O-ssec.2) The mining tenement is taken to have been renewed.\n(sec.334O-ssec.3) The term of the renewed mining tenement starts on the day after the expiry day and has the same duration as the mining tenement’s term that ended on the expiry day.\n(sec.334O-ssec.4) The renewed mining tenement has the same conditions that the mining tenement had immediately before the expiry day.","sortOrder":737},{"sectionNumber":"sec.334P","sectionType":"section","heading":"Rights and obligations under other Acts not affected","content":"### sec.334P Rights and obligations under other Acts not affected\n\nTo remove any doubt, it is declared that this division does not limit or otherwise affect or suspend rights or obligations of the holder of an oil shale mining tenement under—\nthe Environmental Protection Act ; or\na relevant environmental condition for the mining tenement; or\nthe Petroleum and Gas (Production and Safety) Act , chapter 3 ; or\nPetroleum and Gas (Production and Safety) Act , chapter 3 (Provisions for coal seam gas)\nanother Act relevant to mining tenements.\ns 334P (prev s 318ELAL) ins 2008 No. 56 s 71\nreloc and renum 2012 No. 20 s 300\n- (a) the Environmental Protection Act ; or\n- (b) a relevant environmental condition for the mining tenement; or\n- (c) the Petroleum and Gas (Production and Safety) Act , chapter 3 ; or Editor’s note— Petroleum and Gas (Production and Safety) Act , chapter 3 (Provisions for coal seam gas)\n- (d) another Act relevant to mining tenements.","sortOrder":738},{"sectionNumber":"ch.12-pt.2","sectionType":"part","heading":"Collingwood Park State guarantee","content":"# Collingwood Park State guarantee","sortOrder":739},{"sectionNumber":"sec.334Q","sectionType":"section","heading":"Definitions for pt 2","content":"### sec.334Q Definitions for pt 2\n\nIn this part—\naffected land means land that, on 5 November 2008, was—\na part of the place given the name of Collingwood Park and entered in the Gazetteer of Place Names under the Place Names Act 1994 ; and\nused only for a residential, charitable or religious purpose.\ns 334Q def affected land sub 2011 No. 16 s 4\nCollingwood Park State guarantee or guarantee see section 334R .\ns 334Q def Collingwood Park State guarantee or guarantee amd 2012 No. 20 s 323 sch 3\nregistrar means the registrar of titles under the Land Title Act 1994 .\ns 334Q (prev s 381A) ins 2008 No. 56 s 72\nreloc and renum 2012 No. 20 s 309\namd 2012 No. 20 s 323 sch 3\n- (a) a part of the place given the name of Collingwood Park and entered in the Gazetteer of Place Names under the Place Names Act 1994 ; and\n- (b) used only for a residential, charitable or religious purpose.","sortOrder":740},{"sectionNumber":"sec.334R","sectionType":"section","heading":"What is the Collingwood Park State guarantee","content":"### sec.334R What is the Collingwood Park State guarantee\n\nThe Collingwood Park State guarantee or guarantee is a guarantee given by the State, under this Act, for affected land—\nto pay for any works necessary to stabilise the affected land if subsidence damage to the land occurs; or\nto repair any subsidence damage to the affected land if, in the chief executive’s opinion, it is cost-effective for the State to repair the damage; or\nto purchase the affected land at market value if—\nthe land is affected by subsidence damage; and\nin the chief executive’s opinion, it is not cost-effective for the State to repair the damage.\nA decision about the guarantee under subsection (1) is made under this Act.\nIn this section—\nmarket value , of affected land, means the market value the land would have had, at the time the chief executive formed the opinion mentioned in subsection (1) (c) (ii) , if the subsidence damage had not happened.\nmining activity means an activity for the purpose of extracting coal by underground mining.\nsubsidence damage , for affected land, means damage to the affected land, or any buildings or structures on the land that were in existence at the beginning of 25 April 2008, caused by or related to subsidence resulting from mining activity.\ns 334R (prev s 381B) ins 2008 No. 56 s 72\namd 2011 No. 2 s 74 ; 2011 No. 16 s 5\nreloc and renum 2012 No. 20 s 309\n(sec.334R-ssec.1) The Collingwood Park State guarantee or guarantee is a guarantee given by the State, under this Act, for affected land— to pay for any works necessary to stabilise the affected land if subsidence damage to the land occurs; or to repair any subsidence damage to the affected land if, in the chief executive’s opinion, it is cost-effective for the State to repair the damage; or to purchase the affected land at market value if— the land is affected by subsidence damage; and in the chief executive’s opinion, it is not cost-effective for the State to repair the damage.\n(sec.334R-ssec.2) A decision about the guarantee under subsection (1) is made under this Act.\n(sec.334R-ssec.3) In this section— market value , of affected land, means the market value the land would have had, at the time the chief executive formed the opinion mentioned in subsection (1) (c) (ii) , if the subsidence damage had not happened. mining activity means an activity for the purpose of extracting coal by underground mining. subsidence damage , for affected land, means damage to the affected land, or any buildings or structures on the land that were in existence at the beginning of 25 April 2008, caused by or related to subsidence resulting from mining activity.\n- (a) to pay for any works necessary to stabilise the affected land if subsidence damage to the land occurs; or\n- (b) to repair any subsidence damage to the affected land if, in the chief executive’s opinion, it is cost-effective for the State to repair the damage; or\n- (c) to purchase the affected land at market value if— (i) the land is affected by subsidence damage; and (ii) in the chief executive’s opinion, it is not cost-effective for the State to repair the damage.\n- (i) the land is affected by subsidence damage; and\n- (ii) in the chief executive’s opinion, it is not cost-effective for the State to repair the damage.\n- (i) the land is affected by subsidence damage; and\n- (ii) in the chief executive’s opinion, it is not cost-effective for the State to repair the damage.","sortOrder":741},{"sectionNumber":"sec.334S","sectionType":"section","heading":"Registering guarantee in freehold land register","content":"### sec.334S Registering guarantee in freehold land register\n\nAn owner of affected land may, in writing, ask the chief executive to have a record of the guarantee for the land included on the freehold land register.\nIf a request is made under subsection (1) , the chief executive must, as soon as practicable, give the registrar written notice asking the registrar to keep a record of the guarantee for the land.\nOn receiving the notice, the registrar must keep a record so that a search of the freehold land register will show the guarantee for the affected land.\ns 334S (prev s 381C) ins 2008 No. 56 s 72\nreloc and renum 2012 No. 20 s 309\n(sec.334S-ssec.1) An owner of affected land may, in writing, ask the chief executive to have a record of the guarantee for the land included on the freehold land register.\n(sec.334S-ssec.2) If a request is made under subsection (1) , the chief executive must, as soon as practicable, give the registrar written notice asking the registrar to keep a record of the guarantee for the land.\n(sec.334S-ssec.3) On receiving the notice, the registrar must keep a record so that a search of the freehold land register will show the guarantee for the affected land.","sortOrder":742},{"sectionNumber":"sec.334T","sectionType":"section","heading":"Removing guarantee from registrar’s records","content":"### sec.334T Removing guarantee from registrar’s records\n\nAn owner of affected land may, in writing, ask the chief executive to have a record of the guarantee for the land removed from the freehold land register.\nIf a request is made under subsection (1) , the chief executive must give the registrar written notice asking the registrar to remove the record of the guarantee for the affected land from the registrar’s records.\nAs soon as practicable after receiving the notice, the registrar must remove the record of the guarantee for the affected land from the registrar’s records.\nThe guarantee for the affected land may not be removed other than under this section.\ns 334T (prev s 381D) ins 2008 No. 56 s 72\nreloc and renum 2012 No. 20 s 309\n(sec.334T-ssec.1) An owner of affected land may, in writing, ask the chief executive to have a record of the guarantee for the land removed from the freehold land register.\n(sec.334T-ssec.2) If a request is made under subsection (1) , the chief executive must give the registrar written notice asking the registrar to remove the record of the guarantee for the affected land from the registrar’s records.\n(sec.334T-ssec.3) As soon as practicable after receiving the notice, the registrar must remove the record of the guarantee for the affected land from the registrar’s records.\n(sec.334T-ssec.4) The guarantee for the affected land may not be removed other than under this section.","sortOrder":743},{"sectionNumber":"sec.334U","sectionType":"section","heading":"No fee payable","content":"### sec.334U No fee payable\n\nNo titles registry fee is payable under the Land Title Act 1994 for keeping or removing, under this part, a record of the guarantee for affected land.\nIn this section—\ntitles registry fee , for a matter mentioned in subsection (1) , means the fee payable for the matter under the Land Title Act 1994 , section 198B .\ns 334U (prev s 381E) ins 2008 No. 56 s 72\nreloc and renum 2012 No. 20 s 309\namd 2021 No. 12 s 148 sch 3\n(sec.334U-ssec.1) No titles registry fee is payable under the Land Title Act 1994 for keeping or removing, under this part, a record of the guarantee for affected land.\n(sec.334U-ssec.2) In this section— titles registry fee , for a matter mentioned in subsection (1) , means the fee payable for the matter under the Land Title Act 1994 , section 198B .","sortOrder":744},{"sectionNumber":"ch.12-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":745},{"sectionNumber":"sec.334V","sectionType":"section","heading":null,"content":"### Section sec.334V\n\ns 334V (prev s 382) om 1999 No. 7 s 87 sch 3\nins 2005 No. 42 s 52 sch 1\nreloc and renum 2012 No. 20 s 310\namd 2012 No. 20 s 323 sch 3\nom 2014 No. 40 s 117\ns 334V def limited hand sampling techniques amd 2006 No. 59 s 52 (3) ; 2010 No. 53 s 61 (3)\ns 334V def low impact activity ins 2006 No. 59 s 52 (2)\nsub 2010 No. 53 s 61 (1) – (2)\namd 2012 No. 20 s 323 sch 3\ns 334V def mining tenement om 2006 No. 59 s 52 (1)\ns 334V def nominated waterway ins 2006 No. 59 s 52 (2)\ns 334V def person amd 2007 No. 39 s 41 sch ; 2012 No. 20 s 323 sch 3 ; 2013 No. 10 s 193 sch 1\ns 334V def proposed wild river area amd 2006 No. 59 s 52 (4)\ns 334V def special agreement Act om 2008 No. 37 s 20\ns 334V def specified works ins 2010 No. 53 s 61 (2)\ns 334V def wild river area om 2006 No. 59 s 52 (1)\ns 334V def wild river declaration om 2006 No. 59 s 52 (1)\ns 334V def wild river special floodplain management area ins 2010 No. 53 s 61 (2)","sortOrder":746},{"sectionNumber":"sec.334W","sectionType":"section","heading":null,"content":"### Section sec.334W\n\ns 334W (prev s 383) amd 1990 No. 30 s 40 ; 1999 No. 19 s 3 sch\nom 1999 No. 7 s 87 sch 3\nins 2005 No. 42 s 52 sch 1\nsub 2006 No. 59 s 53\namd 2010 No. 53 s 62 ; 2012 No. 20 s 125 sch 1 ; 2012 No. 43 s 325 sch 2\nreloc and renum 2012 No. 20 s 310\nom 2014 No. 40 s 117","sortOrder":747},{"sectionNumber":"sec.334X","sectionType":"section","heading":null,"content":"### Section sec.334X\n\ns 334X (prev s 384) amd 1999 No. 19 s 3 sch\nom 1999 No. 7 s 87 sch 3\nins 2005 No. 42 s 52 sch 1\nsub 2006 No. 59 s 53\namd 2010 No. 53 s 63 ; 2012 No. 20 s 125 sch 1 ; 2012 No. 43 s 325 sch 2\nreloc and renum 2012 No. 20 s 310\nom 2014 No. 40 s 117","sortOrder":748},{"sectionNumber":"sec.334Y","sectionType":"section","heading":null,"content":"### Section sec.334Y\n\ns 334Y (prev s 385) om 1999 No. 7 s 87 sch 3\nins 2005 No. 42 s 52 sch 1\nreloc and renum 2012 No. 20 s 310\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 40 s 117","sortOrder":749},{"sectionNumber":"sec.334Z","sectionType":"section","heading":null,"content":"### Section sec.334Z\n\ns 334Z (prev s 386) amd 1999 No. 19 s 3 sch\nom 1999 No. 7 s 87 sch 3\nins 2005 No. 42 s 52 sch 1\namd 2007 No. 39 s 41 sch ; 2012 No. 20 s 125 sch 1 , s 281 sch 2 , s 323 sch 3\nreloc and renum 2012 No. 20 s 310\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 40 s 117","sortOrder":750},{"sectionNumber":"sec.334ZA","sectionType":"section","heading":null,"content":"### Section sec.334ZA\n\ns 334ZA (prev s 386A) ins 2005 No. 42 s 52 sch 1\namd 2012 No. 20 s 125 sch 1 , s 281 sch 2 , s 323 sch 3\nreloc and renum 2012 No. 20 s 310\namd 2013 No. 10 s 119\nom 2014 No. 40 s 117","sortOrder":751},{"sectionNumber":"ch.12-pt.4","sectionType":"part","heading":"Cherwell Creek provisions","content":"# Cherwell Creek provisions","sortOrder":752},{"sectionNumber":"sec.334ZB","sectionType":"section","heading":"Definitions for pt 4","content":"### sec.334ZB Definitions for pt 4\n\nIn this part—\nCherwell Creek means Cherwell Creek Coal Pty Ltd ACN 063 763 002.\ncommencement day means the day this part commences.\nprescribed persons means the holders of mining lease 1775 from time to time.\ns 334ZB (prev s 722A) ins 2003 No. 56 s 3\nexp beginning of 31 December 2004 (see s 722G)\nins 2008 No. 28 s 3\namd 2012 No. 20 s 323 sch 3\nreloc and renum 2012 No. 20 s 316","sortOrder":753},{"sectionNumber":"sec.334ZC","sectionType":"section","heading":"Renewal of EPC545","content":"### sec.334ZC Renewal of EPC545\n\nThis section applies to exploration permit for coal 545.\nThe permit is renewed for a term of 2 years starting on the commencement day.\nHowever, the renewed permit applies only to the following land—\nClermont Block 1777, sub-block w\nClermont Block 1777, sub-block x, but excluding land subject to MDLA 364 or ML 1775\nClermont Block 1849, sub-blocks b, g, m and x\nClermont Block 1849, sub-blocks c, h and n, but excluding land subject to MDLA 364 or ML 1775\nClermont Block 1849, sub-block s, but excluding land subject to MDLA 364\nClermont Block 1849, sub-blocks u and z, but excluding land subject to MDLA 366 or ML 1775\nClermont Block 1849, sub-block y, but excluding land subject to MDLA 366\nClermont Block 1921, sub-blocks d and e, but excluding land subject to MDLA 366\nClermont Block 1921, sub-block k\nClermont Block 1922, sub-blocks a, g, h, o and u, but excluding land subject to MDLA 366 or ML 1775\nClermont Block 1922, sub-blocks f, m, n, t and z, but excluding land subject to MDLA 366\nClermont Block 1923, sub-block v, but excluding land subject to MDLA 366 or ML 1775.\nSubsection (2) applies despite section 147D (2) .\nThe renewed permit is subject to the following conditions—\nthe holder must expend at least $50,000 in each year of the term of the permit on activities authorised by the permit;\nthe holder must carry out the program of work stated in the application for renewal of the permit dated 28 May 2007;\nthe holder must comply with the document titled ‘Schedule of General Exclusions and Conditions, version 13 (February 2003)’ mentioned in the renewal of the permit granted on 26 August 2003;\nthe conditions applying under section 141 .\nThe renewal has effect as if it were granted by the Minister under this Act.\nThe land mentioned in subsection (3) as being excluded from the sub-blocks mentioned in the subsection is excluded land for section 176A .\nHowever, to remove any doubt, it is declared that section 176A applies subject to sections 334ZE and 334ZF .\nExcept as otherwise stated, this section does not limit the application of other provisions of this Act to the renewed permit including, for example, provisions about cancelling an exploration permit or reducing its area.\nIn this section—\nMDLA 364 means application for mineral development licence 364.\nMDLA 366 means application for mineral development licence 366.\nML 1775 means mining lease 1775.\ns 334ZC (prev s 722B) ins 2003 No. 56 s 3\nexp beginning of 31 December 2004 (see s 722G)\nins 2008 No. 28 s 3\namd 2012 No. 20 s 323 sch 3\nreloc and renum 2012 No. 20 s 316\n(sec.334ZC-ssec.1) This section applies to exploration permit for coal 545.\n(sec.334ZC-ssec.2) The permit is renewed for a term of 2 years starting on the commencement day.\n(sec.334ZC-ssec.3) However, the renewed permit applies only to the following land— Clermont Block 1777, sub-block w Clermont Block 1777, sub-block x, but excluding land subject to MDLA 364 or ML 1775 Clermont Block 1849, sub-blocks b, g, m and x Clermont Block 1849, sub-blocks c, h and n, but excluding land subject to MDLA 364 or ML 1775 Clermont Block 1849, sub-block s, but excluding land subject to MDLA 364 Clermont Block 1849, sub-blocks u and z, but excluding land subject to MDLA 366 or ML 1775 Clermont Block 1849, sub-block y, but excluding land subject to MDLA 366 Clermont Block 1921, sub-blocks d and e, but excluding land subject to MDLA 366 Clermont Block 1921, sub-block k Clermont Block 1922, sub-blocks a, g, h, o and u, but excluding land subject to MDLA 366 or ML 1775 Clermont Block 1922, sub-blocks f, m, n, t and z, but excluding land subject to MDLA 366 Clermont Block 1923, sub-block v, but excluding land subject to MDLA 366 or ML 1775.\n(sec.334ZC-ssec.4) Subsection (2) applies despite section 147D (2) .\n(sec.334ZC-ssec.5) The renewed permit is subject to the following conditions— the holder must expend at least $50,000 in each year of the term of the permit on activities authorised by the permit; the holder must carry out the program of work stated in the application for renewal of the permit dated 28 May 2007; the holder must comply with the document titled ‘Schedule of General Exclusions and Conditions, version 13 (February 2003)’ mentioned in the renewal of the permit granted on 26 August 2003; the conditions applying under section 141 .\n(sec.334ZC-ssec.6) The renewal has effect as if it were granted by the Minister under this Act.\n(sec.334ZC-ssec.7) The land mentioned in subsection (3) as being excluded from the sub-blocks mentioned in the subsection is excluded land for section 176A .\n(sec.334ZC-ssec.8) However, to remove any doubt, it is declared that section 176A applies subject to sections 334ZE and 334ZF .\n(sec.334ZC-ssec.9) Except as otherwise stated, this section does not limit the application of other provisions of this Act to the renewed permit including, for example, provisions about cancelling an exploration permit or reducing its area.\n(sec.334ZC-ssec.10) In this section— MDLA 364 means application for mineral development licence 364. MDLA 366 means application for mineral development licence 366. ML 1775 means mining lease 1775.\n- • Clermont Block 1777, sub-block w\n- • Clermont Block 1777, sub-block x, but excluding land subject to MDLA 364 or ML 1775\n- • Clermont Block 1849, sub-blocks b, g, m and x\n- • Clermont Block 1849, sub-blocks c, h and n, but excluding land subject to MDLA 364 or ML 1775\n- • Clermont Block 1849, sub-block s, but excluding land subject to MDLA 364\n- • Clermont Block 1849, sub-blocks u and z, but excluding land subject to MDLA 366 or ML 1775\n- • Clermont Block 1849, sub-block y, but excluding land subject to MDLA 366\n- • Clermont Block 1921, sub-blocks d and e, but excluding land subject to MDLA 366\n- • Clermont Block 1921, sub-block k\n- • Clermont Block 1922, sub-blocks a, g, h, o and u, but excluding land subject to MDLA 366 or ML 1775\n- • Clermont Block 1922, sub-blocks f, m, n, t and z, but excluding land subject to MDLA 366\n- • Clermont Block 1923, sub-block v, but excluding land subject to MDLA 366 or ML 1775.\n- (a) the holder must expend at least $50,000 in each year of the term of the permit on activities authorised by the permit;\n- (b) the holder must carry out the program of work stated in the application for renewal of the permit dated 28 May 2007;\n- (c) the holder must comply with the document titled ‘Schedule of General Exclusions and Conditions, version 13 (February 2003)’ mentioned in the renewal of the permit granted on 26 August 2003;\n- (d) the conditions applying under section 141 .","sortOrder":754},{"sectionNumber":"sec.334ZD","sectionType":"section","heading":"Rejection of particular applications for mining tenements","content":"### sec.334ZD Rejection of particular applications for mining tenements\n\nThis section applies to each application for a mining tenement that—\nwas made by Cherwell Creek; and\nrelates to all or any of the prescribed land under section 334ZE or 334ZF ; and\nwas current immediately before the commencement day.\nThe application is rejected.\ns 334ZD (prev s 722C) ins 2003 No. 56 s 3\nexp beginning of 31 December 2004 (see s 722G)\nins 2008 No. 28 s 3\namd 2012 No. 20 s 323 sch 3\nreloc and renum 2012 No. 20 s 316\n(sec.334ZD-ssec.1) This section applies to each application for a mining tenement that— was made by Cherwell Creek; and relates to all or any of the prescribed land under section 334ZE or 334ZF ; and was current immediately before the commencement day.\n(sec.334ZD-ssec.2) The application is rejected.\n- (a) was made by Cherwell Creek; and\n- (b) relates to all or any of the prescribed land under section 334ZE or 334ZF ; and\n- (c) was current immediately before the commencement day.","sortOrder":755},{"sectionNumber":"sec.334ZE","sectionType":"section","heading":"Persons who may apply for, or be granted, a mining tenement for land in the area of MDLA364","content":"### sec.334ZE Persons who may apply for, or be granted, a mining tenement for land in the area of MDLA364\n\nFor the prescribed period—\na mining lease in respect of all or any of the prescribed land can only be applied for by, or granted to, the prescribed persons; and\nno other mining tenement in respect of all or any of the prescribed land can be applied for by, or granted to, anyone.\nSubsection (1) (a) applies despite section 232 .\nFor subsection (1) , the prescribed period is the period of 2 years starting on the commencement day or, if an extension is granted under subsection (4) , the extended period.\nBefore the prescribed period ends, the Minister may grant an extension of the period if the prescribed persons wish to make an application mentioned in subsection (1) (a) and the Minister is satisfied that, in all the circumstances, there are good reasons why the application has not been made by that time.\nAs soon as practicable after granting an extension under subsection (4) , the Minister must publish a gazette notice stating the extended period.\nThe prescribed persons are eligible persons for section 233 .\nIn this section—\nprescribed land means the land in Clermont Block 1849, sub-block t and the land that, as at the beginning of 14 April 2008, was the subject of application for mineral development licence 364 made by Cherwell Creek.\ns 334ZE (prev s 722D) ins 2003 No. 56 s 3\nexp beginning of 31 December 2004 (see s 722G)\nins 2008 No. 28 s 3\namd 2012 No. 20 s 125 sch 1\nreloc and renum 2012 No. 20 s 316\namd 2017 No. 28 s 27\n(sec.334ZE-ssec.1) For the prescribed period— a mining lease in respect of all or any of the prescribed land can only be applied for by, or granted to, the prescribed persons; and no other mining tenement in respect of all or any of the prescribed land can be applied for by, or granted to, anyone.\n(sec.334ZE-ssec.2) Subsection (1) (a) applies despite section 232 .\n(sec.334ZE-ssec.3) For subsection (1) , the prescribed period is the period of 2 years starting on the commencement day or, if an extension is granted under subsection (4) , the extended period.\n(sec.334ZE-ssec.4) Before the prescribed period ends, the Minister may grant an extension of the period if the prescribed persons wish to make an application mentioned in subsection (1) (a) and the Minister is satisfied that, in all the circumstances, there are good reasons why the application has not been made by that time.\n(sec.334ZE-ssec.5) As soon as practicable after granting an extension under subsection (4) , the Minister must publish a gazette notice stating the extended period.\n(sec.334ZE-ssec.6) The prescribed persons are eligible persons for section 233 .\n(sec.334ZE-ssec.7) In this section— prescribed land means the land in Clermont Block 1849, sub-block t and the land that, as at the beginning of 14 April 2008, was the subject of application for mineral development licence 364 made by Cherwell Creek.\n- (a) a mining lease in respect of all or any of the prescribed land can only be applied for by, or granted to, the prescribed persons; and\n- (b) no other mining tenement in respect of all or any of the prescribed land can be applied for by, or granted to, anyone.","sortOrder":756},{"sectionNumber":"sec.334ZF","sectionType":"section","heading":"Persons who may apply for, or be granted, a mining tenement for particular land in the area of SL12/42239","content":"### sec.334ZF Persons who may apply for, or be granted, a mining tenement for particular land in the area of SL12/42239\n\nFor the prescribed period—\na mining lease in respect of all or any of the prescribed land can only be applied for by, or granted to, the prescribed persons; and\nno other mining tenement in respect of all or any of the prescribed land can be applied for by, or granted to, anyone.\nSubsection (1) (a) applies despite section 232 .\nFor subsection (1) , the prescribed period is the period of 1 year starting on the commencement day or, if an extension is granted under subsection (4) , the extended period.\nBefore the prescribed period ends, the Minister may grant an extension of the period if the prescribed persons wish to make an application mentioned in subsection (1) (a) and the Minister is satisfied that, in all the circumstances, there are good reasons why the application has not been made by that time.\nAs soon as practicable after granting an extension under subsection (4) , the Minister must publish a gazette notice stating the extended period.\nThe prescribed persons are eligible persons for section 233 .\nIn this section—\nprescribed land means land that, as at the beginning of 14 April 2008—\nwas in the area of special lease 12/42239 (title reference 17560077); and\nwas—\nthe subject of exploration permit for coal 545; or\nneither in the area of a mining tenement nor the subject of a current application for a mining tenement.\ns 334ZF (prev s 722E) ins 2003 No. 56 s 3\nexp beginning of 31 December 2004 (see s 722G)\nins 2008 No. 28 s 3\namd 2012 No. 20 s 125 sch 1\nreloc and renum 2012 No. 20 s 316\namd 2017 No. 28 s 28\n(sec.334ZF-ssec.1) For the prescribed period— a mining lease in respect of all or any of the prescribed land can only be applied for by, or granted to, the prescribed persons; and no other mining tenement in respect of all or any of the prescribed land can be applied for by, or granted to, anyone.\n(sec.334ZF-ssec.2) Subsection (1) (a) applies despite section 232 .\n(sec.334ZF-ssec.3) For subsection (1) , the prescribed period is the period of 1 year starting on the commencement day or, if an extension is granted under subsection (4) , the extended period.\n(sec.334ZF-ssec.4) Before the prescribed period ends, the Minister may grant an extension of the period if the prescribed persons wish to make an application mentioned in subsection (1) (a) and the Minister is satisfied that, in all the circumstances, there are good reasons why the application has not been made by that time.\n(sec.334ZF-ssec.5) As soon as practicable after granting an extension under subsection (4) , the Minister must publish a gazette notice stating the extended period.\n(sec.334ZF-ssec.6) The prescribed persons are eligible persons for section 233 .\n(sec.334ZF-ssec.7) In this section— prescribed land means land that, as at the beginning of 14 April 2008— was in the area of special lease 12/42239 (title reference 17560077); and was— the subject of exploration permit for coal 545; or neither in the area of a mining tenement nor the subject of a current application for a mining tenement.\n- (a) a mining lease in respect of all or any of the prescribed land can only be applied for by, or granted to, the prescribed persons; and\n- (b) no other mining tenement in respect of all or any of the prescribed land can be applied for by, or granted to, anyone.\n- (a) was in the area of special lease 12/42239 (title reference 17560077); and\n- (b) was— (i) the subject of exploration permit for coal 545; or (ii) neither in the area of a mining tenement nor the subject of a current application for a mining tenement.\n- (i) the subject of exploration permit for coal 545; or\n- (ii) neither in the area of a mining tenement nor the subject of a current application for a mining tenement.\n- (i) the subject of exploration permit for coal 545; or\n- (ii) neither in the area of a mining tenement nor the subject of a current application for a mining tenement.","sortOrder":757},{"sectionNumber":"sec.334ZG","sectionType":"section","heading":"No consent required for application for mining tenement for particular land","content":"### sec.334ZG No consent required for application for mining tenement for particular land\n\nThis section applies to an application for a mining lease by the prescribed persons in respect of all or any prescribed land under section 334ZE or 334ZF , if the land is in the area of an existing authority within the meaning of section 248 (1) .\nDespite section 248 (2) , the written consent to the application of the holder of the existing authority need not be obtained by the prescribed persons.\nAlso, section 248 (4) does not apply to the application.\nTo remove any doubt, it is declared that this section applies to the application whether it was made before or after the commencement of this section.\ns 334ZG (prev 722EA) ins 2010 No. 31 s 423\namd 2012 No. 20 s 125 sch 1 , s 323 sch 3\nreloc and renum 2012 No. 20 s 316\n(sec.334ZG-ssec.1) This section applies to an application for a mining lease by the prescribed persons in respect of all or any prescribed land under section 334ZE or 334ZF , if the land is in the area of an existing authority within the meaning of section 248 (1) .\n(sec.334ZG-ssec.2) Despite section 248 (2) , the written consent to the application of the holder of the existing authority need not be obtained by the prescribed persons.\n(sec.334ZG-ssec.3) Also, section 248 (4) does not apply to the application.\n(sec.334ZG-ssec.4) To remove any doubt, it is declared that this section applies to the application whether it was made before or after the commencement of this section.","sortOrder":758},{"sectionNumber":"sec.334ZH","sectionType":"section","heading":"Deciding application to add excluded land to EPC 545","content":"### sec.334ZH Deciding application to add excluded land to EPC 545\n\nThis section applies to an application under section 176A to add excluded land to exploration permit for coal 545 (the excluded land application ) whether the application was made before or after the commencement of this section.\nIf—\nthe excluded land application involves prescribed land under section 334ZE or 334ZF ; and\nthe prescribed persons have, under section 334ZE or 334ZF , applied for a mining lease in respect of the prescribed land;\nthe Minister need not decide the excluded land application, to the extent it relates to the prescribed land, until after the day each application for a mining lease in respect of the prescribed land has been finally decided.\nFor this Act, if the Minister defers deciding a part of the excluded land application under subsection (2) , the application is taken not to have been finally decided by the Minister until the day the Minister decides that part.\nIn this section—\nexcluded land means—\nexcluded land as defined under section 176A (5) ; or\nland that, under section 334ZC (7) , is excluded land for section 176A .\ns 334ZH (prev s 722EB) ins 2010 No. 31 s 423\namd 2012 No. 20 s 323 sch 3\nreloc and renum 2012 No. 20 s 316\n(sec.334ZH-ssec.1) This section applies to an application under section 176A to add excluded land to exploration permit for coal 545 (the excluded land application ) whether the application was made before or after the commencement of this section.\n(sec.334ZH-ssec.2) If— the excluded land application involves prescribed land under section 334ZE or 334ZF ; and the prescribed persons have, under section 334ZE or 334ZF , applied for a mining lease in respect of the prescribed land; the Minister need not decide the excluded land application, to the extent it relates to the prescribed land, until after the day each application for a mining lease in respect of the prescribed land has been finally decided.\n(sec.334ZH-ssec.3) For this Act, if the Minister defers deciding a part of the excluded land application under subsection (2) , the application is taken not to have been finally decided by the Minister until the day the Minister decides that part.\n(sec.334ZH-ssec.4) In this section— excluded land means— excluded land as defined under section 176A (5) ; or land that, under section 334ZC (7) , is excluded land for section 176A .\n- (a) the excluded land application involves prescribed land under section 334ZE or 334ZF ; and\n- (b) the prescribed persons have, under section 334ZE or 334ZF , applied for a mining lease in respect of the prescribed land;\n- (a) excluded land as defined under section 176A (5) ; or\n- (b) land that, under section 334ZC (7) , is excluded land for section 176A .","sortOrder":759},{"sectionNumber":"sec.334ZI","sectionType":"section","heading":"No compensation payable by the State","content":"### sec.334ZI No compensation payable by the State\n\nNo compensation is payable by the State to Cherwell Creek or any other person for or in connection with the enactment or operation of this part or anything done to carry out or give effect to this part.\nWithout limiting subsection (1) , the State is not liable to Cherwell Creek or any other person for any claim arising out of or in any way connected to the rejection of applications under section 334ZD .\nThis section applies despite any other Act or law.\nIn this part—\nState includes any person acting, or purportedly acting, for or on behalf of the State at any time.\ns 334ZI (prev s 722F) ins 2003 No. 56 s 3\nexp beginning of 31 December 2004 (see s 722G)\nins 2008 No. 28 s 3\namd 2012 No. 20 s 323 sch 3\nreloc and renum 2012 No. 20 s 316\n(sec.334ZI-ssec.1) No compensation is payable by the State to Cherwell Creek or any other person for or in connection with the enactment or operation of this part or anything done to carry out or give effect to this part.\n(sec.334ZI-ssec.2) Without limiting subsection (1) , the State is not liable to Cherwell Creek or any other person for any claim arising out of or in any way connected to the rejection of applications under section 334ZD .\n(sec.334ZI-ssec.3) This section applies despite any other Act or law.\n(sec.334ZI-ssec.4) In this part— State includes any person acting, or purportedly acting, for or on behalf of the State at any time.","sortOrder":760},{"sectionNumber":"sec.334ZJ","sectionType":"section","heading":"Compensation payment by prescribed persons","content":"### sec.334ZJ Compensation payment by prescribed persons\n\nCherwell Creek may apply to the Land Court for an order for the payment of compensation for the loss of its opportunity, because of the enactment of this part, to commercialise the MDLA364 coal resource.\nAn application may only be made within 3 months after the commencement day.\nThe prescribed persons are parties to the proceeding on the application.\nOn an application under this section, the Land Court must—\ndecide whether any compensation should be payable; and\nif it decides compensation should be payable—\ndecide the amount of compensation; and\nmake an order for payment of the amount by the prescribed persons to Cherwell Creek.\nIn making a decision under subsection (4) , the Land Court must have regard to the likelihood that, had this part not been enacted, Cherwell Creek, alone or in conjunction with another person, would have been able to commercialise the MDLA364 coal resource, having regard to the following matters—\nthe likely extent and quality of the MDLA364 coal resource;\nthe likely mineability of the MDLA364 coal resource;\nthe likely market for any coal mined from the MDLA364 coal resource;\nthe likely life of a mine for the MDLA364 coal resource;\nthe likely coal revenue generated from the MDLA364 coal resource;\nthe likely coal revenue generation costs;\nthe likelihood of a mining lease, appropriate for Cherwell Creek to commercialise the MDLA364 coal resource, being granted under this Act;\nSee sections 269 (4) and 271 for matters that the Land Court and Minister take into account in dealing with an application for the grant of a mining lease.\nany other relevant matter.\nCherwell Creek may appeal to the Land Appeal Court against a decision of the Land Court under this section only on the ground of error of law.\nSubsection (6) applies despite the Land Court Act 2000 , section 64 .\nIn this section—\ncoal revenue generation costs means the costs of generating revenue from the MDLA364 coal resource, including the costs of, or relating to, the following—\nthe proving up of the MDLA364 coal resource;\nmine planning and environmental planning;\ndevelopment and construction of a coal mine and associated infrastructure;\ncompliance with this Act, the Environmental Protection Act 1994 and the Coal Mining Safety and Health Act 1999 ;\nextraction of coal;\npreparation of coal;\ntransportation, including access to railways, ports or other relevant infrastructure;\nemployed or contracted labour;\nequipment;\nmarketing;\nfinancing;\nrent and royalties payable to the State.\nMDLA364 coal resource means the coal resource in the land that, as at the beginning of 14 April 2008, was the subject of application for mineral development licence 364.\nprescribed persons means the persons who are the holders of mining lease 1775 on the commencement day.\ns 334ZJ (prev s 722G) ins 2003 No. 56 s 3\nexp beginning of 31 December 2004\nins 2008 No. 28 s 3\namd 2010 No. 17 s 48 sch ; 2012 No. 20 s 281 sch 2\nreloc and renum 2012 No. 20 s 316\n(sec.334ZJ-ssec.1) Cherwell Creek may apply to the Land Court for an order for the payment of compensation for the loss of its opportunity, because of the enactment of this part, to commercialise the MDLA364 coal resource.\n(sec.334ZJ-ssec.2) An application may only be made within 3 months after the commencement day.\n(sec.334ZJ-ssec.3) The prescribed persons are parties to the proceeding on the application.\n(sec.334ZJ-ssec.4) On an application under this section, the Land Court must— decide whether any compensation should be payable; and if it decides compensation should be payable— decide the amount of compensation; and make an order for payment of the amount by the prescribed persons to Cherwell Creek.\n(sec.334ZJ-ssec.5) In making a decision under subsection (4) , the Land Court must have regard to the likelihood that, had this part not been enacted, Cherwell Creek, alone or in conjunction with another person, would have been able to commercialise the MDLA364 coal resource, having regard to the following matters— the likely extent and quality of the MDLA364 coal resource; the likely mineability of the MDLA364 coal resource; the likely market for any coal mined from the MDLA364 coal resource; the likely life of a mine for the MDLA364 coal resource; the likely coal revenue generated from the MDLA364 coal resource; the likely coal revenue generation costs; the likelihood of a mining lease, appropriate for Cherwell Creek to commercialise the MDLA364 coal resource, being granted under this Act; See sections 269 (4) and 271 for matters that the Land Court and Minister take into account in dealing with an application for the grant of a mining lease. any other relevant matter.\n(sec.334ZJ-ssec.6) Cherwell Creek may appeal to the Land Appeal Court against a decision of the Land Court under this section only on the ground of error of law.\n(sec.334ZJ-ssec.7) Subsection (6) applies despite the Land Court Act 2000 , section 64 .\n(sec.334ZJ-ssec.8) In this section— coal revenue generation costs means the costs of generating revenue from the MDLA364 coal resource, including the costs of, or relating to, the following— the proving up of the MDLA364 coal resource; mine planning and environmental planning; development and construction of a coal mine and associated infrastructure; compliance with this Act, the Environmental Protection Act 1994 and the Coal Mining Safety and Health Act 1999 ; extraction of coal; preparation of coal; transportation, including access to railways, ports or other relevant infrastructure; employed or contracted labour; equipment; marketing; financing; rent and royalties payable to the State. MDLA364 coal resource means the coal resource in the land that, as at the beginning of 14 April 2008, was the subject of application for mineral development licence 364. prescribed persons means the persons who are the holders of mining lease 1775 on the commencement day.\n- (a) decide whether any compensation should be payable; and\n- (b) if it decides compensation should be payable— (i) decide the amount of compensation; and (ii) make an order for payment of the amount by the prescribed persons to Cherwell Creek.\n- (i) decide the amount of compensation; and\n- (ii) make an order for payment of the amount by the prescribed persons to Cherwell Creek.\n- (i) decide the amount of compensation; and\n- (ii) make an order for payment of the amount by the prescribed persons to Cherwell Creek.\n- (a) the likely extent and quality of the MDLA364 coal resource;\n- (b) the likely mineability of the MDLA364 coal resource;\n- (c) the likely market for any coal mined from the MDLA364 coal resource;\n- (d) the likely life of a mine for the MDLA364 coal resource;\n- (e) the likely coal revenue generated from the MDLA364 coal resource;\n- (f) the likely coal revenue generation costs;\n- (g) the likelihood of a mining lease, appropriate for Cherwell Creek to commercialise the MDLA364 coal resource, being granted under this Act; Note— See sections 269 (4) and 271 for matters that the Land Court and Minister take into account in dealing with an application for the grant of a mining lease.\n- (h) any other relevant matter.\n- (a) the proving up of the MDLA364 coal resource;\n- (b) mine planning and environmental planning;\n- (c) development and construction of a coal mine and associated infrastructure;\n- (d) compliance with this Act, the Environmental Protection Act 1994 and the Coal Mining Safety and Health Act 1999 ;\n- (e) extraction of coal;\n- (f) preparation of coal;\n- (g) transportation, including access to railways, ports or other relevant infrastructure;\n- (h) employed or contracted labour;\n- (i) equipment;\n- (j) marketing;\n- (k) financing;\n- (l) rent and royalties payable to the State.","sortOrder":761},{"sectionNumber":"ch.12-pt.4A","sectionType":"part","heading":"Moratorium relating to mineral (f)","content":"# Moratorium relating to mineral (f)","sortOrder":762},{"sectionNumber":"ch.12-pt.4A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":763},{"sectionNumber":"sec.334ZJA","sectionType":"section","heading":"Purpose of part","content":"### sec.334ZJA Purpose of part\n\nThis part provides for matters relating to a moratorium for mineral (f).\ns 334ZJA ins 2017 No. 28 s 29","sortOrder":764},{"sectionNumber":"sec.334ZJB","sectionType":"section","heading":"Relationship with other provisions","content":"### sec.334ZJB Relationship with other provisions\n\nThis part applies despite any other provision of this Act or a mineral (f) development licence.\nThis part does not suspend, limit or otherwise affect rights or obligations of the holder of a mineral (f) development licence under—\na relevant environmental condition for the licence; or\nthe Environmental Protection Act ; or\nthe Petroleum and Gas (Production and Safety) Act , chapter 3 ; or\nanother Act relating to mining tenements.\ns 334ZJB ins 2017 No. 28 s 29\n(sec.334ZJB-ssec.1) This part applies despite any other provision of this Act or a mineral (f) development licence.\n(sec.334ZJB-ssec.2) This part does not suspend, limit or otherwise affect rights or obligations of the holder of a mineral (f) development licence under— a relevant environmental condition for the licence; or the Environmental Protection Act ; or the Petroleum and Gas (Production and Safety) Act , chapter 3 ; or another Act relating to mining tenements.\n- (a) a relevant environmental condition for the licence; or\n- (b) the Environmental Protection Act ; or\n- (c) the Petroleum and Gas (Production and Safety) Act , chapter 3 ; or\n- (d) another Act relating to mining tenements.","sortOrder":765},{"sectionNumber":"sec.334ZJC","sectionType":"section","heading":"Inconsistency with other provisions","content":"### sec.334ZJC Inconsistency with other provisions\n\nIf a provision of this part is inconsistent with another provision of this Act, the provision of this part applies instead of the other provision to the extent of the inconsistency.\ns 334ZJC ins 2017 No. 28 s 29","sortOrder":766},{"sectionNumber":"ch.12-pt.4A-div.2","sectionType":"division","heading":"Activities for mineral (f)","content":"## Activities for mineral (f)","sortOrder":767},{"sectionNumber":"sec.334ZJD","sectionType":"section","heading":"Prohibitions relating to mineral (f)","content":"### sec.334ZJD Prohibitions relating to mineral (f)\n\nA person may not apply for—\nthe renewal of a mineral (f) development licence under section 197 ; or\napproval to add mineral (f) to a mineral development licence under section 208 ; or\na mining lease for mineral (f) under section 232 ; or\napproval to mine mineral (f) under section 298 .\nThe Minister must not—\nrenew a mineral (f) development licence under section 197A ; or\napprove an application to add mineral (f) to a mineral development licence under section 208 ; or\ngrant a mining lease for mineral (f) under section 234 ; or\napprove an application to mine mineral (f) under section 298 .\nThis section does not apply to the renewal of a mineral (f) development licence under section 334ZJG .\ns 334ZJD ins 2017 No. 28 s 29\n(sec.334ZJD-ssec.1) A person may not apply for— the renewal of a mineral (f) development licence under section 197 ; or approval to add mineral (f) to a mineral development licence under section 208 ; or a mining lease for mineral (f) under section 232 ; or approval to mine mineral (f) under section 298 .\n(sec.334ZJD-ssec.2) The Minister must not— renew a mineral (f) development licence under section 197A ; or approve an application to add mineral (f) to a mineral development licence under section 208 ; or grant a mining lease for mineral (f) under section 234 ; or approve an application to mine mineral (f) under section 298 .\n(sec.334ZJD-ssec.3) This section does not apply to the renewal of a mineral (f) development licence under section 334ZJG .\n- (a) the renewal of a mineral (f) development licence under section 197 ; or\n- (b) approval to add mineral (f) to a mineral development licence under section 208 ; or\n- (c) a mining lease for mineral (f) under section 232 ; or\n- (d) approval to mine mineral (f) under section 298 .\n- (a) renew a mineral (f) development licence under section 197A ; or\n- (b) approve an application to add mineral (f) to a mineral development licence under section 208 ; or\n- (c) grant a mining lease for mineral (f) under section 234 ; or\n- (d) approve an application to mine mineral (f) under section 298 .","sortOrder":768},{"sectionNumber":"sec.334ZJE","sectionType":"section","heading":"Activities under mineral (f) development licence","content":"### sec.334ZJE Activities under mineral (f) development licence\n\nAny activity relating to mineral (f) under a mineral (f) development licence, other than rehabilitation activities, is not authorised to be carried out under this Act or any other Act relating to mining.\nRehabilitation activities are—\ncarrying out—\nrehabilitation or environmental management required under any relevant environmental requirement under the Environmental Protection Act ; or\nenvironmental monitoring; or\nmonitoring air, ecology, fauna, hydrology, soil or water\ndecommissioning activities that demonstrate the gas production process within a coal seam has stopped; or\nimprovement restoration for the mineral (f) development licence; or\ncare and maintenance of disturbed areas; or\nmaintaining, moving or removing equipment, machinery or plant; or\nany other activity that is reasonably necessary for, or incidental to, carrying out an activity mentioned in paragraph (a) or (b) .\ns 334ZJE ins 2017 No. 28 s 29\n(sec.334ZJE-ssec.1) Any activity relating to mineral (f) under a mineral (f) development licence, other than rehabilitation activities, is not authorised to be carried out under this Act or any other Act relating to mining.\n(sec.334ZJE-ssec.2) Rehabilitation activities are— carrying out— rehabilitation or environmental management required under any relevant environmental requirement under the Environmental Protection Act ; or environmental monitoring; or monitoring air, ecology, fauna, hydrology, soil or water decommissioning activities that demonstrate the gas production process within a coal seam has stopped; or improvement restoration for the mineral (f) development licence; or care and maintenance of disturbed areas; or maintaining, moving or removing equipment, machinery or plant; or any other activity that is reasonably necessary for, or incidental to, carrying out an activity mentioned in paragraph (a) or (b) .\n- (a) carrying out— (i) rehabilitation or environmental management required under any relevant environmental requirement under the Environmental Protection Act ; or (ii) environmental monitoring; or Example— monitoring air, ecology, fauna, hydrology, soil or water (iii) decommissioning activities that demonstrate the gas production process within a coal seam has stopped; or (iv) improvement restoration for the mineral (f) development licence; or (v) care and maintenance of disturbed areas; or\n- (i) rehabilitation or environmental management required under any relevant environmental requirement under the Environmental Protection Act ; or\n- (ii) environmental monitoring; or Example— monitoring air, ecology, fauna, hydrology, soil or water\n- (iii) decommissioning activities that demonstrate the gas production process within a coal seam has stopped; or\n- (iv) improvement restoration for the mineral (f) development licence; or\n- (v) care and maintenance of disturbed areas; or\n- (b) maintaining, moving or removing equipment, machinery or plant; or\n- (c) any other activity that is reasonably necessary for, or incidental to, carrying out an activity mentioned in paragraph (a) or (b) .\n- (i) rehabilitation or environmental management required under any relevant environmental requirement under the Environmental Protection Act ; or\n- (ii) environmental monitoring; or Example— monitoring air, ecology, fauna, hydrology, soil or water\n- (iii) decommissioning activities that demonstrate the gas production process within a coal seam has stopped; or\n- (iv) improvement restoration for the mineral (f) development licence; or\n- (v) care and maintenance of disturbed areas; or","sortOrder":769},{"sectionNumber":"sec.334ZJF","sectionType":"section","heading":"Obligations under mineral (f) development licence","content":"### sec.334ZJF Obligations under mineral (f) development licence\n\nThis section applies if the Minister is satisfied a mineral (f) development licence authorises only rehabilitation activities.\nThe Minister may, by written notice given to the holder of the licence—\nwaive the holder’s rent obligation for all or part of the term of the licence; or\nwaive or reduce another obligation of the holder in relation to mineral (f) for all or part of the term of the licence.\nIn this section—\nobligation means an obligation under—\nthis Act; or\na condition of the licence.\nrent obligation means the obligation to pay rental on the licence.\ns 334ZJF ins 2017 No. 28 s 29\n(sec.334ZJF-ssec.1) This section applies if the Minister is satisfied a mineral (f) development licence authorises only rehabilitation activities.\n(sec.334ZJF-ssec.2) The Minister may, by written notice given to the holder of the licence— waive the holder’s rent obligation for all or part of the term of the licence; or waive or reduce another obligation of the holder in relation to mineral (f) for all or part of the term of the licence.\n(sec.334ZJF-ssec.3) In this section— obligation means an obligation under— this Act; or a condition of the licence. rent obligation means the obligation to pay rental on the licence.\n- (a) waive the holder’s rent obligation for all or part of the term of the licence; or\n- (b) waive or reduce another obligation of the holder in relation to mineral (f) for all or part of the term of the licence.\n- (a) this Act; or\n- (b) a condition of the licence.","sortOrder":770},{"sectionNumber":"sec.334ZJG","sectionType":"section","heading":"Automatic renewal of mineral (f) development licence","content":"### sec.334ZJG Automatic renewal of mineral (f) development licence\n\nThis section applies to a mineral (f) development licence to the extent the licence relates to rehabilitation activities.\nThe licence is taken to be renewed in relation to the rehabilitation activities, for the same term and on the same conditions, from the day after the licence’s expiry day.\ns 334ZJG ins 2017 No. 28 s 29\n(sec.334ZJG-ssec.1) This section applies to a mineral (f) development licence to the extent the licence relates to rehabilitation activities.\n(sec.334ZJG-ssec.2) The licence is taken to be renewed in relation to the rehabilitation activities, for the same term and on the same conditions, from the day after the licence’s expiry day.","sortOrder":771},{"sectionNumber":"ch.12-pt.4B","sectionType":"part","heading":"Grant of mining lease application 70460","content":"# Grant of mining lease application 70460","sortOrder":772},{"sectionNumber":"sec.334ZJH","sectionType":"section","heading":"Definitions for part","content":"### sec.334ZJH Definitions for part\n\nIn this part—\nML 70434 entity means the entity that is the applicant for mining lease application 70434.\nML 70460 entity means the entity that is the applicant for mining lease application 70460.\ns 334ZJH ins 2017 No. 10 s 41B","sortOrder":773},{"sectionNumber":"sec.334ZJI","sectionType":"section","heading":"Grant of mining lease application 70460","content":"### sec.334ZJI Grant of mining lease application 70460\n\nThis section applies to mining lease application 70460 for a mining lease for transportation through land under section 316 .\nOn the commencement, the mining lease applied for is, by operation of this section, granted to the ML 70460 entity.\nThe mining lease granted under subsection (2) —\nexpires on 31 December 2032; and\ncan not be renewed.\nThis Act, other than sections 286 to 287 , applies in relation to the mining lease as if it had been granted by the Minister under section 271A on the day of the commencement.\ns 334ZJI ins 2017 No. 10 s 41B\n(sec.334ZJI-ssec.1) This section applies to mining lease application 70460 for a mining lease for transportation through land under section 316 .\n(sec.334ZJI-ssec.2) On the commencement, the mining lease applied for is, by operation of this section, granted to the ML 70460 entity.\n(sec.334ZJI-ssec.3) The mining lease granted under subsection (2) — expires on 31 December 2032; and can not be renewed.\n(sec.334ZJI-ssec.4) This Act, other than sections 286 to 287 , applies in relation to the mining lease as if it had been granted by the Minister under section 271A on the day of the commencement.\n- (a) expires on 31 December 2032; and\n- (b) can not be renewed.","sortOrder":774},{"sectionNumber":"sec.334ZJJ","sectionType":"section","heading":"Effect of grant on other applications","content":"### sec.334ZJJ Effect of grant on other applications\n\nThe ML 70434 entity need not comply with section 248 for the following applications, to the extent the applications relate to land within the area of the mining lease granted under section 334ZJI (2) —\nmining lease application 70434;\nanother application for a mining lease;\nan application under section 275 for surface area to be included in a mining lease.\nSubsection (1) applies only while the mining lease granted under section 334ZJI (2) is in force.\ns 334ZJJ ins 2017 No. 10 s 41B\n(sec.334ZJJ-ssec.1) The ML 70434 entity need not comply with section 248 for the following applications, to the extent the applications relate to land within the area of the mining lease granted under section 334ZJI (2) — mining lease application 70434; another application for a mining lease; an application under section 275 for surface area to be included in a mining lease.\n(sec.334ZJJ-ssec.2) Subsection (1) applies only while the mining lease granted under section 334ZJI (2) is in force.\n- (a) mining lease application 70434;\n- (b) another application for a mining lease;\n- (c) an application under section 275 for surface area to be included in a mining lease.","sortOrder":775},{"sectionNumber":"sec.334ZJK","sectionType":"section","heading":"No compensation payable by State, ML 70434 entity or ML 70460 entity","content":"### sec.334ZJK No compensation payable by State, ML 70434 entity or ML 70460 entity\n\nNo compensation is payable by the State, the ML 70434 entity or the ML 70460 entity to any person for or in connection with the enactment or operation of this part, or anything done to give effect to this part, other than as required under sections 279 and 280 .\nThis section applies despite any other Act or law.\ns 334ZJK ins 2017 No. 10 s 41B\n(sec.334ZJK-ssec.1) No compensation is payable by the State, the ML 70434 entity or the ML 70460 entity to any person for or in connection with the enactment or operation of this part, or anything done to give effect to this part, other than as required under sections 279 and 280 .\n(sec.334ZJK-ssec.2) This section applies despite any other Act or law.","sortOrder":776},{"sectionNumber":"ch.12-pt.4C","sectionType":"part","heading":"Provisions about Byerwen mine","content":"# Provisions about Byerwen mine","sortOrder":777},{"sectionNumber":"sec.334ZJL","sectionType":"section","heading":"Definitions for part","content":"### sec.334ZJL Definitions for part\n\nIn this part—\naccommodates , in relation to a worker, see section 334ZJM .\nByerwen mine means the mine that is the subject of the Byerwen mine project.\nByerwen mine project means each of the following mining leases—\nML700066;\nthe mining leases mentioned in section 334ZJO (1) ;\nany mining lease granted for a mining lease application mentioned in section 334ZJP (1) ;\nany other mining lease, if the authorised activities for the lease are or will be carried out as a single integrated operation with the authorised activities for the leases mentioned in paragraphs (a) to (c) .\nGlenden means the area within the following boundary—\nstarting at 21.33975° south, 148.10430° east\nto 21.33583° south, 148.12047° east\nto 21.34802° south, 148.12885° east\nto 21.36431° south, 148.13596° east\nto 21.36439° south, 148.10035° east\nto the starting point.\nThe area includes the population centre of Glenden entered in the Gazetteer under the Place Names Act 1994 .\nML700066 means the mining lease granted under section 334ZJN (2) while the lease is in effect.\nrostered worker means a worker subject to a roster period within the meaning of section 334ZJM .\nworker means a coal mine worker within the meaning of the Coal Mining Safety and Health Act 1999 who carries out work at the Byerwen mine.\ns 334ZJL ins 2023 No. 21 s 47E\n- (a) ML700066;\n- (b) the mining leases mentioned in section 334ZJO (1) ;\n- (c) any mining lease granted for a mining lease application mentioned in section 334ZJP (1) ;\n- (d) any other mining lease, if the authorised activities for the lease are or will be carried out as a single integrated operation with the authorised activities for the leases mentioned in paragraphs (a) to (c) .\n- • starting at 21.33975° south, 148.10430° east\n- • to 21.33583° south, 148.12047° east\n- • to 21.34802° south, 148.12885° east\n- • to 21.36431° south, 148.13596° east\n- • to 21.36439° south, 148.10035° east\n- • to the starting point.","sortOrder":778},{"sectionNumber":"sec.334ZJM","sectionType":"section","heading":"Meaning of accommodate","content":"### sec.334ZJM Meaning of accommodate\n\nThe holder of a mining lease accommodates a worker at a place if the holder—\nprovides a residential dwelling for the worker at the place; or\nprovides a bed for the worker, in premises other than a residential dwelling, at the place during a roster period for the worker.\nIn this section—\nroster period , in relation to a worker, means a period of consecutive days in a roster cycle during which the worker is scheduled to work shifts at the Byerwen mine.\nfor a week-on/week-off roster—each week the worker is scheduled to work shifts\ns 334ZJM ins 2023 No. 21 s 47E\n(sec.334ZJM-ssec.1) The holder of a mining lease accommodates a worker at a place if the holder— provides a residential dwelling for the worker at the place; or provides a bed for the worker, in premises other than a residential dwelling, at the place during a roster period for the worker.\n(sec.334ZJM-ssec.2) In this section— roster period , in relation to a worker, means a period of consecutive days in a roster cycle during which the worker is scheduled to work shifts at the Byerwen mine. for a week-on/week-off roster—each week the worker is scheduled to work shifts\n- (a) provides a residential dwelling for the worker at the place; or\n- (b) provides a bed for the worker, in premises other than a residential dwelling, at the place during a roster period for the worker.","sortOrder":779},{"sectionNumber":"sec.334ZJN","sectionType":"section","heading":"Grant of mining lease ML700066","content":"### sec.334ZJN Grant of mining lease ML700066\n\nThis section applies to mining lease application 700066 for a mining lease for infrastructure associated with, arising from or promoting the activity of mining for the Byerwen mine.\nOn the commencement, the mining lease is, by operation of this section, granted.\nThe mining lease granted under subsection (2) —\nexpires on 31 March 2030; and\ncan not be renewed; and\ncan not be consolidated with another mining lease.\nThe mining lease is subject to the following conditions—\nthe holder must accommodate at least the following number of workers in Glenden—\nfor the period starting on 31 March 2025 and ending on 30 March 2026—10% of the workers at any time;\nfor the period starting on 31 March 2026 and ending on 30 March 2027—25% of the workers at any time;\nfor the period starting on 31 March 2027 and ending on 30 March 2028—50% of the workers at any time;\nfor the period starting on 31 March 2028 and ending on 30 March 2029—75% of the workers at any time;\nfor a period mentioned in paragraph (a) , workers who are not accommodated in Glenden must be accommodated on the area of the mining lease;\nfrom 31 March 2029, the holder must accommodate all workers in Glenden;\nfor each of the conditions mentioned in paragraphs (a) and (c) —\nat least 30% of the workers accommodated in Glenden must be accommodated in a residential dwelling; and\nif subparagraph (i) is satisfied and the number of rostered workers is insufficient to enable the condition to be satisfied—the condition is taken to be satisfied if all rostered workers are accommodated in Glenden;\nfrom 31 March 2029, the holder must not carry out an activity on the area of the lease other than an activity related to decommissioning of infrastructure, structures or equipment on the area;\nthe holder must give the Minister a report, by 1 July in each year from 2024 to 2029, that—\nis in the form approved by the Minister; and\nincludes the information prescribed by regulation about the holder’s compliance with paragraphs (a) to (d) .\nSubsection (4) does not limit section 276 .\nThis Act, other than sections 286 to 288 , applies in relation to the mining lease as if, on the day of the commencement—\nthe lease had been granted by the Minister under section 271A ; and\nthe conditions mentioned in subsection (4) had been lawfully imposed by the Minister under section 276 (1) (n) .\nHowever, a condition mentioned in subsection (4) may be varied under section 294 only—\nto change 1 or more of the dates mentioned in subsection (4) (a) , other than the end date of the period mentioned in subsection (4) (a) (iv) ; and\nif the Minister has considered the advice of the Coordinator-General before making the variation.\nTo remove any doubt, it is declared that this section applies despite any noncompliance with a provision of this Act in relation to the application mentioned in subsection (1) , including the mining lease notice issued for the application.\nIn this section—\nCoordinator-General see the State Development and Public Works Organisation Act 1971 , schedule 2 .\ns 334ZJN ins 2023 No. 21 s 47E\n(sec.334ZJN-ssec.1) This section applies to mining lease application 700066 for a mining lease for infrastructure associated with, arising from or promoting the activity of mining for the Byerwen mine.\n(sec.334ZJN-ssec.2) On the commencement, the mining lease is, by operation of this section, granted.\n(sec.334ZJN-ssec.3) The mining lease granted under subsection (2) — expires on 31 March 2030; and can not be renewed; and can not be consolidated with another mining lease.\n(sec.334ZJN-ssec.4) The mining lease is subject to the following conditions— the holder must accommodate at least the following number of workers in Glenden— for the period starting on 31 March 2025 and ending on 30 March 2026—10% of the workers at any time; for the period starting on 31 March 2026 and ending on 30 March 2027—25% of the workers at any time; for the period starting on 31 March 2027 and ending on 30 March 2028—50% of the workers at any time; for the period starting on 31 March 2028 and ending on 30 March 2029—75% of the workers at any time; for a period mentioned in paragraph (a) , workers who are not accommodated in Glenden must be accommodated on the area of the mining lease; from 31 March 2029, the holder must accommodate all workers in Glenden; for each of the conditions mentioned in paragraphs (a) and (c) — at least 30% of the workers accommodated in Glenden must be accommodated in a residential dwelling; and if subparagraph (i) is satisfied and the number of rostered workers is insufficient to enable the condition to be satisfied—the condition is taken to be satisfied if all rostered workers are accommodated in Glenden; from 31 March 2029, the holder must not carry out an activity on the area of the lease other than an activity related to decommissioning of infrastructure, structures or equipment on the area; the holder must give the Minister a report, by 1 July in each year from 2024 to 2029, that— is in the form approved by the Minister; and includes the information prescribed by regulation about the holder’s compliance with paragraphs (a) to (d) .\n(sec.334ZJN-ssec.5) Subsection (4) does not limit section 276 .\n(sec.334ZJN-ssec.6) This Act, other than sections 286 to 288 , applies in relation to the mining lease as if, on the day of the commencement— the lease had been granted by the Minister under section 271A ; and the conditions mentioned in subsection (4) had been lawfully imposed by the Minister under section 276 (1) (n) .\n(sec.334ZJN-ssec.7) However, a condition mentioned in subsection (4) may be varied under section 294 only— to change 1 or more of the dates mentioned in subsection (4) (a) , other than the end date of the period mentioned in subsection (4) (a) (iv) ; and if the Minister has considered the advice of the Coordinator-General before making the variation.\n(sec.334ZJN-ssec.8) To remove any doubt, it is declared that this section applies despite any noncompliance with a provision of this Act in relation to the application mentioned in subsection (1) , including the mining lease notice issued for the application.\n(sec.334ZJN-ssec.9) In this section— Coordinator-General see the State Development and Public Works Organisation Act 1971 , schedule 2 .\n- (a) expires on 31 March 2030; and\n- (b) can not be renewed; and\n- (c) can not be consolidated with another mining lease.\n- (a) the holder must accommodate at least the following number of workers in Glenden— (i) for the period starting on 31 March 2025 and ending on 30 March 2026—10% of the workers at any time; (ii) for the period starting on 31 March 2026 and ending on 30 March 2027—25% of the workers at any time; (iii) for the period starting on 31 March 2027 and ending on 30 March 2028—50% of the workers at any time; (iv) for the period starting on 31 March 2028 and ending on 30 March 2029—75% of the workers at any time;\n- (i) for the period starting on 31 March 2025 and ending on 30 March 2026—10% of the workers at any time;\n- (ii) for the period starting on 31 March 2026 and ending on 30 March 2027—25% of the workers at any time;\n- (iii) for the period starting on 31 March 2027 and ending on 30 March 2028—50% of the workers at any time;\n- (iv) for the period starting on 31 March 2028 and ending on 30 March 2029—75% of the workers at any time;\n- (b) for a period mentioned in paragraph (a) , workers who are not accommodated in Glenden must be accommodated on the area of the mining lease;\n- (c) from 31 March 2029, the holder must accommodate all workers in Glenden;\n- (d) for each of the conditions mentioned in paragraphs (a) and (c) — (i) at least 30% of the workers accommodated in Glenden must be accommodated in a residential dwelling; and (ii) if subparagraph (i) is satisfied and the number of rostered workers is insufficient to enable the condition to be satisfied—the condition is taken to be satisfied if all rostered workers are accommodated in Glenden;\n- (i) at least 30% of the workers accommodated in Glenden must be accommodated in a residential dwelling; and\n- (ii) if subparagraph (i) is satisfied and the number of rostered workers is insufficient to enable the condition to be satisfied—the condition is taken to be satisfied if all rostered workers are accommodated in Glenden;\n- (e) from 31 March 2029, the holder must not carry out an activity on the area of the lease other than an activity related to decommissioning of infrastructure, structures or equipment on the area;\n- (f) the holder must give the Minister a report, by 1 July in each year from 2024 to 2029, that— (i) is in the form approved by the Minister; and (ii) includes the information prescribed by regulation about the holder’s compliance with paragraphs (a) to (d) .\n- (i) is in the form approved by the Minister; and\n- (ii) includes the information prescribed by regulation about the holder’s compliance with paragraphs (a) to (d) .\n- (i) for the period starting on 31 March 2025 and ending on 30 March 2026—10% of the workers at any time;\n- (ii) for the period starting on 31 March 2026 and ending on 30 March 2027—25% of the workers at any time;\n- (iii) for the period starting on 31 March 2027 and ending on 30 March 2028—50% of the workers at any time;\n- (iv) for the period starting on 31 March 2028 and ending on 30 March 2029—75% of the workers at any time;\n- (i) at least 30% of the workers accommodated in Glenden must be accommodated in a residential dwelling; and\n- (ii) if subparagraph (i) is satisfied and the number of rostered workers is insufficient to enable the condition to be satisfied—the condition is taken to be satisfied if all rostered workers are accommodated in Glenden;\n- (i) is in the form approved by the Minister; and\n- (ii) includes the information prescribed by regulation about the holder’s compliance with paragraphs (a) to (d) .\n- (a) the lease had been granted by the Minister under section 271A ; and\n- (b) the conditions mentioned in subsection (4) had been lawfully imposed by the Minister under section 276 (1) (n) .\n- (a) to change 1 or more of the dates mentioned in subsection (4) (a) , other than the end date of the period mentioned in subsection (4) (a) (iv) ; and\n- (b) if the Minister has considered the advice of the Coordinator-General before making the variation.","sortOrder":780},{"sectionNumber":"sec.334ZJO","sectionType":"section","heading":"Variation of particular mining leases","content":"### sec.334ZJO Variation of particular mining leases\n\nThis section applies to mining leases 70434, 70435, 70436 and 700058.\nOn the commencement, each mining lease is varied to include the following conditions—\nfrom the commencement, the holder must accommodate all workers either—\nin Glenden; or\non the area of ML700066 in compliance with the conditions mentioned in section 334ZJN (4) (a) to (c) ;\nfor the condition mentioned in paragraph (a) —\nat least 30% of the workers accommodated in Glenden must be accommodated in a residential dwelling; and\nif subparagraph (i) is satisfied and the number of rostered workers is insufficient to enable the condition to be satisfied—the condition is taken to be satisfied if all rostered workers are accommodated in Glenden.\nThe conditions under subsection (2) apply—\ndespite section 234 (1) ; and\nin addition to any existing conditions of each mining lease.\nThis Act applies to the variation of each mining lease under subsection (2) as if the variation had been made by the Minister under section 294 (1) on the day of the commencement.\nHowever, the conditions mentioned in subsection (2) can not be varied under section 294 .\ns 334ZJO ins 2023 No. 21 s 47E\n(sec.334ZJO-ssec.1) This section applies to mining leases 70434, 70435, 70436 and 700058.\n(sec.334ZJO-ssec.2) On the commencement, each mining lease is varied to include the following conditions— from the commencement, the holder must accommodate all workers either— in Glenden; or on the area of ML700066 in compliance with the conditions mentioned in section 334ZJN (4) (a) to (c) ; for the condition mentioned in paragraph (a) — at least 30% of the workers accommodated in Glenden must be accommodated in a residential dwelling; and if subparagraph (i) is satisfied and the number of rostered workers is insufficient to enable the condition to be satisfied—the condition is taken to be satisfied if all rostered workers are accommodated in Glenden.\n(sec.334ZJO-ssec.3) The conditions under subsection (2) apply— despite section 234 (1) ; and in addition to any existing conditions of each mining lease.\n(sec.334ZJO-ssec.4) This Act applies to the variation of each mining lease under subsection (2) as if the variation had been made by the Minister under section 294 (1) on the day of the commencement.\n(sec.334ZJO-ssec.5) However, the conditions mentioned in subsection (2) can not be varied under section 294 .\n- (a) from the commencement, the holder must accommodate all workers either— (i) in Glenden; or (ii) on the area of ML700066 in compliance with the conditions mentioned in section 334ZJN (4) (a) to (c) ;\n- (i) in Glenden; or\n- (ii) on the area of ML700066 in compliance with the conditions mentioned in section 334ZJN (4) (a) to (c) ;\n- (b) for the condition mentioned in paragraph (a) — (i) at least 30% of the workers accommodated in Glenden must be accommodated in a residential dwelling; and (ii) if subparagraph (i) is satisfied and the number of rostered workers is insufficient to enable the condition to be satisfied—the condition is taken to be satisfied if all rostered workers are accommodated in Glenden.\n- (i) at least 30% of the workers accommodated in Glenden must be accommodated in a residential dwelling; and\n- (ii) if subparagraph (i) is satisfied and the number of rostered workers is insufficient to enable the condition to be satisfied—the condition is taken to be satisfied if all rostered workers are accommodated in Glenden.\n- (i) in Glenden; or\n- (ii) on the area of ML700066 in compliance with the conditions mentioned in section 334ZJN (4) (a) to (c) ;\n- (i) at least 30% of the workers accommodated in Glenden must be accommodated in a residential dwelling; and\n- (ii) if subparagraph (i) is satisfied and the number of rostered workers is insufficient to enable the condition to be satisfied—the condition is taken to be satisfied if all rostered workers are accommodated in Glenden.\n- (a) despite section 234 (1) ; and\n- (b) in addition to any existing conditions of each mining lease.","sortOrder":781},{"sectionNumber":"sec.334ZJP","sectionType":"section","heading":"Deciding particular applications","content":"### sec.334ZJP Deciding particular applications\n\nThis section applies in relation to—\nmining lease applications 10355, 10356, 10357 and 10374; and\nany other application for the grant or renewal of a mining lease for the Byerwen mine project, including the grant of a mining lease consolidating other mining leases, if—\nthe application was made, but not decided, before the commencement; or\nthe application is made after the commencement.\nHowever, this section does not apply in relation to the application mentioned in section 334ZJN (1) .\nIf the Minister decides to grant or renew the mining lease under section 271A , 286A or 299 , the mining lease is granted or renewed subject to the following conditions—\nthe holder must accommodate all workers either—\nin Glenden; or\non the area of ML700066 in compliance with the conditions mentioned in section 334ZJN (4) (a) to (c) ;\nfor the condition mentioned in paragraph (a) —\nat least 30% of the workers accommodated in Glenden must be accommodated in a residential dwelling; and\nif subparagraph (i) is satisfied and the number of rostered workers is insufficient to enable the condition to be satisfied—the condition is taken to be satisfied if all rostered workers are accommodated in Glenden.\nSubsection (3) does not limit section 276 .\nThe conditions mentioned in subsection (3) can not be varied under section 294 .\ns 334ZJP ins 2023 No. 21 s 47E\n(sec.334ZJP-ssec.1) This section applies in relation to— mining lease applications 10355, 10356, 10357 and 10374; and any other application for the grant or renewal of a mining lease for the Byerwen mine project, including the grant of a mining lease consolidating other mining leases, if— the application was made, but not decided, before the commencement; or the application is made after the commencement.\n(sec.334ZJP-ssec.2) However, this section does not apply in relation to the application mentioned in section 334ZJN (1) .\n(sec.334ZJP-ssec.3) If the Minister decides to grant or renew the mining lease under section 271A , 286A or 299 , the mining lease is granted or renewed subject to the following conditions— the holder must accommodate all workers either— in Glenden; or on the area of ML700066 in compliance with the conditions mentioned in section 334ZJN (4) (a) to (c) ; for the condition mentioned in paragraph (a) — at least 30% of the workers accommodated in Glenden must be accommodated in a residential dwelling; and if subparagraph (i) is satisfied and the number of rostered workers is insufficient to enable the condition to be satisfied—the condition is taken to be satisfied if all rostered workers are accommodated in Glenden.\n(sec.334ZJP-ssec.4) Subsection (3) does not limit section 276 .\n(sec.334ZJP-ssec.5) The conditions mentioned in subsection (3) can not be varied under section 294 .\n- (a) mining lease applications 10355, 10356, 10357 and 10374; and\n- (b) any other application for the grant or renewal of a mining lease for the Byerwen mine project, including the grant of a mining lease consolidating other mining leases, if— (i) the application was made, but not decided, before the commencement; or (ii) the application is made after the commencement.\n- (i) the application was made, but not decided, before the commencement; or\n- (ii) the application is made after the commencement.\n- (i) the application was made, but not decided, before the commencement; or\n- (ii) the application is made after the commencement.\n- (a) the holder must accommodate all workers either— (i) in Glenden; or (ii) on the area of ML700066 in compliance with the conditions mentioned in section 334ZJN (4) (a) to (c) ;\n- (i) in Glenden; or\n- (ii) on the area of ML700066 in compliance with the conditions mentioned in section 334ZJN (4) (a) to (c) ;\n- (b) for the condition mentioned in paragraph (a) — (i) at least 30% of the workers accommodated in Glenden must be accommodated in a residential dwelling; and (ii) if subparagraph (i) is satisfied and the number of rostered workers is insufficient to enable the condition to be satisfied—the condition is taken to be satisfied if all rostered workers are accommodated in Glenden.\n- (i) at least 30% of the workers accommodated in Glenden must be accommodated in a residential dwelling; and\n- (ii) if subparagraph (i) is satisfied and the number of rostered workers is insufficient to enable the condition to be satisfied—the condition is taken to be satisfied if all rostered workers are accommodated in Glenden.\n- (i) in Glenden; or\n- (ii) on the area of ML700066 in compliance with the conditions mentioned in section 334ZJN (4) (a) to (c) ;\n- (i) at least 30% of the workers accommodated in Glenden must be accommodated in a residential dwelling; and\n- (ii) if subparagraph (i) is satisfied and the number of rostered workers is insufficient to enable the condition to be satisfied—the condition is taken to be satisfied if all rostered workers are accommodated in Glenden.","sortOrder":782},{"sectionNumber":"sec.334ZJQ","sectionType":"section","heading":"No compensation payable by the State","content":"### sec.334ZJQ No compensation payable by the State\n\nNo compensation is payable by the State to any person in connection with the enactment or operation of this part, or anything done to give effect to this part, other than as required under sections 279 and 280 .\nThis section applies despite any other Act or law.\ns 334ZJQ ins 2023 No. 21 s 47E\n(sec.334ZJQ-ssec.1) No compensation is payable by the State to any person in connection with the enactment or operation of this part, or anything done to give effect to this part, other than as required under sections 279 and 280 .\n(sec.334ZJQ-ssec.2) This section applies despite any other Act or law.","sortOrder":783},{"sectionNumber":"ch.12-pt.5","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":784},{"sectionNumber":"sec.334ZK","sectionType":"section","heading":"Validation of granting of mining lease 1978","content":"### sec.334ZK Validation of granting of mining lease 1978\n\nThis section applies to mining lease 1978.\nThe mining lease is taken to be, and always to have been, validly granted under section 234 .\nThe area of the mining lease is taken to exclude, and always to have excluded, the parts of Crinum Creek, within the boundaries of the mining lease, as shown on RP805034 and RP615398.\nThe surface area comprised in the mining lease is taken to include, and always to have included, the surface area of the land (other than the land described as lot 6 on RP806552) that, under subsection (3) , is comprised in the mining lease.\nTo remove any doubt, it is declared that nothing in this section affects an agreement, or determination by the tribunal, made under this Act before the commencement of this section about compensation payable by the holder of the mining lease for the surface area of any land being included in the mining lease.\ns 334ZK (prev s 418A) ins 2002 No. 25 s 21\namd 2012 No. 20 s 125 sch 1\nreloc and renum 2012 No. 20 s 313\n(sec.334ZK-ssec.1) This section applies to mining lease 1978.\n(sec.334ZK-ssec.2) The mining lease is taken to be, and always to have been, validly granted under section 234 .\n(sec.334ZK-ssec.3) The area of the mining lease is taken to exclude, and always to have excluded, the parts of Crinum Creek, within the boundaries of the mining lease, as shown on RP805034 and RP615398.\n(sec.334ZK-ssec.4) The surface area comprised in the mining lease is taken to include, and always to have included, the surface area of the land (other than the land described as lot 6 on RP806552) that, under subsection (3) , is comprised in the mining lease.\n(sec.334ZK-ssec.5) To remove any doubt, it is declared that nothing in this section affects an agreement, or determination by the tribunal, made under this Act before the commencement of this section about compensation payable by the holder of the mining lease for the surface area of any land being included in the mining lease.","sortOrder":785},{"sectionNumber":"sec.334ZL","sectionType":"section","heading":"Validation of inclusion of additional surface area No. 2 in mining lease 4761","content":"### sec.334ZL Validation of inclusion of additional surface area No. 2 in mining lease 4761\n\nThis section applies to mining lease 4761.\nThe application made under section 275 to include additional surface area No. 2 in the mining lease is taken to have been validly granted on 29 March 2007.\nAdditional surface area No. 2 is taken to have been included in the mining lease on 29 March 2007.\nTo remove any doubt, it is declared that nothing in this section affects an agreement, or determination by the tribunal, made under this Act before the commencement of this section about compensation payable by the holder of the mining lease for additional surface area No. 2 being included in the mining lease.\nTo remove any doubt, it is declared that this section does not limit or otherwise affect the operation of section 416 in relation to the application or the mining lease.\nIn this section—\nadditional surface area No. 2 means the area identified as surface area 3 in mine plan 37891 recorded under this Act in the register.\ns 334ZL (prev s 418AA) ins 2007 No. 46 s 91A\namd 2012 No. 20 s 281 sch 2\nreloc and renum 2012 No. 20 s 313\n(sec.334ZL-ssec.1) This section applies to mining lease 4761.\n(sec.334ZL-ssec.2) The application made under section 275 to include additional surface area No. 2 in the mining lease is taken to have been validly granted on 29 March 2007.\n(sec.334ZL-ssec.3) Additional surface area No. 2 is taken to have been included in the mining lease on 29 March 2007.\n(sec.334ZL-ssec.4) To remove any doubt, it is declared that nothing in this section affects an agreement, or determination by the tribunal, made under this Act before the commencement of this section about compensation payable by the holder of the mining lease for additional surface area No. 2 being included in the mining lease.\n(sec.334ZL-ssec.5) To remove any doubt, it is declared that this section does not limit or otherwise affect the operation of section 416 in relation to the application or the mining lease.\n(sec.334ZL-ssec.6) In this section— additional surface area No. 2 means the area identified as surface area 3 in mine plan 37891 recorded under this Act in the register.","sortOrder":786},{"sectionNumber":"sec.334ZM","sectionType":"section","heading":"Provisions about compensation for owners of lots 65 and 66 on RP909055","content":"### sec.334ZM Provisions about compensation for owners of lots 65 and 66 on RP909055\n\nThis section applies to—\nlot 65 on RP909055 ( lot 65 ), part of the surface area of which, under section 334ZK , is taken to be, and always to have been, included in mining lease 1978; and\nlot 66 on RP909055 ( lot 66 ) part of which is comprised in mining lease 1978.\nThe holder of the mining lease must pay compensation to the owner of lot 65.\nThe compensation amount and the terms on which it is payable must be—\nthe subject of an agreement between the holder and the owner; or\ndecided by the Land Court under section 281 as if it were compensation referred to in section 279 .\nThis Act applies as if the agreement mentioned in subsection (3) (a) were an agreement mentioned in section 279 (1) (a) .\nSee, for example, sections 279 (3) and 281 .\nNo compensation is payable by the holder of the mining lease to the owner of lot 66.\nSubsection (5) applies despite section 416 and the Property Law Act 2023 .\ns 334ZM (prev s 418B) ins 2002 No. 25 s 21\namd 2007 No. 39 s 41 sch ; 2012 No. 20 s 323 sch 3\nreloc and renum 2012 No. 20 s 313\namd 2018 No. 24 s 140; 2023 No. 27 s 289 sch 3\n(sec.334ZM-ssec.1) This section applies to— lot 65 on RP909055 ( lot 65 ), part of the surface area of which, under section 334ZK , is taken to be, and always to have been, included in mining lease 1978; and lot 66 on RP909055 ( lot 66 ) part of which is comprised in mining lease 1978.\n(sec.334ZM-ssec.2) The holder of the mining lease must pay compensation to the owner of lot 65.\n(sec.334ZM-ssec.3) The compensation amount and the terms on which it is payable must be— the subject of an agreement between the holder and the owner; or decided by the Land Court under section 281 as if it were compensation referred to in section 279 .\n(sec.334ZM-ssec.4) This Act applies as if the agreement mentioned in subsection (3) (a) were an agreement mentioned in section 279 (1) (a) . See, for example, sections 279 (3) and 281 .\n(sec.334ZM-ssec.5) No compensation is payable by the holder of the mining lease to the owner of lot 66.\n(sec.334ZM-ssec.6) Subsection (5) applies despite section 416 and the Property Law Act 2023 .\n- (a) lot 65 on RP909055 ( lot 65 ), part of the surface area of which, under section 334ZK , is taken to be, and always to have been, included in mining lease 1978; and\n- (b) lot 66 on RP909055 ( lot 66 ) part of which is comprised in mining lease 1978.\n- (a) the subject of an agreement between the holder and the owner; or\n- (b) decided by the Land Court under section 281 as if it were compensation referred to in section 279 .","sortOrder":787},{"sectionNumber":"sec.334ZN","sectionType":"section","heading":"Cancellation of Shelburne Bay mining leases","content":"### sec.334ZN Cancellation of Shelburne Bay mining leases\n\nOn and from the commencement of this section—\nthe relevant mining leases are cancelled; and\nwithout limiting paragraph (a) , and despite any entitlement there may otherwise be under this Act for the renewal of the relevant mining leases—\nany application made before the commencement for the renewal of the leases must not be further dealt with under this Act; and\nthe Minister must not grant a renewal of the leases.\nNo compensation is payable to any person because of the operation of subsection (1) .\nSubsection (2) applies despite any other provision of this Act and despite any other Act or law.\nIn subsection (1) —\nrelevant mining leases means mining leases 5940 and 5941 over land situated in the Mareeba mining district.\ns 334ZN (prev s 418C) ins 2003 No. 20 s 8\namd 2012 No. 20 s 281 sch 2\nreloc and renum 2012 No. 20 s 313\n(sec.334ZN-ssec.1) On and from the commencement of this section— the relevant mining leases are cancelled; and without limiting paragraph (a) , and despite any entitlement there may otherwise be under this Act for the renewal of the relevant mining leases— any application made before the commencement for the renewal of the leases must not be further dealt with under this Act; and the Minister must not grant a renewal of the leases.\n(sec.334ZN-ssec.2) No compensation is payable to any person because of the operation of subsection (1) .\n(sec.334ZN-ssec.3) Subsection (2) applies despite any other provision of this Act and despite any other Act or law.\n(sec.334ZN-ssec.4) In subsection (1) — relevant mining leases means mining leases 5940 and 5941 over land situated in the Mareeba mining district.\n- (a) the relevant mining leases are cancelled; and\n- (b) without limiting paragraph (a) , and despite any entitlement there may otherwise be under this Act for the renewal of the relevant mining leases— (i) any application made before the commencement for the renewal of the leases must not be further dealt with under this Act; and (ii) the Minister must not grant a renewal of the leases.\n- (i) any application made before the commencement for the renewal of the leases must not be further dealt with under this Act; and\n- (ii) the Minister must not grant a renewal of the leases.\n- (i) any application made before the commencement for the renewal of the leases must not be further dealt with under this Act; and\n- (ii) the Minister must not grant a renewal of the leases.","sortOrder":788},{"sectionNumber":"sec.334ZO","sectionType":"section","heading":"Particular mineral development licences and mining leases","content":"### sec.334ZO Particular mineral development licences and mining leases\n\nA mineral development licence or a mining lease granted before the commencement of this section wholly or partly in respect of relevant land for an exploration permit is taken to have been validly granted.\nAn application for a mineral development licence or a mining lease to the extent the application is in respect of relevant land for an exploration permit is taken to have been validly made if the application—\nwas lodged before the commencement of this section; and\nwould have complied with the Act in all respects if the relevant land had not been excluded from the exploration permit.\nIn this section—\nrelevant land , for an exploration permit, means land that was excluded under a condition of the permit to the effect that land subject to native title is excluded from the permit.\ns 334ZO (prev s 418D) ins 2004 No. 4 s 53B\nreloc and renum 2012 No. 20 s 313\n(sec.334ZO-ssec.1) A mineral development licence or a mining lease granted before the commencement of this section wholly or partly in respect of relevant land for an exploration permit is taken to have been validly granted.\n(sec.334ZO-ssec.2) An application for a mineral development licence or a mining lease to the extent the application is in respect of relevant land for an exploration permit is taken to have been validly made if the application— was lodged before the commencement of this section; and would have complied with the Act in all respects if the relevant land had not been excluded from the exploration permit.\n(sec.334ZO-ssec.3) In this section— relevant land , for an exploration permit, means land that was excluded under a condition of the permit to the effect that land subject to native title is excluded from the permit.\n- (a) was lodged before the commencement of this section; and\n- (b) would have complied with the Act in all respects if the relevant land had not been excluded from the exploration permit.","sortOrder":789},{"sectionNumber":"sec.334ZOA","sectionType":"section","heading":"Validation of mining lease granted without issue of instrument of lease","content":"### sec.334ZOA Validation of mining lease granted without issue of instrument of lease\n\nThis section applies to a mining lease if—\nthe lease was granted before the commencement of the Mines and Energy Legislation Amendment Act 2010 , section 52 ; and\neither or both of the following apply—\nthe Minister did not comply with the requirement under former section 271 (1) (a) to recommend to the Governor in Council that an instrument of lease be issued to the applicant for the lease with respect to the whole or part of the land the subject of the application for the lease;\nan instrument of lease was not issued to the holder of the lease.\nThe mining lease is taken to be, and always to have been, as valid as if the Minister had complied with the requirement mentioned in subsection (1) (b) (i) and an instrument of lease had been issued to the holder of the lease.\nWithout limiting subsection (2) —\nanything done under or in relation to the mining lease is, and was, as valid as if the Minister had complied with the requirement mentioned in subsection (1) (b) (i) and an instrument of lease had been issued to the holder of the lease; and\nanything required or allowed to be done in relation to an instrument of lease issued for the mining lease that was not done is, and was, as valid as if—\nthe Minister had complied with the requirement mentioned in subsection (1) (b) (i) and an instrument of lease had been issued to the holder of the lease; and\nthe thing in relation to the instrument of lease had been done; and\nthe rights and liabilities of all persons are taken to be, and to have been, for all purposes the same as if the Minister had complied with the requirement mentioned in subsection (1) (b) (i) and an instrument of lease had been issued to the holder of the mining lease.\nIn this section—\nformer section 271(1)(a) means section 271 (1)(a)as in force from time to time before the commencement of the Mines and Energy Legislation Amendment Act 2010 , section 52 .\nThe Mines and Energy Legislation Amendment Act 2010 , section 52 commenced on 21 April 2010.\ns 334ZOA ins 2021 No. 18 s 3\n(sec.334ZOA-ssec.1) This section applies to a mining lease if— the lease was granted before the commencement of the Mines and Energy Legislation Amendment Act 2010 , section 52 ; and either or both of the following apply— the Minister did not comply with the requirement under former section 271 (1) (a) to recommend to the Governor in Council that an instrument of lease be issued to the applicant for the lease with respect to the whole or part of the land the subject of the application for the lease; an instrument of lease was not issued to the holder of the lease.\n(sec.334ZOA-ssec.2) The mining lease is taken to be, and always to have been, as valid as if the Minister had complied with the requirement mentioned in subsection (1) (b) (i) and an instrument of lease had been issued to the holder of the lease.\n(sec.334ZOA-ssec.3) Without limiting subsection (2) — anything done under or in relation to the mining lease is, and was, as valid as if the Minister had complied with the requirement mentioned in subsection (1) (b) (i) and an instrument of lease had been issued to the holder of the lease; and anything required or allowed to be done in relation to an instrument of lease issued for the mining lease that was not done is, and was, as valid as if— the Minister had complied with the requirement mentioned in subsection (1) (b) (i) and an instrument of lease had been issued to the holder of the lease; and the thing in relation to the instrument of lease had been done; and the rights and liabilities of all persons are taken to be, and to have been, for all purposes the same as if the Minister had complied with the requirement mentioned in subsection (1) (b) (i) and an instrument of lease had been issued to the holder of the mining lease.\n(sec.334ZOA-ssec.4) In this section— former section 271(1)(a) means section 271 (1)(a)as in force from time to time before the commencement of the Mines and Energy Legislation Amendment Act 2010 , section 52 . The Mines and Energy Legislation Amendment Act 2010 , section 52 commenced on 21 April 2010.\n- (a) the lease was granted before the commencement of the Mines and Energy Legislation Amendment Act 2010 , section 52 ; and\n- (b) either or both of the following apply— (i) the Minister did not comply with the requirement under former section 271 (1) (a) to recommend to the Governor in Council that an instrument of lease be issued to the applicant for the lease with respect to the whole or part of the land the subject of the application for the lease; (ii) an instrument of lease was not issued to the holder of the lease.\n- (i) the Minister did not comply with the requirement under former section 271 (1) (a) to recommend to the Governor in Council that an instrument of lease be issued to the applicant for the lease with respect to the whole or part of the land the subject of the application for the lease;\n- (ii) an instrument of lease was not issued to the holder of the lease.\n- (i) the Minister did not comply with the requirement under former section 271 (1) (a) to recommend to the Governor in Council that an instrument of lease be issued to the applicant for the lease with respect to the whole or part of the land the subject of the application for the lease;\n- (ii) an instrument of lease was not issued to the holder of the lease.\n- (a) anything done under or in relation to the mining lease is, and was, as valid as if the Minister had complied with the requirement mentioned in subsection (1) (b) (i) and an instrument of lease had been issued to the holder of the lease; and\n- (b) anything required or allowed to be done in relation to an instrument of lease issued for the mining lease that was not done is, and was, as valid as if— (i) the Minister had complied with the requirement mentioned in subsection (1) (b) (i) and an instrument of lease had been issued to the holder of the lease; and (ii) the thing in relation to the instrument of lease had been done; and\n- (i) the Minister had complied with the requirement mentioned in subsection (1) (b) (i) and an instrument of lease had been issued to the holder of the lease; and\n- (ii) the thing in relation to the instrument of lease had been done; and\n- (c) the rights and liabilities of all persons are taken to be, and to have been, for all purposes the same as if the Minister had complied with the requirement mentioned in subsection (1) (b) (i) and an instrument of lease had been issued to the holder of the mining lease.\n- (i) the Minister had complied with the requirement mentioned in subsection (1) (b) (i) and an instrument of lease had been issued to the holder of the lease; and\n- (ii) the thing in relation to the instrument of lease had been done; and","sortOrder":790},{"sectionNumber":"ch.12A-pt.1","sectionType":"part","heading":"Water rights for mineral development licences and mining leases","content":"# Water rights for mineral development licences and mining leases","sortOrder":791},{"sectionNumber":"sec.334ZP","sectionType":"section","heading":"Entitlement to use underground water","content":"### sec.334ZP Entitlement to use underground water\n\nThe holder of a mineral development licence or mining lease may take or interfere with underground water in the area of the licence or lease if the taking or interference happens during the course of, or results from, the carrying out of an authorised activity for the licence or lease.\nmine dewatering of underground water to the extent necessary to achieve safe operating conditions in the mine\ntaking underground water as a result of evaporation from an open mine pit\nThe rights of the holder of the mineral development licence or mining lease under subsection (1) —\nare the holder’s underground water rights for the licence or lease; and\nare subject to the holder complying with the holder’s underground water obligations.\nUnderground water taken or interfered with under subsection (1) is associated water .\nThe holder of the mineral development licence or mining lease may use associated water for any purpose and within or outside the area of the licence or lease.\nThe holder of the mineral development licence or mining lease must, in accordance with any requirements prescribed by regulation—\nmeasure the volume of associated water taken by the holder or, if the taking is the result of evaporation, estimate the volume of water taken; and\nreport the volume or estimated volume of associated water taken by the holder to the chief executive.\nMaximum penalty—500 penalty units.\nThe holder of the mineral development licence or mining lease must advise the chief executive of the department in which chapter 3 of the Water Act is administered of the exercise of the holder’s underground water rights immediately after the holder starts exercising the rights.\nMaximum penalty—500 penalty units.\nHowever, if the mineral development licence or mining lease is in force at the commencement of this section, the holder of the licence or lease does not commit an offence against subsection (6) if the holder notifies the chief executive of the exercise of the holder’s underground water rights within 3 months after the commencement.\nSubsection (9) applies if, after the commencement of this section, the holder of a mineral development licence or mining lease exercises an entitlement under a water licence or water permit under the Water Act to take or interfere with water.\nTo remove any doubt, it is declared that the exercise of the entitlement by the holder of the mineral development licence or mining lease during the course of, or resulting from, the carrying out of an authorised activity for the licence or lease is also an exercise of the holder’s underground water rights under this section and is subject to compliance with the holder’s underground water obligations.\ns 334ZP ins 2014 No. 64 s 11\n(sec.334ZP-ssec.1) The holder of a mineral development licence or mining lease may take or interfere with underground water in the area of the licence or lease if the taking or interference happens during the course of, or results from, the carrying out of an authorised activity for the licence or lease. mine dewatering of underground water to the extent necessary to achieve safe operating conditions in the mine taking underground water as a result of evaporation from an open mine pit\n(sec.334ZP-ssec.2) The rights of the holder of the mineral development licence or mining lease under subsection (1) — are the holder’s underground water rights for the licence or lease; and are subject to the holder complying with the holder’s underground water obligations.\n(sec.334ZP-ssec.3) Underground water taken or interfered with under subsection (1) is associated water .\n(sec.334ZP-ssec.4) The holder of the mineral development licence or mining lease may use associated water for any purpose and within or outside the area of the licence or lease.\n(sec.334ZP-ssec.5) The holder of the mineral development licence or mining lease must, in accordance with any requirements prescribed by regulation— measure the volume of associated water taken by the holder or, if the taking is the result of evaporation, estimate the volume of water taken; and report the volume or estimated volume of associated water taken by the holder to the chief executive. Maximum penalty—500 penalty units.\n(sec.334ZP-ssec.6) The holder of the mineral development licence or mining lease must advise the chief executive of the department in which chapter 3 of the Water Act is administered of the exercise of the holder’s underground water rights immediately after the holder starts exercising the rights. Maximum penalty—500 penalty units.\n(sec.334ZP-ssec.7) However, if the mineral development licence or mining lease is in force at the commencement of this section, the holder of the licence or lease does not commit an offence against subsection (6) if the holder notifies the chief executive of the exercise of the holder’s underground water rights within 3 months after the commencement.\n(sec.334ZP-ssec.8) Subsection (9) applies if, after the commencement of this section, the holder of a mineral development licence or mining lease exercises an entitlement under a water licence or water permit under the Water Act to take or interfere with water.\n(sec.334ZP-ssec.9) To remove any doubt, it is declared that the exercise of the entitlement by the holder of the mineral development licence or mining lease during the course of, or resulting from, the carrying out of an authorised activity for the licence or lease is also an exercise of the holder’s underground water rights under this section and is subject to compliance with the holder’s underground water obligations.\n- 1 mine dewatering of underground water to the extent necessary to achieve safe operating conditions in the mine\n- 2 taking underground water as a result of evaporation from an open mine pit\n- (a) are the holder’s underground water rights for the licence or lease; and\n- (b) are subject to the holder complying with the holder’s underground water obligations.\n- (a) measure the volume of associated water taken by the holder or, if the taking is the result of evaporation, estimate the volume of water taken; and\n- (b) report the volume or estimated volume of associated water taken by the holder to the chief executive.","sortOrder":792},{"sectionNumber":"sec.334ZQ","sectionType":"section","heading":"Water monitoring activities","content":"### sec.334ZQ Water monitoring activities\n\nThe holder of the mineral development licence or mining lease may carry out any of the following activities in the area of the licence or lease to comply with its underground water obligations for the licence or lease—\ngathering information about, or undertaking an assessment of, a water bore;\nmonitoring effects of the exercise of the holder’s underground water rights for the licence or lease;\nconstructing or plugging and abandoning a water monitoring bore;\ngathering information for preparing an underground water impact report or final report under the Water Act , chapter 3 ;\ncarrying out any other activity necessary to comply with the holder’s underground water obligations.\nIf the holder of the mineral development licence or mining lease is also the holder of an exploration permit, the holder may carry out any of the activities mentioned in subsection (1) in the area of the exploration permit to comply with its underground water obligations for the licence or lease.\nThe constructing or plugging and abandoning of a water monitoring bore must be carried out by an individual licensed under the Water Act , chapter 8 , part 2B to carry out the activity.\nMaximum penalty—500 penalty units.\nAn activity mentioned in subsection (1) is a water monitoring activity .\ns 334ZQ ins 2014 No. 64 s 11\n(sec.334ZQ-ssec.1) The holder of the mineral development licence or mining lease may carry out any of the following activities in the area of the licence or lease to comply with its underground water obligations for the licence or lease— gathering information about, or undertaking an assessment of, a water bore; monitoring effects of the exercise of the holder’s underground water rights for the licence or lease; constructing or plugging and abandoning a water monitoring bore; gathering information for preparing an underground water impact report or final report under the Water Act , chapter 3 ; carrying out any other activity necessary to comply with the holder’s underground water obligations.\n(sec.334ZQ-ssec.2) If the holder of the mineral development licence or mining lease is also the holder of an exploration permit, the holder may carry out any of the activities mentioned in subsection (1) in the area of the exploration permit to comply with its underground water obligations for the licence or lease.\n(sec.334ZQ-ssec.3) The constructing or plugging and abandoning of a water monitoring bore must be carried out by an individual licensed under the Water Act , chapter 8 , part 2B to carry out the activity. Maximum penalty—500 penalty units.\n(sec.334ZQ-ssec.4) An activity mentioned in subsection (1) is a water monitoring activity .\n- (a) gathering information about, or undertaking an assessment of, a water bore;\n- (b) monitoring effects of the exercise of the holder’s underground water rights for the licence or lease;\n- (c) constructing or plugging and abandoning a water monitoring bore;\n- (d) gathering information for preparing an underground water impact report or final report under the Water Act , chapter 3 ;\n- (e) carrying out any other activity necessary to comply with the holder’s underground water obligations.","sortOrder":793},{"sectionNumber":"sec.334ZR","sectionType":"section","heading":"Authorisation for Water Act","content":"### sec.334ZR Authorisation for Water Act\n\nTaking, interfering with, or using underground water under section 334ZP is authorised for the Water Act .\nSee the Water Act , section 808 .\ns 334ZR ins 2014 No. 64 s 11","sortOrder":794},{"sectionNumber":"sec.334ZS","sectionType":"section","heading":"Water Act not otherwise affected","content":"### sec.334ZS Water Act not otherwise affected\n\nTo remove any doubt, it is declared that a holder of a mineral development licence or mining lease can not take, interfere with, or use water unless the taking, interference or use is authorised under this part or the Water Act .\nIn this section—\nwater see the Water Act , schedule 4 .\nSee the Water Act , chapter 2 , part 3 and section 808 .\ns 334ZS ins 2014 No. 64 s 11\n(sec.334ZS-ssec.1) To remove any doubt, it is declared that a holder of a mineral development licence or mining lease can not take, interfere with, or use water unless the taking, interference or use is authorised under this part or the Water Act .\n(sec.334ZS-ssec.2) In this section— water see the Water Act , schedule 4 . See the Water Act , chapter 2 , part 3 and section 808 .","sortOrder":795},{"sectionNumber":"ch.12A-pt.2","sectionType":"part","heading":"Water monitoring authorities","content":"# Water monitoring authorities","sortOrder":796},{"sectionNumber":"ch.12A-pt.2-div.1","sectionType":"division","heading":"Obtaining water monitoring authority","content":"## Obtaining water monitoring authority","sortOrder":797},{"sectionNumber":"sec.334ZT","sectionType":"section","heading":"Who may apply for water monitoring authority","content":"### sec.334ZT Who may apply for water monitoring authority\n\nThe holder of a mineral development licence or mining lease may apply for a water monitoring authority for stated land outside the area of the licence or lease to allow the holder to comply with the holder’s underground water obligations for the licence or lease.\nWithout limiting subsection (1) , the application may be made or granted—\nover land in the area of another mining tenement; and\nfor 1 or more mineral development licences or mining leases held by the same applicant.\ns 334ZT ins 2014 No. 64 s 11\n(sec.334ZT-ssec.1) The holder of a mineral development licence or mining lease may apply for a water monitoring authority for stated land outside the area of the licence or lease to allow the holder to comply with the holder’s underground water obligations for the licence or lease.\n(sec.334ZT-ssec.2) Without limiting subsection (1) , the application may be made or granted— over land in the area of another mining tenement; and for 1 or more mineral development licences or mining leases held by the same applicant.\n- (a) over land in the area of another mining tenement; and\n- (b) for 1 or more mineral development licences or mining leases held by the same applicant.","sortOrder":798},{"sectionNumber":"sec.334ZU","sectionType":"section","heading":"Requirements for making application","content":"### sec.334ZU Requirements for making application\n\nThe application must be—\nin the approved form; and\naccompanied by the fee prescribed by regulation.\ns 334ZU ins 2014 No. 64 s 11\n- (a) in the approved form; and\n- (b) accompanied by the fee prescribed by regulation.","sortOrder":799},{"sectionNumber":"sec.334ZV","sectionType":"section","heading":"Deciding application for water monitoring authority","content":"### sec.334ZV Deciding application for water monitoring authority\n\nThe Minister may grant or refuse to grant the water monitoring authority.\nHowever, the water monitoring authority must not be granted unless an environmental authority for the water monitoring authority has been issued.\nIf the application relates to acquired land, see also section 10AAC .\nThe Minister may, before deciding the application, seek advice about the application from the chief executive of the department in which the Water Act is administered.\nA water monitoring authority must state its area and each mineral development licence or mining lease to which it relates.\nA water monitoring authority may also state—\nconditions or other provisions of the authority, other than conditions or provisions that are—\ninconsistent with division 2 or section 334ZZF or 334ZZG or any other mandatory condition for water monitoring authorities; or\nThe Mineral and Energy Resources (Common Provisions) Act 2014 , chapter 3 also imposes mandatory conditions on water monitoring authorities.\ninconsistent with a condition of any mineral development licence or mining lease to which the authority relates; or\nthe same as, or substantially the same as, or inconsistent with any relevant environmental condition for a water monitoring activity for the authority; and\nthe day it takes effect.\nHowever, the provisions of a water monitoring authority may exclude or restrict the carrying out of water monitoring activities, if the exclusion or restriction does not prevent the holder of the mineral development licence or mining lease to which it relates from complying with the holder’s underground water obligations.\nThe Minister may, as a condition of deciding to grant the water monitoring authority, require the applicant to do all or any of the following within a stated reasonable period—\npay the annual rent for the first year of the authority;\ngive security for the authority.\nIf the applicant does not comply with the requirement, the application may be refused.\ns 334ZV ins 2014 No. 64 s 11\n(sec.334ZV-ssec.1) The Minister may grant or refuse to grant the water monitoring authority.\n(sec.334ZV-ssec.2) However, the water monitoring authority must not be granted unless an environmental authority for the water monitoring authority has been issued. If the application relates to acquired land, see also section 10AAC .\n(sec.334ZV-ssec.3) The Minister may, before deciding the application, seek advice about the application from the chief executive of the department in which the Water Act is administered.\n(sec.334ZV-ssec.4) A water monitoring authority must state its area and each mineral development licence or mining lease to which it relates.\n(sec.334ZV-ssec.5) A water monitoring authority may also state— conditions or other provisions of the authority, other than conditions or provisions that are— inconsistent with division 2 or section 334ZZF or 334ZZG or any other mandatory condition for water monitoring authorities; or The Mineral and Energy Resources (Common Provisions) Act 2014 , chapter 3 also imposes mandatory conditions on water monitoring authorities. inconsistent with a condition of any mineral development licence or mining lease to which the authority relates; or the same as, or substantially the same as, or inconsistent with any relevant environmental condition for a water monitoring activity for the authority; and the day it takes effect.\n(sec.334ZV-ssec.6) However, the provisions of a water monitoring authority may exclude or restrict the carrying out of water monitoring activities, if the exclusion or restriction does not prevent the holder of the mineral development licence or mining lease to which it relates from complying with the holder’s underground water obligations.\n(sec.334ZV-ssec.7) The Minister may, as a condition of deciding to grant the water monitoring authority, require the applicant to do all or any of the following within a stated reasonable period— pay the annual rent for the first year of the authority; give security for the authority.\n(sec.334ZV-ssec.8) If the applicant does not comply with the requirement, the application may be refused.\n- (a) conditions or other provisions of the authority, other than conditions or provisions that are— (i) inconsistent with division 2 or section 334ZZF or 334ZZG or any other mandatory condition for water monitoring authorities; or Note— The Mineral and Energy Resources (Common Provisions) Act 2014 , chapter 3 also imposes mandatory conditions on water monitoring authorities. (ii) inconsistent with a condition of any mineral development licence or mining lease to which the authority relates; or (iii) the same as, or substantially the same as, or inconsistent with any relevant environmental condition for a water monitoring activity for the authority; and\n- (i) inconsistent with division 2 or section 334ZZF or 334ZZG or any other mandatory condition for water monitoring authorities; or Note— The Mineral and Energy Resources (Common Provisions) Act 2014 , chapter 3 also imposes mandatory conditions on water monitoring authorities.\n- (ii) inconsistent with a condition of any mineral development licence or mining lease to which the authority relates; or\n- (iii) the same as, or substantially the same as, or inconsistent with any relevant environmental condition for a water monitoring activity for the authority; and\n- (b) the day it takes effect.\n- (i) inconsistent with division 2 or section 334ZZF or 334ZZG or any other mandatory condition for water monitoring authorities; or Note— The Mineral and Energy Resources (Common Provisions) Act 2014 , chapter 3 also imposes mandatory conditions on water monitoring authorities.\n- (ii) inconsistent with a condition of any mineral development licence or mining lease to which the authority relates; or\n- (iii) the same as, or substantially the same as, or inconsistent with any relevant environmental condition for a water monitoring activity for the authority; and\n- (a) pay the annual rent for the first year of the authority;\n- (b) give security for the authority.","sortOrder":800},{"sectionNumber":"ch.12A-pt.2-div.2","sectionType":"division","heading":"Particular activities authorised for water monitoring authorities","content":"## Particular activities authorised for water monitoring authorities","sortOrder":801},{"sectionNumber":"sec.334ZW","sectionType":"section","heading":"Operation of div 2","content":"### sec.334ZW Operation of div 2\n\nThis division provides for particular activities that are authorised for a water monitoring authority.\nThe carrying out of particular activities on particular land in a water monitoring authority’s area may not be authorised following the taking of the land under a resumption law. See section 10AAB .\nThe activities may be carried out despite the rights of an owner or occupier of land on which they are exercised.\nHowever, the carrying out of the activities is subject to—\nsections 3A , 334ZZA and 334ZZB and the Mineral and Energy Resources (Common Provisions) Act 2014 , chapter 3 ; and\nthe mandatory and other conditions of the water monitoring authority; and\nany exclusion or restriction provided for in the water monitoring authority on the carrying out of the activities.\ns 334ZW ins 2014 No. 64 s 11\n(sec.334ZW-ssec.1) This division provides for particular activities that are authorised for a water monitoring authority. The carrying out of particular activities on particular land in a water monitoring authority’s area may not be authorised following the taking of the land under a resumption law. See section 10AAB .\n(sec.334ZW-ssec.2) The activities may be carried out despite the rights of an owner or occupier of land on which they are exercised.\n(sec.334ZW-ssec.3) However, the carrying out of the activities is subject to— sections 3A , 334ZZA and 334ZZB and the Mineral and Energy Resources (Common Provisions) Act 2014 , chapter 3 ; and the mandatory and other conditions of the water monitoring authority; and any exclusion or restriction provided for in the water monitoring authority on the carrying out of the activities.\n- (a) sections 3A , 334ZZA and 334ZZB and the Mineral and Energy Resources (Common Provisions) Act 2014 , chapter 3 ; and\n- (b) the mandatory and other conditions of the water monitoring authority; and\n- (c) any exclusion or restriction provided for in the water monitoring authority on the carrying out of the activities.","sortOrder":802},{"sectionNumber":"sec.334ZX","sectionType":"section","heading":"Water monitoring activities","content":"### sec.334ZX Water monitoring activities\n\nSubject to section 334ZV (6) , the holder of the water monitoring authority may carry out any water monitoring activity in the area of the authority.\ns 334ZX ins 2014 No. 64 s 11","sortOrder":803},{"sectionNumber":"sec.334ZY","sectionType":"section","heading":"Limited right to take or interfere with underground water","content":"### sec.334ZY Limited right to take or interfere with underground water\n\nThe holder of the water monitoring authority may take or interfere with underground water only to the extent that the taking or interference is the unavoidable result of carrying out a water monitoring activity in the area of the authority.\ntaking or interfering with underground water during the drilling or maintenance of a water monitoring bore in the area\ns 334ZY ins 2014 No. 64 s 11","sortOrder":804},{"sectionNumber":"sec.334ZZ","sectionType":"section","heading":"Authorisation for Water Act","content":"### sec.334ZZ Authorisation for Water Act\n\nFor the Water Act , taking or interfering with underground water under section 334ZY is taken to be authorised.\nSee the Water Act , section 808 .\ns 334ZZ ins 2014 No. 64 s 11","sortOrder":805},{"sectionNumber":"sec.334ZZA","sectionType":"section","heading":"Water Act not otherwise affected","content":"### sec.334ZZA Water Act not otherwise affected\n\nTo remove any doubt, it is declared that the holder of a water monitoring authority can not take or interfere with water as defined under the Water Act unless the taking or interference is authorised under this division or the Water Act .\nSee the Water Act , chapter 2 , part 3 and section 808 .\ns 334ZZA ins 2014 No. 64 s 11","sortOrder":806},{"sectionNumber":"sec.334ZZB","sectionType":"section","heading":"Restriction on carrying out authorised activities","content":"### sec.334ZZB Restriction on carrying out authorised activities\n\nIn carrying out an activity authorised for the water monitoring authority under this division, the holder of the authority must not interfere with the carrying out of an authorised activity for a mining tenement or petroleum authority, or for another water monitoring authority, the area of which includes the area of the authority.\nMaximum penalty—1,000 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 412B , to have also committed the offence.\ns 334ZZB ins 2014 No. 64 s 11","sortOrder":807},{"sectionNumber":"sec.334ZZC","sectionType":"section","heading":"No right to mineral discovered","content":"### sec.334ZZC No right to mineral discovered\n\nTo remove any doubt, it is declared that the discovery of a mineral while carrying out an activity authorised for the water monitoring authority under this division does not, of itself, give the holder of the authority a right to the mineral.\ns 334ZZC ins 2014 No. 64 s 11","sortOrder":808},{"sectionNumber":"ch.12A-pt.2-div.3","sectionType":"division","heading":"Miscellaneous provisions","content":"## Miscellaneous provisions","sortOrder":809},{"sectionNumber":"sec.334ZZD","sectionType":"section","heading":"Term of authority","content":"### sec.334ZZD Term of authority\n\nSubject to the prescribed provisions, a water monitoring authority continues in force until there is no longer any mineral development licence or mining lease to which the authority relates in force.\nIn this section—\nprescribed provisions means—\nfor a mineral development licence— section 209 ; or\nfor a mining lease— section 308 .\ns 334ZZD ins 2014 No. 64 s 11\n(sec.334ZZD-ssec.1) Subject to the prescribed provisions, a water monitoring authority continues in force until there is no longer any mineral development licence or mining lease to which the authority relates in force.\n(sec.334ZZD-ssec.2) In this section— prescribed provisions means— for a mineral development licence— section 209 ; or for a mining lease— section 308 .\n- (a) for a mineral development licence— section 209 ; or\n- (b) for a mining lease— section 308 .","sortOrder":810},{"sectionNumber":"sec.334ZZE","sectionType":"section","heading":"Provision for who is the holder of a water monitoring authority","content":"### sec.334ZZE Provision for who is the holder of a water monitoring authority\n\nIf there is only 1 mineral development licence or mining lease to which a water monitoring authority relates, the holder of the authority is taken to be the person who, from time to time, holds the licence or lease to which the authority relates.\nSubsections (3) and (4) apply if there is more than 1 mineral development licence or mining lease to which a water monitoring authority relates.\nIf, as a result of dealing with the mineral development licences or mining leases, all of the licences or leases are transferred to the same person, the transferee is taken to be the holder of the water monitoring authority.\nIf, as a result of dealing with the mineral development licences or mining leases, 1 or more but not all of the licences or leases are transferred to the same person, the person from whom the licences or leases were transferred continues to be the holder of the water monitoring authority.\nA water monitoring authority, or an interest in a water monitoring authority, can not be transferred except by operation of law under this section.\ns 334ZZE ins 2014 No. 64 s 11\n(sec.334ZZE-ssec.1) If there is only 1 mineral development licence or mining lease to which a water monitoring authority relates, the holder of the authority is taken to be the person who, from time to time, holds the licence or lease to which the authority relates.\n(sec.334ZZE-ssec.2) Subsections (3) and (4) apply if there is more than 1 mineral development licence or mining lease to which a water monitoring authority relates.\n(sec.334ZZE-ssec.3) If, as a result of dealing with the mineral development licences or mining leases, all of the licences or leases are transferred to the same person, the transferee is taken to be the holder of the water monitoring authority.\n(sec.334ZZE-ssec.4) If, as a result of dealing with the mineral development licences or mining leases, 1 or more but not all of the licences or leases are transferred to the same person, the person from whom the licences or leases were transferred continues to be the holder of the water monitoring authority.\n(sec.334ZZE-ssec.5) A water monitoring authority, or an interest in a water monitoring authority, can not be transferred except by operation of law under this section.","sortOrder":811},{"sectionNumber":"sec.334ZZF","sectionType":"section","heading":"Additional condition of relevant mineral development licence or mining lease","content":"### sec.334ZZF Additional condition of relevant mineral development licence or mining lease\n\nIf a condition is imposed on a water monitoring authority (the authority condition ), it is a condition of each mineral development licence or mining lease to which the authority relates that the holder of the licence or lease must comply with the authority condition.\ns 334ZZF ins 2014 No. 64 s 11","sortOrder":812},{"sectionNumber":"sec.334ZZG","sectionType":"section","heading":"Annual rent","content":"### sec.334ZZG Annual rent\n\nA water monitoring authority holder must pay the State the annual rent, as prescribed by regulation.\nThe annual rent must be paid in the way, and on or before the day, prescribed by regulation.\ns 334ZZG ins 2014 No. 64 s 11\n(sec.334ZZG-ssec.1) A water monitoring authority holder must pay the State the annual rent, as prescribed by regulation.\n(sec.334ZZG-ssec.2) The annual rent must be paid in the way, and on or before the day, prescribed by regulation.","sortOrder":813},{"sectionNumber":"sec.334ZZH","sectionType":"section","heading":"Power to use security","content":"### sec.334ZZH Power to use security\n\nThis section applies if the Minister is satisfied that—\na condition of a water monitoring authority or any provision of this Act relating to the water monitoring authority has not been complied with; or\ndamage has been caused by the holder of a water monitoring authority or a person acting under the authority of the holder.\nThe Minister may require the holder to take all action necessary to rectify the noncompliance or damage.\nIf the holder does not rectify the noncompliance or damage, the Minister may use the security deposited for the water monitoring authority to rectify the noncompliance or damage.\nIn this section—\ndamage means actual damage caused to pre-existing improvements on the area of the water monitoring authority.\ns 334ZZH ins 2014 No. 64 s 11\n(sec.334ZZH-ssec.1) This section applies if the Minister is satisfied that— a condition of a water monitoring authority or any provision of this Act relating to the water monitoring authority has not been complied with; or damage has been caused by the holder of a water monitoring authority or a person acting under the authority of the holder.\n(sec.334ZZH-ssec.2) The Minister may require the holder to take all action necessary to rectify the noncompliance or damage.\n(sec.334ZZH-ssec.3) If the holder does not rectify the noncompliance or damage, the Minister may use the security deposited for the water monitoring authority to rectify the noncompliance or damage.\n(sec.334ZZH-ssec.4) In this section— damage means actual damage caused to pre-existing improvements on the area of the water monitoring authority.\n- (a) a condition of a water monitoring authority or any provision of this Act relating to the water monitoring authority has not been complied with; or\n- (b) damage has been caused by the holder of a water monitoring authority or a person acting under the authority of the holder.","sortOrder":814},{"sectionNumber":"sec.334ZZI","sectionType":"section","heading":"Amending water monitoring authority by application","content":"### sec.334ZZI Amending water monitoring authority by application\n\nThe holder of a water monitoring authority may apply to the Minister to amend it—\nto increase or decrease its area; or\nto add or remove, or to reflect an amendment of, a mineral development licence or mining lease that relates to the authority.\nThe holder of a water monitoring authority can not apply to amend the authority in any other way.\nThe application must be—\nin the approved form; and\naccompanied by the fee prescribed by regulation.\nThe Minister may grant or refuse to grant the amendment.\nHowever, the Minister may, before deciding the application, seek advice about the application from the chief executive of the department in which the Water Act is administered.\nThe amendment may be granted (a conditional grant ) subject to the applicant’s written agreement to the Minister amending the water monitoring authority in a stated way that the Minister considers appropriate.\nOn refusal of the amendment or the making of a decision to make a conditional grant, the chief executive must give the applicant an information notice about the decision to refuse or to make the conditional grant.\ns 334ZZI ins 2014 No. 64 s 11\namd 2020 No. 14 s 218 sch 1\n(sec.334ZZI-ssec.1) The holder of a water monitoring authority may apply to the Minister to amend it— to increase or decrease its area; or to add or remove, or to reflect an amendment of, a mineral development licence or mining lease that relates to the authority.\n(sec.334ZZI-ssec.2) The holder of a water monitoring authority can not apply to amend the authority in any other way.\n(sec.334ZZI-ssec.3) The application must be— in the approved form; and accompanied by the fee prescribed by regulation.\n(sec.334ZZI-ssec.4) The Minister may grant or refuse to grant the amendment.\n(sec.334ZZI-ssec.5) However, the Minister may, before deciding the application, seek advice about the application from the chief executive of the department in which the Water Act is administered.\n(sec.334ZZI-ssec.6) The amendment may be granted (a conditional grant ) subject to the applicant’s written agreement to the Minister amending the water monitoring authority in a stated way that the Minister considers appropriate.\n(sec.334ZZI-ssec.7) On refusal of the amendment or the making of a decision to make a conditional grant, the chief executive must give the applicant an information notice about the decision to refuse or to make the conditional grant.\n- (a) to increase or decrease its area; or\n- (b) to add or remove, or to reflect an amendment of, a mineral development licence or mining lease that relates to the authority.\n- (a) in the approved form; and\n- (b) accompanied by the fee prescribed by regulation.","sortOrder":815},{"sectionNumber":"ch.12A-pt.3","sectionType":"part","heading":"Ownership of particular works","content":"# Ownership of particular works","sortOrder":816},{"sectionNumber":"sec.334ZZJ","sectionType":"section","heading":"Ownership of works constructed in connection with water monitoring bore","content":"### sec.334ZZJ Ownership of works constructed in connection with water monitoring bore\n\nThis section applies if the holder of a mineral development licence or mining lease constructs a water monitoring bore on land in the area of a prescribed holding to comply with the holder’s underground water obligations for a mineral development licence or mining lease.\nWhile the water monitoring bore remains on the land and the mineral development licence or mining lease remains in force, works constructed in connection with the water monitoring bore remain the property of the person who owned them immediately before they were constructed on the land.\nSubsection (2) applies despite—\nthe works having become part of the land; or\nthe sale or other disposal of the land.\nHowever, subsection (2) does not apply if the water monitoring bore is transferred under part 4 .\nThe works can not be—\nlevied or seized in execution; or\nsold in exercise of a power of sale or otherwise disposed of by a process under a law of a State taken against the holder or the owner of the land.\nThis section applies despite—\nan Act or law of the State; or\na contract, covenant or claim of right under a law of the State.\nIn this section—\nprescribed holding means a mineral development licence, mining lease, exploration permit or water monitoring authority.\ns 334ZZJ ins 2014 No. 64 s 11\namd 2018 No. 24 s 141\n(sec.334ZZJ-ssec.1) This section applies if the holder of a mineral development licence or mining lease constructs a water monitoring bore on land in the area of a prescribed holding to comply with the holder’s underground water obligations for a mineral development licence or mining lease.\n(sec.334ZZJ-ssec.2) While the water monitoring bore remains on the land and the mineral development licence or mining lease remains in force, works constructed in connection with the water monitoring bore remain the property of the person who owned them immediately before they were constructed on the land.\n(sec.334ZZJ-ssec.3) Subsection (2) applies despite— the works having become part of the land; or the sale or other disposal of the land.\n(sec.334ZZJ-ssec.4) However, subsection (2) does not apply if the water monitoring bore is transferred under part 4 .\n(sec.334ZZJ-ssec.5) The works can not be— levied or seized in execution; or sold in exercise of a power of sale or otherwise disposed of by a process under a law of a State taken against the holder or the owner of the land.\n(sec.334ZZJ-ssec.6) This section applies despite— an Act or law of the State; or a contract, covenant or claim of right under a law of the State.\n(sec.334ZZJ-ssec.7) In this section— prescribed holding means a mineral development licence, mining lease, exploration permit or water monitoring authority.\n- (a) the works having become part of the land; or\n- (b) the sale or other disposal of the land.\n- (a) levied or seized in execution; or\n- (b) sold in exercise of a power of sale or otherwise disposed of by a process under a law of a State taken against the holder or the owner of the land.\n- (a) an Act or law of the State; or\n- (b) a contract, covenant or claim of right under a law of the State.","sortOrder":817},{"sectionNumber":"sec.334ZZK","sectionType":"section","heading":"Interfering with water monitoring bore","content":"### sec.334ZZK Interfering with water monitoring bore\n\nA person must not interfere with a water monitoring bore unless the person is the owner of the bore or the owner of the bore consents.\nMaximum penalty—1,000 penalty units.\nIn this section—\nowner , of a water monitoring bore, means the person who, under section 334ZZJ , owns the works constructed in connection with the bore.\ns 334ZZK ins 2014 No. 64 s 11\n(sec.334ZZK-ssec.1) A person must not interfere with a water monitoring bore unless the person is the owner of the bore or the owner of the bore consents. Maximum penalty—1,000 penalty units.\n(sec.334ZZK-ssec.2) In this section— owner , of a water monitoring bore, means the person who, under section 334ZZJ , owns the works constructed in connection with the bore.","sortOrder":818},{"sectionNumber":"ch.12A-pt.4","sectionType":"part","heading":"Water monitoring bores","content":"# Water monitoring bores","sortOrder":819},{"sectionNumber":"ch.12A-pt.4-div.1","sectionType":"division","heading":"Transfer of water monitoring bores","content":"## Transfer of water monitoring bores","sortOrder":820},{"sectionNumber":"sec.334ZZL","sectionType":"section","heading":"Operation of division","content":"### sec.334ZZL Operation of division\n\nThis division permits, in particular circumstances, the transfer of the following in relation to a water monitoring bore—\nthe control of, and responsibility for, the bore;\nthe ownership of any works constructed in connection with the bore.\nFor the ownership of works mentioned in paragraph (b) generally, see section 334ZZJ .\nIn this division, a transfer of a water monitoring bore is a reference to a transfer in relation to the bore mentioned in subsection (1) .\ns 334ZZL ins 2018 No. 24 s 142\n(sec.334ZZL-ssec.1) This division permits, in particular circumstances, the transfer of the following in relation to a water monitoring bore— the control of, and responsibility for, the bore; the ownership of any works constructed in connection with the bore. For the ownership of works mentioned in paragraph (b) generally, see section 334ZZJ .\n(sec.334ZZL-ssec.2) In this division, a transfer of a water monitoring bore is a reference to a transfer in relation to the bore mentioned in subsection (1) .\n- (a) the control of, and responsibility for, the bore;\n- (b) the ownership of any works constructed in connection with the bore. Note— For the ownership of works mentioned in paragraph (b) generally, see section 334ZZJ .","sortOrder":821},{"sectionNumber":"sec.334ZZM","sectionType":"section","heading":"Transfer permitted only under division","content":"### sec.334ZZM Transfer permitted only under division\n\nA purported transfer of a water monitoring bore is of no effect unless—\nthe transfer is permitted under this division; and\nthe requirements for making the transfer have been complied with.\ns 334ZZM ins 2018 No. 24 s 142\n- (a) the transfer is permitted under this division; and\n- (b) the requirements for making the transfer have been complied with.","sortOrder":822},{"sectionNumber":"sec.334ZZN","sectionType":"section","heading":"Effect of transfer","content":"### sec.334ZZN Effect of transfer\n\nIf a water monitoring bore is transferred, any obligation the transferor had under this Act or another law in relation to the bore ends.\nHowever, if the transferor is someone other than the State, subsection (1) does not apply in relation to the Environmental Protection Act .\nFor transfers by the State, see section 334ZZU .\ns 334ZZN ins 2018 No. 24 s 142\n(sec.334ZZN-ssec.1) If a water monitoring bore is transferred, any obligation the transferor had under this Act or another law in relation to the bore ends.\n(sec.334ZZN-ssec.2) However, if the transferor is someone other than the State, subsection (1) does not apply in relation to the Environmental Protection Act . For transfers by the State, see section 334ZZU .","sortOrder":823},{"sectionNumber":"sec.334ZZO","sectionType":"section","heading":"Transfer of water monitoring bore to landowner","content":"### sec.334ZZO Transfer of water monitoring bore to landowner\n\nAn owner of a water monitoring bore may transfer the bore to a landowner if—\na notice in the approved form is given to the chief executive; and\nthe transfer fee prescribed by regulation is paid.\nSee also the Water Act 2000 , section 808 .\nThe approved form must require—\na statement by the owner that, if the bore was constructed under section 334ZQ (1) (c) , section 334ZQ (3) has been complied with for the bore; and\nthe signed consent of the landowner to the transfer.\nIn this section—\nlandowner means the owner of the land on which the water monitoring bore is located.\ns 334ZZO ins 2018 No. 24 s 142\n(sec.334ZZO-ssec.1) An owner of a water monitoring bore may transfer the bore to a landowner if— a notice in the approved form is given to the chief executive; and the transfer fee prescribed by regulation is paid. See also the Water Act 2000 , section 808 .\n(sec.334ZZO-ssec.2) The approved form must require— a statement by the owner that, if the bore was constructed under section 334ZQ (1) (c) , section 334ZQ (3) has been complied with for the bore; and the signed consent of the landowner to the transfer.\n(sec.334ZZO-ssec.3) In this section— landowner means the owner of the land on which the water monitoring bore is located.\n- (a) a notice in the approved form is given to the chief executive; and\n- (b) the transfer fee prescribed by regulation is paid.\n- (a) a statement by the owner that, if the bore was constructed under section 334ZQ (1) (c) , section 334ZQ (3) has been complied with for the bore; and\n- (b) the signed consent of the landowner to the transfer.","sortOrder":824},{"sectionNumber":"sec.334ZZP","sectionType":"section","heading":"Transfer of water monitoring bore to the State","content":"### sec.334ZZP Transfer of water monitoring bore to the State\n\nAn owner of a water monitoring bore may transfer the bore to the State if—\nthe owner gives the chief executive a notice, in the approved form, offering to transfer the bore to the State; and\nthe chief executive receives the notice no later than 60 business days before the owner must, as required under section 334ZZS , decommission the bore; and\nthe chief executive, within 20 business days after receiving the notice, gives the owner notice that the State consents to the transfer.\nThe approved form must require a statement by the owner that, if the bore was constructed under section 334ZQ (1) (c) , section 334ZQ (3) has been complied with for the bore.\nIf the chief executive gives the owner a notice under subsection (1) (c) , the notice must state the day the transfer takes effect.\nIf the chief executive does not give the owner a notice under subsection (1) (c) , the owner must, as required under section 334ZZS , decommission the bore.\ns 334ZZP ins 2018 No. 24 s 142\n(sec.334ZZP-ssec.1) An owner of a water monitoring bore may transfer the bore to the State if— the owner gives the chief executive a notice, in the approved form, offering to transfer the bore to the State; and the chief executive receives the notice no later than 60 business days before the owner must, as required under section 334ZZS , decommission the bore; and the chief executive, within 20 business days after receiving the notice, gives the owner notice that the State consents to the transfer.\n(sec.334ZZP-ssec.2) The approved form must require a statement by the owner that, if the bore was constructed under section 334ZQ (1) (c) , section 334ZQ (3) has been complied with for the bore.\n(sec.334ZZP-ssec.3) If the chief executive gives the owner a notice under subsection (1) (c) , the notice must state the day the transfer takes effect.\n(sec.334ZZP-ssec.4) If the chief executive does not give the owner a notice under subsection (1) (c) , the owner must, as required under section 334ZZS , decommission the bore.\n- (a) the owner gives the chief executive a notice, in the approved form, offering to transfer the bore to the State; and\n- (b) the chief executive receives the notice no later than 60 business days before the owner must, as required under section 334ZZS , decommission the bore; and\n- (c) the chief executive, within 20 business days after receiving the notice, gives the owner notice that the State consents to the transfer.","sortOrder":825},{"sectionNumber":"sec.334ZZQ","sectionType":"section","heading":"Transfer of water monitoring bore to holder of mineral development licence, mining lease or water monitoring authority","content":"### sec.334ZZQ Transfer of water monitoring bore to holder of mineral development licence, mining lease or water monitoring authority\n\nAn owner of a water monitoring bore may transfer the bore to a holder of a mineral development licence, mining lease or water monitoring authority if—\nthe bore is in the area of the licence, lease or authority; and\nthe owner gives the chief executive a notice in the approved form about the transfer; and\nthe transfer fee prescribed by regulation is paid.\nThe approved form must require a statement by the owner that, if the bore was constructed under section 334ZQ (1) (c) , section 334ZQ (3) has been complied with for the bore.\ns 334ZZQ ins 2018 No. 24 s 142\n(sec.334ZZQ-ssec.1) An owner of a water monitoring bore may transfer the bore to a holder of a mineral development licence, mining lease or water monitoring authority if— the bore is in the area of the licence, lease or authority; and the owner gives the chief executive a notice in the approved form about the transfer; and the transfer fee prescribed by regulation is paid.\n(sec.334ZZQ-ssec.2) The approved form must require a statement by the owner that, if the bore was constructed under section 334ZQ (1) (c) , section 334ZQ (3) has been complied with for the bore.\n- (a) the bore is in the area of the licence, lease or authority; and\n- (b) the owner gives the chief executive a notice in the approved form about the transfer; and\n- (c) the transfer fee prescribed by regulation is paid.","sortOrder":826},{"sectionNumber":"sec.334ZZR","sectionType":"section","heading":"Notice of transfer to Water Act regulator","content":"### sec.334ZZR Notice of transfer to Water Act regulator\n\nIf a transfer is made under section 334ZZO or 334ZZQ , the chief executive must give the Water Act regulator notice of the transfer.\nA failure to comply with subsection (1) does not invalidate or otherwise affect the transfer.\nIn this section—\nWater Act regulator means the chief executive of the department in which the Water Act is administered.\ns 334ZZR ins 2018 No. 24 s 142\n(sec.334ZZR-ssec.1) If a transfer is made under section 334ZZO or 334ZZQ , the chief executive must give the Water Act regulator notice of the transfer.\n(sec.334ZZR-ssec.2) A failure to comply with subsection (1) does not invalidate or otherwise affect the transfer.\n(sec.334ZZR-ssec.3) In this section— Water Act regulator means the chief executive of the department in which the Water Act is administered.","sortOrder":827},{"sectionNumber":"ch.12A-pt.4-div.2","sectionType":"division","heading":"Decommissioning of water monitoring bores","content":"## Decommissioning of water monitoring bores","sortOrder":828},{"sectionNumber":"sec.334ZZS","sectionType":"section","heading":"Obligation to decommission","content":"### sec.334ZZS Obligation to decommission\n\nThis section applies to a person (the owner ) who holds a mineral development licence, mining lease or water monitoring authority under which a water monitoring bore was constructed, unless the water monitoring bore has, under division 1 , been transferred.\nThe owner must decommission the bore from use under this Act before—\nthe mineral development licence, mining lease or water monitoring authority ends; or\nthe land on which the bore is located is no longer in the area of the licence, lease or authority.\nMaximum penalty—500 penalty units.\nFor subsection (1) , the bore is decommissioned from use under this Act only if—\nit has been plugged and abandoned in the way prescribed by regulation; and\nthe decommissioning complies with the Water Act , sections 816 and 817 ; and\nthe owner gives the chief executive a notice, in the approved form, of the decommissioning of the bore.\nSubsection (3) (b) applies only to the extent it is not inconsistent with subsection (3) (a) .\ns 334ZZS ins 2018 No. 24 s 142\n(sec.334ZZS-ssec.1) This section applies to a person (the owner ) who holds a mineral development licence, mining lease or water monitoring authority under which a water monitoring bore was constructed, unless the water monitoring bore has, under division 1 , been transferred.\n(sec.334ZZS-ssec.2) The owner must decommission the bore from use under this Act before— the mineral development licence, mining lease or water monitoring authority ends; or the land on which the bore is located is no longer in the area of the licence, lease or authority. Maximum penalty—500 penalty units.\n(sec.334ZZS-ssec.3) For subsection (1) , the bore is decommissioned from use under this Act only if— it has been plugged and abandoned in the way prescribed by regulation; and the decommissioning complies with the Water Act , sections 816 and 817 ; and the owner gives the chief executive a notice, in the approved form, of the decommissioning of the bore.\n(sec.334ZZS-ssec.4) Subsection (3) (b) applies only to the extent it is not inconsistent with subsection (3) (a) .\n- (a) the mineral development licence, mining lease or water monitoring authority ends; or\n- (b) the land on which the bore is located is no longer in the area of the licence, lease or authority.\n- (a) it has been plugged and abandoned in the way prescribed by regulation; and\n- (b) the decommissioning complies with the Water Act , sections 816 and 817 ; and\n- (c) the owner gives the chief executive a notice, in the approved form, of the decommissioning of the bore.","sortOrder":829},{"sectionNumber":"sec.334ZZT","sectionType":"section","heading":"Right of entry to facilitate decommissioning","content":"### sec.334ZZT Right of entry to facilitate decommissioning\n\nThis section applies if—\nan owner of a water monitoring bore has not decommissioned the bore as required under section 334ZZS ; and\nthe mineral development licence, mining lease or water monitoring authority under which the bore was constructed has ended or the land on which the bore is located is no longer in the area of the licence, lease or authority.\nThe owner may enter the following land to carry out the decommissioning—\nland (the primary land ) on which the decommissioning must be, or was required to be, carried out;\nany other land (the access land ) it is reasonably necessary to cross for access to the primary land.\nThe Common Provisions Act , chapter 3 , parts 2 , 3 and 6 and part 7 , divisions 1 , 2 and 5 applies to the owner in the following way—\nif the mineral development licence or water monitoring authority under which the bore was constructed has ended, as if—\nit were still in force; and\nthe owner is its holder;\nif the mining lease under which the bore was constructed has ended, as if—\nit were still in force; and\nthe owner is its holder; and\nthe Common Provisions Act , sections 37 , 56 (2) and 80 did not exclude the application of chapter 2 , parts 2 , 3 and 7 to a mining lease;\nas if the primary land and access land are in the area of the mineral development licence, mining lease or water monitoring authority under which the bore was constructed;\nas if the decommissioning is an authorised activity for the mineral development licence, mining lease or water monitoring authority under which the bore was constructed.\ns 334ZZT ins 2018 No. 24 s 142\namd 2024 No. 33 s 183 s ch 1 pt 1\n(sec.334ZZT-ssec.1) This section applies if— an owner of a water monitoring bore has not decommissioned the bore as required under section 334ZZS ; and the mineral development licence, mining lease or water monitoring authority under which the bore was constructed has ended or the land on which the bore is located is no longer in the area of the licence, lease or authority.\n(sec.334ZZT-ssec.2) The owner may enter the following land to carry out the decommissioning— land (the primary land ) on which the decommissioning must be, or was required to be, carried out; any other land (the access land ) it is reasonably necessary to cross for access to the primary land.\n(sec.334ZZT-ssec.3) The Common Provisions Act , chapter 3 , parts 2 , 3 and 6 and part 7 , divisions 1 , 2 and 5 applies to the owner in the following way— if the mineral development licence or water monitoring authority under which the bore was constructed has ended, as if— it were still in force; and the owner is its holder; if the mining lease under which the bore was constructed has ended, as if— it were still in force; and the owner is its holder; and the Common Provisions Act , sections 37 , 56 (2) and 80 did not exclude the application of chapter 2 , parts 2 , 3 and 7 to a mining lease; as if the primary land and access land are in the area of the mineral development licence, mining lease or water monitoring authority under which the bore was constructed; as if the decommissioning is an authorised activity for the mineral development licence, mining lease or water monitoring authority under which the bore was constructed.\n- (a) an owner of a water monitoring bore has not decommissioned the bore as required under section 334ZZS ; and\n- (b) the mineral development licence, mining lease or water monitoring authority under which the bore was constructed has ended or the land on which the bore is located is no longer in the area of the licence, lease or authority.\n- (a) land (the primary land ) on which the decommissioning must be, or was required to be, carried out;\n- (b) any other land (the access land ) it is reasonably necessary to cross for access to the primary land.\n- (a) if the mineral development licence or water monitoring authority under which the bore was constructed has ended, as if— (i) it were still in force; and (ii) the owner is its holder;\n- (i) it were still in force; and\n- (ii) the owner is its holder;\n- (b) if the mining lease under which the bore was constructed has ended, as if— (i) it were still in force; and (ii) the owner is its holder; and (iii) the Common Provisions Act , sections 37 , 56 (2) and 80 did not exclude the application of chapter 2 , parts 2 , 3 and 7 to a mining lease;\n- (i) it were still in force; and\n- (ii) the owner is its holder; and\n- (iii) the Common Provisions Act , sections 37 , 56 (2) and 80 did not exclude the application of chapter 2 , parts 2 , 3 and 7 to a mining lease;\n- (c) as if the primary land and access land are in the area of the mineral development licence, mining lease or water monitoring authority under which the bore was constructed;\n- (d) as if the decommissioning is an authorised activity for the mineral development licence, mining lease or water monitoring authority under which the bore was constructed.\n- (i) it were still in force; and\n- (ii) the owner is its holder;\n- (i) it were still in force; and\n- (ii) the owner is its holder; and\n- (iii) the Common Provisions Act , sections 37 , 56 (2) and 80 did not exclude the application of chapter 2 , parts 2 , 3 and 7 to a mining lease;","sortOrder":830},{"sectionNumber":"sec.334ZZU","sectionType":"section","heading":"Responsibility for bore after decommissioning","content":"### sec.334ZZU Responsibility for bore after decommissioning\n\nThis section applies if an owner of a water monitoring bore has, under section 334ZZS , decommissioned the bore.\nDespite the decommissioning, the owner continues to be responsible under this Act for the bore until the earlier of the following times (the relevant time )—\nthe end of the mineral development licence, mining lease or water monitoring authority under which the bore was constructed;\nwhen the land on which the bore is located is no longer in the area of the mineral development licence, mining lease or water monitoring authority under which the bore was constructed.\nAt the relevant time the bore is taken to have been transferred to the State.\nSubsection (3) applies despite—\nthe bore being on or part of land owned by someone else; or\nthe sale or other disposal of the land.\nAfter the relevant time, the State may transfer the bore.\nHowever—\nthe transfer from the State can only be to—\nthe owner of the land on which the bore is located; or\na holder of a mineral development licence, mining lease or water monitoring authority, the area of which includes that land; and\nthe transfer from the State and the use of the bore by the transferee is subject to this Act and any other relevant Act or law.\ns 334ZZU ins 2018 No. 24 s 142\n(sec.334ZZU-ssec.1) This section applies if an owner of a water monitoring bore has, under section 334ZZS , decommissioned the bore.\n(sec.334ZZU-ssec.2) Despite the decommissioning, the owner continues to be responsible under this Act for the bore until the earlier of the following times (the relevant time )— the end of the mineral development licence, mining lease or water monitoring authority under which the bore was constructed; when the land on which the bore is located is no longer in the area of the mineral development licence, mining lease or water monitoring authority under which the bore was constructed.\n(sec.334ZZU-ssec.3) At the relevant time the bore is taken to have been transferred to the State.\n(sec.334ZZU-ssec.4) Subsection (3) applies despite— the bore being on or part of land owned by someone else; or the sale or other disposal of the land.\n(sec.334ZZU-ssec.5) After the relevant time, the State may transfer the bore.\n(sec.334ZZU-ssec.6) However— the transfer from the State can only be to— the owner of the land on which the bore is located; or a holder of a mineral development licence, mining lease or water monitoring authority, the area of which includes that land; and the transfer from the State and the use of the bore by the transferee is subject to this Act and any other relevant Act or law.\n- (a) the end of the mineral development licence, mining lease or water monitoring authority under which the bore was constructed;\n- (b) when the land on which the bore is located is no longer in the area of the mineral development licence, mining lease or water monitoring authority under which the bore was constructed.\n- (a) the bore being on or part of land owned by someone else; or\n- (b) the sale or other disposal of the land.\n- (a) the transfer from the State can only be to— (i) the owner of the land on which the bore is located; or (ii) a holder of a mineral development licence, mining lease or water monitoring authority, the area of which includes that land; and\n- (i) the owner of the land on which the bore is located; or\n- (ii) a holder of a mineral development licence, mining lease or water monitoring authority, the area of which includes that land; and\n- (b) the transfer from the State and the use of the bore by the transferee is subject to this Act and any other relevant Act or law.\n- (i) the owner of the land on which the bore is located; or\n- (ii) a holder of a mineral development licence, mining lease or water monitoring authority, the area of which includes that land; and","sortOrder":831},{"sectionNumber":"ch.13-pt.1","sectionType":"part","heading":"Directions to remedy contravention","content":"# Directions to remedy contravention","sortOrder":832},{"sectionNumber":"sec.335A","sectionType":"section","heading":"Power to give compliance direction","content":"### sec.335A Power to give compliance direction\n\nThis section applies if an authorised officer reasonably believes a person—\nhas contravened, or is contravening, this Act or a mandatory provision of the land access code; or\nis involved in an activity that is likely to result in a contravention of this Act or a mandatory provision of the land access code.\nThe authorised officer may give the person a written direction (a compliance direction ) to take steps reasonably necessary to remedy the contravention or avoid the likely contravention.\nThe direction may also state—\nthe steps the authorised officer reasonably believes are necessary to remedy the contravention or avoid the likely contravention; or\nthat the person must notify the authorised officer when the person has complied with the compliance direction; or\nthat an authorised officer proposes, at a stated time or at stated intervals, to enter premises of which the person is the owner or occupier to check compliance with the direction.\ns 335A ins 2010 No. 31 s 461\namd 2013 No. 10 s 193 sch 1\n(sec.335A-ssec.1) This section applies if an authorised officer reasonably believes a person— has contravened, or is contravening, this Act or a mandatory provision of the land access code; or is involved in an activity that is likely to result in a contravention of this Act or a mandatory provision of the land access code.\n(sec.335A-ssec.2) The authorised officer may give the person a written direction (a compliance direction ) to take steps reasonably necessary to remedy the contravention or avoid the likely contravention.\n(sec.335A-ssec.3) The direction may also state— the steps the authorised officer reasonably believes are necessary to remedy the contravention or avoid the likely contravention; or that the person must notify the authorised officer when the person has complied with the compliance direction; or that an authorised officer proposes, at a stated time or at stated intervals, to enter premises of which the person is the owner or occupier to check compliance with the direction.\n- (a) has contravened, or is contravening, this Act or a mandatory provision of the land access code; or\n- (b) is involved in an activity that is likely to result in a contravention of this Act or a mandatory provision of the land access code.\n- (a) the steps the authorised officer reasonably believes are necessary to remedy the contravention or avoid the likely contravention; or\n- (b) that the person must notify the authorised officer when the person has complied with the compliance direction; or\n- (c) that an authorised officer proposes, at a stated time or at stated intervals, to enter premises of which the person is the owner or occupier to check compliance with the direction.","sortOrder":833},{"sectionNumber":"sec.335B","sectionType":"section","heading":"Requirements for giving compliance direction","content":"### sec.335B Requirements for giving compliance direction\n\nA compliance direction must state the following—\nthat the authorised officer giving it believes the person given the direction—\nhas contravened, or is contravening, this Act or a mandatory provision of the land access code; or\nis involved in an activity that is likely to result in a contravention of this Act or a mandatory provision of the land access code;\nthe provision the authorised officer believes is being, has been, or is likely to be, contravened;\nthe reasons for the belief;\nthat the person must take steps reasonably necessary to remedy the contravention, or avoid the likely contravention, within a stated reasonable period.\nThe direction must include, or be accompanied by, a review and appeal notice about the decisions to give the direction and to fix the period.\nThe direction may be given orally if—\nfor any reason it is not practicable to give the direction in writing; and\nthe authorised officer giving it warns the person it is an offence not to comply with the direction.\nIf the direction is given orally, the authorised officer must confirm the direction by also giving it in writing as soon as practicable after giving it orally.\nIn this section—\nreview and appeal notice , for a decision, means a written notice stating the following—\nthe rights of internal review and appeal under the applied provisions under section 335D ;\nthe period in which any internal review must be started;\nhow rights are to be exercised;\nthat a stay of a decision the subject of an appeal under the applied provisions may be applied for.\ns 335B ins 2010 No. 31 s 461\namd 2013 No. 10 s 193 sch 1\n(sec.335B-ssec.1) A compliance direction must state the following— that the authorised officer giving it believes the person given the direction— has contravened, or is contravening, this Act or a mandatory provision of the land access code; or is involved in an activity that is likely to result in a contravention of this Act or a mandatory provision of the land access code; the provision the authorised officer believes is being, has been, or is likely to be, contravened; the reasons for the belief; that the person must take steps reasonably necessary to remedy the contravention, or avoid the likely contravention, within a stated reasonable period.\n(sec.335B-ssec.2) The direction must include, or be accompanied by, a review and appeal notice about the decisions to give the direction and to fix the period.\n(sec.335B-ssec.3) The direction may be given orally if— for any reason it is not practicable to give the direction in writing; and the authorised officer giving it warns the person it is an offence not to comply with the direction.\n(sec.335B-ssec.4) If the direction is given orally, the authorised officer must confirm the direction by also giving it in writing as soon as practicable after giving it orally.\n(sec.335B-ssec.5) In this section— review and appeal notice , for a decision, means a written notice stating the following— the rights of internal review and appeal under the applied provisions under section 335D ; the period in which any internal review must be started; how rights are to be exercised; that a stay of a decision the subject of an appeal under the applied provisions may be applied for.\n- (a) that the authorised officer giving it believes the person given the direction— (i) has contravened, or is contravening, this Act or a mandatory provision of the land access code; or (ii) is involved in an activity that is likely to result in a contravention of this Act or a mandatory provision of the land access code;\n- (i) has contravened, or is contravening, this Act or a mandatory provision of the land access code; or\n- (ii) is involved in an activity that is likely to result in a contravention of this Act or a mandatory provision of the land access code;\n- (b) the provision the authorised officer believes is being, has been, or is likely to be, contravened;\n- (c) the reasons for the belief;\n- (d) that the person must take steps reasonably necessary to remedy the contravention, or avoid the likely contravention, within a stated reasonable period.\n- (i) has contravened, or is contravening, this Act or a mandatory provision of the land access code; or\n- (ii) is involved in an activity that is likely to result in a contravention of this Act or a mandatory provision of the land access code;\n- (a) for any reason it is not practicable to give the direction in writing; and\n- (b) the authorised officer giving it warns the person it is an offence not to comply with the direction.\n- (a) the rights of internal review and appeal under the applied provisions under section 335D ;\n- (b) the period in which any internal review must be started;\n- (c) how rights are to be exercised;\n- (d) that a stay of a decision the subject of an appeal under the applied provisions may be applied for.","sortOrder":834},{"sectionNumber":"sec.335C","sectionType":"section","heading":"Failure to comply with compliance direction","content":"### sec.335C Failure to comply with compliance direction\n\nA person to whom a compliance direction has been given must comply with the direction unless the person has a reasonable excuse.\nMaximum penalty—500 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 412B , to have also committed the offence.\nIf the direction states steps the person may take to remedy the contravention, or avoid the likely contravention, the subject of the direction, the person is taken to have complied with the direction if all the steps have been taken.\nSubsection (2) does not prevent the person from complying with the direction in another way.\ns 335C ins 2010 No. 31 s 461\namd 2013 No. 51 s 229 sch 1\n(sec.335C-ssec.1) A person to whom a compliance direction has been given must comply with the direction unless the person has a reasonable excuse. Maximum penalty—500 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 412B , to have also committed the offence.\n(sec.335C-ssec.2) If the direction states steps the person may take to remedy the contravention, or avoid the likely contravention, the subject of the direction, the person is taken to have complied with the direction if all the steps have been taken.\n(sec.335C-ssec.3) Subsection (2) does not prevent the person from complying with the direction in another way.","sortOrder":835},{"sectionNumber":"sec.335D","sectionType":"section","heading":"Right of internal review and appeal against compliance direction","content":"### sec.335D Right of internal review and appeal against compliance direction\n\nThis section applies if a person is given a compliance direction.\nThe Petroleum and Gas (Production and Safety) Act , chapter 12 , other than section 817 (2) , (the applied provisions ) applies, with necessary changes, as if—\nthe decision were mentioned in schedule 1 , table 1 of that Act; and\na reference in that chapter to an information notice were a reference to a review and appeal notice under section 335B .\nAn internal review application under the applied provisions may be made only to—\nif the compliance direction was given by an authorised officer—the chief executive; or\nif the compliance direction was given by the chief executive—the Minister.\ns 335D ins 2010 No. 31 s 461\namd 2013 No. 10 s 120\n(sec.335D-ssec.1) This section applies if a person is given a compliance direction.\n(sec.335D-ssec.2) The Petroleum and Gas (Production and Safety) Act , chapter 12 , other than section 817 (2) , (the applied provisions ) applies, with necessary changes, as if— the decision were mentioned in schedule 1 , table 1 of that Act; and a reference in that chapter to an information notice were a reference to a review and appeal notice under section 335B .\n(sec.335D-ssec.3) An internal review application under the applied provisions may be made only to— if the compliance direction was given by an authorised officer—the chief executive; or if the compliance direction was given by the chief executive—the Minister.\n- (a) the decision were mentioned in schedule 1 , table 1 of that Act; and\n- (b) a reference in that chapter to an information notice were a reference to a review and appeal notice under section 335B .\n- (a) if the compliance direction was given by an authorised officer—the chief executive; or\n- (b) if the compliance direction was given by the chief executive—the Minister.","sortOrder":836},{"sectionNumber":"sec.335E","sectionType":"section","heading":"Other authorised officer’s powers not affected","content":"### sec.335E Other authorised officer’s powers not affected\n\nThis part does not limit or otherwise affect an authorised officer’s powers under another provision of this Act.\ns 335E ins 2010 No. 31 s 461\namd 2012 No. 20 s 323 sch 3 ; 2013 No. 10 s 193 sch 1","sortOrder":837},{"sectionNumber":"ch.13-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":838},{"sectionNumber":"ch.13-pt.2-div.1","sectionType":"division","heading":null,"content":"","sortOrder":839},{"sectionNumber":"sec.335F","sectionType":"section","heading":null,"content":"### Section sec.335F\n\ns 335F ins 2010 No. 31 s 461\namd 2012 No. 20 s 323 sch 3 ; 2013 No. 10 s 193 sch 1 ; 2018 No. 24 s 143\nom 2020 No. 14 s 145","sortOrder":840},{"sectionNumber":"ch.13-pt.2-div.2","sectionType":"division","heading":null,"content":"","sortOrder":841},{"sectionNumber":"sec.335G","sectionType":"section","heading":null,"content":"### Section sec.335G\n\ns 335G ins 2010 No. 31 s 461\namd 2012 No. 20 s 323 sch 3 ; 2013 No. 10 s 193 sch 1 ; 2018 No. 24 s 144\nom 2020 No. 14 s 145","sortOrder":842},{"sectionNumber":"sec.335H","sectionType":"section","heading":null,"content":"### Section sec.335H\n\ns 335H ins 2010 No. 31 s 461\namd 2013 No. 10 s 193 sch 1\nom 2020 No. 14 s 145","sortOrder":843},{"sectionNumber":"sec.335I","sectionType":"section","heading":null,"content":"### Section sec.335I\n\ns 335I ins 2010 No. 31 s 461\namd 2013 No. 10 s 193 sch 1 ; 2014 No. 47 s 379 ; 2018 No. 24 s 145\nom 2020 No. 14 s 145","sortOrder":844},{"sectionNumber":"ch.13-pt.2-div.3","sectionType":"division","heading":null,"content":"","sortOrder":845},{"sectionNumber":"sec.335J","sectionType":"section","heading":null,"content":"### Section sec.335J\n\ns 335J ins 2010 No. 31 s 461\namd 2013 No. 10 s 193 sch 1 ; 2014 No. 47 s 380 ; 2018 No. 24 s 146\nom 2020 No. 14 s 145","sortOrder":846},{"sectionNumber":"sec.335K","sectionType":"section","heading":null,"content":"### Section sec.335K\n\ns 335K ins 2010 No. 31 s 461\nom 2020 No. 14 s 145","sortOrder":847},{"sectionNumber":"sec.335L","sectionType":"section","heading":null,"content":"### Section sec.335L\n\ns 335L ins 2010 No. 31 s 461\namd 2018 No. 24 s 147\nom 2020 No. 14 s 145","sortOrder":848},{"sectionNumber":"ch.13-pt.3","sectionType":"part","heading":"Authorised Officers and other appointments","content":"# Authorised Officers and other appointments","sortOrder":849},{"sectionNumber":"sec.336","sectionType":"section","heading":"Appointment—authorised officers","content":"### sec.336 Appointment—authorised officers\n\nThe chief executive may, by instrument in writing, appoint a public service officer as an authorised officer to carry out functions under this Act.\nThe chief executive may from time to time appoint a bailiff or bailiffs to carry out the service and execution of all process, judgments and orders authorised under this Act or any other Act relating to mining and such other duties as may be prescribed.\nHowever, the chief executive may appoint a person under this section to perform a function only if the chief executive considers the person is appropriately qualified to perform the function.\nIn this section—\nfunctions includes powers.\ns 336 amd 1996 No. 37 s 147 sch 2 ; 2005 No. 8 s 2 sch ; 2009 No. 25 s 83 sch ; 2010 No. 31 s 462 ; 2012 No. 20 s 281 sch 2 , s 323 sch 3 ; 2013 No. 10 s 122 ; 2014 No. 47 s 487\n(sec.336-ssec.1) The chief executive may, by instrument in writing, appoint a public service officer as an authorised officer to carry out functions under this Act.\n(sec.336-ssec.2) The chief executive may from time to time appoint a bailiff or bailiffs to carry out the service and execution of all process, judgments and orders authorised under this Act or any other Act relating to mining and such other duties as may be prescribed.\n(sec.336-ssec.3) However, the chief executive may appoint a person under this section to perform a function only if the chief executive considers the person is appropriately qualified to perform the function.\n(sec.336-ssec.4) In this section— functions includes powers.","sortOrder":850},{"sectionNumber":"sec.336A","sectionType":"section","heading":"Appointment—authorised persons","content":"### sec.336A Appointment—authorised persons\n\nThe chief executive may, by instrument in writing, appoint an appropriately qualified person as an authorised person to carry out a function mentioned in section 342 (1) (a) (i) .\nAn authorised person has the powers of an authorised officer mentioned in 342(1)(a)(i), (f) and (g).\nSections 337 , 338 and 339 apply to an authorised person as if a reference to an authorised officer in those sections included a reference to an authorised person.\ns 336A ins 2014 No. 47 s 488\n(sec.336A-ssec.1) The chief executive may, by instrument in writing, appoint an appropriately qualified person as an authorised person to carry out a function mentioned in section 342 (1) (a) (i) .\n(sec.336A-ssec.2) An authorised person has the powers of an authorised officer mentioned in 342(1)(a)(i), (f) and (g).\n(sec.336A-ssec.3) Sections 337 , 338 and 339 apply to an authorised person as if a reference to an authorised officer in those sections included a reference to an authorised person.","sortOrder":851},{"sectionNumber":"sec.337","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.337 Appointment conditions and limit on powers\n\nAn authorised officer holds office on any conditions stated in—\nthe authorised officer’s instrument of appointment; or\na signed notice given to the authorised officer; or\na regulation.\nThe instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the authorised officer’s powers.\nIn this section—\nsigned notice means a notice signed by the chief executive.\ns 337 sub 1995 No. 21 s 93 ; 2013 No. 10 s 123\n(sec.337-ssec.1) An authorised officer holds office on any conditions stated in— the authorised officer’s instrument of appointment; or a signed notice given to the authorised officer; or a regulation.\n(sec.337-ssec.2) The instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the authorised officer’s powers.\n(sec.337-ssec.3) In this section— signed notice means a notice signed by the chief executive.\n- (a) the authorised officer’s instrument of appointment; or\n- (b) a signed notice given to the authorised officer; or\n- (c) a regulation.","sortOrder":852},{"sectionNumber":"sec.338","sectionType":"section","heading":"When office ends","content":"### sec.338 When office ends\n\nThe office of a person as an authorised officer ends if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the office ends;\nthe authorised officer’s resignation under section 339 takes effect.\nSubsection (1) does not limit the ways the office of a person as an authorised officer ends.\nIn this section—\ncondition of office means a condition under which the authorised officer holds office.\ns 338 amd 2000 No. 64 s 174 sch ; 2005 No. 8 s 2 sch\nsub 2013 No. 10 s 123\n(sec.338-ssec.1) The office of a person as an authorised officer ends if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the office ends; the authorised officer’s resignation under section 339 takes effect.\n(sec.338-ssec.2) Subsection (1) does not limit the ways the office of a person as an authorised officer ends.\n(sec.338-ssec.3) In this section— condition of office means a condition under which the authorised officer holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the office ends;\n- (c) the authorised officer’s resignation under section 339 takes effect.","sortOrder":853},{"sectionNumber":"sec.339","sectionType":"section","heading":"Resignation","content":"### sec.339 Resignation\n\nAn authorised officer may resign by signed notice given to the chief executive.\ns 339 amd 1999 No. 7 s 87 sch 3 ; 2005 No. 8 s 2 sch\nsub 2013 No. 10 s 123","sortOrder":854},{"sectionNumber":"sec.340","sectionType":"section","heading":"Issue of identity card","content":"### sec.340 Issue of identity card\n\nThe chief executive must issue an identity card to each authorised officer.\nThe identity card must—\ncontain a recent photo of the authorised officer; and\ncontain a copy of the authorised officer’s signature; and\nidentify the person as an authorised officer under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\ns 340 sub 2013 No. 10 s 123\n(sec.340-ssec.1) The chief executive must issue an identity card to each authorised officer.\n(sec.340-ssec.2) The identity card must— contain a recent photo of the authorised officer; and contain a copy of the authorised officer’s signature; and identify the person as an authorised officer under this Act; and state an expiry date for the card.\n(sec.340-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the authorised officer; and\n- (b) contain a copy of the authorised officer’s signature; and\n- (c) identify the person as an authorised officer under this Act; and\n- (d) state an expiry date for the card.","sortOrder":855},{"sectionNumber":"sec.341","sectionType":"section","heading":"Production or display of identity card","content":"### sec.341 Production or display of identity card\n\nIn exercising a power in relation to a person in the person’s presence, an authorised officer must—\nproduce the authorised officer’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\ns 341 sub 2013 No. 10 s 123\n(sec.341-ssec.1) In exercising a power in relation to a person in the person’s presence, an authorised officer must— produce the authorised officer’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.341-ssec.2) However, if it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n- (a) produce the authorised officer’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":856},{"sectionNumber":"sec.341A","sectionType":"section","heading":"Return of identity card","content":"### sec.341A Return of identity card\n\nIf the office of a person as an authorised officer ends, the person must return the person’s identity card to the chief executive within 21 days after the office ends unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\ns 341A ins 2013 No. 10 s 123","sortOrder":857},{"sectionNumber":"sec.342","sectionType":"section","heading":"Powers of authorised officers","content":"### sec.342 Powers of authorised officers\n\nAt all times, a person who is an authorised officer may—\nhave full and free access to and enter any land and whilst thereon may—\ndrill, dig, take cores, samples of soil, air, water or rock, make such inspections and carry out such investigations and do such other acts ordinarily connected with prospecting, exploring or mining as the person thinks fit;\nif the person is satisfied that a post, cairn or other thing, not being a survey mark or other thing required by any other Act not to be removed, purporting to mark or apparently marking out boundaries of land for the purposes of this Act do not relate to any existing mining claim, mining lease or application for the grant of a mining claim or mining lease duly made under this Act—remove or cause to be removed that post, cairn or other thing;\nmake such investigation and inquiry as is necessary to ascertain whether the provisions of this Act including the conditions applying to any mining tenement or other authority granted under this Act are being complied with;\nstop, detain and search any vehicle or vessel used or that the person believes on reasonable grounds is being or is likely to be used for prospecting, exploring or mining;\nsubject to subsection (11) —question a person found by the person in any place to ascertain whether this Act is being complied with and require a person so found to answer the questions put;\nrequire a person found by him or her committing an offence against this Act or who he or she believes on reasonable grounds has committed an offence against this Act or whose name and address are in the person’s opinion reasonably required to state his or her full name and the address of the person’s usual place of residence and, if the person suspects on reasonable grounds that a name or address so stated is false, may require evidence of the correctness thereof;\nrequire a person to produce any books, accounts, records or documents and inspect, make copies of, or take extracts from, the books, accounts, records or documents;\nin a case where the person is obstructed or has reasonable grounds to believe that he or she will be obstructed in the exercise of powers or authorities or the discharge of functions or duties—ask another person to help, whereupon it shall be the duty of a person so called to assist the person as required and in accordance with this Act and a person so assisting shall have the same powers and authorities as are conferred under this Act upon the person he or she is assisting;\ncall to his or her aid a person who the person thinks is competent to assist in the exercise of powers and authorities or the discharge of functions and duties and a person so assisting shall have the same powers and authorities as are conferred under this Act upon the person he or she is assisting;\nuse such force as is reasonably necessary in the exercise of the powers and authorities or the discharge of the functions and duties conferred or imposed upon the person by this Act;\nby order in writing—require a person who has failed to comply with this Act to take within such time as is specified such steps as are specified and to remedy those matters in respect of which noncompliance has occurred;\nexercise such other powers and authorities and discharge such other functions and duties as are prescribed.\nAn order pursuant to subsection (1) (i) shall not prejudice or affect in any way any proceeding or action that has been or may be taken for the failure to comply that resulted in the order, save that the person to whom the order is given is not liable for a continuance of the failure to comply during the time specified therein.\nBefore a person enters a part of any place which part is used exclusively as a dwelling house the person shall, save where the person has the permission of the occupier of that part to the entry, obtain from a justice a warrant to enter.\nA justice who is satisfied upon the complaint of an authorised officer that there is reasonable cause to suspect—\nthat in any place an offence against this Act has been, is being or is likely to be committed;\nthat there is in any place anything in respect of which an offence against this Act has been, is being or is likely to be committed;\nmay issue a justice’s warrant directed to the complainant to enter the place named in the warrant for the purpose of exercising therein the powers conferred on an authorised officer under this Act.\nA complaint made under subsection (4) shall be made on oath or affirmation and shall set out the grounds on which the suspicion of the person making the same is based.\nA justice who is the chief executive or other officer of the department of the Government for the time being administering this Act is not competent to issue a warrant to which subsections (3) , (4) and (8) apply.\nA justice who issues a warrant pursuant to subsection (4) shall forward a copy of the warrant to the chief executive.\nA warrant shall be, for the period of 1 month from the date of its issue, sufficient authority for the person named therein and all persons acting in aid of the person—\nto enter the place specified in the warrant; and\nto exercise therein the powers conferred upon the person named therein by or under this Act.\nFor this section premises that are used as a dwelling house do not include the curtilage of those premises.\nFor the purpose of gaining entry to a place an authorised officer may call to the officer’s aid such persons as the officer considers necessary and those persons, while acting in aid in the lawful exercise by the officer of the officer’s power of entry, shall have a like power of entry.\nExcept as provided in section 333E , a person is not obliged under this Act to answer any question or give any information or evidence tending to incriminate the person.\ns 342 amd 1995 No. 21 ss 94 , 3 sch ; 2000 No. 5 s 373 sch 2 ; 2000 No. 64 s 174 sch ; 2005 No. 8 s 2 sch ; 2008 No. 33 s 99 ; 2012 No. 20 s 125 sch 1 ; 2013 No. 10 s 124 ; 2014 No. 35 s 34 ; 2018 No. 24 s 148\n(sec.342-ssec.1) At all times, a person who is an authorised officer may— have full and free access to and enter any land and whilst thereon may— drill, dig, take cores, samples of soil, air, water or rock, make such inspections and carry out such investigations and do such other acts ordinarily connected with prospecting, exploring or mining as the person thinks fit; if the person is satisfied that a post, cairn or other thing, not being a survey mark or other thing required by any other Act not to be removed, purporting to mark or apparently marking out boundaries of land for the purposes of this Act do not relate to any existing mining claim, mining lease or application for the grant of a mining claim or mining lease duly made under this Act—remove or cause to be removed that post, cairn or other thing; make such investigation and inquiry as is necessary to ascertain whether the provisions of this Act including the conditions applying to any mining tenement or other authority granted under this Act are being complied with; stop, detain and search any vehicle or vessel used or that the person believes on reasonable grounds is being or is likely to be used for prospecting, exploring or mining; subject to subsection (11) —question a person found by the person in any place to ascertain whether this Act is being complied with and require a person so found to answer the questions put; require a person found by him or her committing an offence against this Act or who he or she believes on reasonable grounds has committed an offence against this Act or whose name and address are in the person’s opinion reasonably required to state his or her full name and the address of the person’s usual place of residence and, if the person suspects on reasonable grounds that a name or address so stated is false, may require evidence of the correctness thereof; require a person to produce any books, accounts, records or documents and inspect, make copies of, or take extracts from, the books, accounts, records or documents; in a case where the person is obstructed or has reasonable grounds to believe that he or she will be obstructed in the exercise of powers or authorities or the discharge of functions or duties—ask another person to help, whereupon it shall be the duty of a person so called to assist the person as required and in accordance with this Act and a person so assisting shall have the same powers and authorities as are conferred under this Act upon the person he or she is assisting; call to his or her aid a person who the person thinks is competent to assist in the exercise of powers and authorities or the discharge of functions and duties and a person so assisting shall have the same powers and authorities as are conferred under this Act upon the person he or she is assisting; use such force as is reasonably necessary in the exercise of the powers and authorities or the discharge of the functions and duties conferred or imposed upon the person by this Act; by order in writing—require a person who has failed to comply with this Act to take within such time as is specified such steps as are specified and to remedy those matters in respect of which noncompliance has occurred; exercise such other powers and authorities and discharge such other functions and duties as are prescribed.\n(sec.342-ssec.2) An order pursuant to subsection (1) (i) shall not prejudice or affect in any way any proceeding or action that has been or may be taken for the failure to comply that resulted in the order, save that the person to whom the order is given is not liable for a continuance of the failure to comply during the time specified therein.\n(sec.342-ssec.3) Before a person enters a part of any place which part is used exclusively as a dwelling house the person shall, save where the person has the permission of the occupier of that part to the entry, obtain from a justice a warrant to enter.\n(sec.342-ssec.4) A justice who is satisfied upon the complaint of an authorised officer that there is reasonable cause to suspect— that in any place an offence against this Act has been, is being or is likely to be committed; that there is in any place anything in respect of which an offence against this Act has been, is being or is likely to be committed; may issue a justice’s warrant directed to the complainant to enter the place named in the warrant for the purpose of exercising therein the powers conferred on an authorised officer under this Act.\n(sec.342-ssec.5) A complaint made under subsection (4) shall be made on oath or affirmation and shall set out the grounds on which the suspicion of the person making the same is based.\n(sec.342-ssec.6) A justice who is the chief executive or other officer of the department of the Government for the time being administering this Act is not competent to issue a warrant to which subsections (3) , (4) and (8) apply.\n(sec.342-ssec.7) A justice who issues a warrant pursuant to subsection (4) shall forward a copy of the warrant to the chief executive.\n(sec.342-ssec.8) A warrant shall be, for the period of 1 month from the date of its issue, sufficient authority for the person named therein and all persons acting in aid of the person— to enter the place specified in the warrant; and to exercise therein the powers conferred upon the person named therein by or under this Act.\n(sec.342-ssec.9) For this section premises that are used as a dwelling house do not include the curtilage of those premises.\n(sec.342-ssec.10) For the purpose of gaining entry to a place an authorised officer may call to the officer’s aid such persons as the officer considers necessary and those persons, while acting in aid in the lawful exercise by the officer of the officer’s power of entry, shall have a like power of entry.\n(sec.342-ssec.11) Except as provided in section 333E , a person is not obliged under this Act to answer any question or give any information or evidence tending to incriminate the person.\n- (a) have full and free access to and enter any land and whilst thereon may— (i) drill, dig, take cores, samples of soil, air, water or rock, make such inspections and carry out such investigations and do such other acts ordinarily connected with prospecting, exploring or mining as the person thinks fit; (ii) if the person is satisfied that a post, cairn or other thing, not being a survey mark or other thing required by any other Act not to be removed, purporting to mark or apparently marking out boundaries of land for the purposes of this Act do not relate to any existing mining claim, mining lease or application for the grant of a mining claim or mining lease duly made under this Act—remove or cause to be removed that post, cairn or other thing; (iii) make such investigation and inquiry as is necessary to ascertain whether the provisions of this Act including the conditions applying to any mining tenement or other authority granted under this Act are being complied with;\n- (i) drill, dig, take cores, samples of soil, air, water or rock, make such inspections and carry out such investigations and do such other acts ordinarily connected with prospecting, exploring or mining as the person thinks fit;\n- (ii) if the person is satisfied that a post, cairn or other thing, not being a survey mark or other thing required by any other Act not to be removed, purporting to mark or apparently marking out boundaries of land for the purposes of this Act do not relate to any existing mining claim, mining lease or application for the grant of a mining claim or mining lease duly made under this Act—remove or cause to be removed that post, cairn or other thing;\n- (iii) make such investigation and inquiry as is necessary to ascertain whether the provisions of this Act including the conditions applying to any mining tenement or other authority granted under this Act are being complied with;\n- (b) stop, detain and search any vehicle or vessel used or that the person believes on reasonable grounds is being or is likely to be used for prospecting, exploring or mining;\n- (c) subject to subsection (11) —question a person found by the person in any place to ascertain whether this Act is being complied with and require a person so found to answer the questions put;\n- (d) require a person found by him or her committing an offence against this Act or who he or she believes on reasonable grounds has committed an offence against this Act or whose name and address are in the person’s opinion reasonably required to state his or her full name and the address of the person’s usual place of residence and, if the person suspects on reasonable grounds that a name or address so stated is false, may require evidence of the correctness thereof;\n- (e) require a person to produce any books, accounts, records or documents and inspect, make copies of, or take extracts from, the books, accounts, records or documents;\n- (f) in a case where the person is obstructed or has reasonable grounds to believe that he or she will be obstructed in the exercise of powers or authorities or the discharge of functions or duties—ask another person to help, whereupon it shall be the duty of a person so called to assist the person as required and in accordance with this Act and a person so assisting shall have the same powers and authorities as are conferred under this Act upon the person he or she is assisting;\n- (g) call to his or her aid a person who the person thinks is competent to assist in the exercise of powers and authorities or the discharge of functions and duties and a person so assisting shall have the same powers and authorities as are conferred under this Act upon the person he or she is assisting;\n- (h) use such force as is reasonably necessary in the exercise of the powers and authorities or the discharge of the functions and duties conferred or imposed upon the person by this Act;\n- (i) by order in writing—require a person who has failed to comply with this Act to take within such time as is specified such steps as are specified and to remedy those matters in respect of which noncompliance has occurred;\n- (j) exercise such other powers and authorities and discharge such other functions and duties as are prescribed.\n- (i) drill, dig, take cores, samples of soil, air, water or rock, make such inspections and carry out such investigations and do such other acts ordinarily connected with prospecting, exploring or mining as the person thinks fit;\n- (ii) if the person is satisfied that a post, cairn or other thing, not being a survey mark or other thing required by any other Act not to be removed, purporting to mark or apparently marking out boundaries of land for the purposes of this Act do not relate to any existing mining claim, mining lease or application for the grant of a mining claim or mining lease duly made under this Act—remove or cause to be removed that post, cairn or other thing;\n- (iii) make such investigation and inquiry as is necessary to ascertain whether the provisions of this Act including the conditions applying to any mining tenement or other authority granted under this Act are being complied with;\n- (a) that in any place an offence against this Act has been, is being or is likely to be committed;\n- (b) that there is in any place anything in respect of which an offence against this Act has been, is being or is likely to be committed;\n- (a) to enter the place specified in the warrant; and\n- (b) to exercise therein the powers conferred upon the person named therein by or under this Act.","sortOrder":858},{"sectionNumber":"sec.343","sectionType":"section","heading":"Seizure of minerals produced by or vehicles, machinery etc. used in unauthorised mining","content":"### sec.343 Seizure of minerals produced by or vehicles, machinery etc. used in unauthorised mining\n\nIf he or she believes on reasonable grounds that any mineral is being or has been mined without authority by or under this Act, an authorised officer may, without further authority, seize that mineral, vehicle, machinery, equipment or thing (the subject property ) whereupon the subject property shall be taken to be in the custody of the authorised officer.\nAn authorised officer who seizes the subject property may—\nremove, dismantle and do all such things as the officer thinks necessary to transport the subject property to a place of safekeeping;\ndirect that mineral so seized be deposited by the person from whom it is seized at a place of safekeeping set out in the direction;\nif the subject property is not removed to or deposited at a place of safekeeping, do all such things as are prescribed or, if not prescribed, as the officer thinks fit to show that the subject property has been so seized and is in his or her custody;\ncarry out any improvement restoration the officer considers appropriate for the land on which the mineral is or has been mined as if a mining tenement had been granted for the land.\nUpon an application in writing by the owner of the subject property or a person acting on the owner’s behalf or claiming a right to possession of the subject property the authorised officer who has the custody of the subject property may release the subject property to the applicant.\nIf, upon the expiration of 3 months from the date of seizure of the subject property, the subject property is not released under subsection (3) and the subject property is not required as evidence in proceedings that have been instituted for a breach of any provision of this Act or of any other Act relating to mining alleged to have been committed by the person from whom the subject property was seized then, as soon as practicable thereafter, the authorised officer who seized the subject property shall cause to be served by post upon the owner of the subject property, if the owner can be ascertained, at the owner’s last place of address known to the officer who seized the subject property notice in writing that the subject property may be collected.\nThe authorised officer who seized the subject property may, if the officer considers it desirable, give public advertisement to the owner in 1 or more newspapers circulating in the locality in which the subject property was seized or in other localities that the subject property may be collected.\nIf the subject property is required as evidence in any proceedings instituted for a breach of any provision of this Act or any other Act relating to mining and is not forfeited, the authorised officer who seized the subject property shall, upon the final determination of those proceedings give the notice or advertisement referred to in subsection (4) .\nIf within 20 business days from the date of service or advertisement of the notice, whichever shall last occur, the owner of the subject property or a person acting on the owner’s behalf or claiming a right to the possession of the subject property has not obtained possession of the subject property in accordance with the provisions of this section, the authorised officer who seized the subject property may—\nby notice published in a newspaper circulating in the locality in which the subject property was seized and, if the officer considers it desirable, in a newspaper circulating in any other locality, advertise that the officer will offer the subject property for sale at the place and time stated in the advertisement;\nat the time on the day stated in the advertisement (which day shall be not earlier than 10 business days after the date when the advertisement was first published) and at the place stated in the advertisement, offer the subject property for sale unless the owner thereof or a person acting on the owner’s behalf or claiming a right to possession thereof has sooner obtained possession of the subject property in accordance with the provisions of this section.\nSubject property sold pursuant to subsection (7) shall be sold by public auction unless the Minister otherwise directs.\nThe proceeds of the sale or disposal of the subject property shall be applied as follows—\nfirstly, in payment of the expenses of the sale or disposal;\nsecondly, in payment of the cost of seizure of, removal of and holding the subject property and the service and advertisement of any notice served or advertised under this section;\nthirdly, in payment of the cost of any improvement restoration that is, or is likely to be, carried out under subsection (2) (d) ;\nfourthly, in payment of the cost of rehabilitation of land required as a result of the use of the subject property in contravention of this Act or any authority granted under this Act or any other Act relating to mining or under the Environmental Protection Act ;\nfifthly, in payment of the balance of the proceeds to the owner of the subject property or, if after reasonable inquiry, the owner can not be ascertained, to the public trustee as unclaimed moneys and the provisions of the Public Trustee Act 1978 with respect to unclaimed moneys shall apply thereto.\nSubject property in the custody of the authorised officer who seized it shall not be delivered to the owner thereof, or to another person acting on the owner’s behalf or claiming a right to the possession thereof unless—\nthe owner or person acting on the owner’s behalf or claiming a right to possession of the subject property has applied in writing signed by the owner to the authorised officer for the release of the subject property;\nthe applicant has furnished proof to the satisfaction of the authorised officer of ownership or right to possession of the subject property and, in the case of the applicant being a person acting on behalf of the owner, has furnished proof to the satisfaction of the authorised officer, of the person’s authority to so act;\nthe applicant has paid all expenses incurred by the authorised officer and not waived pursuant to the provisions of this subsection in connection with the seizure of, removal of and holding the subject property and the service or advertisement of any notice served or advertised by the authorised officer in relation to the availability for collection or intended sale of the subject property;\nthe applicant has signed a receipt for the delivery of the subject property to the applicant.\nIf the authorised officer who seized the subject property considers that special circumstances exist, the officer may recommend to the chief executive that the chief executive waive payment of the whole or part of the expenses referred to in subsection (10) (c) .\nA person who takes delivery, or obtains possession of or removes or attempts to remove from or interferes in any way with subject property which is in the custody of an authorised officer who seized the property except in accordance with the provisions of this section commits an offence against this Act.\nIn this section—\nsubject property includes any part of the subject property.\ns 343 amd 2000 No. 5 s 373 sch 2 ; 2000 No. 64 ss 161 , 174 sch ; 2005 No. 8 s 2 sch ; 2013 No. 10 s 125\n(sec.343-ssec.1) If he or she believes on reasonable grounds that any mineral is being or has been mined without authority by or under this Act, an authorised officer may, without further authority, seize that mineral, vehicle, machinery, equipment or thing (the subject property ) whereupon the subject property shall be taken to be in the custody of the authorised officer.\n(sec.343-ssec.2) An authorised officer who seizes the subject property may— remove, dismantle and do all such things as the officer thinks necessary to transport the subject property to a place of safekeeping; direct that mineral so seized be deposited by the person from whom it is seized at a place of safekeeping set out in the direction; if the subject property is not removed to or deposited at a place of safekeeping, do all such things as are prescribed or, if not prescribed, as the officer thinks fit to show that the subject property has been so seized and is in his or her custody; carry out any improvement restoration the officer considers appropriate for the land on which the mineral is or has been mined as if a mining tenement had been granted for the land.\n(sec.343-ssec.3) Upon an application in writing by the owner of the subject property or a person acting on the owner’s behalf or claiming a right to possession of the subject property the authorised officer who has the custody of the subject property may release the subject property to the applicant.\n(sec.343-ssec.4) If, upon the expiration of 3 months from the date of seizure of the subject property, the subject property is not released under subsection (3) and the subject property is not required as evidence in proceedings that have been instituted for a breach of any provision of this Act or of any other Act relating to mining alleged to have been committed by the person from whom the subject property was seized then, as soon as practicable thereafter, the authorised officer who seized the subject property shall cause to be served by post upon the owner of the subject property, if the owner can be ascertained, at the owner’s last place of address known to the officer who seized the subject property notice in writing that the subject property may be collected.\n(sec.343-ssec.5) The authorised officer who seized the subject property may, if the officer considers it desirable, give public advertisement to the owner in 1 or more newspapers circulating in the locality in which the subject property was seized or in other localities that the subject property may be collected.\n(sec.343-ssec.6) If the subject property is required as evidence in any proceedings instituted for a breach of any provision of this Act or any other Act relating to mining and is not forfeited, the authorised officer who seized the subject property shall, upon the final determination of those proceedings give the notice or advertisement referred to in subsection (4) .\n(sec.343-ssec.7) If within 20 business days from the date of service or advertisement of the notice, whichever shall last occur, the owner of the subject property or a person acting on the owner’s behalf or claiming a right to the possession of the subject property has not obtained possession of the subject property in accordance with the provisions of this section, the authorised officer who seized the subject property may— by notice published in a newspaper circulating in the locality in which the subject property was seized and, if the officer considers it desirable, in a newspaper circulating in any other locality, advertise that the officer will offer the subject property for sale at the place and time stated in the advertisement; at the time on the day stated in the advertisement (which day shall be not earlier than 10 business days after the date when the advertisement was first published) and at the place stated in the advertisement, offer the subject property for sale unless the owner thereof or a person acting on the owner’s behalf or claiming a right to possession thereof has sooner obtained possession of the subject property in accordance with the provisions of this section.\n(sec.343-ssec.8) Subject property sold pursuant to subsection (7) shall be sold by public auction unless the Minister otherwise directs.\n(sec.343-ssec.9) The proceeds of the sale or disposal of the subject property shall be applied as follows— firstly, in payment of the expenses of the sale or disposal; secondly, in payment of the cost of seizure of, removal of and holding the subject property and the service and advertisement of any notice served or advertised under this section; thirdly, in payment of the cost of any improvement restoration that is, or is likely to be, carried out under subsection (2) (d) ; fourthly, in payment of the cost of rehabilitation of land required as a result of the use of the subject property in contravention of this Act or any authority granted under this Act or any other Act relating to mining or under the Environmental Protection Act ; fifthly, in payment of the balance of the proceeds to the owner of the subject property or, if after reasonable inquiry, the owner can not be ascertained, to the public trustee as unclaimed moneys and the provisions of the Public Trustee Act 1978 with respect to unclaimed moneys shall apply thereto.\n(sec.343-ssec.10) Subject property in the custody of the authorised officer who seized it shall not be delivered to the owner thereof, or to another person acting on the owner’s behalf or claiming a right to the possession thereof unless— the owner or person acting on the owner’s behalf or claiming a right to possession of the subject property has applied in writing signed by the owner to the authorised officer for the release of the subject property; the applicant has furnished proof to the satisfaction of the authorised officer of ownership or right to possession of the subject property and, in the case of the applicant being a person acting on behalf of the owner, has furnished proof to the satisfaction of the authorised officer, of the person’s authority to so act; the applicant has paid all expenses incurred by the authorised officer and not waived pursuant to the provisions of this subsection in connection with the seizure of, removal of and holding the subject property and the service or advertisement of any notice served or advertised by the authorised officer in relation to the availability for collection or intended sale of the subject property; the applicant has signed a receipt for the delivery of the subject property to the applicant.\n(sec.343-ssec.11) If the authorised officer who seized the subject property considers that special circumstances exist, the officer may recommend to the chief executive that the chief executive waive payment of the whole or part of the expenses referred to in subsection (10) (c) .\n(sec.343-ssec.12) A person who takes delivery, or obtains possession of or removes or attempts to remove from or interferes in any way with subject property which is in the custody of an authorised officer who seized the property except in accordance with the provisions of this section commits an offence against this Act.\n(sec.343-ssec.13) In this section— subject property includes any part of the subject property.\n- (a) remove, dismantle and do all such things as the officer thinks necessary to transport the subject property to a place of safekeeping;\n- (b) direct that mineral so seized be deposited by the person from whom it is seized at a place of safekeeping set out in the direction;\n- (c) if the subject property is not removed to or deposited at a place of safekeeping, do all such things as are prescribed or, if not prescribed, as the officer thinks fit to show that the subject property has been so seized and is in his or her custody;\n- (d) carry out any improvement restoration the officer considers appropriate for the land on which the mineral is or has been mined as if a mining tenement had been granted for the land.\n- (a) by notice published in a newspaper circulating in the locality in which the subject property was seized and, if the officer considers it desirable, in a newspaper circulating in any other locality, advertise that the officer will offer the subject property for sale at the place and time stated in the advertisement;\n- (b) at the time on the day stated in the advertisement (which day shall be not earlier than 10 business days after the date when the advertisement was first published) and at the place stated in the advertisement, offer the subject property for sale unless the owner thereof or a person acting on the owner’s behalf or claiming a right to possession thereof has sooner obtained possession of the subject property in accordance with the provisions of this section.\n- (a) firstly, in payment of the expenses of the sale or disposal;\n- (b) secondly, in payment of the cost of seizure of, removal of and holding the subject property and the service and advertisement of any notice served or advertised under this section;\n- (c) thirdly, in payment of the cost of any improvement restoration that is, or is likely to be, carried out under subsection (2) (d) ;\n- (d) fourthly, in payment of the cost of rehabilitation of land required as a result of the use of the subject property in contravention of this Act or any authority granted under this Act or any other Act relating to mining or under the Environmental Protection Act ;\n- (e) fifthly, in payment of the balance of the proceeds to the owner of the subject property or, if after reasonable inquiry, the owner can not be ascertained, to the public trustee as unclaimed moneys and the provisions of the Public Trustee Act 1978 with respect to unclaimed moneys shall apply thereto.\n- (a) the owner or person acting on the owner’s behalf or claiming a right to possession of the subject property has applied in writing signed by the owner to the authorised officer for the release of the subject property;\n- (b) the applicant has furnished proof to the satisfaction of the authorised officer of ownership or right to possession of the subject property and, in the case of the applicant being a person acting on behalf of the owner, has furnished proof to the satisfaction of the authorised officer, of the person’s authority to so act;\n- (c) the applicant has paid all expenses incurred by the authorised officer and not waived pursuant to the provisions of this subsection in connection with the seizure of, removal of and holding the subject property and the service or advertisement of any notice served or advertised by the authorised officer in relation to the availability for collection or intended sale of the subject property;\n- (d) the applicant has signed a receipt for the delivery of the subject property to the applicant.","sortOrder":859},{"sectionNumber":"sec.343A","sectionType":"section","heading":null,"content":"### Section sec.343A\n\ns 343A ins 2012 No. 20 s 227\nom 2013 No. 10 s 126","sortOrder":860},{"sectionNumber":"ch.13-pt.4","sectionType":"part","heading":"Remediation of abandoned mine sites and rehabilitation of final rehabilitation sites","content":"# Remediation of abandoned mine sites and rehabilitation of final rehabilitation sites","sortOrder":861},{"sectionNumber":"ch.13-pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":862},{"sectionNumber":"sec.344","sectionType":"section","heading":"Definitions for part","content":"### sec.344 Definitions for part\n\nIn this part—\nabandoned mine site means a site—\nwhere mining or exploration activities have been carried out; and\nfor which no current mining claim or mining lease is granted; and\nfor which no environmental authority is in force for activities mentioned in paragraph (a) that were carried out under a mining claim or mining lease that is no longer in force.\naffected land see section 344C (2) .\nauthorised person means—\nfor an abandoned mine site—a person authorised by the chief executive under section 344C (1) to enter the site; or\nfor affected land—a person authorised by the chief executive under section 344C (2) to enter the land; or\nfor a final rehabilitation site—a person authorised by the chief executive under section 344D (1) to enter the site.\nenter , for land, includes re-enter the land.\nfinal rehabilitation site means the area of a mining claim or mining lease that is no longer in force if—\nan environmental authority or PRCP schedule is in force for the mining activities that were carried out under the claim or lease; and\nany of the following apply—\nthe holder of the mining claim or mining lease was prevented by an Act from applying to renew the claim or lease within the period within which the holder could have applied for the renewal of the claim or lease under this Act;\nfor a mining claim—an application to renew the mining claim was refused for a reason other than because the Minister was not satisfied of a matter mentioned in section 93 (4) (b) (i) or (ii) ;\nfor a mining lease—an application to renew the mining lease was refused for a reason other than because the Minister was not satisfied of a matter mentioned in section 286A (1) (a) .\nholder means—\nof an environmental authority—the holder of the environmental authority under the Environmental Protection Act ; or\nof a PRCP schedule—the holder of the PRCP schedule under the Environmental Protection Act , schedule 4 , definition holder , paragraph 4A.\nPRCP schedule see the Environmental Protection Act , section 112 .\nprevious mining activities means mining activities previously carried out on an abandoned mine site.\nrehabilitation activity see section 344B .\nremediation activity see section 344A .\ns 344 prev s 344 amd 1992 No. 68 s 3 sch 1\nsub 1995 No. 21 s 95\nom 1999 No. 7 s 87 sch 3\npres s 344 ins 2008 No. 33 s 100\nsub 2011 No. 2 s 73\namd 2012 No. 20 s 323 sch 3 ; 2013 No. 10 s 193 sch 1 ; 2016 No. 32 s 26 ; 2018 No. 30 s 213 ; 2019 No. 17 s 231\nsub 2020 No. 14 s 147\n- (a) where mining or exploration activities have been carried out; and\n- (b) for which no current mining claim or mining lease is granted; and\n- (c) for which no environmental authority is in force for activities mentioned in paragraph (a) that were carried out under a mining claim or mining lease that is no longer in force.\n- (a) for an abandoned mine site—a person authorised by the chief executive under section 344C (1) to enter the site; or\n- (b) for affected land—a person authorised by the chief executive under section 344C (2) to enter the land; or\n- (c) for a final rehabilitation site—a person authorised by the chief executive under section 344D (1) to enter the site.\n- (a) an environmental authority or PRCP schedule is in force for the mining activities that were carried out under the claim or lease; and\n- (b) any of the following apply— (i) the holder of the mining claim or mining lease was prevented by an Act from applying to renew the claim or lease within the period within which the holder could have applied for the renewal of the claim or lease under this Act; (ii) for a mining claim—an application to renew the mining claim was refused for a reason other than because the Minister was not satisfied of a matter mentioned in section 93 (4) (b) (i) or (ii) ; (iii) for a mining lease—an application to renew the mining lease was refused for a reason other than because the Minister was not satisfied of a matter mentioned in section 286A (1) (a) .\n- (i) the holder of the mining claim or mining lease was prevented by an Act from applying to renew the claim or lease within the period within which the holder could have applied for the renewal of the claim or lease under this Act;\n- (ii) for a mining claim—an application to renew the mining claim was refused for a reason other than because the Minister was not satisfied of a matter mentioned in section 93 (4) (b) (i) or (ii) ;\n- (iii) for a mining lease—an application to renew the mining lease was refused for a reason other than because the Minister was not satisfied of a matter mentioned in section 286A (1) (a) .\n- (i) the holder of the mining claim or mining lease was prevented by an Act from applying to renew the claim or lease within the period within which the holder could have applied for the renewal of the claim or lease under this Act;\n- (ii) for a mining claim—an application to renew the mining claim was refused for a reason other than because the Minister was not satisfied of a matter mentioned in section 93 (4) (b) (i) or (ii) ;\n- (iii) for a mining lease—an application to renew the mining lease was refused for a reason other than because the Minister was not satisfied of a matter mentioned in section 286A (1) (a) .\n- (a) of an environmental authority—the holder of the environmental authority under the Environmental Protection Act ; or\n- (b) of a PRCP schedule—the holder of the PRCP schedule under the Environmental Protection Act , schedule 4 , definition holder , paragraph 4A.","sortOrder":863},{"sectionNumber":"sec.344A","sectionType":"section","heading":"Meaning of remediation activity","content":"### sec.344A Meaning of remediation activity\n\nEach of the following activities is a remediation activity —\ninvestigating the condition of—\nan abandoned mine site or affected land; or\na mine shaft or underground mine feature on an abandoned mine site or affected land; or\na structure or equipment on an abandoned mine site or affected land related to previous mining activities;\ncapping or otherwise making safe a mine shaft on an abandoned mine site;\nmaking safe an underground mine feature or subsidence on an abandoned mine site or affected land;\nremoving, modifying or otherwise making safe structures or equipment on an abandoned mine site or affected land related to previous mining activities;\nmaintaining a mine shaft, underground mine feature, structure or equipment on an abandoned mine site or affected land related to previous mining activities;\nmitigating, managing, treating or cleaning up pollution that is on an abandoned mine site or affected land because of, directly or indirectly, previous mining activities;\nmaintaining, managing and monitoring the condition of an abandoned mine site or affected land, including, for example—\nrepairing erosion of the site or land or vegetation on the site or land; and\npreventing further erosion of the site or land or vegetation; and\nrevegetating the site or land;\nif an abandoned mine site or affected land is contaminated land under the Environmental Protection Act —conducting work to remediate the site or land;\nremoving, mitigating or managing a hazard on an abandoned mine site or affected land because of, directly or indirectly, previous mining activities;\nmitigating, managing or monitoring risks to, or adverse impacts on, public health or safety, other property or the environment because of, directly or indirectly, previous mining activities, including, by constructing infrastructure or installing equipment;\nassessing the commercial or practical feasibility of an abandoned mine site for the future exploration and mining of minerals or another use;\na park, renewable energy generation, a water resource\nanother activity on an abandoned mine site or affected land, prescribed by regulation—\nto make the site or land safe; or\nto mitigate, manage or monitor risks to, or adverse impacts on, public health or safety, other property or the environment because of, directly or indirectly, previous mining activities.\nIn this section—\nother property , in relation to an abandoned mine site or affected land, means—\nland other than the abandoned mine site or affected land; or\na structure, equipment or other thing, other than a structure or equipment on the abandoned mine site or affected land related to previous mining activities.\ns 344A ins 2011 No. 2 s 73\namd 2016 No. 32 s 27 ; 2018 No. 24 s 149 ; 2018 No. 30 s 214 ; 2019 No. 17 s 232\nsub 2020 No. 14 s 147\n(sec.344A-ssec.1) Each of the following activities is a remediation activity — investigating the condition of— an abandoned mine site or affected land; or a mine shaft or underground mine feature on an abandoned mine site or affected land; or a structure or equipment on an abandoned mine site or affected land related to previous mining activities; capping or otherwise making safe a mine shaft on an abandoned mine site; making safe an underground mine feature or subsidence on an abandoned mine site or affected land; removing, modifying or otherwise making safe structures or equipment on an abandoned mine site or affected land related to previous mining activities; maintaining a mine shaft, underground mine feature, structure or equipment on an abandoned mine site or affected land related to previous mining activities; mitigating, managing, treating or cleaning up pollution that is on an abandoned mine site or affected land because of, directly or indirectly, previous mining activities; maintaining, managing and monitoring the condition of an abandoned mine site or affected land, including, for example— repairing erosion of the site or land or vegetation on the site or land; and preventing further erosion of the site or land or vegetation; and revegetating the site or land; if an abandoned mine site or affected land is contaminated land under the Environmental Protection Act —conducting work to remediate the site or land; removing, mitigating or managing a hazard on an abandoned mine site or affected land because of, directly or indirectly, previous mining activities; mitigating, managing or monitoring risks to, or adverse impacts on, public health or safety, other property or the environment because of, directly or indirectly, previous mining activities, including, by constructing infrastructure or installing equipment; assessing the commercial or practical feasibility of an abandoned mine site for the future exploration and mining of minerals or another use; a park, renewable energy generation, a water resource another activity on an abandoned mine site or affected land, prescribed by regulation— to make the site or land safe; or to mitigate, manage or monitor risks to, or adverse impacts on, public health or safety, other property or the environment because of, directly or indirectly, previous mining activities.\n(sec.344A-ssec.2) In this section— other property , in relation to an abandoned mine site or affected land, means— land other than the abandoned mine site or affected land; or a structure, equipment or other thing, other than a structure or equipment on the abandoned mine site or affected land related to previous mining activities.\n- (a) investigating the condition of— (i) an abandoned mine site or affected land; or (ii) a mine shaft or underground mine feature on an abandoned mine site or affected land; or (iii) a structure or equipment on an abandoned mine site or affected land related to previous mining activities;\n- (i) an abandoned mine site or affected land; or\n- (ii) a mine shaft or underground mine feature on an abandoned mine site or affected land; or\n- (iii) a structure or equipment on an abandoned mine site or affected land related to previous mining activities;\n- (b) capping or otherwise making safe a mine shaft on an abandoned mine site;\n- (c) making safe an underground mine feature or subsidence on an abandoned mine site or affected land;\n- (d) removing, modifying or otherwise making safe structures or equipment on an abandoned mine site or affected land related to previous mining activities;\n- (e) maintaining a mine shaft, underground mine feature, structure or equipment on an abandoned mine site or affected land related to previous mining activities;\n- (f) mitigating, managing, treating or cleaning up pollution that is on an abandoned mine site or affected land because of, directly or indirectly, previous mining activities;\n- (g) maintaining, managing and monitoring the condition of an abandoned mine site or affected land, including, for example— (i) repairing erosion of the site or land or vegetation on the site or land; and (ii) preventing further erosion of the site or land or vegetation; and (iii) revegetating the site or land;\n- (i) repairing erosion of the site or land or vegetation on the site or land; and\n- (ii) preventing further erosion of the site or land or vegetation; and\n- (iii) revegetating the site or land;\n- (h) if an abandoned mine site or affected land is contaminated land under the Environmental Protection Act —conducting work to remediate the site or land;\n- (i) removing, mitigating or managing a hazard on an abandoned mine site or affected land because of, directly or indirectly, previous mining activities;\n- (j) mitigating, managing or monitoring risks to, or adverse impacts on, public health or safety, other property or the environment because of, directly or indirectly, previous mining activities, including, by constructing infrastructure or installing equipment;\n- (k) assessing the commercial or practical feasibility of an abandoned mine site for the future exploration and mining of minerals or another use; Examples of other uses— a park, renewable energy generation, a water resource\n- (l) another activity on an abandoned mine site or affected land, prescribed by regulation— (i) to make the site or land safe; or (ii) to mitigate, manage or monitor risks to, or adverse impacts on, public health or safety, other property or the environment because of, directly or indirectly, previous mining activities.\n- (i) to make the site or land safe; or\n- (ii) to mitigate, manage or monitor risks to, or adverse impacts on, public health or safety, other property or the environment because of, directly or indirectly, previous mining activities.\n- (i) an abandoned mine site or affected land; or\n- (ii) a mine shaft or underground mine feature on an abandoned mine site or affected land; or\n- (iii) a structure or equipment on an abandoned mine site or affected land related to previous mining activities;\n- (i) repairing erosion of the site or land or vegetation on the site or land; and\n- (ii) preventing further erosion of the site or land or vegetation; and\n- (iii) revegetating the site or land;\n- (i) to make the site or land safe; or\n- (ii) to mitigate, manage or monitor risks to, or adverse impacts on, public health or safety, other property or the environment because of, directly or indirectly, previous mining activities.\n- (a) land other than the abandoned mine site or affected land; or\n- (b) a structure, equipment or other thing, other than a structure or equipment on the abandoned mine site or affected land related to previous mining activities.","sortOrder":864},{"sectionNumber":"sec.344B","sectionType":"section","heading":"Meaning of rehabilitation activity","content":"### sec.344B Meaning of rehabilitation activity\n\nA rehabilitation activity for a final rehabilitation site is an activity that the holder of the environmental authority or PRCP schedule for the mining activities that were carried out on the site would be required to carry out—\nfor the environmental management of the site under an environmental requirement; or\nif an EPA surrender application were made for the environmental authority—to satisfy an EPA administering authority of the approval matters for the application.\nIn this section—\napproval matter , for an EPA surrender application, means a matter about which the EPA administering authority must be satisfied under the Environmental Protection Act , section 269 .\nenvironmental requirement see the Environmental Protection Act , schedule 4 .\nEPA administering authority , for an EPA surrender application, means the administering authority for the application under the Environmental Protection Act .\nEPA surrender application means a surrender application under the Environmental Protection Act , section 257 (1) .\ns 344B ins 2011 No. 2 s 73\namd 2012 No. 20 s 125 sch 1 ; 2014 No. 47 s 402 ; 2016 No. 32 s 28 ; 2019 No. 17 s 233\nsub 2020 No. 14 s 147\n(sec.344B-ssec.1) A rehabilitation activity for a final rehabilitation site is an activity that the holder of the environmental authority or PRCP schedule for the mining activities that were carried out on the site would be required to carry out— for the environmental management of the site under an environmental requirement; or if an EPA surrender application were made for the environmental authority—to satisfy an EPA administering authority of the approval matters for the application.\n(sec.344B-ssec.2) In this section— approval matter , for an EPA surrender application, means a matter about which the EPA administering authority must be satisfied under the Environmental Protection Act , section 269 . environmental requirement see the Environmental Protection Act , schedule 4 . EPA administering authority , for an EPA surrender application, means the administering authority for the application under the Environmental Protection Act . EPA surrender application means a surrender application under the Environmental Protection Act , section 257 (1) .\n- (a) for the environmental management of the site under an environmental requirement; or\n- (b) if an EPA surrender application were made for the environmental authority—to satisfy an EPA administering authority of the approval matters for the application.","sortOrder":865},{"sectionNumber":"ch.13-pt.4-div.2","sectionType":"division","heading":"Authorisation to carry out remediation activities or rehabilitation activities","content":"## Authorisation to carry out remediation activities or rehabilitation activities","sortOrder":866},{"sectionNumber":"sec.344C","sectionType":"section","heading":"Authorisation to carry out remediation activities on abandoned mine site or affected land","content":"### sec.344C Authorisation to carry out remediation activities on abandoned mine site or affected land\n\nThe chief executive may authorise a person to enter an abandoned mine site to carry out 1 or more remediation activities.\nAlso, the chief executive may authorise a person to enter land other than an abandoned mine site ( affected land ) to carry out 1 or more remediation activities if the chief executive is satisfied—\nthe remediation activities are, or may be, required to be carried out on the land because of, directly or indirectly, previous mining activities; or\nthe entry is necessary to carry out remediation activities on an abandoned mine site.\nThe authorisation must—\nbe in writing; and\nstate the period of the authorisation.\ns 344C ins 2011 No. 2 s 73\namd 2012 No. 20 s 323 sch 3 ; 2016 No. 32 s 29 ; 2019 No. 17 s 234\nsub 2020 No. 14 s 147\n(sec.344C-ssec.1) The chief executive may authorise a person to enter an abandoned mine site to carry out 1 or more remediation activities.\n(sec.344C-ssec.2) Also, the chief executive may authorise a person to enter land other than an abandoned mine site ( affected land ) to carry out 1 or more remediation activities if the chief executive is satisfied— the remediation activities are, or may be, required to be carried out on the land because of, directly or indirectly, previous mining activities; or the entry is necessary to carry out remediation activities on an abandoned mine site.\n(sec.344C-ssec.3) The authorisation must— be in writing; and state the period of the authorisation.\n- (a) the remediation activities are, or may be, required to be carried out on the land because of, directly or indirectly, previous mining activities; or\n- (b) the entry is necessary to carry out remediation activities on an abandoned mine site.\n- (a) be in writing; and\n- (b) state the period of the authorisation.","sortOrder":867},{"sectionNumber":"sec.344D","sectionType":"section","heading":"Authorisation to carry out rehabilitation activities on final rehabilitation site","content":"### sec.344D Authorisation to carry out rehabilitation activities on final rehabilitation site\n\nThe chief executive may authorise the holder of an environmental authority or PRCP schedule for mining activities that were carried out on a final rehabilitation site to enter the site to carry out 1 or more rehabilitation activities.\nThe authorisation must—\nbe in writing; and\nstate the period of the authorisation.\nThe authorisation authorises—\nthe holder to carry out a rehabilitation activity whether or not the holder is otherwise authorised to carry out the activity under this Act; and\nthe following persons to also enter the final rehabilitation site to carry out rehabilitation activities—\nan officer or employee of the holder;\na person engaged by the holder under a contract or other arrangement to carry out the rehabilitation activities.\nHowever, the authorisation does not authorise the holder to carry out an activity that is an act to which the right to negotiate provisions apply.\ns 344D ins 2011 No. 2 s 73\namd 2012 No. 20 s 323 sch 3 ; 2019 No. 17 s 235\nsub 2020 No. 14 s 147\n(sec.344D-ssec.1) The chief executive may authorise the holder of an environmental authority or PRCP schedule for mining activities that were carried out on a final rehabilitation site to enter the site to carry out 1 or more rehabilitation activities.\n(sec.344D-ssec.2) The authorisation must— be in writing; and state the period of the authorisation.\n(sec.344D-ssec.3) The authorisation authorises— the holder to carry out a rehabilitation activity whether or not the holder is otherwise authorised to carry out the activity under this Act; and the following persons to also enter the final rehabilitation site to carry out rehabilitation activities— an officer or employee of the holder; a person engaged by the holder under a contract or other arrangement to carry out the rehabilitation activities.\n(sec.344D-ssec.4) However, the authorisation does not authorise the holder to carry out an activity that is an act to which the right to negotiate provisions apply.\n- (a) be in writing; and\n- (b) state the period of the authorisation.\n- (a) the holder to carry out a rehabilitation activity whether or not the holder is otherwise authorised to carry out the activity under this Act; and\n- (b) the following persons to also enter the final rehabilitation site to carry out rehabilitation activities— (i) an officer or employee of the holder; (ii) a person engaged by the holder under a contract or other arrangement to carry out the rehabilitation activities.\n- (i) an officer or employee of the holder;\n- (ii) a person engaged by the holder under a contract or other arrangement to carry out the rehabilitation activities.\n- (i) an officer or employee of the holder;\n- (ii) a person engaged by the holder under a contract or other arrangement to carry out the rehabilitation activities.","sortOrder":868},{"sectionNumber":"sec.344E","sectionType":"section","heading":"Entering land to carry out remediation activities or rehabilitation activities","content":"### sec.344E Entering land to carry out remediation activities or rehabilitation activities\n\nAn authorised person may enter an abandoned mine site to carry out remediation activities, or a final rehabilitation site to carry out rehabilitation activities, if the authorised person has given the owner and occupier of the land the notice of entry required under section 344F .\nAn authorised person may enter affected land if the owner and occupier of the land have consented to the entry under section 344G .\nAn authorised person for an abandoned mine site or final rehabilitation site may enter land adjacent to the site if—\nthe entry is only for the purpose of entering the site under subsection (1) or (4) ; and\nentering the adjacent land is the only reasonably practicable way for the authorised person to enter the site; and\nthe authorised person has given the owner and occupier of the adjacent land the notice of entry required under section 344F .\nAn authorised person may enter land mentioned in subsection (1) , (2) or (3) without giving notice of entry to, or the consent of, the owner or occupier of the land to carry out remediation activities or rehabilitation activities, if carrying out the activities is necessary to preserve life or property.\nThis section does not authorise an authorised person to enter a structure used for residential purposes without the consent of the occupier of the structure.\ns 344E ins 2020 No. 14 s 147\n(sec.344E-ssec.1) An authorised person may enter an abandoned mine site to carry out remediation activities, or a final rehabilitation site to carry out rehabilitation activities, if the authorised person has given the owner and occupier of the land the notice of entry required under section 344F .\n(sec.344E-ssec.2) An authorised person may enter affected land if the owner and occupier of the land have consented to the entry under section 344G .\n(sec.344E-ssec.3) An authorised person for an abandoned mine site or final rehabilitation site may enter land adjacent to the site if— the entry is only for the purpose of entering the site under subsection (1) or (4) ; and entering the adjacent land is the only reasonably practicable way for the authorised person to enter the site; and the authorised person has given the owner and occupier of the adjacent land the notice of entry required under section 344F .\n(sec.344E-ssec.4) An authorised person may enter land mentioned in subsection (1) , (2) or (3) without giving notice of entry to, or the consent of, the owner or occupier of the land to carry out remediation activities or rehabilitation activities, if carrying out the activities is necessary to preserve life or property.\n(sec.344E-ssec.5) This section does not authorise an authorised person to enter a structure used for residential purposes without the consent of the occupier of the structure.\n- (a) the entry is only for the purpose of entering the site under subsection (1) or (4) ; and\n- (b) entering the adjacent land is the only reasonably practicable way for the authorised person to enter the site; and\n- (c) the authorised person has given the owner and occupier of the adjacent land the notice of entry required under section 344F .","sortOrder":869},{"sectionNumber":"sec.344F","sectionType":"section","heading":"Notice of entry","content":"### sec.344F Notice of entry\n\nAn authorised person who enters land under this part must give the owner and occupier of the land written notice about the entry—\nif the land is entered to carry out remediation activities or rehabilitation activities necessary to preserve life or property—within 10 business days after entering the land; or\notherwise, if the land is an abandoned mine site or final rehabilitation site—\nat least 10 business days before entering the land; or\na shorter period agreed by the owner and occupier.\nThe written notice must state the following—\nwhen the entry was made or is to be made;\nthe purpose of the entry;\nif the notice relates to land other than affected land—that the authorised person is permitted under this Act to enter the land without consent or a warrant;\nthe remediation activities or rehabilitation activities carried out or proposed to be carried out.\ns 344F ins 2020 No. 14 s 147\n(sec.344F-ssec.1) An authorised person who enters land under this part must give the owner and occupier of the land written notice about the entry— if the land is entered to carry out remediation activities or rehabilitation activities necessary to preserve life or property—within 10 business days after entering the land; or otherwise, if the land is an abandoned mine site or final rehabilitation site— at least 10 business days before entering the land; or a shorter period agreed by the owner and occupier.\n(sec.344F-ssec.2) The written notice must state the following— when the entry was made or is to be made; the purpose of the entry; if the notice relates to land other than affected land—that the authorised person is permitted under this Act to enter the land without consent or a warrant; the remediation activities or rehabilitation activities carried out or proposed to be carried out.\n- (a) if the land is entered to carry out remediation activities or rehabilitation activities necessary to preserve life or property—within 10 business days after entering the land; or\n- (b) otherwise, if the land is an abandoned mine site or final rehabilitation site— (i) at least 10 business days before entering the land; or (ii) a shorter period agreed by the owner and occupier.\n- (i) at least 10 business days before entering the land; or\n- (ii) a shorter period agreed by the owner and occupier.\n- (i) at least 10 business days before entering the land; or\n- (ii) a shorter period agreed by the owner and occupier.\n- (a) when the entry was made or is to be made;\n- (b) the purpose of the entry;\n- (c) if the notice relates to land other than affected land—that the authorised person is permitted under this Act to enter the land without consent or a warrant;\n- (d) the remediation activities or rehabilitation activities carried out or proposed to be carried out.","sortOrder":870},{"sectionNumber":"sec.344G","sectionType":"section","heading":"Consent of owner or occupier to enter affected land","content":"### sec.344G Consent of owner or occupier to enter affected land\n\nThis section applies if an authorised person intends to ask the owner or occupier of affected land for consent to enter the land.\nFor the purpose of asking the owner or occupier for the consent, the authorised person may, without the consent of the owner or occupier, or a warrant—\nenter land around premises at the affected land to an extent that is reasonable to contact an occupier of the affected land; or\nenter part of the affected land the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the affected land.\nWhen asking for the consent, the authorised person must tell the owner or occupier—\nabout the purpose of the entry; and\nthe proposed day, time and duration of the entry; and\nthat the owner or occupier is not required to consent; and\nthat the consent may be—\ngiven subject to reasonable conditions, other than a condition requiring compensation for the entry; and\nmay be withdrawn at any time.\nIf the owner or occupier gives the consent, the authorised person may ask the owner or occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe purpose of the entry, including the remediation activities to be carried out; and\nthe following has been explained to the owner or occupier—\nthe purpose of the entry, including the remediation activities to be carried out;\nthe proposed day, time and duration of the entry;\nthat the owner or occupier is not required to consent;\nthat the consent may be given subject to conditions, other than a condition requiring compensation for the entry, and may be withdrawn at any time; and\nthe owner or occupier gives the authorised person consent to enter the land and carry out the remediation activities; and\nthe day and time the consent was given; and\nany conditions of the consent.\nIf the owner or occupier signs the acknowledgement, the authorised person must give a copy of the acknowledgement to the owner and occupier.\ns 344G ins 2020 No. 14 s 147\n(sec.344G-ssec.1) This section applies if an authorised person intends to ask the owner or occupier of affected land for consent to enter the land.\n(sec.344G-ssec.2) For the purpose of asking the owner or occupier for the consent, the authorised person may, without the consent of the owner or occupier, or a warrant— enter land around premises at the affected land to an extent that is reasonable to contact an occupier of the affected land; or enter part of the affected land the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the affected land.\n(sec.344G-ssec.3) When asking for the consent, the authorised person must tell the owner or occupier— about the purpose of the entry; and the proposed day, time and duration of the entry; and that the owner or occupier is not required to consent; and that the consent may be— given subject to reasonable conditions, other than a condition requiring compensation for the entry; and may be withdrawn at any time.\n(sec.344G-ssec.4) If the owner or occupier gives the consent, the authorised person may ask the owner or occupier to sign an acknowledgement of the consent.\n(sec.344G-ssec.5) The acknowledgement must state— the purpose of the entry, including the remediation activities to be carried out; and the following has been explained to the owner or occupier— the purpose of the entry, including the remediation activities to be carried out; the proposed day, time and duration of the entry; that the owner or occupier is not required to consent; that the consent may be given subject to conditions, other than a condition requiring compensation for the entry, and may be withdrawn at any time; and the owner or occupier gives the authorised person consent to enter the land and carry out the remediation activities; and the day and time the consent was given; and any conditions of the consent.\n(sec.344G-ssec.6) If the owner or occupier signs the acknowledgement, the authorised person must give a copy of the acknowledgement to the owner and occupier.\n- (a) enter land around premises at the affected land to an extent that is reasonable to contact an occupier of the affected land; or\n- (b) enter part of the affected land the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the affected land.\n- (a) about the purpose of the entry; and\n- (b) the proposed day, time and duration of the entry; and\n- (c) that the owner or occupier is not required to consent; and\n- (d) that the consent may be— (i) given subject to reasonable conditions, other than a condition requiring compensation for the entry; and (ii) may be withdrawn at any time.\n- (i) given subject to reasonable conditions, other than a condition requiring compensation for the entry; and\n- (ii) may be withdrawn at any time.\n- (i) given subject to reasonable conditions, other than a condition requiring compensation for the entry; and\n- (ii) may be withdrawn at any time.\n- (a) the purpose of the entry, including the remediation activities to be carried out; and\n- (b) the following has been explained to the owner or occupier— (i) the purpose of the entry, including the remediation activities to be carried out; (ii) the proposed day, time and duration of the entry; (iii) that the owner or occupier is not required to consent; (iv) that the consent may be given subject to conditions, other than a condition requiring compensation for the entry, and may be withdrawn at any time; and\n- (i) the purpose of the entry, including the remediation activities to be carried out;\n- (ii) the proposed day, time and duration of the entry;\n- (iii) that the owner or occupier is not required to consent;\n- (iv) that the consent may be given subject to conditions, other than a condition requiring compensation for the entry, and may be withdrawn at any time; and\n- (c) the owner or occupier gives the authorised person consent to enter the land and carry out the remediation activities; and\n- (d) the day and time the consent was given; and\n- (e) any conditions of the consent.\n- (i) the purpose of the entry, including the remediation activities to be carried out;\n- (ii) the proposed day, time and duration of the entry;\n- (iii) that the owner or occupier is not required to consent;\n- (iv) that the consent may be given subject to conditions, other than a condition requiring compensation for the entry, and may be withdrawn at any time; and","sortOrder":871},{"sectionNumber":"sec.344H","sectionType":"section","heading":"Obligation of authorised person in carrying out activities","content":"### sec.344H Obligation of authorised person in carrying out activities\n\nAn authorised person who enters land under this part—\nmust not cause, or contribute to, unnecessary damage to any structure or works on the land; and\nmust take all reasonable steps to ensure the person causes as little inconvenience, and does as little other damage, as is practicable in the circumstances.\ns 344H ins 2020 No. 14 s 147\n- (a) must not cause, or contribute to, unnecessary damage to any structure or works on the land; and\n- (b) must take all reasonable steps to ensure the person causes as little inconvenience, and does as little other damage, as is practicable in the circumstances.","sortOrder":872},{"sectionNumber":"sec.344I","sectionType":"section","heading":"Report to owner and occupier after entry of affected land","content":"### sec.344I Report to owner and occupier after entry of affected land\n\nThis section applies if an authorised person enters affected land to carry out remediation activities with the consent of the owner and occupier of the land given under section 344G .\nThe authorised person must give the owner and occupier a report about the entry within 30 days after the entry ends.\nThe report must state—\nwhether or not remediation activities were carried out on the affected land; and\nif activities were carried out on the land—\nthe nature and extent of the activities; and\nwhere on the land the activities were carried out; and\nanother matter prescribed by regulation for the report.\nHowever, the authorised person is not required to give a report to the owner or occupier of the affected land under this section if the owner or occupier does not wish to receive the report.\ns 344I ins 2020 No. 14 s 147\n(sec.344I-ssec.1) This section applies if an authorised person enters affected land to carry out remediation activities with the consent of the owner and occupier of the land given under section 344G .\n(sec.344I-ssec.2) The authorised person must give the owner and occupier a report about the entry within 30 days after the entry ends.\n(sec.344I-ssec.3) The report must state— whether or not remediation activities were carried out on the affected land; and if activities were carried out on the land— the nature and extent of the activities; and where on the land the activities were carried out; and another matter prescribed by regulation for the report.\n(sec.344I-ssec.4) However, the authorised person is not required to give a report to the owner or occupier of the affected land under this section if the owner or occupier does not wish to receive the report.\n- (a) whether or not remediation activities were carried out on the affected land; and\n- (b) if activities were carried out on the land— (i) the nature and extent of the activities; and (ii) where on the land the activities were carried out; and\n- (i) the nature and extent of the activities; and\n- (ii) where on the land the activities were carried out; and\n- (c) another matter prescribed by regulation for the report.\n- (i) the nature and extent of the activities; and\n- (ii) where on the land the activities were carried out; and","sortOrder":873},{"sectionNumber":"ch.13-pt.4-div.3","sectionType":"division","heading":"Compensation","content":"## Compensation","sortOrder":874},{"sectionNumber":"sec.345","sectionType":"section","heading":"Compensation","content":"### sec.345 Compensation\n\nThe holder of an environmental authority who is authorised to enter land under section 344D must pay compensation to each owner of the land—\nin compliance with an agreement (a compensation agreement ) between the holder and each owner of the land; or\nas decided by the Land Court.\nA compensation agreement has no effect unless the agreement is—\nin writing; and\nsigned by or for the parties to the agreement; and\nfiled.\nAt any time before a compensation agreement is made, a person who could be a party to the agreement may apply in writing to the chief executive to have the Land Court decide the amount of compensation and the terms, conditions and times of its payment.\nIf a person applies to the chief executive under subsection (3) , the chief executive must refer the issue of compensation to the Land Court for its decision.\ns 345 prev s 345 ins 1995 No. 21 s 95\namd 1996 No. 37 s 147 sch 2\nom 1999 No. 7 s 87 sch 3\npres s 345 ins 2016 No. 32 s 30\namd 2018 No. 24 s 150 ; 2020 No. 14 s 218 sch 1\n(sec.345-ssec.1) The holder of an environmental authority who is authorised to enter land under section 344D must pay compensation to each owner of the land— in compliance with an agreement (a compensation agreement ) between the holder and each owner of the land; or as decided by the Land Court.\n(sec.345-ssec.2) A compensation agreement has no effect unless the agreement is— in writing; and signed by or for the parties to the agreement; and filed.\n(sec.345-ssec.3) At any time before a compensation agreement is made, a person who could be a party to the agreement may apply in writing to the chief executive to have the Land Court decide the amount of compensation and the terms, conditions and times of its payment.\n(sec.345-ssec.4) If a person applies to the chief executive under subsection (3) , the chief executive must refer the issue of compensation to the Land Court for its decision.\n- (a) in compliance with an agreement (a compensation agreement ) between the holder and each owner of the land; or\n- (b) as decided by the Land Court.\n- (a) in writing; and\n- (b) signed by or for the parties to the agreement; and\n- (c) filed.","sortOrder":875},{"sectionNumber":"sec.346","sectionType":"section","heading":"Land Court’s decision about compensation","content":"### sec.346 Land Court’s decision about compensation\n\nThis section applies if the chief executive refers a matter to the Land Court under section 345 (4) .\nThe Land Court must fix a date for the hearing and immediately give written notice of the date to—\nthe chief executive; and\neach person mentioned in section 345 (1) (a) .\nThe date for the hearing must be at least 20 business days after the day it is fixed.\nThe Land Court must settle the amount of compensation an owner of land is entitled to as compensation for the matters mentioned in section 281 (3) (a) (i) to (vi) as a consequence of the grant of the authorisation to enter the land.\nIn assessing the amount of compensation payable, section 281 (4) (a) to (e) applies—\nas if the reference in section 281 (4) (c) to the application for the grant of the mining lease were a reference to the grant of the authorisation to enter the land; and\nas if the reference in section 281 (4) (d) to the lodgement of the relevant application for the grant of a mining lease were a reference to the grant of the authorisation to enter the land; and\nas if the reference in section 281 (4) (e) to subsection (3) were a reference to subsection (2) of this section; and\nwith any other changes the Land Court considers necessary.\nSection 281 (5) , (6) and (7) applies in relation to the Land Court’s decision about compensation.\ns 346 prev s 346 ins 1995 No. 21 s 95\nom 1999 No. 7 s 87 sch 3\npres s 346 ins 2016 No. 32 s 30\namd 2018 No. 24 s 151\n(sec.346-ssec.1) This section applies if the chief executive refers a matter to the Land Court under section 345 (4) .\n(sec.346-ssec.2) The Land Court must fix a date for the hearing and immediately give written notice of the date to— the chief executive; and each person mentioned in section 345 (1) (a) .\n(sec.346-ssec.3) The date for the hearing must be at least 20 business days after the day it is fixed.\n(sec.346-ssec.4) The Land Court must settle the amount of compensation an owner of land is entitled to as compensation for the matters mentioned in section 281 (3) (a) (i) to (vi) as a consequence of the grant of the authorisation to enter the land.\n(sec.346-ssec.5) In assessing the amount of compensation payable, section 281 (4) (a) to (e) applies— as if the reference in section 281 (4) (c) to the application for the grant of the mining lease were a reference to the grant of the authorisation to enter the land; and as if the reference in section 281 (4) (d) to the lodgement of the relevant application for the grant of a mining lease were a reference to the grant of the authorisation to enter the land; and as if the reference in section 281 (4) (e) to subsection (3) were a reference to subsection (2) of this section; and with any other changes the Land Court considers necessary.\n(sec.346-ssec.6) Section 281 (5) , (6) and (7) applies in relation to the Land Court’s decision about compensation.\n- (a) the chief executive; and\n- (b) each person mentioned in section 345 (1) (a) .\n- (a) as if the reference in section 281 (4) (c) to the application for the grant of the mining lease were a reference to the grant of the authorisation to enter the land; and\n- (b) as if the reference in section 281 (4) (d) to the lodgement of the relevant application for the grant of a mining lease were a reference to the grant of the authorisation to enter the land; and\n- (c) as if the reference in section 281 (4) (e) to subsection (3) were a reference to subsection (2) of this section; and\n- (d) with any other changes the Land Court considers necessary.","sortOrder":876},{"sectionNumber":"sec.347","sectionType":"section","heading":"Application of particular provisions about compensation","content":"### sec.347 Application of particular provisions about compensation\n\nSection 282 applies in relation to a decision of the Land Court about compensation under this part as if the reference in section 282 (1) to section 281 were a reference to section 346 .\nSection 283 applies in relation to an agreement or decision about compensation under this part as if a reference in that section to section 279 , 280 , 281 or 282 included a reference to section 345 or 346 .\ns 347 prev s 347 ins 1995 No. 21 s 95\nom 1999 No. 7 s 87 sch 3\npres s 347 ins 2016 No. 32 s 30\n(sec.347-ssec.1) Section 282 applies in relation to a decision of the Land Court about compensation under this part as if the reference in section 282 (1) to section 281 were a reference to section 346 .\n(sec.347-ssec.2) Section 283 applies in relation to an agreement or decision about compensation under this part as if a reference in that section to section 279 , 280 , 281 or 282 included a reference to section 345 or 346 .","sortOrder":877},{"sectionNumber":"sec.348","sectionType":"section","heading":"Liability for payment of compensation to native title holders","content":"### sec.348 Liability for payment of compensation to native title holders\n\nThis section applies if compensation is payable under the Native Title Act 1993 (Cwlth) to native title holders for the grant of an authorisation to enter land under section 344D .\nThe person liable to pay the compensation is the holder of the environmental authority who is authorised under section 344D to enter the land.\nIn this section—\nnative title holders see the Native Title Act 1993 (Cwlth) , section 224 .\ns 348 prev s 348 ins 1995 No. 21 s 95\namd 1996 No. 37 s 147 sch 2\nom 1999 No. 7 s 87 sch 3\npres s 348 ins 2016 No. 32 s 30\namd 2020 No. 14 s 218 sch 1\n(sec.348-ssec.1) This section applies if compensation is payable under the Native Title Act 1993 (Cwlth) to native title holders for the grant of an authorisation to enter land under section 344D .\n(sec.348-ssec.2) The person liable to pay the compensation is the holder of the environmental authority who is authorised under section 344D to enter the land.\n(sec.348-ssec.3) In this section— native title holders see the Native Title Act 1993 (Cwlth) , section 224 .","sortOrder":878},{"sectionNumber":"ch.13-pt.5","sectionType":"part","heading":"The Land Court","content":"# The Land Court","sortOrder":879},{"sectionNumber":"sec.349","sectionType":"section","heading":null,"content":"### Section sec.349\n\ns 349 ins 1995 No. 21 s 95\nom 1999 No. 7 s 87 sch 3","sortOrder":880},{"sectionNumber":"sec.350","sectionType":"section","heading":null,"content":"### Section sec.350\n\ns 350 ins 1995 No. 21 s 95\nom 1999 No. 7 s 87 sch 3","sortOrder":881},{"sectionNumber":"sec.351","sectionType":"section","heading":null,"content":"### Section sec.351\n\ns 351 ins 1995 No. 21 s 95\nom 1999 No. 7 s 87 sch 3","sortOrder":882},{"sectionNumber":"sec.352","sectionType":"section","heading":null,"content":"### Section sec.352\n\ns 352 ins 1995 No. 21 s 95\nom 1999 No. 7 s 87 sch 3","sortOrder":883},{"sectionNumber":"sec.10.9I","sectionType":"section","heading":null,"content":"### Section sec.10.9I\n\ns 10.9I ins 1995 No. 21 s 95\nexp 2 May 1995 (see s 10.9I(3))","sortOrder":884},{"sectionNumber":"sec.353","sectionType":"section","heading":null,"content":"### Section sec.353\n\ns 353 om 1999 No. 7 s 87 sch 3","sortOrder":885},{"sectionNumber":"sec.354","sectionType":"section","heading":null,"content":"### Section sec.354\n\ns 354 om 1999 No. 7 s 87 sch 3","sortOrder":886},{"sectionNumber":"sec.355","sectionType":"section","heading":null,"content":"### Section sec.355\n\ns 355 om 1999 No. 7 s 87 sch 3","sortOrder":887},{"sectionNumber":"sec.10.13","sectionType":"section","heading":null,"content":"### Section sec.10.13\n\ns 10.13 om 1995 No. 21 s 96","sortOrder":888},{"sectionNumber":"sec.356","sectionType":"section","heading":null,"content":"### Section sec.356\n\ns 356 amd 1995 No. 21 s 3 sch\nom 1999 No. 7 s 87 sch 3","sortOrder":889},{"sectionNumber":"sec.357","sectionType":"section","heading":null,"content":"### Section sec.357\n\ns 357 om 1999 No. 7 s 87 sch 3","sortOrder":890},{"sectionNumber":"sec.358","sectionType":"section","heading":null,"content":"### Section sec.358\n\ns 358 ins 1995 No. 21 s 97\nom 1999 No. 7 s 87 sch 3","sortOrder":891},{"sectionNumber":"sec.359","sectionType":"section","heading":null,"content":"### Section sec.359\n\ns 359 om 1999 No. 7 s 87 sch 3","sortOrder":892},{"sectionNumber":"sec.360","sectionType":"section","heading":null,"content":"### Section sec.360\n\ns 360 om 1999 No. 7 s 87 sch 3","sortOrder":893},{"sectionNumber":"sec.361","sectionType":"section","heading":null,"content":"### Section sec.361\n\ns 361 om 1999 No. 7 s 87 sch 3","sortOrder":894},{"sectionNumber":"sec.362","sectionType":"section","heading":null,"content":"### Section sec.362\n\ns 362 om 1999 No. 7 s 87 sch 3","sortOrder":895},{"sectionNumber":"sec.363","sectionType":"section","heading":"Substantive jurisdiction","content":"### sec.363 Substantive jurisdiction\n\nThe Land Court shall have jurisdiction to hear and determine actions, suits and proceedings arising in relation to prospecting, exploration or mining, to any activity under section 386V , or to any permit, claim, licence or lease granted or issued under this Act or any other Act relating to mining.\nWithout limiting the generality of subsection (1) , the Land Court shall have jurisdiction to hear and determine actions, suits and proceedings with respect to—\nthe right to possession of or other interest or share in any mining claim, exploration permit, mineral development licence or mining lease; and\nthe rights and entitlements to minerals mined under any mining tenement or other authority granted under this Act or any other Act relating to mining and to the products of mining; and\nthe area, dimensions and boundaries of land (including the surface area of land) the subject of a mining tenement; and\nany encroachment or trespass upon or interference with or damage to land the subject of a prospecting permit, mining claim, exploration permit, mineral development licence, mining lease or other authority granted under this Act, or to land entered under section 386V , or to the buildings, plant, machinery or equipment thereon; and\nany matter arising between applicants or holders in relation to prospecting, exploring or mining, or arising between applicants or holders and owners of land in relation to prospecting, exploring or mining; and\nany dispute or other matter arising between persons identified in native title protection conditions as an explorer or as a native title party, if the conditions—\nunder section 25AA , are included in the conditions imposed on a prospecting permit; or\nunder section 141AA , are included in the conditions determined for an exploration permit; or\nunder section 194AAA , are included in the conditions determined for a mineral development licence; and\nany dispute or other matter arising between a person carrying out an activity under section 386V on land and the owner or occupier of the land; and\nany determination or review of compensation as provided for under this Act or any other Act relating to mining; and\nthe enforcement of any agreement or determination as to compensation under this Act or any other Act relating to mining; and\nany assessment of damage, injury or loss arising from activities purported to have been carried on under the authority of this Act, including under section 386V , or any other Act relating to mining; and\nan authorisation to enter land under section 344D ; and\nany application required by this Act or any Act relating to mining to be made or heard in the Land Court.\nThe Land Court also has jurisdiction to hear and determine actions, suits and proceedings with respect to any demand for debt or damages arising out of or made in respect of—\nthe carrying on of prospecting, exploring or mining; or\nany agreement relating to prospecting, exploring or mining; or\nthe carrying out of an activity under section 386V .\nThis section does not confer jurisdiction on the Land Court in relation to the recovery of wages or amounts owing under an industrial award or agreement.\ns 363 amd 1990 No. 30 s 38 ; 1995 No. 21 s  98 ; 1999 No. 7 s 87 sch 3 ; 2000 No. 64 ss 162 , 174 sch ; 2003 No. 77 s 101 ; 2007 No. 39 s 41 sch ; 2016 No. 32 s 31 ; 2014 No. 47 s 458B (amd 2016 No. 30 s 100 ); 2017 No. 28 s 30 ; 2020 No. 14 s 218 sch 1\n(sec.363-ssec.1) The Land Court shall have jurisdiction to hear and determine actions, suits and proceedings arising in relation to prospecting, exploration or mining, to any activity under section 386V , or to any permit, claim, licence or lease granted or issued under this Act or any other Act relating to mining.\n(sec.363-ssec.2) Without limiting the generality of subsection (1) , the Land Court shall have jurisdiction to hear and determine actions, suits and proceedings with respect to— the right to possession of or other interest or share in any mining claim, exploration permit, mineral development licence or mining lease; and the rights and entitlements to minerals mined under any mining tenement or other authority granted under this Act or any other Act relating to mining and to the products of mining; and the area, dimensions and boundaries of land (including the surface area of land) the subject of a mining tenement; and any encroachment or trespass upon or interference with or damage to land the subject of a prospecting permit, mining claim, exploration permit, mineral development licence, mining lease or other authority granted under this Act, or to land entered under section 386V , or to the buildings, plant, machinery or equipment thereon; and any matter arising between applicants or holders in relation to prospecting, exploring or mining, or arising between applicants or holders and owners of land in relation to prospecting, exploring or mining; and any dispute or other matter arising between persons identified in native title protection conditions as an explorer or as a native title party, if the conditions— under section 25AA , are included in the conditions imposed on a prospecting permit; or under section 141AA , are included in the conditions determined for an exploration permit; or under section 194AAA , are included in the conditions determined for a mineral development licence; and any dispute or other matter arising between a person carrying out an activity under section 386V on land and the owner or occupier of the land; and any determination or review of compensation as provided for under this Act or any other Act relating to mining; and the enforcement of any agreement or determination as to compensation under this Act or any other Act relating to mining; and any assessment of damage, injury or loss arising from activities purported to have been carried on under the authority of this Act, including under section 386V , or any other Act relating to mining; and an authorisation to enter land under section 344D ; and any application required by this Act or any Act relating to mining to be made or heard in the Land Court.\n(sec.363-ssec.3) The Land Court also has jurisdiction to hear and determine actions, suits and proceedings with respect to any demand for debt or damages arising out of or made in respect of— the carrying on of prospecting, exploring or mining; or any agreement relating to prospecting, exploring or mining; or the carrying out of an activity under section 386V .\n(sec.363-ssec.4) This section does not confer jurisdiction on the Land Court in relation to the recovery of wages or amounts owing under an industrial award or agreement.\n- (a) the right to possession of or other interest or share in any mining claim, exploration permit, mineral development licence or mining lease; and\n- (b) the rights and entitlements to minerals mined under any mining tenement or other authority granted under this Act or any other Act relating to mining and to the products of mining; and\n- (c) the area, dimensions and boundaries of land (including the surface area of land) the subject of a mining tenement; and\n- (d) any encroachment or trespass upon or interference with or damage to land the subject of a prospecting permit, mining claim, exploration permit, mineral development licence, mining lease or other authority granted under this Act, or to land entered under section 386V , or to the buildings, plant, machinery or equipment thereon; and\n- (e) any matter arising between applicants or holders in relation to prospecting, exploring or mining, or arising between applicants or holders and owners of land in relation to prospecting, exploring or mining; and\n- (ea) any dispute or other matter arising between persons identified in native title protection conditions as an explorer or as a native title party, if the conditions— (i) under section 25AA , are included in the conditions imposed on a prospecting permit; or (ii) under section 141AA , are included in the conditions determined for an exploration permit; or (iii) under section 194AAA , are included in the conditions determined for a mineral development licence; and\n- (i) under section 25AA , are included in the conditions imposed on a prospecting permit; or\n- (ii) under section 141AA , are included in the conditions determined for an exploration permit; or\n- (iii) under section 194AAA , are included in the conditions determined for a mineral development licence; and\n- (eb) any dispute or other matter arising between a person carrying out an activity under section 386V on land and the owner or occupier of the land; and\n- (f) any determination or review of compensation as provided for under this Act or any other Act relating to mining; and\n- (g) the enforcement of any agreement or determination as to compensation under this Act or any other Act relating to mining; and\n- (h) any assessment of damage, injury or loss arising from activities purported to have been carried on under the authority of this Act, including under section 386V , or any other Act relating to mining; and\n- (ha) an authorisation to enter land under section 344D ; and\n- (i) any application required by this Act or any Act relating to mining to be made or heard in the Land Court.\n- (i) under section 25AA , are included in the conditions imposed on a prospecting permit; or\n- (ii) under section 141AA , are included in the conditions determined for an exploration permit; or\n- (iii) under section 194AAA , are included in the conditions determined for a mineral development licence; and\n- (a) the carrying on of prospecting, exploring or mining; or\n- (b) any agreement relating to prospecting, exploring or mining; or\n- (c) the carrying out of an activity under section 386V .","sortOrder":896},{"sectionNumber":"sec.364","sectionType":"section","heading":"Application for interim orders by remote means","content":"### sec.364 Application for interim orders by remote means\n\nWhere by reason of distance, urgency or other circumstances affecting a particular case, it is impracticable for a party to a cause or matter within the jurisdiction, under this Act, of the Land Court to make application to the Land Court for an order for the detention or preservation of any property or thing, being the subject matter of the litigation or as to which any question may arise therein, the party may make the application to the chief executive in the same manner that an application could be made to the Land Court.\nWhere an application is made pursuant to subsection (1) to the chief executive, the chief executive shall forthwith advise the Land Court (whether by means of telephone, radio, telex, facsimile transmission or other facility for distance communication) of the application and of all relevant details and any supporting evidence produced to the chief executive in respect of the application.\nOn the giving of the advice under subsection (2) , the Land Court may make any order it could have made had the application been made in its presence.\nUpon making an order pursuant to subsection (3) the Land Court shall forthwith inform the chief executive by like means referred to in subsection (2) of the order and the chief executive must, as soon as practicable, give each party a copy of the order.\nThe order must state the day and place that the order was made.\ns 364 amd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch ; 2013 No. 10 s 193 sch 1\n(sec.364-ssec.1) Where by reason of distance, urgency or other circumstances affecting a particular case, it is impracticable for a party to a cause or matter within the jurisdiction, under this Act, of the Land Court to make application to the Land Court for an order for the detention or preservation of any property or thing, being the subject matter of the litigation or as to which any question may arise therein, the party may make the application to the chief executive in the same manner that an application could be made to the Land Court.\n(sec.364-ssec.2) Where an application is made pursuant to subsection (1) to the chief executive, the chief executive shall forthwith advise the Land Court (whether by means of telephone, radio, telex, facsimile transmission or other facility for distance communication) of the application and of all relevant details and any supporting evidence produced to the chief executive in respect of the application.\n(sec.364-ssec.3) On the giving of the advice under subsection (2) , the Land Court may make any order it could have made had the application been made in its presence.\n(sec.364-ssec.4) Upon making an order pursuant to subsection (3) the Land Court shall forthwith inform the chief executive by like means referred to in subsection (2) of the order and the chief executive must, as soon as practicable, give each party a copy of the order.\n(sec.364-ssec.5) The order must state the day and place that the order was made.","sortOrder":897},{"sectionNumber":"sec.365","sectionType":"section","heading":null,"content":"### Section sec.365\n\ns 365 amd 1999 No. 19 s 3 sch\nom 1999 No. 7 s 87 sch 3","sortOrder":898},{"sectionNumber":"sec.366","sectionType":"section","heading":null,"content":"### Section sec.366\n\ns 366 amd 1999 No. 19 s 3 sch\nom 1999 No. 7 s 87 sch 3","sortOrder":899},{"sectionNumber":"sec.367","sectionType":"section","heading":null,"content":"### Section sec.367\n\ns 367 amd 1992 No. 68 s 3 sch 1 ; 1995 No. 21 s 3 sch\nom 1999 No. 7 s 87 sch 3","sortOrder":900},{"sectionNumber":"sec.368","sectionType":"section","heading":null,"content":"### Section sec.368\n\ns 368 amd 1997 No. 14 s 19 ; 1999 No. 19 s 3 sch\nom 1999 No. 7 s 87 sch 3","sortOrder":901},{"sectionNumber":"sec.369","sectionType":"section","heading":null,"content":"### Section sec.369\n\ns 369 om 1999 No. 7 s 87 sch 3","sortOrder":902},{"sectionNumber":"sec.370","sectionType":"section","heading":"Jurisdiction of Supreme Court","content":"### sec.370 Jurisdiction of Supreme Court\n\nThe Supreme Court has jurisdiction to hear and determine any proceeding challenging or otherwise relating to the validity of any grant that has been made pursuant to this Act or any Act repealed by this Act or any other Act relating to mining and, notwithstanding any other Act or law, that proceeding shall be heard and determined in that court only.\nIt is immaterial that the Crown is not a party to the proceeding.\nIf the grant in question is declared by the Supreme Court to be invalid, the declaration binds the Crown and a copy of the judgment or order of the court in respect thereof shall be served by the party who benefits from that declaration on the chief executive within 15 business days from the date of that judgment or order.\ns 370 amd 2005 No. 8 s 2 sch\n(sec.370-ssec.1) The Supreme Court has jurisdiction to hear and determine any proceeding challenging or otherwise relating to the validity of any grant that has been made pursuant to this Act or any Act repealed by this Act or any other Act relating to mining and, notwithstanding any other Act or law, that proceeding shall be heard and determined in that court only.\n(sec.370-ssec.2) It is immaterial that the Crown is not a party to the proceeding.\n(sec.370-ssec.3) If the grant in question is declared by the Supreme Court to be invalid, the declaration binds the Crown and a copy of the judgment or order of the court in respect thereof shall be served by the party who benefits from that declaration on the chief executive within 15 business days from the date of that judgment or order.","sortOrder":903},{"sectionNumber":"sec.371","sectionType":"section","heading":null,"content":"### Section sec.371\n\ns 371 amd 1990 No. 30 s 39 ; 1995 No. 21 s 3 sch\nom 1999 No. 7 s 87 sch 3","sortOrder":904},{"sectionNumber":"sec.372","sectionType":"section","heading":null,"content":"### Section sec.372\n\ns 372 amd 1995 No. 21 s 3 sch\nom 1999 No. 7 s 87 sch 3","sortOrder":905},{"sectionNumber":"sec.373","sectionType":"section","heading":null,"content":"### Section sec.373\n\ns 373 amd 1991 No. 68 s 111 sch 2\nom 1999 No. 7 s 87 sch 3","sortOrder":906},{"sectionNumber":"sec.374","sectionType":"section","heading":null,"content":"### Section sec.374\n\ns 374 om 1999 No. 7 s 87 sch 3","sortOrder":907},{"sectionNumber":"sec.375","sectionType":"section","heading":null,"content":"### Section sec.375\n\ns 375 om 1999 No. 7 s 87 sch 3","sortOrder":908},{"sectionNumber":"sec.376","sectionType":"section","heading":null,"content":"### Section sec.376\n\ns 376 amd 1995 No. 21 s 99\nom 1999 No. 7 s 87 sch 3","sortOrder":909},{"sectionNumber":"sec.377","sectionType":"section","heading":null,"content":"### Section sec.377\n\ns 377 amd 1999 No. 19 s 3 sch\nom 1999 No. 7 s 87 sch 3","sortOrder":910},{"sectionNumber":"sec.378","sectionType":"section","heading":"Power to order deposit of mineral etc.","content":"### sec.378 Power to order deposit of mineral etc.\n\nAt any stage after proceedings, under this Act, before the Land Court have been commenced, the Land Court may, upon an application duly made by a party thereto and subject to such terms as to costs or otherwise as the Land Court thinks fit, direct a party to that proceeding having possession, custody or control of any money, mineral, chattel, ore or other thing or which may later come into the possession, custody or control of that party to deposit it in accordance with the order with such person at the place and upon the terms specified in the order to abide the determination of the proceeding or in the event of an appeal from that determination, the judgment on the appeal.\nAn application referred to in subsection (1) is not duly made if the Land Court is not satisfied that the applicant has given at least 12 hours notice that the applicant proposes to make the application to—\nall parties to the proceeding who may wish to oppose the application; or\nsuch of the parties referred to in paragraph (a) as, in the opinion of the Land Court, are sufficiently representative of all those parties.\nWhere an appeal is lodged against a determination of a proceeding determined by the Land Court, for the purposes of subsection (1) , that proceeding is not determined until judgment on the appeal.\nAn order made under subsection (1) shall specify—\nthe person with whom; and\nthe place at which; and\nthe time or times within which; and\nthe terms upon which;\nany money, mineral, chattel, ore or other thing specified in the order must be deposited.\ns 378 amd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch ; 2012 No. 20 s 125 sch 1\n(sec.378-ssec.1) At any stage after proceedings, under this Act, before the Land Court have been commenced, the Land Court may, upon an application duly made by a party thereto and subject to such terms as to costs or otherwise as the Land Court thinks fit, direct a party to that proceeding having possession, custody or control of any money, mineral, chattel, ore or other thing or which may later come into the possession, custody or control of that party to deposit it in accordance with the order with such person at the place and upon the terms specified in the order to abide the determination of the proceeding or in the event of an appeal from that determination, the judgment on the appeal.\n(sec.378-ssec.2) An application referred to in subsection (1) is not duly made if the Land Court is not satisfied that the applicant has given at least 12 hours notice that the applicant proposes to make the application to— all parties to the proceeding who may wish to oppose the application; or such of the parties referred to in paragraph (a) as, in the opinion of the Land Court, are sufficiently representative of all those parties.\n(sec.378-ssec.3) Where an appeal is lodged against a determination of a proceeding determined by the Land Court, for the purposes of subsection (1) , that proceeding is not determined until judgment on the appeal.\n(sec.378-ssec.4) An order made under subsection (1) shall specify— the person with whom; and the place at which; and the time or times within which; and the terms upon which; any money, mineral, chattel, ore or other thing specified in the order must be deposited.\n- (a) all parties to the proceeding who may wish to oppose the application; or\n- (b) such of the parties referred to in paragraph (a) as, in the opinion of the Land Court, are sufficiently representative of all those parties.\n- (a) the person with whom; and\n- (b) the place at which; and\n- (c) the time or times within which; and\n- (d) the terms upon which;","sortOrder":911},{"sectionNumber":"sec.379","sectionType":"section","heading":null,"content":"### Section sec.379\n\ns 379 om 1999 No. 7 s 87 sch 3","sortOrder":912},{"sectionNumber":"sec.380","sectionType":"section","heading":"Land Court may order survey","content":"### sec.380 Land Court may order survey\n\nIf, at any time before or during the hearing for a proceeding, under this Act, in the Land Court, it appears to the Land Court that it is necessary for the proper determination of the proceeding that a survey be made of any land, water, stack or other accumulation of ore, buildings or any other thing the Land Court may order any party to the proceeding as, to it, appears just to cause the survey to be made and the costs of or incidental to the survey shall be costs in the proceeding and shall be paid as the Land Court orders.\ns 380 amd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch","sortOrder":913},{"sectionNumber":"sec.381","sectionType":"section","heading":"Power of Land Court to order surrender of minerals","content":"### sec.381 Power of Land Court to order surrender of minerals\n\nThe Land Court may, upon determining any proceeding before it, order that a person ordered by the Land Court to pay any amount in respect of a debt, damages or costs shall, within the time appointed by the Land Court, deliver to the party to whom payment is ordered to be made or to the Land Court itself for delivery to such party any ore or mineral in the possession of and being the property of that person in satisfaction or part satisfaction of the amount ordered to be paid and for this purpose may fix a value of that which is ordered to be delivered.\nAn order made under subsection (1) shall not prejudice the recovery of the amount ordered to be paid by any other process or, where delivery of ore or mineral is made in part satisfaction of the amount ordered to be paid, the recovery of the balance of that amount.\ns 381 amd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch\npt 10 div 3 hdg om 1999 No. 7 s 87 sch 3\n(sec.381-ssec.1) The Land Court may, upon determining any proceeding before it, order that a person ordered by the Land Court to pay any amount in respect of a debt, damages or costs shall, within the time appointed by the Land Court, deliver to the party to whom payment is ordered to be made or to the Land Court itself for delivery to such party any ore or mineral in the possession of and being the property of that person in satisfaction or part satisfaction of the amount ordered to be paid and for this purpose may fix a value of that which is ordered to be delivered.\n(sec.381-ssec.2) An order made under subsection (1) shall not prejudice the recovery of the amount ordered to be paid by any other process or, where delivery of ore or mineral is made in part satisfaction of the amount ordered to be paid, the recovery of the balance of that amount.","sortOrder":914},{"sectionNumber":"ch.13-pt.6","sectionType":"part","heading":"Releasing required information","content":"# Releasing required information","sortOrder":915},{"sectionNumber":"sec.382","sectionType":"section","heading":"Public release of required information","content":"### sec.382 Public release of required information\n\nThe holder of a mining tenement is taken to authorise the chief executive to do the following in relation to required information for the tenement—\nto publish, in the way prescribed by regulation, the information for public use;\nto make the information available to a person on payment of the fee prescribed by regulation.\nSubsections (3) to (6) apply if a confidentiality period is prescribed by regulation for the required information.\nSubsection (1) does not apply in relation to the required information until the confidentiality period ends.\nSubsection (5) applies if—\nthe required information is about an authorised activity carried out only in an area that stops being in the area of the mining tenement; and\nimmediately before the area stops being in the area of the mining tenement, the confidentiality period has not ended.\nThe confidentiality period ends when the area stops being in the area of the mining tenement.\nThe required information is a seismic survey carried out on particular land in the area of an exploration permit. The land has stopped being in the permit’s area under section 139 . A confidentiality period for the required information ends when the land stops being in the permit’s area.\nHowever, subsection (5) does not apply if—\nthe mining tenement is an exploration permit and, after the commencement of this subsection, the area stops being in the permit’s area under section 177 ; or\nthe mining tenement is a mineral development licence and, after the commencement of this subsection, the area stops being in the licence’s area under section 226A .\nAn authorisation under subsection (1) is not affected by the ending of the mining tenement.\ns 382 ins 2018 No. 24 s 152\nsub 2024 No. 33 s 146\n(sec.382-ssec.1) The holder of a mining tenement is taken to authorise the chief executive to do the following in relation to required information for the tenement— to publish, in the way prescribed by regulation, the information for public use; to make the information available to a person on payment of the fee prescribed by regulation.\n(sec.382-ssec.2) Subsections (3) to (6) apply if a confidentiality period is prescribed by regulation for the required information.\n(sec.382-ssec.3) Subsection (1) does not apply in relation to the required information until the confidentiality period ends.\n(sec.382-ssec.4) Subsection (5) applies if— the required information is about an authorised activity carried out only in an area that stops being in the area of the mining tenement; and immediately before the area stops being in the area of the mining tenement, the confidentiality period has not ended.\n(sec.382-ssec.5) The confidentiality period ends when the area stops being in the area of the mining tenement. The required information is a seismic survey carried out on particular land in the area of an exploration permit. The land has stopped being in the permit’s area under section 139 . A confidentiality period for the required information ends when the land stops being in the permit’s area.\n(sec.382-ssec.6) However, subsection (5) does not apply if— the mining tenement is an exploration permit and, after the commencement of this subsection, the area stops being in the permit’s area under section 177 ; or the mining tenement is a mineral development licence and, after the commencement of this subsection, the area stops being in the licence’s area under section 226A .\n(sec.382-ssec.7) An authorisation under subsection (1) is not affected by the ending of the mining tenement.\n- (a) to publish, in the way prescribed by regulation, the information for public use;\n- (b) to make the information available to a person on payment of the fee prescribed by regulation.\n- (a) the required information is about an authorised activity carried out only in an area that stops being in the area of the mining tenement; and\n- (b) immediately before the area stops being in the area of the mining tenement, the confidentiality period has not ended.\n- (a) the mining tenement is an exploration permit and, after the commencement of this subsection, the area stops being in the permit’s area under section 177 ; or\n- (b) the mining tenement is a mineral development licence and, after the commencement of this subsection, the area stops being in the licence’s area under section 226A .","sortOrder":916},{"sectionNumber":"sec.383","sectionType":"section","heading":"Chief executive may use required information","content":"### sec.383 Chief executive may use required information\n\nA holder of a mining tenement is taken to authorise the chief executive to use the required information for the mining tenement for—\npurposes reasonably related to this Act; and\nthe services of the State.\nThe authorisation is not affected by the ending of the mining tenement.\ns 383 ins 2018 No. 24 s 152\namd 2024 No. 33 s 183 s ch 1 pt 2\n(sec.383-ssec.1) A holder of a mining tenement is taken to authorise the chief executive to use the required information for the mining tenement for— purposes reasonably related to this Act; and the services of the State.\n(sec.383-ssec.2) The authorisation is not affected by the ending of the mining tenement.\n- (a) purposes reasonably related to this Act; and\n- (b) the services of the State.","sortOrder":917},{"sectionNumber":"ch.15-pt.1","sectionType":"part","heading":"General transitional provision","content":"# General transitional provision","sortOrder":918},{"sectionNumber":"sec.723AA","sectionType":"section","heading":"References to repealed Acts","content":"### sec.723AA References to repealed Acts\n\nA reference in an Act or document to the following Acts is taken to be a reference to this Act—\nMining Act 1898 62 Vic No. 24\nMining Act 1968 No. 51.\ns 723AA (prev s 418) ins 1995 No. 21 s 105\nreloc and renum 2012 No. 20 s 312\n- • Mining Act 1898 62 Vic No. 24\n- • Mining Act 1968 No. 51.","sortOrder":919},{"sectionNumber":"ch.15-pt.2","sectionType":"part","heading":"Transitional provisions before Mines Legislation (Streamlining) Amendment Act 2012","content":"# Transitional provisions before Mines Legislation (Streamlining) Amendment Act 2012","sortOrder":920},{"sectionNumber":"ch.15-pt.2-div.1","sectionType":"division","heading":"Transitional provisions for Act No. 27 of 1998","content":"## Transitional provisions for Act No. 27 of 1998","sortOrder":921},{"sectionNumber":"sec.723","sectionType":"section","heading":"At Risk agreement conditions","content":"### sec.723 At Risk agreement conditions\n\nThis section applies to the following—\na mining lease granted under the repealed Mining Act 1968 , No. 51;\na mineral development licence or mining lease granted before the commencement of the Mineral Resources Amendment Act 1998 .\nTo remove doubt, a condition contained in the licence or lease requiring the holder to comply with the At Risk agreement is and always was a valid condition.\ns 723 ins 1998 No. 27 s 9\n(prev s 419) renum 1998 No. 38 s 11 (amd 1999 No. 35 s 55 )\n(sec.723-ssec.1) This section applies to the following— a mining lease granted under the repealed Mining Act 1968 , No. 51; a mineral development licence or mining lease granted before the commencement of the Mineral Resources Amendment Act 1998 .\n(sec.723-ssec.2) To remove doubt, a condition contained in the licence or lease requiring the holder to comply with the At Risk agreement is and always was a valid condition.\n- (a) a mining lease granted under the repealed Mining Act 1968 , No. 51;\n- (b) a mineral development licence or mining lease granted before the commencement of the Mineral Resources Amendment Act 1998 .","sortOrder":922},{"sectionNumber":"sec.724","sectionType":"section","heading":"Application of Mineral Resources Amendment Act 1998","content":"### sec.724 Application of Mineral Resources Amendment Act 1998\n\nThis section applies to the following if they were subject to a condition requiring the holder to comply with the At Risk agreement—\na mining lease granted under the repealed Mining Act 1968 ;\na mineral development licence or mining lease granted before the commencement of the Mineral Resources Amendment Act 1998 .\nTo remove doubt, sections 194A and 278A, inserted by the Mineral Resources Amendment Act 1998 , apply to the lease or licence.\ns 724 ins 1998 No. 27 s 9\n(prev s 420) renum 1998 No. 38 s 11 (amd 1999 No. 35 s 55 )\n(sec.724-ssec.1) This section applies to the following if they were subject to a condition requiring the holder to comply with the At Risk agreement— a mining lease granted under the repealed Mining Act 1968 ; a mineral development licence or mining lease granted before the commencement of the Mineral Resources Amendment Act 1998 .\n(sec.724-ssec.2) To remove doubt, sections 194A and 278A, inserted by the Mineral Resources Amendment Act 1998 , apply to the lease or licence.\n- (a) a mining lease granted under the repealed Mining Act 1968 ;\n- (b) a mineral development licence or mining lease granted before the commencement of the Mineral Resources Amendment Act 1998 .","sortOrder":923},{"sectionNumber":"ch.15-pt.2-div.2","sectionType":"division","heading":"Transitional provisions for Act No. 38 of 1998","content":"## Transitional provisions for Act No. 38 of 1998","sortOrder":924},{"sectionNumber":"sec.725","sectionType":"section","heading":"Application of div 2","content":"### sec.725 Application of div 2\n\nThis division applies to an application if—\nit is an application for—\nthe granting of a mining tenement; or\nan approval relating to a mining lease; and\nthe application was lodged before the native title provisions start day for the application; and\nthe application is still current; and\nimmediately before the native title provisions start day for the application—\nif paragraph (a)(i) applies—the granting of the mining tenement would have been an act to which the right to negotiate provisions applied; or\nif paragraph (a)(ii) applies—the approval would have been an act to which the right to negotiate provisions applied.\nHowever, this division does not apply to an application relating to a mining tenement if a notice under section 29 of the Commonwealth Native Title Act in relation to the act the subject of the application, required to be given as part of complying with the right to negotiate provisions, was given before the native title provisions start day for the application.\nThe Minister may by gazette notice notify, in relation to an application, a native title provisions start day.\nThe Minister, in notifying the native title provisions start day—\nmust have regard to when the native title provisions relevant to the application start to have application; and\naccordingly, is not stopped from notifying as the native title provisions start day a day that is earlier than the day the gazette notice is published.\ns 725 ins 1998 No. 38 s 12 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 12\n(sec.725-ssec.1) This division applies to an application if— it is an application for— the granting of a mining tenement; or an approval relating to a mining lease; and the application was lodged before the native title provisions start day for the application; and the application is still current; and immediately before the native title provisions start day for the application— if paragraph (a)(i) applies—the granting of the mining tenement would have been an act to which the right to negotiate provisions applied; or if paragraph (a)(ii) applies—the approval would have been an act to which the right to negotiate provisions applied.\n(sec.725-ssec.2) However, this division does not apply to an application relating to a mining tenement if a notice under section 29 of the Commonwealth Native Title Act in relation to the act the subject of the application, required to be given as part of complying with the right to negotiate provisions, was given before the native title provisions start day for the application.\n(sec.725-ssec.3) The Minister may by gazette notice notify, in relation to an application, a native title provisions start day.\n(sec.725-ssec.4) The Minister, in notifying the native title provisions start day— must have regard to when the native title provisions relevant to the application start to have application; and accordingly, is not stopped from notifying as the native title provisions start day a day that is earlier than the day the gazette notice is published.\n- (a) it is an application for— (i) the granting of a mining tenement; or (ii) an approval relating to a mining lease; and\n- (i) the granting of a mining tenement; or\n- (ii) an approval relating to a mining lease; and\n- (b) the application was lodged before the native title provisions start day for the application; and\n- (c) the application is still current; and\n- (d) immediately before the native title provisions start day for the application— (i) if paragraph (a)(i) applies—the granting of the mining tenement would have been an act to which the right to negotiate provisions applied; or (ii) if paragraph (a)(ii) applies—the approval would have been an act to which the right to negotiate provisions applied.\n- (i) if paragraph (a)(i) applies—the granting of the mining tenement would have been an act to which the right to negotiate provisions applied; or\n- (ii) if paragraph (a)(ii) applies—the approval would have been an act to which the right to negotiate provisions applied.\n- (i) the granting of a mining tenement; or\n- (ii) an approval relating to a mining lease; and\n- (i) if paragraph (a)(i) applies—the granting of the mining tenement would have been an act to which the right to negotiate provisions applied; or\n- (ii) if paragraph (a)(ii) applies—the approval would have been an act to which the right to negotiate provisions applied.\n- (a) must have regard to when the native title provisions relevant to the application start to have application; and\n- (b) accordingly, is not stopped from notifying as the native title provisions start day a day that is earlier than the day the gazette notice is published.","sortOrder":925},{"sectionNumber":"sec.726","sectionType":"section","heading":"Definitions for div 2","content":"### sec.726 Definitions for div 2\n\nIn this division—\napproval has the meaning given in section 696.\nnative title provisions start day , for an application, means the native title provisions start day notified in relation to the application under section 725(3) and (4).\ns 726 def native title provisions start day ins 2000 No. 36 s 13\nnotification commencement day , for an application, means the notification commencement day advised for the application under section 727.\ns 726 ins 1998 No. 38 s 12 (amd 1999 No. 35 s 55 )","sortOrder":926},{"sectionNumber":"sec.727","sectionType":"section","heading":"Giving advice of notification commencement day","content":"### sec.727 Giving advice of notification commencement day\n\nThe mining registrar must give a notice to—\nthe applicant under each application for the granting of a mining claim or mining lease, advising the applicant of the notification commencement day for the application; and\nthe applicant under each application for an approval relating to a mining lease, advising the applicant of the notification commencement day for the application.\nThe chief executive must give a notice to the applicant under each application for the granting of an exploration permit or mineral development licence, advising the applicant of the notification commencement day for the application.\ns 727 ins 1998 No. 38 s 12 (amd 1999 No. 35 s 55 )\n(sec.727-ssec.1) The mining registrar must give a notice to— the applicant under each application for the granting of a mining claim or mining lease, advising the applicant of the notification commencement day for the application; and the applicant under each application for an approval relating to a mining lease, advising the applicant of the notification commencement day for the application.\n(sec.727-ssec.2) The chief executive must give a notice to the applicant under each application for the granting of an exploration permit or mineral development licence, advising the applicant of the notification commencement day for the application.\n- (a) the applicant under each application for the granting of a mining claim or mining lease, advising the applicant of the notification commencement day for the application; and\n- (b) the applicant under each application for an approval relating to a mining lease, advising the applicant of the notification commencement day for the application.","sortOrder":927},{"sectionNumber":"sec.728","sectionType":"section","heading":"Existing prospecting permit applications","content":"### sec.728 Existing prospecting permit applications\n\nThis section applies to an application if—\nthe application is for the granting of a prospecting permit; and\nthe granting of the prospecting permit is an act to which part 13 applies.\nSubsection (3) applies to the giving of the application notice under section 431, instead of section 431(2).\nThe notice must be given no later than—\n2 months after the native title provisions start day for the application; or\nif, under section 432, the mining registrar has given a direction for the giving of a new written notice—the end of the period nominated in the direction.\ns 728 ins 1998 No. 38 s 12 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 14\n(sec.728-ssec.1) This section applies to an application if— the application is for the granting of a prospecting permit; and the granting of the prospecting permit is an act to which part 13 applies.\n(sec.728-ssec.2) Subsection (3) applies to the giving of the application notice under section 431, instead of section 431(2).\n(sec.728-ssec.3) The notice must be given no later than— 2 months after the native title provisions start day for the application; or if, under section 432, the mining registrar has given a direction for the giving of a new written notice—the end of the period nominated in the direction.\n- (a) the application is for the granting of a prospecting permit; and\n- (b) the granting of the prospecting permit is an act to which part 13 applies.\n- (a) 2 months after the native title provisions start day for the application; or\n- (b) if, under section 432, the mining registrar has given a direction for the giving of a new written notice—the end of the period nominated in the direction.","sortOrder":928},{"sectionNumber":"sec.729","sectionType":"section","heading":"Existing mining claim applications","content":"### sec.729 Existing mining claim applications\n\nThis section applies to an application for the granting of a mining claim.\nIf part 17, division 4 is to be applied to the granting of the mining claim, subsection (8) applies to the giving and publication of notice under section 652, instead of section 652(3).\nThe written notice must be given under section 652(1), and the public notice must be published under section 652(2), no earlier than the notification commencement day for the application, and no later than—\n4 months after the notification commencement day for the application; or\nif, under section 654, the mining registrar has given a direction for the giving of a new written notice and the publication of a new public notice—the end of the period nominated in the direction.\ns 729 ins 1998 No. 38 s 12 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1\n(sec.729-ssec.1) This section applies to an application for the granting of a mining claim.\n(sec.729-ssec.7) If part 17, division 4 is to be applied to the granting of the mining claim, subsection (8) applies to the giving and publication of notice under section 652, instead of section 652(3).\n(sec.729-ssec.8) The written notice must be given under section 652(1), and the public notice must be published under section 652(2), no earlier than the notification commencement day for the application, and no later than— 4 months after the notification commencement day for the application; or if, under section 654, the mining registrar has given a direction for the giving of a new written notice and the publication of a new public notice—the end of the period nominated in the direction.\n- (a) 4 months after the notification commencement day for the application; or\n- (b) if, under section 654, the mining registrar has given a direction for the giving of a new written notice and the publication of a new public notice—the end of the period nominated in the direction.","sortOrder":929},{"sectionNumber":"sec.730","sectionType":"section","heading":"Existing exploration permit applications","content":"### sec.730 Existing exploration permit applications\n\nThis section applies to an application for the granting of an exploration permit.\nThe chief executive must ask the applicant to nominate which of the following the applicant now seeks to be granted—\na low impact exploration permit under part 15;\na high impact exploration permit under part 15, for the granting of which part 15, division 4 applies.\nIf the applicant nominates a low impact exploration permit, subsection (4) applies to the giving of the application notice under section 486, instead of 486(2).\nThe notice must be given no earlier than the notification commencement day for the application, and no later than—\n2 months after the notification commencement day for the application; or\nif, under section 487, the mining registrar has given a direction for the giving of a new written notice—the end of the period nominated in the direction.\nIf the applicant nominates a high impact exploration permit, and part 17, division 4 is to be applied to the granting of the permit, subsection (8) applies, instead of section 524(2).\nFor applying section 652, the written notice must be given under section 652(1), and the public notice must be published under section 652(2), no earlier than the notification commencement day, and the following period is substituted for the periods mentioned in section 652(3)(b)(i), that is, the period of 4 months after the notification commencement day.\ns 730 ins 1998 No. 38 s 12 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1 ; 2000 No. 64 s 174 sch\n(sec.730-ssec.1) This section applies to an application for the granting of an exploration permit.\n(sec.730-ssec.2) The chief executive must ask the applicant to nominate which of the following the applicant now seeks to be granted— a low impact exploration permit under part 15; a high impact exploration permit under part 15, for the granting of which part 15, division 4 applies.\n(sec.730-ssec.3) If the applicant nominates a low impact exploration permit, subsection (4) applies to the giving of the application notice under section 486, instead of 486(2).\n(sec.730-ssec.4) The notice must be given no earlier than the notification commencement day for the application, and no later than— 2 months after the notification commencement day for the application; or if, under section 487, the mining registrar has given a direction for the giving of a new written notice—the end of the period nominated in the direction.\n(sec.730-ssec.7) If the applicant nominates a high impact exploration permit, and part 17, division 4 is to be applied to the granting of the permit, subsection (8) applies, instead of section 524(2).\n(sec.730-ssec.8) For applying section 652, the written notice must be given under section 652(1), and the public notice must be published under section 652(2), no earlier than the notification commencement day, and the following period is substituted for the periods mentioned in section 652(3)(b)(i), that is, the period of 4 months after the notification commencement day.\n- (a) a low impact exploration permit under part 15;\n- (c) a high impact exploration permit under part 15, for the granting of which part 15, division 4 applies.\n- (a) 2 months after the notification commencement day for the application; or\n- (b) if, under section 487, the mining registrar has given a direction for the giving of a new written notice—the end of the period nominated in the direction.","sortOrder":930},{"sectionNumber":"sec.731","sectionType":"section","heading":"Existing mineral development licence applications","content":"### sec.731 Existing mineral development licence applications\n\nThis section applies to an application for the granting of a mineral development licence.\nThe chief executive must ask the applicant to nominate which of the following the applicant now seeks to be granted—\na low impact mineral development licence under part 16;\na high impact mineral development licence under part 16 for the granting of which part 16, division 4 applies.\nIf the applicant nominates a low impact mineral development licence, subsection (4) applies to the giving of the application notice under section 542, instead of 542(2).\nThe notice must be given no earlier than the notification commencement day for the application, and no later than—\n2 months after the notification commencement day for the application; or\nif, under section 543, the mining registrar has given a direction for the giving of a new written notice—the end of the period nominated in the direction.\nIf the applicant nominates a high impact mineral development licence, and part 17, division 4 is to be applied to the granting of the licence, subsection (8) applies, instead of section 581(2).\nFor applying section 652, the written notice must be given under section 652(1), and the public notice must be published under section 652(2), no earlier than the notification commencement day, and the following period is substituted for the periods mentioned in section 652(3)(b)(i), that is, the period of 4 months after the notification commencement day.\ns 731 ins 1998 No. 38 s 12 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1 ; 2000 No. 64 s 174 sch ; 2012 No. 20 s 281 sch 2\n(sec.731-ssec.1) This section applies to an application for the granting of a mineral development licence.\n(sec.731-ssec.2) The chief executive must ask the applicant to nominate which of the following the applicant now seeks to be granted— a low impact mineral development licence under part 16; a high impact mineral development licence under part 16 for the granting of which part 16, division 4 applies.\n(sec.731-ssec.3) If the applicant nominates a low impact mineral development licence, subsection (4) applies to the giving of the application notice under section 542, instead of 542(2).\n(sec.731-ssec.4) The notice must be given no earlier than the notification commencement day for the application, and no later than— 2 months after the notification commencement day for the application; or if, under section 543, the mining registrar has given a direction for the giving of a new written notice—the end of the period nominated in the direction.\n(sec.731-ssec.7) If the applicant nominates a high impact mineral development licence, and part 17, division 4 is to be applied to the granting of the licence, subsection (8) applies, instead of section 581(2).\n(sec.731-ssec.8) For applying section 652, the written notice must be given under section 652(1), and the public notice must be published under section 652(2), no earlier than the notification commencement day, and the following period is substituted for the periods mentioned in section 652(3)(b)(i), that is, the period of 4 months after the notification commencement day.\n- (a) a low impact mineral development licence under part 16;\n- (c) a high impact mineral development licence under part 16 for the granting of which part 16, division 4 applies.\n- (a) 2 months after the notification commencement day for the application; or\n- (b) if, under section 543, the mining registrar has given a direction for the giving of a new written notice—the end of the period nominated in the direction.","sortOrder":931},{"sectionNumber":"sec.732","sectionType":"section","heading":"Existing mining lease applications","content":"### sec.732 Existing mining lease applications\n\nThis section applies to an application for the granting of a mining lease.\nIf part 17, division 4 is to be applied to the granting of the mining lease, subsection (8) applies to the giving and publication of notice under section 652, instead of section 652(3).\nThe written notice must be given under section 652(1), and the public notice must be published under section 652(2), no earlier than the notification commencement day for the application, and no later than—\n4 months after the notification commencement day for the application; or\nif, under section 654, the mining registrar has given a direction for the giving of a new written notice and the publication of a new public notice—the end of the period nominated in the direction.\ns 732 ins 1998 No. 38 s 12 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1\n(sec.732-ssec.1) This section applies to an application for the granting of a mining lease.\n(sec.732-ssec.7) If part 17, division 4 is to be applied to the granting of the mining lease, subsection (8) applies to the giving and publication of notice under section 652, instead of section 652(3).\n(sec.732-ssec.8) The written notice must be given under section 652(1), and the public notice must be published under section 652(2), no earlier than the notification commencement day for the application, and no later than— 4 months after the notification commencement day for the application; or if, under section 654, the mining registrar has given a direction for the giving of a new written notice and the publication of a new public notice—the end of the period nominated in the direction.\n- (a) 4 months after the notification commencement day for the application; or\n- (d) if, under section 654, the mining registrar has given a direction for the giving of a new written notice and the publication of a new public notice—the end of the period nominated in the direction.","sortOrder":932},{"sectionNumber":"sec.733","sectionType":"section","heading":"Existing applications for certain approvals","content":"### sec.733 Existing applications for certain approvals\n\nThis section applies to an application for an approval relating to a mining lease.\nIf part 17, division 4 is to be applied to the approval, subsection (5) applies to the giving and publication of notice under section 652 instead of section 652(3).\nThe written notice must be given under section 652(1), and the public notice must be published under section 652(2), no earlier than the notification commencement day for the application, and no later than—\n4 months after the notification commencement day for the application; or\nif, under section 654, the mining registrar has given a direction for the giving of a new written notice and the publication of a new public notice—the end of the period nominated in the direction.\ns 733 ins 1998 No. 38 s 12 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1\n(sec.733-ssec.1) This section applies to an application for an approval relating to a mining lease.\n(sec.733-ssec.4) If part 17, division 4 is to be applied to the approval, subsection (5) applies to the giving and publication of notice under section 652 instead of section 652(3).\n(sec.733-ssec.5) The written notice must be given under section 652(1), and the public notice must be published under section 652(2), no earlier than the notification commencement day for the application, and no later than— 4 months after the notification commencement day for the application; or if, under section 654, the mining registrar has given a direction for the giving of a new written notice and the publication of a new public notice—the end of the period nominated in the direction.\n- (a) 4 months after the notification commencement day for the application; or\n- (b) if, under section 654, the mining registrar has given a direction for the giving of a new written notice and the publication of a new public notice—the end of the period nominated in the direction.","sortOrder":933},{"sectionNumber":"sec.734","sectionType":"section","heading":"Separate hearings","content":"### sec.734 Separate hearings\n\nThis section applies if, for an application for the granting of a mining claim or mining lease—\nthe provisions of this Act, other than the native title provisions, have been complied with, wholly or partly; and\npart 17, division 4 is to be applied to the granting; and\na hearing (the earlier hearing ) has already been held under part 4 or 7 for the granting of the mining claim or mining lease.\nThe tribunal is not required, at a hearing under part 17, division 4, to consider any issue dealt with at the earlier hearing.\nIf a hearing is required under part 17, division 4, sections 671 and 672 do not apply, but—\nthe mining registrar must, within 10 business days after the pre-referral period ends, fix a day for the hearing; and\nall consultation and negotiation parties have the right to be heard at the hearing; and\nthe tribunal must hear the application and make a native title issues decision.\ns 734 ins 1998 No. 38 s 12 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1 ; 2005 No. 8 s 2 sch\n(sec.734-ssec.1) This section applies if, for an application for the granting of a mining claim or mining lease— the provisions of this Act, other than the native title provisions, have been complied with, wholly or partly; and part 17, division 4 is to be applied to the granting; and a hearing (the earlier hearing ) has already been held under part 4 or 7 for the granting of the mining claim or mining lease.\n(sec.734-ssec.2) The tribunal is not required, at a hearing under part 17, division 4, to consider any issue dealt with at the earlier hearing.\n(sec.734-ssec.4) If a hearing is required under part 17, division 4, sections 671 and 672 do not apply, but— the mining registrar must, within 10 business days after the pre-referral period ends, fix a day for the hearing; and all consultation and negotiation parties have the right to be heard at the hearing; and the tribunal must hear the application and make a native title issues decision.\n- (a) the provisions of this Act, other than the native title provisions, have been complied with, wholly or partly; and\n- (b) part 17, division 4 is to be applied to the granting; and\n- (c) a hearing (the earlier hearing ) has already been held under part 4 or 7 for the granting of the mining claim or mining lease.\n- (a) the mining registrar must, within 10 business days after the pre-referral period ends, fix a day for the hearing; and\n- (b) all consultation and negotiation parties have the right to be heard at the hearing; and\n- (c) the tribunal must hear the application and make a native title issues decision.","sortOrder":934},{"sectionNumber":"ch.15-pt.2-div.3","sectionType":"division","heading":"Transitional provisions for Environmental Protection and Other Legislation Amendment Act 2000","content":"## Transitional provisions for Environmental Protection and Other Legislation Amendment Act 2000","sortOrder":935},{"sectionNumber":"sec.735","sectionType":"section","heading":"Existing Act continues to apply for special agreement Acts until Environmental Protection Act, ch 13, pt 2, div 7 commences","content":"### sec.735 Existing Act continues to apply for special agreement Acts until Environmental Protection Act, ch 13, pt 2, div 7 commences\n\nThe existing Act continues to apply for an activity, circumstance, or matter provided for under, or to which, a special agreement Act applies as if the amending Act had not been enacted.\nSubject to subsections (3) and (4A), subsection (1) ceases to apply when the Environmental Protection Act, chapter 13, part 2, division 7 commences.\nThe existing Act continues to apply for changing a condition of a transitional authority (SAA) as if the amending Act had not been enacted.\nSee also the Environmental Protection Act, section 616D (Changing conditions of transitional authority (SAA)).\nHowever, subsection (3)—\ndoes not apply for making or deciding an application under the Environmental Protection Act, section 616H(b) to amend the authority; and\ndoes not limit chapter 13 , part 2 , division 7 , subdivision 6 of that Act; and\nstops applying if the authority is amended under chapter 13 , part 2 , division 7 , subdivision 6 of that Act and the amended authority has taken effect under that Act.\nEnvironmental Protection Act, chapter 13 (Savings, transitional and related provisions), part 2 (Transitional provisions for Environmental Protection and Other Legislation Amendment Act 2000 ), division 7 (Provisions about special agreement Acts inserted under Environmental Protection and Other Legislation Amendment Act 2008 ), subdivision 6 (Amendment of transitional authorities (SAA) for conversion to new authorities)\nEnvironmental Protection Act, section 616H (Requirement to apply for new authority or amend etc. transitional authority (SAA))\nSection 292(1) and (2) of the existing Act continues to apply for amending a plan of operations under the existing Act for a relevant mining lease for a transitional authority (SAA) as if the amending Act had not been enacted.\nIn this section—\namending Act means the Environmental Protection and Other Legislation Amendment Act 2000 .\nexisting Act means this Act as it was in force immediately before the amending Act, section 6 commenced.\ntransitional authority (SAA) see the Environmental Protection Act, section 615.\ns 735 ins 2000 No. 64 s 167\namd 2004 No. 5 s 8 sch ; 2008 No. 37 s 21\n(sec.735-ssec.1) The existing Act continues to apply for an activity, circumstance, or matter provided for under, or to which, a special agreement Act applies as if the amending Act had not been enacted.\n(sec.735-ssec.2) Subject to subsections (3) and (4A), subsection (1) ceases to apply when the Environmental Protection Act, chapter 13, part 2, division 7 commences.\n(sec.735-ssec.3) The existing Act continues to apply for changing a condition of a transitional authority (SAA) as if the amending Act had not been enacted. See also the Environmental Protection Act, section 616D (Changing conditions of transitional authority (SAA)).\n(sec.735-ssec.4) However, subsection (3)— does not apply for making or deciding an application under the Environmental Protection Act, section 616H(b) to amend the authority; and does not limit chapter 13 , part 2 , division 7 , subdivision 6 of that Act; and stops applying if the authority is amended under chapter 13 , part 2 , division 7 , subdivision 6 of that Act and the amended authority has taken effect under that Act. Environmental Protection Act, chapter 13 (Savings, transitional and related provisions), part 2 (Transitional provisions for Environmental Protection and Other Legislation Amendment Act 2000 ), division 7 (Provisions about special agreement Acts inserted under Environmental Protection and Other Legislation Amendment Act 2008 ), subdivision 6 (Amendment of transitional authorities (SAA) for conversion to new authorities) Environmental Protection Act, section 616H (Requirement to apply for new authority or amend etc. transitional authority (SAA))\n(sec.735-ssec.4A) Section 292(1) and (2) of the existing Act continues to apply for amending a plan of operations under the existing Act for a relevant mining lease for a transitional authority (SAA) as if the amending Act had not been enacted.\n(sec.735-ssec.5) In this section— amending Act means the Environmental Protection and Other Legislation Amendment Act 2000 . existing Act means this Act as it was in force immediately before the amending Act, section 6 commenced. transitional authority (SAA) see the Environmental Protection Act, section 615.\n- (a) does not apply for making or deciding an application under the Environmental Protection Act, section 616H(b) to amend the authority; and\n- (b) does not limit chapter 13 , part 2 , division 7 , subdivision 6 of that Act; and\n- (c) stops applying if the authority is amended under chapter 13 , part 2 , division 7 , subdivision 6 of that Act and the amended authority has taken effect under that Act.\n- • Environmental Protection Act, chapter 13 (Savings, transitional and related provisions), part 2 (Transitional provisions for Environmental Protection and Other Legislation Amendment Act 2000 ), division 7 (Provisions about special agreement Acts inserted under Environmental Protection and Other Legislation Amendment Act 2008 ), subdivision 6 (Amendment of transitional authorities (SAA) for conversion to new authorities)\n- • Environmental Protection Act, section 616H (Requirement to apply for new authority or amend etc. transitional authority (SAA))","sortOrder":936},{"sectionNumber":"ch.15-pt.2-div.4","sectionType":"division","heading":"Transitional provision for Mineral Resources and Other Legislation Amendment Act 2002","content":"## Transitional provision for Mineral Resources and Other Legislation Amendment Act 2002","sortOrder":937},{"sectionNumber":"sec.736","sectionType":"section","heading":"Exclusion of pt 7A for continuance of existing notifiable road uses","content":"### sec.736 Exclusion of pt 7A for continuance of existing notifiable road uses\n\nPart 7A does not apply for a notifiable road use (the continuing use ) carried out by a mining tenement holder if—\nat any time within 12 months before the commencement of section 318EP, the holder carried out a notifiable road use (the existing use ); and\nthe type of haulage under the continuing use is the same, or substantially the same, as the type of haulage under the existing use.\nSubsection (1) applies even if the continuing use stops and later starts again.\ns 736 prev s 736 ins 2000 No. 64 s 167\nexp 25 November 2000\npres s 736 ins 2002 No. 63 s 6\namd 2004 No. 25 s 1026\n(sec.736-ssec.1) Part 7A does not apply for a notifiable road use (the continuing use ) carried out by a mining tenement holder if— at any time within 12 months before the commencement of section 318EP, the holder carried out a notifiable road use (the existing use ); and the type of haulage under the continuing use is the same, or substantially the same, as the type of haulage under the existing use.\n(sec.736-ssec.2) Subsection (1) applies even if the continuing use stops and later starts again.\n- (a) at any time within 12 months before the commencement of section 318EP, the holder carried out a notifiable road use (the existing use ); and\n- (b) the type of haulage under the continuing use is the same, or substantially the same, as the type of haulage under the existing use.","sortOrder":938},{"sectionNumber":"ch.15-pt.2-div.5","sectionType":"division","heading":"Transitional provisions for Natural Resources and Other Legislation Amendment Act 2003","content":"## Transitional provisions for Natural Resources and Other Legislation Amendment Act 2003","sortOrder":939},{"sectionNumber":"sec.737","sectionType":"section","heading":"No notification commencement day advised before 31 March 2003","content":"### sec.737 No notification commencement day advised before 31 March 2003\n\nThis section applies to an application if—\nit is an application to which division 2 applies; and\nthe mining registrar or the chief executive is required under section 727 to give the applicant under the application a notice advising the applicant of the notification commencement day for the application; and\nthe notice is not given on or before 31 March 2003.\nThe mining registrar or chief executive must not give the notice.\nFor the purpose only of deciding whether a division of part 14, 15, 16 or 17 applies in relation to the application, the application is taken to have been lodged after 31 March 2003.\ns 737 ins 2003 No. 10 s 56\n(sec.737-ssec.1) This section applies to an application if— it is an application to which division 2 applies; and the mining registrar or the chief executive is required under section 727 to give the applicant under the application a notice advising the applicant of the notification commencement day for the application; and the notice is not given on or before 31 March 2003.\n(sec.737-ssec.2) The mining registrar or chief executive must not give the notice.\n(sec.737-ssec.3) For the purpose only of deciding whether a division of part 14, 15, 16 or 17 applies in relation to the application, the application is taken to have been lodged after 31 March 2003.\n- (a) it is an application to which division 2 applies; and\n- (b) the mining registrar or the chief executive is required under section 727 to give the applicant under the application a notice advising the applicant of the notification commencement day for the application; and\n- (c) the notice is not given on or before 31 March 2003.","sortOrder":940},{"sectionNumber":"sec.738","sectionType":"section","heading":"Effect of extension of time for giving notice or information","content":"### sec.738 Effect of extension of time for giving notice or information\n\nThis section applies to a person if—\nat any time before the commencement of this section, the person was required to give a notice or information within a stated time; and\nimmediately before the commencement, the person had not given the notice or information, whether or not the stated time had expired.\nThe time within which the person must give the notice or information may be worked out using the stated time as amended by the amending Act.\nIn this section—\namending Act means the Natural Resources and Other Legislation Amendment Act 2003 .\nrelevant provision means section 486(2)(a), 487(1), 524(3), 542(2)(a), 543(1) or 581(3).\nstated time means the number of days stated in a relevant provision.\ns 738 ins 2003 No. 10 s 56\namd 2005 No. 8 s 2 sch\n(sec.738-ssec.1) This section applies to a person if— at any time before the commencement of this section, the person was required to give a notice or information within a stated time; and immediately before the commencement, the person had not given the notice or information, whether or not the stated time had expired.\n(sec.738-ssec.2) The time within which the person must give the notice or information may be worked out using the stated time as amended by the amending Act.\n(sec.738-ssec.3) In this section— amending Act means the Natural Resources and Other Legislation Amendment Act 2003 . relevant provision means section 486(2)(a), 487(1), 524(3), 542(2)(a), 543(1) or 581(3). stated time means the number of days stated in a relevant provision.\n- (a) at any time before the commencement of this section, the person was required to give a notice or information within a stated time; and\n- (b) immediately before the commencement, the person had not given the notice or information, whether or not the stated time had expired.","sortOrder":941},{"sectionNumber":"ch.15-pt.2-div.6","sectionType":"division","heading":"Transitional provisions for Petroleum and Gas (Production and Safety) Act 2004","content":"## Transitional provisions for Petroleum and Gas (Production and Safety) Act 2004","sortOrder":942},{"sectionNumber":"sec.739","sectionType":"section","heading":"Definitions for div 6","content":"### sec.739 Definitions for div 6\n\nIn this division—\ncommencement , other than for subdivision 2, means the day section 318CM commences.\nMDL means mineral development licence.\nMDL applicant see section 754(2)(c).\nMDL application see section 754(1)(b).\nmineral hydrocarbon mining lease means any of the following mining leases or its replacement, or any consolidation of 2 or more of the following leases the area of which does not include land not in the area of the following mining leases—\ns 739 def mineral hydrocarbon mining lease ins 2004 No. 25 s 1028 (amd 2004 No. 26 s 263 (2) )\nMining lease number\nMining lease name\nML1759\nBlackwater Mine\nML1760\nBlackwater\nML1761\nMackenzie River\nML1762\nSouth Blackwater\nML1763\nGoonyella Coal Mine\nML1764\nRiverside\nML1771\nSirius Creek\nML1773\nLaleham\nML1775\n—\nML1781\nDaunia\nML1782\nNorwich Park\nML1789\nGregory\nML1790\n—\nML1791\nWinchester\nML1792\nTerang\nML1800\nWilpeena Mining Lease\nML1802\nRiverside Extended\nML1831\nGerman Creek\nML1860\nTogara No. 2\nML1885\nHarrow Creek Extended\nML1907\nMarshmead\nML1923\nGregory Extension\nML4749\nPoitrel\nML4750\nKemmis-Walker\nML4751\nBee Creek\nML4752\nLancewood\nML5591\nMoura\nML5592\nMoura\nML5593\nMoura\nML5596\nMoura\nML5597\nMoura\nML5598\nMoura\nML5599\nMoura No. 3\nML5600\nMoura\nML5601\nMoura\nML5603\nMoura\nML5604\nMoura\nML5606\nMoura\nML5607\nMoura\nML5611\nMoura\nML5630\nMoura\nML5643\nMoura\nML5644\nMoura\nML5646\nMoura\nML5650\nMoura\nML5656\nMoura\nML5657\nTheodore\nML70108\nMoranbah North\nmining , a substance, includes—\nextracting, producing, releasing or disposing of the substance; and\ntransporting the substance within the boundaries of the area of the mining lease under which it was mined.\noverlapping land see section 754(1).\nspecial agreement Act means any of the following—\nthe Central Queensland Coal Associates Agreement Act 1968 ; or\nthe Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Acts 1962 to 1965 ;\nan agreement, or amendment of an agreement, provided for under an Act mentioned in paragraph (a) or (b).\ns 739 ins 2004 No. 25 s 1028\namd 2005 No. 3 s 6 (amdt could not be given effect)\n- (a) extracting, producing, releasing or disposing of the substance; and\n- (b) transporting the substance within the boundaries of the area of the mining lease under which it was mined.\n- (a) the Central Queensland Coal Associates Agreement Act 1968 ; or\n- (b) the Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Acts 1962 to 1965 ;\n- (c) an agreement, or amendment of an agreement, provided for under an Act mentioned in paragraph (a) or (b).","sortOrder":943},{"sectionNumber":"sec.740","sectionType":"section","heading":"Application of div 6 to special coal mining lease under special agreement Act","content":"### sec.740 Application of div 6 to special coal mining lease under special agreement Act\n\nThis division applies to a special coal mining lease granted under a special agreement Act as if the lease were a mineral hydrocarbon mining lease.\ns 740 ins 2004 No. 25 s 1028","sortOrder":944},{"sectionNumber":"sec.741","sectionType":"section","heading":"Unfinished special coal mining lease applications","content":"### sec.741 Unfinished special coal mining lease applications\n\nA special coal mining lease must not be granted under a special agreement Act if the lease was applied for or requested, but not granted, before the commencement of this section.\nSubject to subsection (3), an addition to the area of an existing special coal mining lease must not be made under a special agreement Act if the addition was applied for or requested, but not made, before the commencement.\nSubsection (2) does not apply if the addition is additional surface areas within the area of the existing special coal mining lease and the special coal mining lease was granted under the Thiess Peabody Coal Pty. Ltd. Agreement Act 1962 .\nThis section applies despite any provision of the special agreement Act.\nIn this section—\napplied for includes specified under clause 18 of the agreement under the Thiess Peabody Coal Pty. Ltd. Agreement Act 1962 .\nexisting special coal mining lease means a special coal mining lease that, immediately before the commencement, was in force under a special agreement Act.\ns 741 ins 2004 No. 25 s 1028 (amd 2004 No. 26 s 263 (3) – (4) (amdt could not be given effect))\namd 2005 No. 3 s 7 (retro)\n(sec.741-ssec.1) A special coal mining lease must not be granted under a special agreement Act if the lease was applied for or requested, but not granted, before the commencement of this section.\n(sec.741-ssec.2) Subject to subsection (3), an addition to the area of an existing special coal mining lease must not be made under a special agreement Act if the addition was applied for or requested, but not made, before the commencement.\n(sec.741-ssec.3) Subsection (2) does not apply if the addition is additional surface areas within the area of the existing special coal mining lease and the special coal mining lease was granted under the Thiess Peabody Coal Pty. Ltd. Agreement Act 1962 .\n(sec.741-ssec.4) This section applies despite any provision of the special agreement Act.\n(sec.741-ssec.5) In this section— applied for includes specified under clause 18 of the agreement under the Thiess Peabody Coal Pty. Ltd. Agreement Act 1962 . existing special coal mining lease means a special coal mining lease that, immediately before the commencement, was in force under a special agreement Act.","sortOrder":945},{"sectionNumber":"sec.742","sectionType":"section","heading":"Division 6 prevails over special agreement Acts","content":"### sec.742 Division 6 prevails over special agreement Acts\n\nIf a provision of this division conflicts with a provision of a special agreement Act, the provision of this division prevails to the extent of the inconsistency.\ns 742 ins 2004 No. 25 s 1028 (amd 2004 No. 26 s 69 (2) sch )\namd 2005 No. 3 s 105 sch","sortOrder":946},{"sectionNumber":"sec.743","sectionType":"section","heading":"No compensation","content":"### sec.743 No compensation\n\nNo amount, whether by way of compensation, reimbursement or otherwise is payable by the State to any person for or in connection with the enactment or operation of this subdivision.\nSubsection (1) applies despite any provision of a special agreement Act and despite any other Act or law.\ns 743 ins 2004 No. 25 s 1028\n(sec.743-ssec.1) No amount, whether by way of compensation, reimbursement or otherwise is payable by the State to any person for or in connection with the enactment or operation of this subdivision.\n(sec.743-ssec.2) Subsection (1) applies despite any provision of a special agreement Act and despite any other Act or law.","sortOrder":947},{"sectionNumber":"sec.744","sectionType":"section","heading":"Application of s 3A to existing mining tenements","content":"### sec.744 Application of s 3A to existing mining tenements\n\nSection 3A applies for an existing mining tenement.\nHowever, section 3A(3) and (7) do not apply for an authorised activity for an existing mining tenement until 3 months after the commencement.\nIn this section—\ncommencement means the day section 3A commences.\nexisting mining tenement means a mining tenement (other than a coal or oil shale mining tenement) in force immediately before the commencement.\ns 744 ins 2004 No. 25 s 1028\n(sec.744-ssec.1) Section 3A applies for an existing mining tenement.\n(sec.744-ssec.2) However, section 3A(3) and (7) do not apply for an authorised activity for an existing mining tenement until 3 months after the commencement.\n(sec.744-ssec.3) In this section— commencement means the day section 3A commences. existing mining tenement means a mining tenement (other than a coal or oil shale mining tenement) in force immediately before the commencement.","sortOrder":948},{"sectionNumber":"sec.745","sectionType":"section","heading":"Application of pt 7AA","content":"### sec.745 Application of pt 7AA\n\nThis section applies if, before the commencement—\na coal or oil shale mining lease application was made; and\na recommendation about the application had not been made to the Governor in Council under section 271(3)(a)(i); and\nthe land the subject of the application is in the area of a petroleum tenure.\nPart 7AA applies to the application.\nThe application may be decided only if the provisions of part 7AA, to the extent they are relevant, have been complied with.\nHowever, subsections (2) and (3) are subject to sections 307 and 392.\ns 745 ins 2004 No. 25 s 1028\namd 2010 No. 17 s 48 sch ; 2012 No. 20 s 242\n(sec.745-ssec.1) This section applies if, before the commencement— a coal or oil shale mining lease application was made; and a recommendation about the application had not been made to the Governor in Council under section 271(3)(a)(i); and the land the subject of the application is in the area of a petroleum tenure.\n(sec.745-ssec.2) Part 7AA applies to the application.\n(sec.745-ssec.3) The application may be decided only if the provisions of part 7AA, to the extent they are relevant, have been complied with.\n(sec.745-ssec.4) However, subsections (2) and (3) are subject to sections 307 and 392.\n- (a) a coal or oil shale mining lease application was made; and\n- (b) a recommendation about the application had not been made to the Governor in Council under section 271(3)(a)(i); and\n- (c) the land the subject of the application is in the area of a petroleum tenure.","sortOrder":949},{"sectionNumber":"sec.746","sectionType":"section","heading":"Clarification provision for coal seam gas","content":"### sec.746 Clarification provision for coal seam gas\n\nThis section applies to a coal mining lease, other than a mineral hydrocarbon mining lease, that was in force during the period in which the Petroleum Act 1923 , former section 150(4), was in force.\nTo remove any doubt, it is declared that despite the provisions of the Petroleum Act 1923 , section 150(4), the entitlement under section 235 (as it was in force during that period) of the lease holder is taken, during the period, to have included the right to extract and produce, or mine, coal seam gas.\nTo remove any doubt, it is declared that subsection (2) does not affect the application of part 7AA, division 8, subdivision 1 in relation to the lease.\nThe right under subsection (2) is subject to section 748.\ns 746 ins 2004 No. 25 s 1028\n(sec.746-ssec.1) This section applies to a coal mining lease, other than a mineral hydrocarbon mining lease, that was in force during the period in which the Petroleum Act 1923 , former section 150(4), was in force.\n(sec.746-ssec.2) To remove any doubt, it is declared that despite the provisions of the Petroleum Act 1923 , section 150(4), the entitlement under section 235 (as it was in force during that period) of the lease holder is taken, during the period, to have included the right to extract and produce, or mine, coal seam gas.\n(sec.746-ssec.3) To remove any doubt, it is declared that subsection (2) does not affect the application of part 7AA, division 8, subdivision 1 in relation to the lease.\n(sec.746-ssec.4) The right under subsection (2) is subject to section 748.","sortOrder":950},{"sectionNumber":"sec.747","sectionType":"section","heading":"Continuation of particular rights relating to coal seam gas under mineral hydrocarbon mining leases","content":"### sec.747 Continuation of particular rights relating to coal seam gas under mineral hydrocarbon mining leases\n\nFrom the commencement, a mineral hydrocarbon mining lease holder may—\nmine for coal seam gas in the area of the mining lease; and\nuse the coal seam gas mined for any purpose allowed under the lease, including, for example, any of the following uses allowed under the lease—\na use that, under section 318CN, may be made of incidental coal seam gas by a coal or oil shale mining lease holder;\na commercial use that may be made of coal seam gas by a petroleum lease holder.\nHowever, the mining and the carrying out of a use mentioned in subsection (1)(b) is subject to—\nsection 318CO, as deferred under section 749; and\nsection 318CU; and\nthe following provisions of the Petroleum and Gas (Production and Safety) Act—\nchapters 6, 9, 10 and 11;\nchapter 8, parts 1 and 2;\nchapters 12 to 14 to the extent they apply for the provisions mentioned in subparagraphs (i) and (ii).\nTo remove any doubt, it is declared that—\nsubsection (1) applies despite—\nsection 318CN(1), (2) and (3); or\nthe Petroleum Act 1923, section 150; or\nthe Petroleum and Gas (Production and Safety) Act, sections 800 and 802; and\nthe rights under\nsubsection (1) may be exercised—\neven though the holder does not hold a petroleum tenure that allows the rights to be exercised; and\nindependently of any right the holder has under the lease to mine coal.\ns 747 ins 2004 No. 25 s 1028 (amd 2004 No. 26 s 263 (5) )\namd 2005 No. 3 s 8 ; 2007 No. 46 s 93\n(sec.747-ssec.1) From the commencement, a mineral hydrocarbon mining lease holder may— mine for coal seam gas in the area of the mining lease; and use the coal seam gas mined for any purpose allowed under the lease, including, for example, any of the following uses allowed under the lease— a use that, under section 318CN, may be made of incidental coal seam gas by a coal or oil shale mining lease holder; a commercial use that may be made of coal seam gas by a petroleum lease holder.\n(sec.747-ssec.2) However, the mining and the carrying out of a use mentioned in subsection (1)(b) is subject to— section 318CO, as deferred under section 749; and section 318CU; and the following provisions of the Petroleum and Gas (Production and Safety) Act— chapters 6, 9, 10 and 11; chapter 8, parts 1 and 2; chapters 12 to 14 to the extent they apply for the provisions mentioned in subparagraphs (i) and (ii).\n(sec.747-ssec.3) To remove any doubt, it is declared that— subsection (1) applies despite— section 318CN(1), (2) and (3); or the Petroleum Act 1923, section 150; or the Petroleum and Gas (Production and Safety) Act, sections 800 and 802; and the rights under subsection (1) may be exercised— even though the holder does not hold a petroleum tenure that allows the rights to be exercised; and independently of any right the holder has under the lease to mine coal.\n- (a) mine for coal seam gas in the area of the mining lease; and\n- (b) use the coal seam gas mined for any purpose allowed under the lease, including, for example, any of the following uses allowed under the lease— (i) a use that, under section 318CN, may be made of incidental coal seam gas by a coal or oil shale mining lease holder; (ii) a commercial use that may be made of coal seam gas by a petroleum lease holder.\n- (i) a use that, under section 318CN, may be made of incidental coal seam gas by a coal or oil shale mining lease holder;\n- (ii) a commercial use that may be made of coal seam gas by a petroleum lease holder.\n- (i) a use that, under section 318CN, may be made of incidental coal seam gas by a coal or oil shale mining lease holder;\n- (ii) a commercial use that may be made of coal seam gas by a petroleum lease holder.\n- (a) section 318CO, as deferred under section 749; and\n- (b) section 318CU; and\n- (c) the following provisions of the Petroleum and Gas (Production and Safety) Act— (i) chapters 6, 9, 10 and 11; (ii) chapter 8, parts 1 and 2; (iii) chapters 12 to 14 to the extent they apply for the provisions mentioned in subparagraphs (i) and (ii).\n- (i) chapters 6, 9, 10 and 11;\n- (ii) chapter 8, parts 1 and 2;\n- (iii) chapters 12 to 14 to the extent they apply for the provisions mentioned in subparagraphs (i) and (ii).\n- (i) chapters 6, 9, 10 and 11;\n- (ii) chapter 8, parts 1 and 2;\n- (iii) chapters 12 to 14 to the extent they apply for the provisions mentioned in subparagraphs (i) and (ii).\n- (a) subsection (1) applies despite— (i) section 318CN(1), (2) and (3); or (ii) the Petroleum Act 1923, section 150; or (iii) the Petroleum and Gas (Production and Safety) Act, sections 800 and 802; and\n- (i) section 318CN(1), (2) and (3); or\n- (ii) the Petroleum Act 1923, section 150; or\n- (iii) the Petroleum and Gas (Production and Safety) Act, sections 800 and 802; and\n- (b) the rights under subsection (1) may be exercised— (i) even though the holder does not hold a petroleum tenure that allows the rights to be exercised; and (ii) independently of any right the holder has under the lease to mine coal.\n- (i) even though the holder does not hold a petroleum tenure that allows the rights to be exercised; and\n- (ii) independently of any right the holder has under the lease to mine coal.\n- (i) section 318CN(1), (2) and (3); or\n- (ii) the Petroleum Act 1923, section 150; or\n- (iii) the Petroleum and Gas (Production and Safety) Act, sections 800 and 802; and\n- (i) even though the holder does not hold a petroleum tenure that allows the rights to be exercised; and\n- (ii) independently of any right the holder has under the lease to mine coal.","sortOrder":951},{"sectionNumber":"sec.748","sectionType":"section","heading":"Restriction on flaring or venting coal seam gas","content":"### sec.748 Restriction on flaring or venting coal seam gas\n\nSection 318CO applies for a coal mining lease in force immediately before the commencement as if a reference in section 318CO to incidental coal seam gas were a reference to coal seam gas generally.\ns 748 ins 2004 No. 25 s 1028","sortOrder":952},{"sectionNumber":"sec.749","sectionType":"section","heading":"Deferral of ss 318CN(2) and 318CO for particular existing coal mining lease holders","content":"### sec.749 Deferral of ss 318CN(2) and 318CO for particular existing coal mining lease holders\n\nIf, immediately before the commencement, the holder of a coal mining lease was commercially using incidental coal seam gas mined under the lease, sections 318CN(2) and 318CO do not apply to the holder until 12 months after the commencement.\ns 749 ins 2004 No. 25 s 1028","sortOrder":953},{"sectionNumber":"sec.750","sectionType":"section","heading":"Deferral of s 318CR(1) for existing coal mining lease holders","content":"### sec.750 Deferral of s 318CR(1) for existing coal mining lease holders\n\nSection 318CR(1) does not apply to the holder of a coal mining lease in force at the commencement until 6 months after the commencement.\ns 750 ins 2004 No. 25 s 1028","sortOrder":954},{"sectionNumber":"sec.751","sectionType":"section","heading":"Application of sdiv 6","content":"### sec.751 Application of sdiv 6\n\nThis subdivision applies if—\nland is in the area of—\na coal or oil shale exploration tenement; and\na petroleum lease; and\nthe exploration tenement and the lease are in force immediately before the commencement.\nHowever—\nthis subdivision does not apply to an MDL granted before the petroleum lease; and\nthis subdivision does not apply, or ceases to apply, if the same person holds the exploration tenement and the lease.\ns 751 ins 2004 No. 25 s 1028\n(sec.751-ssec.1) This subdivision applies if— land is in the area of— a coal or oil shale exploration tenement; and a petroleum lease; and the exploration tenement and the lease are in force immediately before the commencement.\n(sec.751-ssec.2) However— this subdivision does not apply to an MDL granted before the petroleum lease; and this subdivision does not apply, or ceases to apply, if the same person holds the exploration tenement and the lease.\n- (a) land is in the area of— (i) a coal or oil shale exploration tenement; and (ii) a petroleum lease; and\n- (i) a coal or oil shale exploration tenement; and\n- (ii) a petroleum lease; and\n- (b) the exploration tenement and the lease are in force immediately before the commencement.\n- (i) a coal or oil shale exploration tenement; and\n- (ii) a petroleum lease; and\n- (a) this subdivision does not apply to an MDL granted before the petroleum lease; and\n- (b) this subdivision does not apply, or ceases to apply, if the same person holds the exploration tenement and the lease.","sortOrder":955},{"sectionNumber":"sec.752","sectionType":"section","heading":"Modified application of s 318CI until 3 months after commencement","content":"### sec.752 Modified application of s 318CI until 3 months after commencement\n\nIf, immediately before the commencement, an authorised activity for the exploration tenement was being carried out on the land, section 318CI does not apply for the carrying out of the activity on the land during the period that—\nstarts on the commencement; and\nends 3 months after the commencement.\nHowever, if the carrying out of the activity during the period adversely affects the carrying out of an authorised activity for the lease, the activity may be carried out during the period only if section 318CI is complied with.\nSubsection (2) applies whether or not the authorised activity for the lease has already started.\ns 752 ins 2004 No. 25 s 1028\n(sec.752-ssec.1) If, immediately before the commencement, an authorised activity for the exploration tenement was being carried out on the land, section 318CI does not apply for the carrying out of the activity on the land during the period that— starts on the commencement; and ends 3 months after the commencement.\n(sec.752-ssec.2) However, if the carrying out of the activity during the period adversely affects the carrying out of an authorised activity for the lease, the activity may be carried out during the period only if section 318CI is complied with.\n(sec.752-ssec.3) Subsection (2) applies whether or not the authorised activity for the lease has already started.\n- (a) starts on the commencement; and\n- (b) ends 3 months after the commencement.","sortOrder":956},{"sectionNumber":"sec.753","sectionType":"section","heading":"Power to relinquish if activity restricted","content":"### sec.753 Power to relinquish if activity restricted\n\nIf, because of the restriction under section 752(2), the activity can not be carried out, the exploration tenement holder may with the Minister’s approval lodge a written notice—\nrelinquishing the part of the area of the exploration tenement to which the restriction applies; and\nproposing, for the Minister’s approval, amendments to the exploration tenement accepted by the Minister under section 133(1)(g)(i) or 183(1)(m)(i)(B) to reflect the restriction.\nThe notice must be lodged at—\nthe office of the department for lodging the notice, as stated in a gazette notice by the chief executive; or\nif no office is gazetted under paragraph (a)—the office of the chief executive.\nSubsection (1) does not limit section 141C.\nThe proposed amendments have no effect unless the Minister approves them.\ns 753 ins 2004 No. 25 s 1028 (amd 2004 No. 26 s 263 (6) – (7) )\n(sec.753-ssec.1) If, because of the restriction under section 752(2), the activity can not be carried out, the exploration tenement holder may with the Minister’s approval lodge a written notice— relinquishing the part of the area of the exploration tenement to which the restriction applies; and proposing, for the Minister’s approval, amendments to the exploration tenement accepted by the Minister under section 133(1)(g)(i) or 183(1)(m)(i)(B) to reflect the restriction.\n(sec.753-ssec.2) The notice must be lodged at— the office of the department for lodging the notice, as stated in a gazette notice by the chief executive; or if no office is gazetted under paragraph (a)—the office of the chief executive.\n(sec.753-ssec.3) Subsection (1) does not limit section 141C.\n(sec.753-ssec.4) The proposed amendments have no effect unless the Minister approves them.\n- (a) relinquishing the part of the area of the exploration tenement to which the restriction applies; and\n- (b) proposing, for the Minister’s approval, amendments to the exploration tenement accepted by the Minister under section 133(1)(g)(i) or 183(1)(m)(i)(B) to reflect the restriction.\n- (a) the office of the department for lodging the notice, as stated in a gazette notice by the chief executive; or\n- (b) if no office is gazetted under paragraph (a)—the office of the chief executive.","sortOrder":957},{"sectionNumber":"sec.754","sectionType":"section","heading":"Application of sdiv 7","content":"### sec.754 Application of sdiv 7\n\nThis subdivision applies if, before the commencement, a petroleum lease under the Petroleum Act 1923 was granted and when it was granted the area of the lease included any of the following land ( overlapping land )—\nland in the area of an MDL that is a coal or oil shale exploration tenement;\nland the subject of an application (the MDL application ) for an MDL made but not decided before the commencement if the MDL applied for would, if granted, be a coal or oil shale exploration tenement under that Act.\nHowever, this subdivision does not apply, or ceases to apply, if—\nthe same person holds the lease and the MDL; or\nthe overlapping land ceases to be in the area of the lease or the MDL, or subject to the MDL application; or\nthe person who made the MDL application (the MDL applicant ) is also the lessee; or\nthe MDL application is rejected; or\nthe MDL holder or the MDL applicant has agreed in writing with the lessee that this division does not apply.\ns 754 ins 2004 No. 25 s 1028\n(sec.754-ssec.1) This subdivision applies if, before the commencement, a petroleum lease under the Petroleum Act 1923 was granted and when it was granted the area of the lease included any of the following land ( overlapping land )— land in the area of an MDL that is a coal or oil shale exploration tenement; land the subject of an application (the MDL application ) for an MDL made but not decided before the commencement if the MDL applied for would, if granted, be a coal or oil shale exploration tenement under that Act.\n(sec.754-ssec.2) However, this subdivision does not apply, or ceases to apply, if— the same person holds the lease and the MDL; or the overlapping land ceases to be in the area of the lease or the MDL, or subject to the MDL application; or the person who made the MDL application (the MDL applicant ) is also the lessee; or the MDL application is rejected; or the MDL holder or the MDL applicant has agreed in writing with the lessee that this division does not apply.\n- (a) land in the area of an MDL that is a coal or oil shale exploration tenement;\n- (b) land the subject of an application (the MDL application ) for an MDL made but not decided before the commencement if the MDL applied for would, if granted, be a coal or oil shale exploration tenement under that Act.\n- (a) the same person holds the lease and the MDL; or\n- (b) the overlapping land ceases to be in the area of the lease or the MDL, or subject to the MDL application; or\n- (c) the person who made the MDL application (the MDL applicant ) is also the lessee; or\n- (d) the MDL application is rejected; or\n- (e) the MDL holder or the MDL applicant has agreed in writing with the lessee that this division does not apply.","sortOrder":958},{"sectionNumber":"sec.755","sectionType":"section","heading":"Substituted restriction on authorised activities","content":"### sec.755 Substituted restriction on authorised activities\n\nThis section applies instead of section 318CI for the MDL or any licence granted because of the MDL application.\nAn authorised activity for the MDL may be carried out on the overlapping land only if—\nan agreement between the MDL holder and the lessee about coordinated development or access on the overlapping land provides that the activity may be carried out; or\nthe required notice has been given and the carrying out of the activity—\ndoes not interfere with the carrying out of an authorised activity under the lease on the overlapping land; and\nis consistent with the safety management plan under the Petroleum and Gas (Production and Safety) Act for any operating plant on the overlapping land, the operation of which is an authorised activity for the lease.\nSubsection (2)(b) applies whether or not the authorised activity for the lease has already started.\nIn this section—\nrequired notice means a notice from the MDL holder to the lessee, given a reasonable period before the start of the authorised activity for the MDL, that states when and where the activity is proposed to be carried out.\ns 755 ins 2004 No. 25 s 1028 (amd 2004 No. 26 s 69 (2) sch )\n(sec.755-ssec.1) This section applies instead of section 318CI for the MDL or any licence granted because of the MDL application.\n(sec.755-ssec.2) An authorised activity for the MDL may be carried out on the overlapping land only if— an agreement between the MDL holder and the lessee about coordinated development or access on the overlapping land provides that the activity may be carried out; or the required notice has been given and the carrying out of the activity— does not interfere with the carrying out of an authorised activity under the lease on the overlapping land; and is consistent with the safety management plan under the Petroleum and Gas (Production and Safety) Act for any operating plant on the overlapping land, the operation of which is an authorised activity for the lease.\n(sec.755-ssec.3) Subsection (2)(b) applies whether or not the authorised activity for the lease has already started.\n(sec.755-ssec.4) In this section— required notice means a notice from the MDL holder to the lessee, given a reasonable period before the start of the authorised activity for the MDL, that states when and where the activity is proposed to be carried out.\n- (a) an agreement between the MDL holder and the lessee about coordinated development or access on the overlapping land provides that the activity may be carried out; or\n- (b) the required notice has been given and the carrying out of the activity— (i) does not interfere with the carrying out of an authorised activity under the lease on the overlapping land; and (ii) is consistent with the safety management plan under the Petroleum and Gas (Production and Safety) Act for any operating plant on the overlapping land, the operation of which is an authorised activity for the lease.\n- (i) does not interfere with the carrying out of an authorised activity under the lease on the overlapping land; and\n- (ii) is consistent with the safety management plan under the Petroleum and Gas (Production and Safety) Act for any operating plant on the overlapping land, the operation of which is an authorised activity for the lease.\n- (i) does not interfere with the carrying out of an authorised activity under the lease on the overlapping land; and\n- (ii) is consistent with the safety management plan under the Petroleum and Gas (Production and Safety) Act for any operating plant on the overlapping land, the operation of which is an authorised activity for the lease.","sortOrder":959},{"sectionNumber":"sec.756","sectionType":"section","heading":"Application of sdiv 8","content":"### sec.756 Application of sdiv 8\n\nThis subdivision applies for any coal or oil shale mining lease in force immediately before the commencement.\nSections 757 to 759 also apply for any coal or oil shale mining lease granted for an application made before 31 December 2004 if the land the subject of the application was not in the area of a petroleum tenure.\nFor applying subsection (2), the definition relevant period in section 758(4) is taken to be as follows—\nrelevant period means 6 months after the first anniversary of the grant of the lease.\ns 756 ins 2004 No. 25 s 1028\namd 2005 No. 3 s 8A\n(sec.756-ssec.1) This subdivision applies for any coal or oil shale mining lease in force immediately before the commencement.\n(sec.756-ssec.2) Sections 757 to 759 also apply for any coal or oil shale mining lease granted for an application made before 31 December 2004 if the land the subject of the application was not in the area of a petroleum tenure.\n(sec.756-ssec.3) For applying subsection (2), the definition relevant period in section 758(4) is taken to be as follows— relevant period means 6 months after the first anniversary of the grant of the lease.","sortOrder":960},{"sectionNumber":"sec.757","sectionType":"section","heading":"Deferral of obligation to comply with development plan","content":"### sec.757 Deferral of obligation to comply with development plan\n\nSections 318DQ and 318DR do not apply for the coal or oil shale mining lease until—\nif its holder complies with section 758—when the Minister’s decision about whether to approve the holder’s proposed development plan takes effect; or\nif its holder does not comply with section 758—6 months after the commencement.\ns 757 ins 2004 No. 25 s 1028 (amd 2004 No. 26 s 263 (8) )\n- (a) if its holder complies with section 758—when the Minister’s decision about whether to approve the holder’s proposed development plan takes effect; or\n- (b) if its holder does not comply with section 758—6 months after the commencement.","sortOrder":961},{"sectionNumber":"sec.758","sectionType":"section","heading":"Obligation to lodge proposed development plan","content":"### sec.758 Obligation to lodge proposed development plan\n\nIt is a condition of the coal or oil shale mining lease that its holder must, within the relevant period, lodge at the following office a proposed initial development plan for the lease—\nthe office of the department for lodging proposed development plans, as stated in a gazette notice by the chief executive;\nif no office is gazetted under paragraph (a)—the office of the chief executive.\nThe proposed plan must—\ncomply with the initial development plan requirements; and\nSee also section 318ED.\nbe accompanied by the fee prescribed under a regulation.\nSection 318DP and part 7AA, division 9, subdivision 3, apply for the proposed plan as if a reference in sections 318DZ to 318EA to a proposed mining lease were a reference to the coal or oil shale mining lease.\nIn this section—\nrelevant period means—\nif, at the commencement, the lease has underground coal mining operations or the holder is carrying out activities to manage or mine coal seam gas—6 months after the commencement; or\notherwise—6 months after the first anniversary of the grant of the lease that happens after the commencement.\ns 758 ins 2004 No. 25 s 1028\namd 2012 No. 20 s 125 sch 1\n(sec.758-ssec.1) It is a condition of the coal or oil shale mining lease that its holder must, within the relevant period, lodge at the following office a proposed initial development plan for the lease— the office of the department for lodging proposed development plans, as stated in a gazette notice by the chief executive; if no office is gazetted under paragraph (a)—the office of the chief executive.\n(sec.758-ssec.2) The proposed plan must— comply with the initial development plan requirements; and See also section 318ED. be accompanied by the fee prescribed under a regulation.\n(sec.758-ssec.3) Section 318DP and part 7AA, division 9, subdivision 3, apply for the proposed plan as if a reference in sections 318DZ to 318EA to a proposed mining lease were a reference to the coal or oil shale mining lease.\n(sec.758-ssec.4) In this section— relevant period means— if, at the commencement, the lease has underground coal mining operations or the holder is carrying out activities to manage or mine coal seam gas—6 months after the commencement; or otherwise—6 months after the first anniversary of the grant of the lease that happens after the commencement.\n- (a) the office of the department for lodging proposed development plans, as stated in a gazette notice by the chief executive;\n- (b) if no office is gazetted under paragraph (a)—the office of the chief executive.\n- (a) comply with the initial development plan requirements; and Note— See also section 318ED.\n- (b) be accompanied by the fee prescribed under a regulation.\n- (a) if, at the commencement, the lease has underground coal mining operations or the holder is carrying out activities to manage or mine coal seam gas—6 months after the commencement; or\n- (b) otherwise—6 months after the first anniversary of the grant of the lease that happens after the commencement.","sortOrder":962},{"sectionNumber":"sec.759","sectionType":"section","heading":"Application of pt 7AA, div 9, sdiv 3 for approval of proposed plan","content":"### sec.759 Application of pt 7AA, div 9, sdiv 3 for approval of proposed plan\n\nIf the holder complies with section 758, part 7AA, division 9, subdivision 3 applies—\nas if a reference in the subdivision to a proposed mining lease were a reference to the coal or oil shale mining lease; and\nsubject to section 760; and\nwith other necessary changes.\nFor section 318AH, the reference to a development plan approved under part 7AA, division 8 is taken to include a reference to a development plan approved under division 8 as applied under subsection (1).\ns 759 ins 2004 No. 25 s 1028\n(sec.759-ssec.1) If the holder complies with section 758, part 7AA, division 9, subdivision 3 applies— as if a reference in the subdivision to a proposed mining lease were a reference to the coal or oil shale mining lease; and subject to section 760; and with other necessary changes.\n(sec.759-ssec.2) For section 318AH, the reference to a development plan approved under part 7AA, division 8 is taken to include a reference to a development plan approved under division 8 as applied under subsection (1).\n- (a) as if a reference in the subdivision to a proposed mining lease were a reference to the coal or oil shale mining lease; and\n- (b) subject to section 760; and\n- (c) with other necessary changes.","sortOrder":963},{"sectionNumber":"sec.760","sectionType":"section","heading":"Additional requirement for proposed development plan for mineral hydrocarbon mining lease","content":"### sec.760 Additional requirement for proposed development plan for mineral hydrocarbon mining lease\n\nIf the coal or oil shale mining lease is a mineral hydrocarbon mining lease, a proposed development plan for the lease lodged under section 758 must—\nshow that the lease holder proposes to commercialise coal seam gas; or\ninclude, or be accompanied by, evidence that satisfies the Minister that—\nthe holder has fully investigated the opportunities to commercialise coal seam gas; and\nthere is no basis to commercialise coal seam gas.\nIn this section—\ncommercialise , for coal seam gas, means to carry out commercial mining of coal seam gas under the rights for the lease under section 747(1).\ns 760 ins 2004 No. 25 s 1028\n(sec.760-ssec.1) If the coal or oil shale mining lease is a mineral hydrocarbon mining lease, a proposed development plan for the lease lodged under section 758 must— show that the lease holder proposes to commercialise coal seam gas; or include, or be accompanied by, evidence that satisfies the Minister that— the holder has fully investigated the opportunities to commercialise coal seam gas; and there is no basis to commercialise coal seam gas.\n(sec.760-ssec.2) In this section— commercialise , for coal seam gas, means to carry out commercial mining of coal seam gas under the rights for the lease under section 747(1).\n- (a) show that the lease holder proposes to commercialise coal seam gas; or\n- (b) include, or be accompanied by, evidence that satisfies the Minister that— (i) the holder has fully investigated the opportunities to commercialise coal seam gas; and (ii) there is no basis to commercialise coal seam gas.\n- (i) the holder has fully investigated the opportunities to commercialise coal seam gas; and\n- (ii) there is no basis to commercialise coal seam gas.\n- (i) the holder has fully investigated the opportunities to commercialise coal seam gas; and\n- (ii) there is no basis to commercialise coal seam gas.","sortOrder":964},{"sectionNumber":"sec.761","sectionType":"section","heading":"Additional condition for proposed development plan for mineral hydrocarbon mining lease","content":"### sec.761 Additional condition for proposed development plan for mineral hydrocarbon mining lease\n\nThis section applies if—\nthe coal or oil shale mining lease is a mineral hydrocarbon mining lease; and\nthe lease holder has, under section 758, lodged a proposed development plan for the lease; and\nthe Minister is not satisfied as mentioned in section 760(1)(b).\nThe Minister may, by written notice, require the holder to carry out further investigations and lodge a written report about the investigations within a stated reasonable period at—\nthe office of the department for lodging the report, as stated in a gazette notice by the chief executive; or\nif no office is gazetted under paragraph (a)—the office of the chief executive.\nIt is a condition of the lease that the holder must comply with the requirement.\nIn this section—\ninvestigations includes discussions with the holder of any petroleum authority the area of which is included in the area of the mineral hydrocarbon mining lease.\ns 761 ins 2004 No. 25 s 1028 (amd 2004 No. 26 s 69 (2) sch )\n(sec.761-ssec.1) This section applies if— the coal or oil shale mining lease is a mineral hydrocarbon mining lease; and the lease holder has, under section 758, lodged a proposed development plan for the lease; and the Minister is not satisfied as mentioned in section 760(1)(b).\n(sec.761-ssec.2) The Minister may, by written notice, require the holder to carry out further investigations and lodge a written report about the investigations within a stated reasonable period at— the office of the department for lodging the report, as stated in a gazette notice by the chief executive; or if no office is gazetted under paragraph (a)—the office of the chief executive.\n(sec.761-ssec.3) It is a condition of the lease that the holder must comply with the requirement.\n(sec.761-ssec.4) In this section— investigations includes discussions with the holder of any petroleum authority the area of which is included in the area of the mineral hydrocarbon mining lease.\n- (a) the coal or oil shale mining lease is a mineral hydrocarbon mining lease; and\n- (b) the lease holder has, under section 758, lodged a proposed development plan for the lease; and\n- (c) the Minister is not satisfied as mentioned in section 760(1)(b).\n- (a) the office of the department for lodging the report, as stated in a gazette notice by the chief executive; or\n- (b) if no office is gazetted under paragraph (a)—the office of the chief executive.","sortOrder":965},{"sectionNumber":"sec.762","sectionType":"section","heading":"Omission of particular conditions to be superseded by development plan","content":"### sec.762 Omission of particular conditions to be superseded by development plan\n\nThis section applies to a coal or oil shale mining lease as follows and the condition of the lease stated opposite the lease—\nMining lease number\nCondition\nML6949\ncondition 2.35 in the annexure to the lease\nML70108\nspecial condition and reservation 1 in schedule 3 to the lease\nML70241\nthe special condition in schedule B to the lease\nFrom the first approval of a development plan for the lease after the commencement the condition is no longer a condition of the lease.\nThe mining registrar must, as soon as practicable after the first approval, amend the instrument of the lease to omit the condition.\ns 762 ins 2004 No. 25 s 1028\n(sec.762-ssec.1) This section applies to a coal or oil shale mining lease as follows and the condition of the lease stated opposite the lease— Mining lease number Condition ML6949 condition 2.35 in the annexure to the lease ML70108 special condition and reservation 1 in schedule 3 to the lease ML70241 the special condition in schedule B to the lease\n(sec.762-ssec.2) From the first approval of a development plan for the lease after the commencement the condition is no longer a condition of the lease.\n(sec.762-ssec.3) The mining registrar must, as soon as practicable after the first approval, amend the instrument of the lease to omit the condition.","sortOrder":966},{"sectionNumber":"sec.763","sectionType":"section","heading":"Development plan requirements for renewal applications if no current development plan","content":"### sec.763 Development plan requirements for renewal applications if no current development plan\n\nThis section applies for a renewal application for the coal or oil shale mining lease if the lease does not yet have a development plan.\nSee section 758.\nSubsections (3) to (5) apply instead of sections 318DI(2), 318DJ and 318DK.\nThe application must include a proposed development plan for the renewed lease.\nThe provisions of part 7AA, division 9, subdivision 3 apply—\nas if a reference in the subdivision to a proposed mining lease were a reference to the coal or oil shale mining lease; and\nsubject to section 760; and\nwith other necessary changes.\nFor section 318AH, the reference to a development plan approved under part 7AA, division 8 is taken to include a reference to a development plan approved under division 8 as applied under subsection (4).\ns 763 ins 2004 No. 25 s 1028\namd 2012 No. 20 s 125 sch 1\n(sec.763-ssec.1) This section applies for a renewal application for the coal or oil shale mining lease if the lease does not yet have a development plan. See section 758.\n(sec.763-ssec.2) Subsections (3) to (5) apply instead of sections 318DI(2), 318DJ and 318DK.\n(sec.763-ssec.3) The application must include a proposed development plan for the renewed lease.\n(sec.763-ssec.4) The provisions of part 7AA, division 9, subdivision 3 apply— as if a reference in the subdivision to a proposed mining lease were a reference to the coal or oil shale mining lease; and subject to section 760; and with other necessary changes.\n(sec.763-ssec.5) For section 318AH, the reference to a development plan approved under part 7AA, division 8 is taken to include a reference to a development plan approved under division 8 as applied under subsection (4).\n- (a) as if a reference in the subdivision to a proposed mining lease were a reference to the coal or oil shale mining lease; and\n- (b) subject to section 760; and\n- (c) with other necessary changes.","sortOrder":967},{"sectionNumber":"ch.15-pt.2-div.7","sectionType":"division","heading":"Transitional provisions for Mineral Resources and Other Legislation Amendment Act 2005","content":"## Transitional provisions for Mineral Resources and Other Legislation Amendment Act 2005","sortOrder":968},{"sectionNumber":"sec.764","sectionType":"section","heading":"Application of particular provisions","content":"### sec.764 Application of particular provisions\n\nEach of sections 81, 138(2) to (4), 139, 141, 194 and 276, as amended, applies to the mining tenement mentioned in the section whether the tenement is granted before or after the commencement of the amendment.\nEach of sections 85 and 93(3)(c), as amended, applies to an application for renewal of a mining claim made, but not decided, before the commencement of the amendment.\nEach of sections 85A and 279A applies if—\nthe circumstances mentioned in subsection (1)(a) of the section arise before the commencement of the section; and\nthe 3-month period mentioned in subsection (1)(b) of the section ends after the commencement.\nSection 137(3)(h) applies to an exploration permit applied for before, but granted after, the commencement of the provision.\nEach of sections 133, 147, 197 and 286 as in force immediately before the section’s amendment continues to apply, despite the amendment, in relation to applications made, but not decided, before the amendment.\nSection 144, as amended, applies in relation to a determination made by the Minister under section 144(1) after the commencement of the amendment, even if the application for the grant or renewal mentioned in the section was made before the commencement.\nSection 269, as amended, applies in relation to an application for the grant of a mining lease made before the commencement of the amendment if the tribunal’s recommendation is made after the commencement.\nIn this section—\namended means amended or repealed by the amending Act.\namending Act means the Mineral Resources and Other Legislation Amendment Act 2005 .\ns 764 (prev s 739) ins 2004 No. 8 s 44\nrenum and reloc 2007 No. 39 s 35\n(sec.764-ssec.1) Each of sections 81, 138(2) to (4), 139, 141, 194 and 276, as amended, applies to the mining tenement mentioned in the section whether the tenement is granted before or after the commencement of the amendment.\n(sec.764-ssec.2) Each of sections 85 and 93(3)(c), as amended, applies to an application for renewal of a mining claim made, but not decided, before the commencement of the amendment.\n(sec.764-ssec.3) Each of sections 85A and 279A applies if— the circumstances mentioned in subsection (1)(a) of the section arise before the commencement of the section; and the 3-month period mentioned in subsection (1)(b) of the section ends after the commencement.\n(sec.764-ssec.4) Section 137(3)(h) applies to an exploration permit applied for before, but granted after, the commencement of the provision.\n(sec.764-ssec.5) Each of sections 133, 147, 197 and 286 as in force immediately before the section’s amendment continues to apply, despite the amendment, in relation to applications made, but not decided, before the amendment.\n(sec.764-ssec.6) Section 144, as amended, applies in relation to a determination made by the Minister under section 144(1) after the commencement of the amendment, even if the application for the grant or renewal mentioned in the section was made before the commencement.\n(sec.764-ssec.7) Section 269, as amended, applies in relation to an application for the grant of a mining lease made before the commencement of the amendment if the tribunal’s recommendation is made after the commencement.\n(sec.764-ssec.8) In this section— amended means amended or repealed by the amending Act. amending Act means the Mineral Resources and Other Legislation Amendment Act 2005 .\n- (a) the circumstances mentioned in subsection (1)(a) of the section arise before the commencement of the section; and\n- (b) the 3-month period mentioned in subsection (1)(b) of the section ends after the commencement.","sortOrder":969},{"sectionNumber":"sec.764A","sectionType":"section","heading":"Application of public interest provisions to undecided applications","content":"### sec.764A Application of public interest provisions to undecided applications\n\nTo remove any doubt, it is declared that to the extent they are relevant the public interest provisions apply to any undecided application for the renewal of a mining tenement.\nIn this section—\npublic interest provisions means sections 147A(1)(d), 197A(1)(e) and 286A(1)(g).\nundecided application means an application lodged but not decided before the public interest provisions commenced.\ns 764A ins 2009 No. 3 s 513\n(sec.764A-ssec.1) To remove any doubt, it is declared that to the extent they are relevant the public interest provisions apply to any undecided application for the renewal of a mining tenement.\n(sec.764A-ssec.2) In this section— public interest provisions means sections 147A(1)(d), 197A(1)(e) and 286A(1)(g). undecided application means an application lodged but not decided before the public interest provisions commenced.","sortOrder":970},{"sectionNumber":"ch.15-pt.2-div.8","sectionType":"division","heading":"Transitional provisions for Land Court and Other Legislation Amendment Act 2007","content":"## Transitional provisions for Land Court and Other Legislation Amendment Act 2007","sortOrder":971},{"sectionNumber":"sec.765","sectionType":"section","heading":"Particular references to Land Court to be taken to be references to tribunal","content":"### sec.765 Particular references to Land Court to be taken to be references to tribunal\n\nA reference in this Act to the Land Court is taken to be a reference to the tribunal for—\nany application under this Act, including any proceeding relating to the application, to which any provision of the native title provisions applies; and\nany other matter that is the subject of the native title provisions if, in the opinion of the Land Court or the tribunal, it is necessary or convenient that the reference be taken to be a reference to the tribunal.\nIf, for a particular matter, subsection (1) would require a reference, in a relevant section, to the Land Court to be taken to be a reference to the tribunal, any reference in the section to the Land Appeal Court is taken to be a reference to the tribunal (appeal) as defined in the section immediately before the commencement of this section.\nIn this section—\nrelevant section means section 86 or section 282.\ns 765 ins 2007 No. 39 s 36\n(sec.765-ssec.1) A reference in this Act to the Land Court is taken to be a reference to the tribunal for— any application under this Act, including any proceeding relating to the application, to which any provision of the native title provisions applies; and any other matter that is the subject of the native title provisions if, in the opinion of the Land Court or the tribunal, it is necessary or convenient that the reference be taken to be a reference to the tribunal.\n(sec.765-ssec.2) If, for a particular matter, subsection (1) would require a reference, in a relevant section, to the Land Court to be taken to be a reference to the tribunal, any reference in the section to the Land Appeal Court is taken to be a reference to the tribunal (appeal) as defined in the section immediately before the commencement of this section.\n(sec.765-ssec.3) In this section— relevant section means section 86 or section 282.\n- (a) any application under this Act, including any proceeding relating to the application, to which any provision of the native title provisions applies; and\n- (b) any other matter that is the subject of the native title provisions if, in the opinion of the Land Court or the tribunal, it is necessary or convenient that the reference be taken to be a reference to the tribunal.","sortOrder":972},{"sectionNumber":"sec.766","sectionType":"section","heading":"Reference to tribunal in s 764 (Application of particular provisions)","content":"### sec.766 Reference to tribunal in s 764 (Application of particular provisions)\n\nThe reference in section 764(7) to the tribunal may, for a recommendation mentioned in that provision that is made by the Land Court after the commencement of this section, be taken to be a reference to the Land Court.\ns 766 ins 2007 No. 39 s 36","sortOrder":973},{"sectionNumber":"ch.15-pt.2-div.9","sectionType":"division","heading":"Transitional provision for Mining and Other Legislation Amendment Act 2007","content":"## Transitional provision for Mining and Other Legislation Amendment Act 2007","sortOrder":974},{"sectionNumber":"sec.766A","sectionType":"section","heading":"Provision for amendment of s 133","content":"### sec.766A Provision for amendment of s 133\n\nThis section applies for an exploration permit application if—\nit was lodged on or before 31 March 2003; and\nit had not been decided before the commencement of this section; and\nany of the native title provisions apply for the deciding of the application.\nSection 133 applies for the deciding of the application as if the amendment of that section under the Mining and Other Legislation Amendment Act 2007 had not been enacted.\ns 766A (prev s 766) ins 2007 No. 46 s 94\nrenum 2012 No. 20 s 125 sch 1\n(sec.766A-ssec.1) This section applies for an exploration permit application if— it was lodged on or before 31 March 2003; and it had not been decided before the commencement of this section; and any of the native title provisions apply for the deciding of the application.\n(sec.766A-ssec.2) Section 133 applies for the deciding of the application as if the amendment of that section under the Mining and Other Legislation Amendment Act 2007 had not been enacted.\n- (a) it was lodged on or before 31 March 2003; and\n- (b) it had not been decided before the commencement of this section; and\n- (c) any of the native title provisions apply for the deciding of the application.","sortOrder":975},{"sectionNumber":"ch.15-pt.2-div.10","sectionType":"division","heading":"Transitional provisions for Clean Energy Act 2008","content":"## Transitional provisions for Clean Energy Act 2008","sortOrder":976},{"sectionNumber":"sec.767","sectionType":"section","heading":"Continuation of regulation under s 391","content":"### sec.767 Continuation of regulation under s 391\n\nThis section applies to the Mineral Resources Regulation 2003 , part 8 and schedule 3 (the restricted area arrangements ), as in force immediately before the commencement of this section.\nThe restricted area arrangements continue to have effect as if the amendment of section 391 under the Clean Energy Act 2008 had not commenced.\nAny provision included in the restricted area arrangements may be repealed by a regulation under this Act but a provision may not be amended.\ns 767 ins 2008 No. 33 s 105\n(sec.767-ssec.1) This section applies to the Mineral Resources Regulation 2003 , part 8 and schedule 3 (the restricted area arrangements ), as in force immediately before the commencement of this section.\n(sec.767-ssec.2) The restricted area arrangements continue to have effect as if the amendment of section 391 under the Clean Energy Act 2008 had not commenced.\n(sec.767-ssec.3) Any provision included in the restricted area arrangements may be repealed by a regulation under this Act but a provision may not be amended.","sortOrder":977},{"sectionNumber":"sec.767A","sectionType":"section","heading":"Application of s 208(3A) to existing applications","content":"### sec.767A Application of s 208(3A) to existing applications\n\nTo remove any doubt, it is declared that section 208(3A) applies to an application lodged under section 208 but not decided before section 208(3A) commenced.\ns 767A ins 2009 No. 3 s 515","sortOrder":978},{"sectionNumber":"ch.15-pt.2-div.11","sectionType":"division","heading":"Transitional provision for Mines and Energy Legislation Amendment Act 2008","content":"## Transitional provision for Mines and Energy Legislation Amendment Act 2008","sortOrder":979},{"sectionNumber":"sec.768","sectionType":"section","heading":"Application of div 11","content":"### sec.768 Application of div 11\n\nThis division applies to a mining tenement granted before 1 January 2009 if it is a mining claim, mineral development licence or mining lease.\ns 768 ins 2008 No. 56 s 77","sortOrder":980},{"sectionNumber":"sec.769","sectionType":"section","heading":"Transitional provision for rental","content":"### sec.769 Transitional provision for rental\n\nSubject to subsections (2) and (3), the unamended rental provision continues to apply to the mining tenement up to 31 August 2009.\nThe amended rental provision applies to the mining tenement for any rental year starting on or after 1 September 2009.\nHowever, for applying subsections (4) and (5)(b) of the unamended rental provision, the period from 1 January 2009 to 31 August 2009 (the nominal year ) is taken to be a whole rental year.\nThe amount of the rental prescribed for the nominal year is taken to be two-thirds of the amount of the rental prescribed for 2009.\nIn this section—\namended rental provision means the following as in force on the date of assent of the amending Act—\nif the mining tenement is a mining claim—section 95;\nif the mining tenement is a mineral development licence—section 193;\nif the mining tenement is a mining lease—section 290.\namending Act means the Mines and Energy Legislation Amendment Act 2008 .\nunamended rental provision means the following as in force before the date of assent of the amending Act—\nif the mining tenement is a mining claim—section 95;\nif the mining tenement is a mineral development licence—section 193;\nif the mining tenement is a mining lease—section 290.\ns 769 ins 2008 No. 56 s 77\n(sec.769-ssec.1) Subject to subsections (2) and (3), the unamended rental provision continues to apply to the mining tenement up to 31 August 2009.\n(sec.769-ssec.2) The amended rental provision applies to the mining tenement for any rental year starting on or after 1 September 2009.\n(sec.769-ssec.3) However, for applying subsections (4) and (5)(b) of the unamended rental provision, the period from 1 January 2009 to 31 August 2009 (the nominal year ) is taken to be a whole rental year.\n(sec.769-ssec.4) The amount of the rental prescribed for the nominal year is taken to be two-thirds of the amount of the rental prescribed for 2009.\n(sec.769-ssec.5) In this section— amended rental provision means the following as in force on the date of assent of the amending Act— if the mining tenement is a mining claim—section 95; if the mining tenement is a mineral development licence—section 193; if the mining tenement is a mining lease—section 290. amending Act means the Mines and Energy Legislation Amendment Act 2008 . unamended rental provision means the following as in force before the date of assent of the amending Act— if the mining tenement is a mining claim—section 95; if the mining tenement is a mineral development licence—section 193; if the mining tenement is a mining lease—section 290.\n- (a) if the mining tenement is a mining claim—section 95;\n- (b) if the mining tenement is a mineral development licence—section 193;\n- (c) if the mining tenement is a mining lease—section 290.\n- (a) if the mining tenement is a mining claim—section 95;\n- (b) if the mining tenement is a mineral development licence—section 193;\n- (c) if the mining tenement is a mining lease—section 290.","sortOrder":981},{"sectionNumber":"sec.770","sectionType":"section","heading":"Transitional provision for contravention provisions","content":"### sec.770 Transitional provision for contravention provisions\n\nFor applying section 95(5)(a), 193(5)(a) or 290(5)(a) to the mining tenement before 2 April 2009, the reference in that provision to 30 September is taken to be a reference to 31 January.\nFor applying section 106(2)(a), 209(2)(a) or 308(2)(a) to the mining tenement before 2 April 2009, the reference in that provision to 1 December is taken to be a reference to 1 April.\ns 770 ins 2008 No. 56 s 77\n(sec.770-ssec.1) For applying section 95(5)(a), 193(5)(a) or 290(5)(a) to the mining tenement before 2 April 2009, the reference in that provision to 30 September is taken to be a reference to 31 January.\n(sec.770-ssec.2) For applying section 106(2)(a), 209(2)(a) or 308(2)(a) to the mining tenement before 2 April 2009, the reference in that provision to 1 December is taken to be a reference to 1 April.","sortOrder":982},{"sectionNumber":"sec.771","sectionType":"section","heading":"Payment of rent for special agreement Act leases","content":"### sec.771 Payment of rent for special agreement Act leases\n\nFrom the commencement of this section—\nthe designated rental provision applies for the payment of rent under any special agreement Act lease; and\na provision of any of the following ceases to apply to the extent the provision conflicts with the designated rental provision—\na special agreement Act;\nan agreement mentioned in a special agreement Act;\na special agreement Act lease.\nThe application of the designated rental provision is subject to subdivision 1.\nTo remove any doubt, it is declared that the designated rental provision applies as mentioned in subsection (1)(a) despite the relevant special agreement Act and the repealed transitional schedule.\nThis section does not affect or otherwise limit the application of section 290A to a special agreement Act lease.\nIn this section—\ndesignated rental provision , for a special agreement Act lease, means—\nif the lease has been renewed since 1 September 1990—section 290; or\nif the lease has not been renewed since 1 September 1990—modified section 290.\nmodified section 290 means section 290 changed so that the references in section 290(4) and (5)(b) to the prescribed amount for a rental year are, for a special agreement Act lease, references to the rental payable for the period that corresponds to that year under the relevant—\nspecial agreement Act; or\nagreement mentioned in a special agreement Act; or\nspecial agreement Act lease.\nrepealed transitional schedule means the former schedule to this Act that was repealed by the Offshore Minerals Act 1998 .\nspecial agreement Act means an Act mentioned in the table to section 3(1) of the repealed transitional schedule.\nspecial agreement Act lease means a lease mentioned in section 3(1)(b) of the repealed transitional schedule.\ns 771 ins 2008 No. 56 s 77\n(sec.771-ssec.1) From the commencement of this section— the designated rental provision applies for the payment of rent under any special agreement Act lease; and a provision of any of the following ceases to apply to the extent the provision conflicts with the designated rental provision— a special agreement Act; an agreement mentioned in a special agreement Act; a special agreement Act lease.\n(sec.771-ssec.2) The application of the designated rental provision is subject to subdivision 1.\n(sec.771-ssec.3) To remove any doubt, it is declared that the designated rental provision applies as mentioned in subsection (1)(a) despite the relevant special agreement Act and the repealed transitional schedule.\n(sec.771-ssec.4) This section does not affect or otherwise limit the application of section 290A to a special agreement Act lease.\n(sec.771-ssec.5) In this section— designated rental provision , for a special agreement Act lease, means— if the lease has been renewed since 1 September 1990—section 290; or if the lease has not been renewed since 1 September 1990—modified section 290. modified section 290 means section 290 changed so that the references in section 290(4) and (5)(b) to the prescribed amount for a rental year are, for a special agreement Act lease, references to the rental payable for the period that corresponds to that year under the relevant— special agreement Act; or agreement mentioned in a special agreement Act; or special agreement Act lease. repealed transitional schedule means the former schedule to this Act that was repealed by the Offshore Minerals Act 1998 . special agreement Act means an Act mentioned in the table to section 3(1) of the repealed transitional schedule. special agreement Act lease means a lease mentioned in section 3(1)(b) of the repealed transitional schedule.\n- (a) the designated rental provision applies for the payment of rent under any special agreement Act lease; and\n- (b) a provision of any of the following ceases to apply to the extent the provision conflicts with the designated rental provision— (i) a special agreement Act; (ii) an agreement mentioned in a special agreement Act; (iii) a special agreement Act lease.\n- (i) a special agreement Act;\n- (ii) an agreement mentioned in a special agreement Act;\n- (iii) a special agreement Act lease.\n- (i) a special agreement Act;\n- (ii) an agreement mentioned in a special agreement Act;\n- (iii) a special agreement Act lease.\n- (a) if the lease has been renewed since 1 September 1990—section 290; or\n- (b) if the lease has not been renewed since 1 September 1990—modified section 290.\n- (a) special agreement Act; or\n- (b) agreement mentioned in a special agreement Act; or\n- (c) special agreement Act lease.","sortOrder":983},{"sectionNumber":"sec.772","sectionType":"section","heading":"Existing applications","content":"### sec.772 Existing applications\n\nTo remove any doubt, it is declared that to the extent they are relevant the amendments to this Act under the amending Act apply to any undecided application for or relating to a mining tenement.\nIn this section—\namending Act means the Mines and Energy Legislation Amendment Act 2008 .\nundecided application means an application lodged but not decided before the date of assent of the amending Act.\ns 772 ins 2009 No. 3 s 516\n(sec.772-ssec.1) To remove any doubt, it is declared that to the extent they are relevant the amendments to this Act under the amending Act apply to any undecided application for or relating to a mining tenement.\n(sec.772-ssec.2) In this section— amending Act means the Mines and Energy Legislation Amendment Act 2008 . undecided application means an application lodged but not decided before the date of assent of the amending Act.","sortOrder":984},{"sectionNumber":"ch.15-pt.2-div.12","sectionType":"division","heading":"Transitional provision for Mines and Energy Legislation Amendment Act 2010","content":"## Transitional provision for Mines and Energy Legislation Amendment Act 2010","sortOrder":985},{"sectionNumber":"sec.773","sectionType":"section","heading":"Existing mining lease applications","content":"### sec.773 Existing mining lease applications\n\nThis section applies to an application for the grant of a mining lease lodged before the commencement but not heard by the Land Court before the commencement.\nIf a properly made objection was lodged before the commencement—\nprevious section 265 applies to the application; and\nthis Act as in force immediately before the commencement continues to apply to the Land Court for dealing with, or continuing to deal with, the application.\nIf a properly made objection was not lodged before the commencement—\namended section 265 applies to the application; and\nany reference under previous section 265 of the application to the Land Court for hearing is of no effect and is taken never to have had any effect; and\nthis Act as in force from the commencement applies to the application.\nIn this section—\namended section 265 means section 265 as in force immediately after the commencement.\ncommencement means the date of assent of the Mines and Energy Legislation Amendment Act 2010 .\nprevious section 265 means section 265 as in force before the commencement.\nproperly made objection means an objection to the application lodged in accordance with section 260.\ns 773 prev s 773 ins 2009 No. 3 s 516\nexp 24 February 2009 (see s 773(2))\nAIA s 20A applies (see s 773(3))\npres s 773 ins 2010 No. 17 s 59\nsub 2010 No. 31 s 424\n(sec.773-ssec.1) This section applies to an application for the grant of a mining lease lodged before the commencement but not heard by the Land Court before the commencement.\n(sec.773-ssec.2) If a properly made objection was lodged before the commencement— previous section 265 applies to the application; and this Act as in force immediately before the commencement continues to apply to the Land Court for dealing with, or continuing to deal with, the application.\n(sec.773-ssec.3) If a properly made objection was not lodged before the commencement— amended section 265 applies to the application; and any reference under previous section 265 of the application to the Land Court for hearing is of no effect and is taken never to have had any effect; and this Act as in force from the commencement applies to the application.\n(sec.773-ssec.4) In this section— amended section 265 means section 265 as in force immediately after the commencement. commencement means the date of assent of the Mines and Energy Legislation Amendment Act 2010 . previous section 265 means section 265 as in force before the commencement. properly made objection means an objection to the application lodged in accordance with section 260.\n- (a) previous section 265 applies to the application; and\n- (b) this Act as in force immediately before the commencement continues to apply to the Land Court for dealing with, or continuing to deal with, the application.\n- (a) amended section 265 applies to the application; and\n- (b) any reference under previous section 265 of the application to the Land Court for hearing is of no effect and is taken never to have had any effect; and\n- (c) this Act as in force from the commencement applies to the application.","sortOrder":986},{"sectionNumber":"ch.15-pt.2-div.13","sectionType":"division","heading":"Transitional provisions for amendments under Geothermal Energy Act 2010","content":"## Transitional provisions for amendments under Geothermal Energy Act 2010","sortOrder":987},{"sectionNumber":"sec.774","sectionType":"section","heading":"Reference to particular leases","content":"### sec.774 Reference to particular leases\n\nA reference in an Act, lease, contract or other document to a CQCAA lease is, if the context permits, taken to include a reference to a CQCAA lease that is renewed under this Act or any other Act relating to mining.\nIn this section—\nCQCAA lease means a special coal mining lease granted under the Central Queensland Coal Associates Agreement Act 1968 .\ns 774 ins 2010 No. 31 s 424\n(sec.774-ssec.1) A reference in an Act, lease, contract or other document to a CQCAA lease is, if the context permits, taken to include a reference to a CQCAA lease that is renewed under this Act or any other Act relating to mining.\n(sec.774-ssec.2) In this section— CQCAA lease means a special coal mining lease granted under the Central Queensland Coal Associates Agreement Act 1968 .","sortOrder":988},{"sectionNumber":"sec.775","sectionType":"section","heading":"Application of amended s 249","content":"### sec.775 Application of amended s 249\n\nThis section applies if, immediately before the commencement, section 249 applied in relation to an application mentioned in section 249(1).\nSection 249 as in force immediately after the commencement applies in relation to the application.\nFor the purpose of subsection (2), the request period under section 249 is the period of 10 business days starting on the commencement.\nIn this section—\ncommencement means the commencement of this section.\ns 775 ins 2010 No. 31 s 424\n(sec.775-ssec.1) This section applies if, immediately before the commencement, section 249 applied in relation to an application mentioned in section 249(1).\n(sec.775-ssec.2) Section 249 as in force immediately after the commencement applies in relation to the application.\n(sec.775-ssec.3) For the purpose of subsection (2), the request period under section 249 is the period of 10 business days starting on the commencement.\n(sec.775-ssec.4) In this section— commencement means the commencement of this section.","sortOrder":989},{"sectionNumber":"sec.776","sectionType":"section","heading":"Old access code ceases to apply","content":"### sec.776 Old access code ceases to apply\n\nThis section applies if a condition of a mining tenement requires the holder to comply with the old access code.\nOn the commencement of this section the condition ceases to be a condition of the mining tenement.\nIn this section—\nold access code means the document called ‘Code of Conduct-Procedures for Sound Landowner/Explorer Relations’ approved by the Minister on 20 September 1990.\ns 776 ins 2010 No. 31 s 464\n(sec.776-ssec.1) This section applies if a condition of a mining tenement requires the holder to comply with the old access code.\n(sec.776-ssec.2) On the commencement of this section the condition ceases to be a condition of the mining tenement.\n(sec.776-ssec.3) In this section— old access code means the document called ‘Code of Conduct-Procedures for Sound Landowner/Explorer Relations’ approved by the Minister on 20 September 1990.","sortOrder":990},{"sectionNumber":"sec.777","sectionType":"section","heading":"Land access code prevails over conditions","content":"### sec.777 Land access code prevails over conditions\n\nIf a condition of a mining tenement is inconsistent with a mandatory provision of the land access code, the mandatory provision prevails to the extent of the inconsistency.\ns 777 ins 2010 No. 31 s 464","sortOrder":991},{"sectionNumber":"sec.778","sectionType":"section","heading":"Existing compensation decisions and proceedings continue","content":"### sec.778 Existing compensation decisions and proceedings continue\n\nIf, before the commencement of this section, the Land Court had decided compensation under former section 145 or 191 for a matter, the decision is taken to be the compensation for the matter decided under schedule 1, section 22.\nIf, immediately before the commencement, a proceeding under former section 145 or 191 had been started—\nthe proceeding may be finished as if schedule 1 had not been enacted; and\ncompensation decided for the matter in the proceeding is taken to be the compensation decided under schedule 1, section 22 for the matter.\nIn carrying out a review of the compensation or decided compensation under schedule 1, section 22, the Land Court must apply former section 145 or 191—\nas if the review were the proceeding mentioned in the section; and\nwith other necessary changes.\nThis section applies despite schedule 1, section 22(1).\ns 778 ins 2010 No. 31 s 464\n(sec.778-ssec.1) If, before the commencement of this section, the Land Court had decided compensation under former section 145 or 191 for a matter, the decision is taken to be the compensation for the matter decided under schedule 1, section 22.\n(sec.778-ssec.2) If, immediately before the commencement, a proceeding under former section 145 or 191 had been started— the proceeding may be finished as if schedule 1 had not been enacted; and compensation decided for the matter in the proceeding is taken to be the compensation decided under schedule 1, section 22 for the matter.\n(sec.778-ssec.3) In carrying out a review of the compensation or decided compensation under schedule 1, section 22, the Land Court must apply former section 145 or 191— as if the review were the proceeding mentioned in the section; and with other necessary changes.\n(sec.778-ssec.4) This section applies despite schedule 1, section 22(1).\n- (a) the proceeding may be finished as if schedule 1 had not been enacted; and\n- (b) compensation decided for the matter in the proceeding is taken to be the compensation decided under schedule 1, section 22 for the matter.\n- (a) as if the review were the proceeding mentioned in the section; and\n- (b) with other necessary changes.","sortOrder":992},{"sectionNumber":"sec.779","sectionType":"section","heading":"Existing agreements about compensation","content":"### sec.779 Existing agreements about compensation\n\nThis section applies if immediately before the commencement of this section an agreement was in force between—\nan exploration permit holder and an owner about the owner’s entitlement under former section 145; or\na mineral development licence holder and an owner about the owner’s entitlement under former section 191.\nOn the commencement, the agreement becomes a conduct and compensation agreement under schedule 1.\ns 779 ins 2010 No. 31 s 464\n(sec.779-ssec.1) This section applies if immediately before the commencement of this section an agreement was in force between— an exploration permit holder and an owner about the owner’s entitlement under former section 145; or a mineral development licence holder and an owner about the owner’s entitlement under former section 191.\n(sec.779-ssec.2) On the commencement, the agreement becomes a conduct and compensation agreement under schedule 1.\n- (a) an exploration permit holder and an owner about the owner’s entitlement under former section 145; or\n- (b) a mineral development licence holder and an owner about the owner’s entitlement under former section 191.","sortOrder":993},{"sectionNumber":"sec.780","sectionType":"section","heading":"Existing notices of entry","content":"### sec.780 Existing notices of entry\n\nThis section applies if, before the commencement of this section, an exploration permit or mineral development licence holder had given an owner of land notice of entry under former section 163 or 211.\nDespite schedule 1, the notice of entry may be renewed under former section 164 or 212, but only to the extent it relates to—\na preliminary activity; or\nan advanced activity stated in the notice.\nThe notice of entry and any renewal of it under subsection (2) is taken to be an entry notice for schedule 1.\nTo remove any doubt, it is declared that subsection (3) applies even though a copy of any document required, under schedule 1, to accompany an entry notice did not accompany the notice of entry.\ns 780 ins 2010 No. 31 s 464 (amd 2010 No. 52 s 25 (1) – (2) )\n(sec.780-ssec.1) This section applies if, before the commencement of this section, an exploration permit or mineral development licence holder had given an owner of land notice of entry under former section 163 or 211.\n(sec.780-ssec.2) Despite schedule 1, the notice of entry may be renewed under former section 164 or 212, but only to the extent it relates to— a preliminary activity; or an advanced activity stated in the notice.\n(sec.780-ssec.3) The notice of entry and any renewal of it under subsection (2) is taken to be an entry notice for schedule 1.\n(sec.780-ssec.4) To remove any doubt, it is declared that subsection (3) applies even though a copy of any document required, under schedule 1, to accompany an entry notice did not accompany the notice of entry.\n- (a) a preliminary activity; or\n- (b) an advanced activity stated in the notice.","sortOrder":994},{"sectionNumber":"sec.781","sectionType":"section","heading":"Additional exemption to conduct and compensation agreement requirement","content":"### sec.781 Additional exemption to conduct and compensation agreement requirement\n\nThis section applies—\nfor the holder of an exploration permit or mineral development licence holder if the holder has given a converted entry notice; and\nuntil the earlier of the following to happen—\nthe day that is 6 months after the relevant anniversary day for the exploration permit or mineral development licence;\n1 September 2011.\nDuring the term of the converted entry notice, including any renewed term, under former section 164 or 212, the conduct and compensation agreement requirement under schedule 1 does not apply to the holder.\nA reference to conduct and compensation agreement requirement under schedule 1 in subsection (2) is taken to include a reference to conduct and compensation agreement requirement under the Common Provisions Act, chapter 3.\nIn this section—\nconverted entry notice means a notice of entry that, under section 780(3), is taken to be an entry notice for schedule 1.\nrelevant anniversary day , for an exploration permit or mineral development licence, means the anniversary of the grant of the permit or licence that first occurs after the commencement of this section.\ns 781 ins 2010 No. 31 s 464 (amd 2010 No. 52 s 25 (3) – (7) )\namd 2014 No. 47 s 384\n(sec.781-ssec.1) This section applies— for the holder of an exploration permit or mineral development licence holder if the holder has given a converted entry notice; and until the earlier of the following to happen— the day that is 6 months after the relevant anniversary day for the exploration permit or mineral development licence; 1 September 2011.\n(sec.781-ssec.2) During the term of the converted entry notice, including any renewed term, under former section 164 or 212, the conduct and compensation agreement requirement under schedule 1 does not apply to the holder.\n(sec.781-ssec.2A) A reference to conduct and compensation agreement requirement under schedule 1 in subsection (2) is taken to include a reference to conduct and compensation agreement requirement under the Common Provisions Act, chapter 3.\n(sec.781-ssec.3) In this section— converted entry notice means a notice of entry that, under section 780(3), is taken to be an entry notice for schedule 1. relevant anniversary day , for an exploration permit or mineral development licence, means the anniversary of the grant of the permit or licence that first occurs after the commencement of this section.\n- (a) for the holder of an exploration permit or mineral development licence holder if the holder has given a converted entry notice; and\n- (b) until the earlier of the following to happen— (i) the day that is 6 months after the relevant anniversary day for the exploration permit or mineral development licence; (ii) 1 September 2011.\n- (i) the day that is 6 months after the relevant anniversary day for the exploration permit or mineral development licence;\n- (ii) 1 September 2011.\n- (i) the day that is 6 months after the relevant anniversary day for the exploration permit or mineral development licence;\n- (ii) 1 September 2011.","sortOrder":995},{"sectionNumber":"sec.782","sectionType":"section","heading":"References to geothermal tenure","content":"### sec.782 References to geothermal tenure\n\nUntil the Geothermal Energy Act 2010 , chapter 10, part 1 commences, a reference in this Act to a geothermal tenure is taken to be a reference to a geothermal exploration permit.\ns 782 ins 2010 No. 31 s 464","sortOrder":996},{"sectionNumber":"sec.783","sectionType":"section","heading":"Definitions for sdiv 3","content":"### sec.783 Definitions for sdiv 3\n\nIn this subdivision—\nconverted geothermal permit means a geothermal exploration permit under the repealed Geothermal Exploration Act 2004 that, under the Geothermal Act, chapter 9, part 2 becomes a geothermal permit.\nstart day means the day section 318ELAM commences.\ns 783 ins 2010 No. 31 s 527 (amd 2011 No. 20 s 149 )","sortOrder":997},{"sectionNumber":"sec.784","sectionType":"section","heading":"Existing mining tenement applications","content":"### sec.784 Existing mining tenement applications\n\nThis section applies to a mining tenement application if—\nit was made before the start day; and\nthere is an overlapping geothermal tenure for the proposed mining tenement.\nThe repealed coordination provisions cease to apply to the mining tenement application.\nPart 7AAC applies to the mining tenement application.\nIf the mining tenement application is for a mining lease, subsections (5) to (9) apply for the application of part 7AAC under subsection (3).\nThe mining lease application is taken to have been validly made even though it was made without complying with the requirements under section 318ELAQ.\nHowever, the applicant must, as soon as practicable after the start day, lodge with the mining registrar documents for the mining lease application that comply with the requirements.\nA reference to a mining lease application is taken to be a reference to the mining lease application and the documents.\nA reference to the making of a mining lease application is taken to be a reference to the lodgement of the documents.\nIn this section—\nconverted geothermal permit application means a tender under the repealed Geothermal Exploration Act 2004 for a proposed geothermal exploration permit that, under the Geothermal Act, chapter 9, part 2 becomes an application for a geothermal permit.\noverlapping geothermal tenure means a geothermal tenure that is an overlapping authority (geothermal or GHG) for the proposed mining tenement, as defined under section 318ELAN.\nrepealed coordination provisions means the following provisions as in force before the start day—\nsections 51 and 248 to the extent they applied for a converted geothermal permit;\nsection 249 to the extent it applied for a converted geothermal permit application.\ns 784 ins 2010 No. 31 s 527 (amd 2011 No. 20 s 149 )\n(sec.784-ssec.1) This section applies to a mining tenement application if— it was made before the start day; and there is an overlapping geothermal tenure for the proposed mining tenement.\n(sec.784-ssec.2) The repealed coordination provisions cease to apply to the mining tenement application.\n(sec.784-ssec.3) Part 7AAC applies to the mining tenement application.\n(sec.784-ssec.4) If the mining tenement application is for a mining lease, subsections (5) to (9) apply for the application of part 7AAC under subsection (3).\n(sec.784-ssec.5) The mining lease application is taken to have been validly made even though it was made without complying with the requirements under section 318ELAQ.\n(sec.784-ssec.6) However, the applicant must, as soon as practicable after the start day, lodge with the mining registrar documents for the mining lease application that comply with the requirements.\n(sec.784-ssec.7) A reference to a mining lease application is taken to be a reference to the mining lease application and the documents.\n(sec.784-ssec.8) A reference to the making of a mining lease application is taken to be a reference to the lodgement of the documents.\n(sec.784-ssec.9) In this section— converted geothermal permit application means a tender under the repealed Geothermal Exploration Act 2004 for a proposed geothermal exploration permit that, under the Geothermal Act, chapter 9, part 2 becomes an application for a geothermal permit. overlapping geothermal tenure means a geothermal tenure that is an overlapping authority (geothermal or GHG) for the proposed mining tenement, as defined under section 318ELAN. repealed coordination provisions means the following provisions as in force before the start day— sections 51 and 248 to the extent they applied for a converted geothermal permit; section 249 to the extent it applied for a converted geothermal permit application.\n- (a) it was made before the start day; and\n- (b) there is an overlapping geothermal tenure for the proposed mining tenement.\n- (a) sections 51 and 248 to the extent they applied for a converted geothermal permit;\n- (b) section 249 to the extent it applied for a converted geothermal permit application.","sortOrder":998},{"sectionNumber":"sec.785","sectionType":"section","heading":"Existing mining claims consented to by geothermal permit holder","content":"### sec.785 Existing mining claims consented to by geothermal permit holder\n\nThis section applies to a mining claim granted before the start day for land in the area of a converted geothermal permit.\nPart 7AAC, division 5, subdivision 1 does not apply if the permit holder’s written consent to the grant was given under section 51(1)(f) as in force before the start day.\nPart 7AAC, division 5, subdivision 1 (Restrictions on authorised activities for particular mining tenements)\ns 785 ins 2010 No. 31 s 527 (amd 2011 No. 20 s 149 )\n(sec.785-ssec.1) This section applies to a mining claim granted before the start day for land in the area of a converted geothermal permit.\n(sec.785-ssec.2) Part 7AAC, division 5, subdivision 1 does not apply if the permit holder’s written consent to the grant was given under section 51(1)(f) as in force before the start day. Part 7AAC, division 5, subdivision 1 (Restrictions on authorised activities for particular mining tenements)","sortOrder":999},{"sectionNumber":"ch.15-pt.2-div.14","sectionType":"division","heading":"Transitional provision for Gas Security Amendment Act 2011","content":"## Transitional provision for Gas Security Amendment Act 2011","sortOrder":1000},{"sectionNumber":"sec.786","sectionType":"section","heading":"Date of effect of amended s 381A","content":"### sec.786 Date of effect of amended s 381A\n\nSection 381A, as amended by the Gas Security Amendment Act 2011 , is taken to have had effect on and from 5 November 2008.\ns 786 (prev s 783) ins 2011 No. 16 s 6\nrenum 2011 No. 20 s 166","sortOrder":1001},{"sectionNumber":"ch.15-pt.2-div.15","sectionType":"division","heading":"Transitional provision for Community Ambulance Cover Levy Repeal and Revenue and Other Legislation Amendment Act 2011","content":"## Transitional provision for Community Ambulance Cover Levy Repeal and Revenue and Other Legislation Amendment Act 2011","sortOrder":1002},{"sectionNumber":"sec.787","sectionType":"section","heading":"Particular applications taken to be properly made","content":"### sec.787 Particular applications taken to be properly made\n\nThis section applies if—\na mining lease application for land was made on or after 17 March 2008; and\nunder section 318AQ, 318AR, 318BQ, 318BR, 318BY or 318CE as in force before the commencement of this section (each the unamended provision ), separate mining lease applications were required to be made for particular parts of the land; and\nseparate mining lease applications were not made as required by the unamended provision.\nDespite the noncompliance with the requirement, the application is taken to be, and is taken to always have been, a mining lease application for the land made under parts 7 and 7AA.\nHowever, subsection (2) applies only to the extent the application does not comply with the unamended provision.\nThis section applies whether or not the application has been decided at the commencement.\ns 787 ins 2011 No. 20 s 167\n(sec.787-ssec.1) This section applies if— a mining lease application for land was made on or after 17 March 2008; and under section 318AQ, 318AR, 318BQ, 318BR, 318BY or 318CE as in force before the commencement of this section (each the unamended provision ), separate mining lease applications were required to be made for particular parts of the land; and separate mining lease applications were not made as required by the unamended provision.\n(sec.787-ssec.2) Despite the noncompliance with the requirement, the application is taken to be, and is taken to always have been, a mining lease application for the land made under parts 7 and 7AA.\n(sec.787-ssec.3) However, subsection (2) applies only to the extent the application does not comply with the unamended provision.\n(sec.787-ssec.4) This section applies whether or not the application has been decided at the commencement.\n- (a) a mining lease application for land was made on or after 17 March 2008; and\n- (b) under section 318AQ, 318AR, 318BQ, 318BR, 318BY or 318CE as in force before the commencement of this section (each the unamended provision ), separate mining lease applications were required to be made for particular parts of the land; and\n- (c) separate mining lease applications were not made as required by the unamended provision.","sortOrder":1003},{"sectionNumber":"ch.15-pt.3","sectionType":"part","heading":"Transitional provisions for Mines Legislation (Streamlining) Amendment Act 2012 —amendments commencing on assent","content":"# Transitional provisions for Mines Legislation (Streamlining) Amendment Act 2012 —amendments commencing on assent","sortOrder":1004},{"sectionNumber":"sec.788","sectionType":"section","heading":"Definitions for div 16","content":"### sec.788 Definitions for div 16\n\nIn this division—\namending Act means the Mines Legislation (Streamlining) Amendment Act 2012 .\ncommencement means the commencement of this section.\ns 788 ins 2012 No. 20 s 63","sortOrder":1005},{"sectionNumber":"sec.789","sectionType":"section","heading":"Particular land in a mining tenement’s area taken before the commencement","content":"### sec.789 Particular land in a mining tenement’s area taken before the commencement\n\nThis section applies if—\nland in the area of a mining tenement was taken under a resumption law before the commencement; and\nat the commencement, the entity taking the land has not taken action indicating the mining tenement was extinguished (wholly or partly) when the land was taken.\nserving a copy of the resumption notice for the taking of the land on the mining tenement holder (in the holder’s capacity as the holder of the tenement)\nentering into a resumption agreement under the ALA with the mining tenement holder for the taking of the land\nnegotiating, or taking other action relating to, the compensation payable to the mining tenement holder for the taking of the land\npaying compensation to the mining tenement holder for the taking of the land\narranging for the taking of the land to be recorded in the register against the mining tenement\nHowever, this section does not apply in relation to the taking of land in the area of a mining lease for a transport infrastructure purpose.\nThe taking of the land did not extinguish (wholly or partly) the mining tenement or any other mining tenement interest relating to the tenement.\nSubsection (3) does not affect the ending of a mining tenement interest (wholly or partly) in any other way, including, for example—\nby the entity taking the land acquiring the mining tenement interest (wholly or partly) under a separate commercial agreement or other arrangement with the holder of the interest; or\nby the mining tenement interest holder surrendering the interest (wholly or partly) under this Act.\nIn this section—\ntransport infrastructure purpose means a purpose relating to transport infrastructure within the meaning of the Transport Infrastructure Act 1994 .\ns 789 ins 2012 No. 20 s 63\namd 2013 No. 23 s 352 sch 1 pt 1\n(sec.789-ssec.1) This section applies if— land in the area of a mining tenement was taken under a resumption law before the commencement; and at the commencement, the entity taking the land has not taken action indicating the mining tenement was extinguished (wholly or partly) when the land was taken. serving a copy of the resumption notice for the taking of the land on the mining tenement holder (in the holder’s capacity as the holder of the tenement) entering into a resumption agreement under the ALA with the mining tenement holder for the taking of the land negotiating, or taking other action relating to, the compensation payable to the mining tenement holder for the taking of the land paying compensation to the mining tenement holder for the taking of the land arranging for the taking of the land to be recorded in the register against the mining tenement\n(sec.789-ssec.2) However, this section does not apply in relation to the taking of land in the area of a mining lease for a transport infrastructure purpose.\n(sec.789-ssec.3) The taking of the land did not extinguish (wholly or partly) the mining tenement or any other mining tenement interest relating to the tenement.\n(sec.789-ssec.4) Subsection (3) does not affect the ending of a mining tenement interest (wholly or partly) in any other way, including, for example— by the entity taking the land acquiring the mining tenement interest (wholly or partly) under a separate commercial agreement or other arrangement with the holder of the interest; or by the mining tenement interest holder surrendering the interest (wholly or partly) under this Act.\n(sec.789-ssec.5) In this section— transport infrastructure purpose means a purpose relating to transport infrastructure within the meaning of the Transport Infrastructure Act 1994 .\n- (a) land in the area of a mining tenement was taken under a resumption law before the commencement; and\n- (b) at the commencement, the entity taking the land has not taken action indicating the mining tenement was extinguished (wholly or partly) when the land was taken. Examples of action for paragraph (b)— • serving a copy of the resumption notice for the taking of the land on the mining tenement holder (in the holder’s capacity as the holder of the tenement) • entering into a resumption agreement under the ALA with the mining tenement holder for the taking of the land • negotiating, or taking other action relating to, the compensation payable to the mining tenement holder for the taking of the land • paying compensation to the mining tenement holder for the taking of the land • arranging for the taking of the land to be recorded in the register against the mining tenement\n- • serving a copy of the resumption notice for the taking of the land on the mining tenement holder (in the holder’s capacity as the holder of the tenement)\n- • entering into a resumption agreement under the ALA with the mining tenement holder for the taking of the land\n- • negotiating, or taking other action relating to, the compensation payable to the mining tenement holder for the taking of the land\n- • paying compensation to the mining tenement holder for the taking of the land\n- • arranging for the taking of the land to be recorded in the register against the mining tenement\n- • serving a copy of the resumption notice for the taking of the land on the mining tenement holder (in the holder’s capacity as the holder of the tenement)\n- • entering into a resumption agreement under the ALA with the mining tenement holder for the taking of the land\n- • negotiating, or taking other action relating to, the compensation payable to the mining tenement holder for the taking of the land\n- • paying compensation to the mining tenement holder for the taking of the land\n- • arranging for the taking of the land to be recorded in the register against the mining tenement\n- (a) by the entity taking the land acquiring the mining tenement interest (wholly or partly) under a separate commercial agreement or other arrangement with the holder of the interest; or\n- (b) by the mining tenement interest holder surrendering the interest (wholly or partly) under this Act.","sortOrder":1006},{"sectionNumber":"sec.790","sectionType":"section","heading":"Land in a mining tenement’s area for which notice of intention to resume given before the commencement","content":"### sec.790 Land in a mining tenement’s area for which notice of intention to resume given before the commencement\n\nThis section applies if—\nbefore the commencement, an entity gave a notice of intention to resume for the proposed taking, under a resumption law, of land in a mining tenement’s area; and\nat the commencement, the land had not been taken under the resumption law.\nIf the land is taken other than by taking or otherwise creating an easement, sections 10AAA to 10AAD apply in relation to the taking, except that the resumption notice for the taking may provide for the extinguishment of a mining tenement interest on the taking even if the notice of intention to resume does not comply with section 10AAA(8).\nIf the land is taken by taking or otherwise creating an easement, section 10AAD applies in relation to the taking.\ns 790 ins 2012 No. 20 s 63\n(sec.790-ssec.1) This section applies if— before the commencement, an entity gave a notice of intention to resume for the proposed taking, under a resumption law, of land in a mining tenement’s area; and at the commencement, the land had not been taken under the resumption law.\n(sec.790-ssec.2) If the land is taken other than by taking or otherwise creating an easement, sections 10AAA to 10AAD apply in relation to the taking, except that the resumption notice for the taking may provide for the extinguishment of a mining tenement interest on the taking even if the notice of intention to resume does not comply with section 10AAA(8).\n(sec.790-ssec.3) If the land is taken by taking or otherwise creating an easement, section 10AAD applies in relation to the taking.\n- (a) before the commencement, an entity gave a notice of intention to resume for the proposed taking, under a resumption law, of land in a mining tenement’s area; and\n- (b) at the commencement, the land had not been taken under the resumption law.","sortOrder":1007},{"sectionNumber":"ch.15-pt.4","sectionType":"part","heading":"Transitional provisions for Mines Legislation (Streamlining) Amendment Act 2012 —amendments commencing by proclamation","content":"# Transitional provisions for Mines Legislation (Streamlining) Amendment Act 2012 —amendments commencing by proclamation","sortOrder":1008},{"sectionNumber":"ch.15-pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":1009},{"sectionNumber":"sec.791","sectionType":"section","heading":"Definitions for div 17","content":"### sec.791 Definitions for div 17\n\nIn this division—\namending Act means the Mines Legislation (Streamlining) Amendment Act 2012 .\ncommencement means the commencement of the section in which the term is used.\nformer , for a provision of this Act, means the provision as in force immediately before the commencement of the section in which the term is used.\nnew , for a provision of this Act, means the provision as in force immediately after the commencement of the section in which the term is used.\ns 791 ins 2012 No. 20 s 243","sortOrder":1010},{"sectionNumber":"ch.15-pt.4-div.2","sectionType":"division","heading":"Provisions relating to exploration permits","content":"## Provisions relating to exploration permits","sortOrder":1011},{"sectionNumber":"sec.792","sectionType":"section","heading":"Particular applications for exploration permits","content":"### sec.792 Particular applications for exploration permits\n\nThis section applies if—\nan application for an exploration permit was made before the commencement; and\napart from this section, new section 131(1)(c) would prevent the grant of the exploration permit applied for.\nNew section 131 does not apply for the application.\nThe application must be decided under former section 131.\ns 792 ins 2012 No. 20 s 243\n(sec.792-ssec.1) This section applies if— an application for an exploration permit was made before the commencement; and apart from this section, new section 131(1)(c) would prevent the grant of the exploration permit applied for.\n(sec.792-ssec.2) New section 131 does not apply for the application.\n(sec.792-ssec.3) The application must be decided under former section 131.\n- (a) an application for an exploration permit was made before the commencement; and\n- (b) apart from this section, new section 131(1)(c) would prevent the grant of the exploration permit applied for.","sortOrder":1012},{"sectionNumber":"sec.793","sectionType":"section","heading":"Periodic reduction in land covered by existing exploration permit","content":"### sec.793 Periodic reduction in land covered by existing exploration permit\n\nThis section applies to an exploration permit in existence immediately before the commencement.\nFor the current remaining term of the exploration permit—\nnew section 139 does not apply to the exploration permit; and\nthe area of the exploration permit must be reduced under former section 139.\nIn this section—\ncurrent remaining term means the period from the commencement until the expiry of the exploration permit.\ns 793 ins 2012 No. 20 s 243\n(sec.793-ssec.1) This section applies to an exploration permit in existence immediately before the commencement.\n(sec.793-ssec.2) For the current remaining term of the exploration permit— new section 139 does not apply to the exploration permit; and the area of the exploration permit must be reduced under former section 139.\n(sec.793-ssec.3) In this section— current remaining term means the period from the commencement until the expiry of the exploration permit.\n- (a) new section 139 does not apply to the exploration permit; and\n- (b) the area of the exploration permit must be reduced under former section 139.","sortOrder":1013},{"sectionNumber":"ch.15-pt.4-div.3","sectionType":"division","heading":"Provisions relating to mining claims","content":"## Provisions relating to mining claims","sortOrder":1014},{"sectionNumber":"sec.794","sectionType":"section","heading":"Existing applications for mining claim if no referral to Land Court","content":"### sec.794 Existing applications for mining claim if no referral to Land Court\n\nThis section applies if, before the commencement—\nan application for a mining claim was made, but not decided, under part 4; and\nthe application was not referred to the Land Court under section 72; and\n1 or more of the following apply—\nthere are no properly made objections to the application;\nall properly made objections to the application are withdrawn;\nthe applicant abandons the application.\nThe application may—\nbe dealt with under section 74; or\nif the application for a mining claim has been abandoned—be dealt with under section 108.\nIn this section—\nproperly made objection has the meaning given by former section 72.\ns 794 ins 2012 No. 20 s 243\n(sec.794-ssec.1) This section applies if, before the commencement— an application for a mining claim was made, but not decided, under part 4; and the application was not referred to the Land Court under section 72; and 1 or more of the following apply— there are no properly made objections to the application; all properly made objections to the application are withdrawn; the applicant abandons the application.\n(sec.794-ssec.2) The application may— be dealt with under section 74; or if the application for a mining claim has been abandoned—be dealt with under section 108.\n(sec.794-ssec.3) In this section— properly made objection has the meaning given by former section 72.\n- (a) an application for a mining claim was made, but not decided, under part 4; and\n- (b) the application was not referred to the Land Court under section 72; and\n- (c) 1 or more of the following apply— (i) there are no properly made objections to the application; (ii) all properly made objections to the application are withdrawn; (iii) the applicant abandons the application.\n- (i) there are no properly made objections to the application;\n- (ii) all properly made objections to the application are withdrawn;\n- (iii) the applicant abandons the application.\n- (i) there are no properly made objections to the application;\n- (ii) all properly made objections to the application are withdrawn;\n- (iii) the applicant abandons the application.\n- (a) be dealt with under section 74; or\n- (b) if the application for a mining claim has been abandoned—be dealt with under section 108.","sortOrder":1015},{"sectionNumber":"sec.795","sectionType":"section","heading":"Existing applications for mining claim or renewal of mining claim—term of claim","content":"### sec.795 Existing applications for mining claim or renewal of mining claim—term of claim\n\nThis section applies if an application for a mining claim or renewal of a mining claim was made, but not decided, under part 4 before the commencement.\nSections 91 and 93, as amended under the amending Act, apply to the grant of any mining claim or renewal for the application.\ns 795 ins 2012 No. 20 s 243 (amd 2013 No. 10 s 153 )\n(sec.795-ssec.1) This section applies if an application for a mining claim or renewal of a mining claim was made, but not decided, under part 4 before the commencement.\n(sec.795-ssec.2) Sections 91 and 93, as amended under the amending Act, apply to the grant of any mining claim or renewal for the application.","sortOrder":1016},{"sectionNumber":"ch.15-pt.4-div.4","sectionType":"division","heading":"Provisions relating to mining leases","content":"## Provisions relating to mining leases","sortOrder":1017},{"sectionNumber":"sec.796","sectionType":"section","heading":"Existing applications for mining lease if no referral to Land Court","content":"### sec.796 Existing applications for mining lease if no referral to Land Court\n\nThis section applies if, before the commencement—\nan application for a mining lease was made, but not decided, under part 7; and\nthe application was not referred to the Land Court under section 265; and\n1 or more of the following apply—\nthere are no properly made objections to the application;\nall properly made objections to the application are withdrawn;\nthe applicant abandons the application.\nThe application may—\nbe dealt with under section 271; or\nif the application for a mining lease has been abandoned—be dealt with under section 307.\nIn this section—\nproperly made objection has the meaning given by former section 265.\ns 796 ins 2012 No. 20 s 243\n(sec.796-ssec.1) This section applies if, before the commencement— an application for a mining lease was made, but not decided, under part 7; and the application was not referred to the Land Court under section 265; and 1 or more of the following apply— there are no properly made objections to the application; all properly made objections to the application are withdrawn; the applicant abandons the application.\n(sec.796-ssec.2) The application may— be dealt with under section 271; or if the application for a mining lease has been abandoned—be dealt with under section 307.\n(sec.796-ssec.3) In this section— properly made objection has the meaning given by former section 265.\n- (a) an application for a mining lease was made, but not decided, under part 7; and\n- (b) the application was not referred to the Land Court under section 265; and\n- (c) 1 or more of the following apply— (i) there are no properly made objections to the application; (ii) all properly made objections to the application are withdrawn; (iii) the applicant abandons the application.\n- (i) there are no properly made objections to the application;\n- (ii) all properly made objections to the application are withdrawn;\n- (iii) the applicant abandons the application.\n- (i) there are no properly made objections to the application;\n- (ii) all properly made objections to the application are withdrawn;\n- (iii) the applicant abandons the application.\n- (a) be dealt with under section 271; or\n- (b) if the application for a mining lease has been abandoned—be dealt with under section 307.","sortOrder":1018},{"sectionNumber":"sec.797","sectionType":"section","heading":"Existing referral of mining lease to Land Court","content":"### sec.797 Existing referral of mining lease to Land Court\n\nThis section applies if, before the commencement—\nan application for a mining lease was made, but not decided, under part 7; and\nthe application was referred to the Land Court under section 265: and\nthe Land Court has fixed a date for the hearing but the hearing has not started; and\neither or both of the following apply—\nall properly made objections to the application are withdrawn;\nthe applicant abandons the application.\nSection 265, as amended under the amending Act, applies to the application.\nIn this section—\nproperly made objection has the meaning given by former section 265.\ns 797 ins 2012 No. 20 s 243\n(sec.797-ssec.1) This section applies if, before the commencement— an application for a mining lease was made, but not decided, under part 7; and the application was referred to the Land Court under section 265: and the Land Court has fixed a date for the hearing but the hearing has not started; and either or both of the following apply— all properly made objections to the application are withdrawn; the applicant abandons the application.\n(sec.797-ssec.2) Section 265, as amended under the amending Act, applies to the application.\n(sec.797-ssec.3) In this section— properly made objection has the meaning given by former section 265.\n- (a) an application for a mining lease was made, but not decided, under part 7; and\n- (b) the application was referred to the Land Court under section 265: and\n- (c) the Land Court has fixed a date for the hearing but the hearing has not started; and\n- (d) either or both of the following apply— (i) all properly made objections to the application are withdrawn; (ii) the applicant abandons the application.\n- (i) all properly made objections to the application are withdrawn;\n- (ii) the applicant abandons the application.\n- (i) all properly made objections to the application are withdrawn;\n- (ii) the applicant abandons the application.","sortOrder":1019},{"sectionNumber":"sec.798","sectionType":"section","heading":"Minister to decide particular applications for or about mining leases","content":"### sec.798 Minister to decide particular applications for or about mining leases\n\nThis section applies if—\nbefore the commencement, an application was made for—\na mining lease under section 245; or\nthe renewal of a mining lease under section 286; or\nthe variation of conditions of a mining lease under section 294; or\nthe variation of a mining lease under section 295; or\nthe consolidation of mining leases under section 299; or\na mining lease for the transportation of a thing through, over or under land under section 316; and\nthe Governor in Council has not decided the application.\nThe Minister must decide the application under—\nif the application is for a mining lease—new section 271A; or\nif the application is for the renewal of a mining lease—section 286A, as amended under the amending Act; or\nif the application is for the variation of conditions of a mining lease—section 294, as amended under the amending Act; or\nif the application is for the variation of a mining lease—section 295, as amended under the amending Act; or\nif the application is for the consolidation of mining leases—section 299, as amended under the amending Act; or\nif the application is for a mining lease for the transportation of a thing—section 316, as amended under the amending Act.\ns 798 ins 2012 No. 20 s 243\n(sec.798-ssec.1) This section applies if— before the commencement, an application was made for— a mining lease under section 245; or the renewal of a mining lease under section 286; or the variation of conditions of a mining lease under section 294; or the variation of a mining lease under section 295; or the consolidation of mining leases under section 299; or a mining lease for the transportation of a thing through, over or under land under section 316; and the Governor in Council has not decided the application.\n(sec.798-ssec.2) The Minister must decide the application under— if the application is for a mining lease—new section 271A; or if the application is for the renewal of a mining lease—section 286A, as amended under the amending Act; or if the application is for the variation of conditions of a mining lease—section 294, as amended under the amending Act; or if the application is for the variation of a mining lease—section 295, as amended under the amending Act; or if the application is for the consolidation of mining leases—section 299, as amended under the amending Act; or if the application is for a mining lease for the transportation of a thing—section 316, as amended under the amending Act.\n- (a) before the commencement, an application was made for— (i) a mining lease under section 245; or (ii) the renewal of a mining lease under section 286; or (iii) the variation of conditions of a mining lease under section 294; or (iv) the variation of a mining lease under section 295; or (v) the consolidation of mining leases under section 299; or (vi) a mining lease for the transportation of a thing through, over or under land under section 316; and\n- (i) a mining lease under section 245; or\n- (ii) the renewal of a mining lease under section 286; or\n- (iii) the variation of conditions of a mining lease under section 294; or\n- (iv) the variation of a mining lease under section 295; or\n- (v) the consolidation of mining leases under section 299; or\n- (vi) a mining lease for the transportation of a thing through, over or under land under section 316; and\n- (b) the Governor in Council has not decided the application.\n- (i) a mining lease under section 245; or\n- (ii) the renewal of a mining lease under section 286; or\n- (iii) the variation of conditions of a mining lease under section 294; or\n- (iv) the variation of a mining lease under section 295; or\n- (v) the consolidation of mining leases under section 299; or\n- (vi) a mining lease for the transportation of a thing through, over or under land under section 316; and\n- (a) if the application is for a mining lease—new section 271A; or\n- (b) if the application is for the renewal of a mining lease—section 286A, as amended under the amending Act; or\n- (c) if the application is for the variation of conditions of a mining lease—section 294, as amended under the amending Act; or\n- (d) if the application is for the variation of a mining lease—section 295, as amended under the amending Act; or\n- (e) if the application is for the consolidation of mining leases—section 299, as amended under the amending Act; or\n- (f) if the application is for a mining lease for the transportation of a thing—section 316, as amended under the amending Act.","sortOrder":1020},{"sectionNumber":"ch.15-pt.4-div.5","sectionType":"division","heading":"Provisions common to mining tenements","content":"## Provisions common to mining tenements","sortOrder":1021},{"sectionNumber":"sec.799","sectionType":"section","heading":"Unfinished actions under former s 96, 151, 198 or 300","content":"### sec.799 Unfinished actions under former s 96, 151, 198 or 300\n\nThis section applies if a person had an obligation under former section 96, 151, 198 or 300 and the person had not discharged the obligation before the commencement.\nDespite the repeal of the section under the amending Act, the section continues to have effect in relation to the person until the obligation is discharged.\ns 799 ins 2012 No. 20 s 243\n(sec.799-ssec.1) This section applies if a person had an obligation under former section 96, 151, 198 or 300 and the person had not discharged the obligation before the commencement.\n(sec.799-ssec.2) Despite the repeal of the section under the amending Act, the section continues to have effect in relation to the person until the obligation is discharged.","sortOrder":1022},{"sectionNumber":"sec.800","sectionType":"section","heading":"Deciding applications for approval of assessable transfers until commencement of particular provisions","content":"### sec.800 Deciding applications for approval of assessable transfers until commencement of particular provisions\n\nThis section applies until the commencement of the Environmental Protection Act 1994 , chapter 5A, part 4 as inserted by the Environmental Protection (Greentape Reduction) and Other Legislation Amendment Act 2012 .\nFormer section 391A continues in force instead of section 318AAX(4)(a)(ii), as inserted by the amending Act, for deciding whether to give an approval of an assessable transfer, as if an approval of an assessable transfer were a decision to assign a mining tenement.\ns 800 ins 2012 No. 20 s 243\n(sec.800-ssec.1) This section applies until the commencement of the Environmental Protection Act 1994 , chapter 5A, part 4 as inserted by the Environmental Protection (Greentape Reduction) and Other Legislation Amendment Act 2012 .\n(sec.800-ssec.2) Former section 391A continues in force instead of section 318AAX(4)(a)(ii), as inserted by the amending Act, for deciding whether to give an approval of an assessable transfer, as if an approval of an assessable transfer were a decision to assign a mining tenement.","sortOrder":1023},{"sectionNumber":"sec.801","sectionType":"section","heading":"Continued functions for caveats received before the commencement","content":"### sec.801 Continued functions for caveats received before the commencement\n\nDespite the repeal of sections 98 and 302 under the amending Act—\nformer sections 98 and 302 continue to apply to the mining registrar in relation to a relevant caveat received by the mining registrar before the commencement; and\nformer sections 153 and 200 continue to apply to the chief executive in relation to a relevant caveat received by the chief executive before the commencement.\nIn this section—\nrelevant caveat —\nfor the mining registrar—means a caveat to which former section 98 or 302 applied; or\nfor the chief executive—means a caveat to which former section 153 or 200 applied.\ns 801 ins 2012 No. 20 s 243\n(sec.801-ssec.1) Despite the repeal of sections 98 and 302 under the amending Act— former sections 98 and 302 continue to apply to the mining registrar in relation to a relevant caveat received by the mining registrar before the commencement; and former sections 153 and 200 continue to apply to the chief executive in relation to a relevant caveat received by the chief executive before the commencement.\n(sec.801-ssec.2) In this section— relevant caveat — for the mining registrar—means a caveat to which former section 98 or 302 applied; or for the chief executive—means a caveat to which former section 153 or 200 applied.\n- (a) former sections 98 and 302 continue to apply to the mining registrar in relation to a relevant caveat received by the mining registrar before the commencement; and\n- (b) former sections 153 and 200 continue to apply to the chief executive in relation to a relevant caveat received by the chief executive before the commencement.\n- (a) for the mining registrar—means a caveat to which former section 98 or 302 applied; or\n- (b) for the chief executive—means a caveat to which former section 153 or 200 applied.","sortOrder":1024},{"sectionNumber":"sec.802","sectionType":"section","heading":"Continued functions for removal or withdrawal of caveat","content":"### sec.802 Continued functions for removal or withdrawal of caveat\n\nDespite the repeal of sections 101, 156, 203 and 305 under the amending Act—\nformer sections 101 and 305 continue to apply to the mining registrar in relation to the following—\nan order of the Land Court, under former section 101(3) or 305(3), that a caveat be removed;\na notice, under former section 101(5) or 305(5), about the withdrawal of a caveat if given to the registrar before the commencement; and\nformer sections 156 and 203 continue to apply to the chief executive in relation to the following—\nan order of the Land Court, under former section 156(3) or 203(3) that a caveat be removed;\na notice, under former section 156(5) or 203(5), about the withdrawal of a caveat if given to the chief executive before the commencement.\ns 802 ins 2012 No. 20 s 243\n- (a) former sections 101 and 305 continue to apply to the mining registrar in relation to the following— (i) an order of the Land Court, under former section 101(3) or 305(3), that a caveat be removed; (ii) a notice, under former section 101(5) or 305(5), about the withdrawal of a caveat if given to the registrar before the commencement; and\n- (i) an order of the Land Court, under former section 101(3) or 305(3), that a caveat be removed;\n- (ii) a notice, under former section 101(5) or 305(5), about the withdrawal of a caveat if given to the registrar before the commencement; and\n- (b) former sections 156 and 203 continue to apply to the chief executive in relation to the following— (i) an order of the Land Court, under former section 156(3) or 203(3) that a caveat be removed; (ii) a notice, under former section 156(5) or 203(5), about the withdrawal of a caveat if given to the chief executive before the commencement.\n- (i) an order of the Land Court, under former section 156(3) or 203(3) that a caveat be removed;\n- (ii) a notice, under former section 156(5) or 203(5), about the withdrawal of a caveat if given to the chief executive before the commencement.\n- (i) an order of the Land Court, under former section 101(3) or 305(3), that a caveat be removed;\n- (ii) a notice, under former section 101(5) or 305(5), about the withdrawal of a caveat if given to the registrar before the commencement; and\n- (i) an order of the Land Court, under former section 156(3) or 203(3) that a caveat be removed;\n- (ii) a notice, under former section 156(5) or 203(5), about the withdrawal of a caveat if given to the chief executive before the commencement.","sortOrder":1025},{"sectionNumber":"ch.15-pt.4-div.6","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":1026},{"sectionNumber":"sec.803","sectionType":"section","heading":"Existing requests for information","content":"### sec.803 Existing requests for information\n\nThis section applies if a request for information was made, but not complied with, under the following provisions before the commencement—\nformer section 133A;\nformer section 147AA;\nformer section 183A;\nformer section 197AA;\nformer section 245A;\nformer section 286AA.\nOn the commencement, the request is taken to have been made under section 386J(1).\ns 803 ins 2012 No. 20 s 243\n(sec.803-ssec.1) This section applies if a request for information was made, but not complied with, under the following provisions before the commencement— former section 133A; former section 147AA; former section 183A; former section 197AA; former section 245A; former section 286AA.\n(sec.803-ssec.2) On the commencement, the request is taken to have been made under section 386J(1).\n- (a) former section 133A;\n- (b) former section 147AA;\n- (c) former section 183A;\n- (d) former section 197AA;\n- (e) former section 245A;\n- (f) former section 286AA.","sortOrder":1027},{"sectionNumber":"sec.804","sectionType":"section","heading":"Relocation and renumbering of provisions","content":"### sec.804 Relocation and renumbering of provisions\n\nIf a provision of this Act (a relocated or renumbered provision ) is relocated or renumbered by chapter 4 of the amending Act—\nthe relocation or renumbering does not affect the operation or meaning of the relocated or renumbered provision; and\nunless a contrary intention appears in this Act, the relocated or renumbered provision is to be interpreted as if it had not been so relocated or renumbered.\nIf a reference in a provision of this Act (the amended provision ) to a relocated or renumbered provision is amended by chapter 4 of the amending Act to reflect the new numbering of the relocated or renumbered provision—\nthe amendment of the amended provision does not affect the operation or meaning of the relocated or renumbered provision or the amended provision; and\nunless a contrary intention appears in this Act, the relocated or renumbered provision and the amended provision are to be interpreted as if—\nthe relocated or renumbered provision had not been so relocated or renumbered; and\nthe amended provision had not been so amended.\nSubsections (1) and (2) apply whether or not the relocated or renumbered provision, or the amended provision, is otherwise amended by the amending Act, but has effect subject to any amendment.\ns 804 ins 2012 No. 20 s 321\n(sec.804-ssec.1) If a provision of this Act (a relocated or renumbered provision ) is relocated or renumbered by chapter 4 of the amending Act— the relocation or renumbering does not affect the operation or meaning of the relocated or renumbered provision; and unless a contrary intention appears in this Act, the relocated or renumbered provision is to be interpreted as if it had not been so relocated or renumbered.\n(sec.804-ssec.2) If a reference in a provision of this Act (the amended provision ) to a relocated or renumbered provision is amended by chapter 4 of the amending Act to reflect the new numbering of the relocated or renumbered provision— the amendment of the amended provision does not affect the operation or meaning of the relocated or renumbered provision or the amended provision; and unless a contrary intention appears in this Act, the relocated or renumbered provision and the amended provision are to be interpreted as if— the relocated or renumbered provision had not been so relocated or renumbered; and the amended provision had not been so amended.\n(sec.804-ssec.3) Subsections (1) and (2) apply whether or not the relocated or renumbered provision, or the amended provision, is otherwise amended by the amending Act, but has effect subject to any amendment.\n- (a) the relocation or renumbering does not affect the operation or meaning of the relocated or renumbered provision; and\n- (b) unless a contrary intention appears in this Act, the relocated or renumbered provision is to be interpreted as if it had not been so relocated or renumbered.\n- (a) the amendment of the amended provision does not affect the operation or meaning of the relocated or renumbered provision or the amended provision; and\n- (b) unless a contrary intention appears in this Act, the relocated or renumbered provision and the amended provision are to be interpreted as if— (i) the relocated or renumbered provision had not been so relocated or renumbered; and (ii) the amended provision had not been so amended.\n- (i) the relocated or renumbered provision had not been so relocated or renumbered; and\n- (ii) the amended provision had not been so amended.\n- (i) the relocated or renumbered provision had not been so relocated or renumbered; and\n- (ii) the amended provision had not been so amended.","sortOrder":1028},{"sectionNumber":"ch.15-pt.5","sectionType":"part","heading":"Transitional provision for Fiscal Repair Amendment Act 2012","content":"# Transitional provision for Fiscal Repair Amendment Act 2012","sortOrder":1029},{"sectionNumber":"sec.805","sectionType":"section","heading":"Application of Act to particular unpaid royalty","content":"### sec.805 Application of Act to particular unpaid royalty\n\nThis section applies if, immediately before 1 October 2012, an amount of royalty payable by a person to the State is unpaid (the unpaid royalty ).\nThis Act as in force on 1 October 2012 applies in relation to the unpaid royalty on and from that day.\nFor applying section 332 to the unpaid royalty under subsection (2), the start date is taken to be 1 October 2012.\ns 805 ins 2012 No. 25 s 150\n(sec.805-ssec.1) This section applies if, immediately before 1 October 2012, an amount of royalty payable by a person to the State is unpaid (the unpaid royalty ).\n(sec.805-ssec.2) This Act as in force on 1 October 2012 applies in relation to the unpaid royalty on and from that day.\n(sec.805-ssec.3) For applying section 332 to the unpaid royalty under subsection (2), the start date is taken to be 1 October 2012.","sortOrder":1030},{"sectionNumber":"ch.15-pt.6","sectionType":"part","heading":"Transitional provisions for Mining and Other Legislation Amendment Act 2013","content":"# Transitional provisions for Mining and Other Legislation Amendment Act 2013","sortOrder":1031},{"sectionNumber":"ch.15-pt.6-div.1","sectionType":"division","heading":"Provisions for amendments commencing on assent","content":"## Provisions for amendments commencing on assent","sortOrder":1032},{"sectionNumber":"sec.806","sectionType":"section","heading":"Definition for div 1","content":"### sec.806 Definition for div 1\n\nIn this division—\ncommencement means the commencement of this section.\ns 806 ins 2013 No. 10 s 77\namd 2012 No. 20 s 323 sch 3 (amd 2013 No. 10 s 159 (2) )","sortOrder":1033},{"sectionNumber":"sec.807","sectionType":"section","heading":"Existing applications for exploration permits for minerals other than coal","content":"### sec.807 Existing applications for exploration permits for minerals other than coal\n\nThis section applies to an application for an exploration permit for a mineral other than coal that—\nwas made before the commencement; and\nhas not been decided at the commencement.\nThe application must be decided under this Act as in force after the commencement.\ns 807 ins 2013 No. 10 s 77\n(sec.807-ssec.1) This section applies to an application for an exploration permit for a mineral other than coal that— was made before the commencement; and has not been decided at the commencement.\n(sec.807-ssec.2) The application must be decided under this Act as in force after the commencement.\n- (a) was made before the commencement; and\n- (b) has not been decided at the commencement.","sortOrder":1034},{"sectionNumber":"sec.808","sectionType":"section","heading":"Existing applications for exploration permits for coal","content":"### sec.808 Existing applications for exploration permits for coal\n\nThis section applies to an application for an exploration permit for coal that—\nwas made before the commencement; and\nhas not been decided at the commencement.\nThe application must be decided under this Act as in force before the commencement, as if the amending Act had not been enacted.\nIn this section—\namending Act means the Mining and Other Legislation Amendment Act 2012 .\ns 808 ins 2013 No. 10 s 77\n(sec.808-ssec.1) This section applies to an application for an exploration permit for coal that— was made before the commencement; and has not been decided at the commencement.\n(sec.808-ssec.2) The application must be decided under this Act as in force before the commencement, as if the amending Act had not been enacted.\n(sec.808-ssec.3) In this section— amending Act means the Mining and Other Legislation Amendment Act 2012 .\n- (a) was made before the commencement; and\n- (b) has not been decided at the commencement.","sortOrder":1035},{"sectionNumber":"ch.15-pt.6-div.2","sectionType":"division","heading":"Provisions for amendments commencing by proclamation","content":"## Provisions for amendments commencing by proclamation","sortOrder":1036},{"sectionNumber":"sec.809","sectionType":"section","heading":"Definitions for div 2","content":"### sec.809 Definitions for div 2\n\nIn this division—\ncommencement means the commencement of this division.\npre-amended Act means this Act as in force before the commencement.\nformer , in relation to a provision of this Act, means the provision as in force before the commencement.\ns 809 ins 2013 No. 10 s 140","sortOrder":1037},{"sectionNumber":"sec.810","sectionType":"section","heading":"Application of former ss 61, 64 to 64D and 83","content":"### sec.810 Application of former ss 61, 64 to 64D and 83\n\nSubsections (2) and (3) apply to an application for the grant of a mining claim made but not decided before the commencement.\nFormer section 61(1)(j)(iv) continues to apply to the application as if the reference in the subparagraph to the mining registrar’s satisfaction were a reference to the chief executive’s satisfaction.\nFormer sections 64 to 64D continue to apply to the application—\nas if a reference in the sections, other than former section 64C(2)(a), to a mining registrar were a reference to the chief executive; and\nas if the reference in former section 64C(2)(a) were a reference to the Minister.\nSubsection (5) applies to an application for the grant or renewal of a mining claim made but not decided before the commencement.\nFormer section 83(1) continues to apply to the application as if the reference in the subsection to the mining registrar were a reference to the Minister.\ns 810 ins 2013 No. 10 s 140\n(sec.810-ssec.1) Subsections (2) and (3) apply to an application for the grant of a mining claim made but not decided before the commencement.\n(sec.810-ssec.2) Former section 61(1)(j)(iv) continues to apply to the application as if the reference in the subparagraph to the mining registrar’s satisfaction were a reference to the chief executive’s satisfaction.\n(sec.810-ssec.3) Former sections 64 to 64D continue to apply to the application— as if a reference in the sections, other than former section 64C(2)(a), to a mining registrar were a reference to the chief executive; and as if the reference in former section 64C(2)(a) were a reference to the Minister.\n(sec.810-ssec.4) Subsection (5) applies to an application for the grant or renewal of a mining claim made but not decided before the commencement.\n(sec.810-ssec.5) Former section 83(1) continues to apply to the application as if the reference in the subsection to the mining registrar were a reference to the Minister.\n- (a) as if a reference in the sections, other than former section 64C(2)(a), to a mining registrar were a reference to the chief executive; and\n- (b) as if the reference in former section 64C(2)(a) were a reference to the Minister.","sortOrder":1038},{"sectionNumber":"sec.811","sectionType":"section","heading":"Provision about condition for work program","content":"### sec.811 Provision about condition for work program\n\nSubsection (2) applies to a mining claim in force on the commencement if the claim was granted or renewed more than 5 years before the commencement.\nThe condition mentioned in section 81(1)(c) as in force after the commencement applies to the mining claim only if it is renewed after the commencement.\nSubsection (4) applies to a mining claim in force on the commencement if—\nthe claim was granted or renewed for a term of more than 5 years; and\nthe fifth anniversary of the grant or renewal of the claim happens within 6 months after the commencement.\nSection 81(1)(c) as in force after the commencement applies to the claim as if the condition under that paragraph required the holder of the claim to give the chief executive a work program for the claim within 7 months after the commencement.\ns 811 ins 2013 No. 10 s 140\n(sec.811-ssec.1) Subsection (2) applies to a mining claim in force on the commencement if the claim was granted or renewed more than 5 years before the commencement.\n(sec.811-ssec.2) The condition mentioned in section 81(1)(c) as in force after the commencement applies to the mining claim only if it is renewed after the commencement.\n(sec.811-ssec.3) Subsection (4) applies to a mining claim in force on the commencement if— the claim was granted or renewed for a term of more than 5 years; and the fifth anniversary of the grant or renewal of the claim happens within 6 months after the commencement.\n(sec.811-ssec.4) Section 81(1)(c) as in force after the commencement applies to the claim as if the condition under that paragraph required the holder of the claim to give the chief executive a work program for the claim within 7 months after the commencement.\n- (a) the claim was granted or renewed for a term of more than 5 years; and\n- (b) the fifth anniversary of the grant or renewal of the claim happens within 6 months after the commencement.","sortOrder":1039},{"sectionNumber":"sec.812","sectionType":"section","heading":"Application of s 93 to renewal of mining claim","content":"### sec.812 Application of s 93 to renewal of mining claim\n\nThis section applies to an application for renewal of a mining claim made but not decided before the commencement.\nSection 93(2)(b) as in force after the commencement does not apply to the application.\ns 812 ins 2013 No. 10 s 140\n(sec.812-ssec.1) This section applies to an application for renewal of a mining claim made but not decided before the commencement.\n(sec.812-ssec.2) Section 93(2)(b) as in force after the commencement does not apply to the application.","sortOrder":1040},{"sectionNumber":"sec.813","sectionType":"section","heading":"Persons taken to be authorised officers","content":"### sec.813 Persons taken to be authorised officers\n\nThis section applies to a person who, immediately before the commencement, is a mining registrar, deputy mining registrar, field officer, other officer or other person appointed under the pre-amended Act, former section 336(1) or (3).\nOn the commencement, the person is taken to be appointed as an authorised officer.\ns 813 ins 2013 No. 10 s 140\n(sec.813-ssec.1) This section applies to a person who, immediately before the commencement, is a mining registrar, deputy mining registrar, field officer, other officer or other person appointed under the pre-amended Act, former section 336(1) or (3).\n(sec.813-ssec.2) On the commencement, the person is taken to be appointed as an authorised officer.","sortOrder":1041},{"sectionNumber":"sec.814","sectionType":"section","heading":"References to repealed terms in former provisions and other documents","content":"### sec.814 References to repealed terms in former provisions and other documents\n\nThis section applies if, on the commencement, a reference in a former provision to a mining registrar or deputy mining registrar becomes a reference to an authorised officer, the chief executive or the Minister (the replacement entity ).\nIf necessary or convenient for the operation of this Act—\na thing done by or given to a mining registrar or deputy mining registrar under the former provision is taken to have been done by or given to the replacement entity; and\nan application made, or that could be made, to a mining registrar or deputy mining registrar under the former provision is taken to have been made, or may be made, to the replacement entity; and\nan approval, permit, lease, licence or other authorisation, however called, or other thing granted or given by a mining registrar or deputy mining registrar under the former provision is taken to have been granted or given by the replacement entity; and\nan action taken by, or to be taken by, a mining registrar or deputy mining registrar under the former provision is taken to have been taken, or may be taken, by the replacement entity; and\na decision, direction, recommendation or requirement made by, or to be made by, a mining registrar or deputy mining registrar under the former provision is taken to have been made by, or may be made by, the replacement entity; and\na reference in the former provision to a mining registrar or deputy mining registrar is, if the context permits, taken to be a reference to the replacement entity; and\na reference in a document to a mining registrar or deputy mining registrar is, if the context permits, taken to be a reference to the replacement entity.\nIf necessary or convenient for the operation of this Act, the replacement entity may deal with a matter mentioned in subsection (2) in compliance with the Act as in force after the commencement.\ns 814 ins 2013 No. 10 s 140\n(sec.814-ssec.1) This section applies if, on the commencement, a reference in a former provision to a mining registrar or deputy mining registrar becomes a reference to an authorised officer, the chief executive or the Minister (the replacement entity ).\n(sec.814-ssec.2) If necessary or convenient for the operation of this Act— a thing done by or given to a mining registrar or deputy mining registrar under the former provision is taken to have been done by or given to the replacement entity; and an application made, or that could be made, to a mining registrar or deputy mining registrar under the former provision is taken to have been made, or may be made, to the replacement entity; and an approval, permit, lease, licence or other authorisation, however called, or other thing granted or given by a mining registrar or deputy mining registrar under the former provision is taken to have been granted or given by the replacement entity; and an action taken by, or to be taken by, a mining registrar or deputy mining registrar under the former provision is taken to have been taken, or may be taken, by the replacement entity; and a decision, direction, recommendation or requirement made by, or to be made by, a mining registrar or deputy mining registrar under the former provision is taken to have been made by, or may be made by, the replacement entity; and a reference in the former provision to a mining registrar or deputy mining registrar is, if the context permits, taken to be a reference to the replacement entity; and a reference in a document to a mining registrar or deputy mining registrar is, if the context permits, taken to be a reference to the replacement entity.\n(sec.814-ssec.3) If necessary or convenient for the operation of this Act, the replacement entity may deal with a matter mentioned in subsection (2) in compliance with the Act as in force after the commencement.\n- (a) a thing done by or given to a mining registrar or deputy mining registrar under the former provision is taken to have been done by or given to the replacement entity; and\n- (b) an application made, or that could be made, to a mining registrar or deputy mining registrar under the former provision is taken to have been made, or may be made, to the replacement entity; and\n- (c) an approval, permit, lease, licence or other authorisation, however called, or other thing granted or given by a mining registrar or deputy mining registrar under the former provision is taken to have been granted or given by the replacement entity; and\n- (d) an action taken by, or to be taken by, a mining registrar or deputy mining registrar under the former provision is taken to have been taken, or may be taken, by the replacement entity; and\n- (e) a decision, direction, recommendation or requirement made by, or to be made by, a mining registrar or deputy mining registrar under the former provision is taken to have been made by, or may be made by, the replacement entity; and\n- (f) a reference in the former provision to a mining registrar or deputy mining registrar is, if the context permits, taken to be a reference to the replacement entity; and\n- (g) a reference in a document to a mining registrar or deputy mining registrar is, if the context permits, taken to be a reference to the replacement entity.","sortOrder":1042},{"sectionNumber":"sec.815","sectionType":"section","heading":"Other references to repealed terms","content":"### sec.815 Other references to repealed terms\n\nIn a document or other Act, a reference to a following term under the pre-amended Act may, if the context permits, be taken as a reference to an authorised officer—\nmining registrar;\ndeputy mining registrar;\nrelevant officer.\ns 815 ins 2013 No. 10 s 140\n- (a) mining registrar;\n- (b) deputy mining registrar;\n- (c) relevant officer.","sortOrder":1043},{"sectionNumber":"sec.816","sectionType":"section","heading":"Conversion of mining lease to mining claim","content":"### sec.816 Conversion of mining lease to mining claim\n\nThis section applies to a mining lease or mining leases for corundum, gemstones or other precious stones if—\nthe area of the mining lease, or combined area of the mining leases, is not more than 40ha; and\nfor 2 or more mining leases—\nthe land in the area of the leases is contiguous; and\nthe holder of the mining leases is the same entity.\nThe holder of the mining lease or mining leases may, within 2 years after the commencement, apply to the Minister to convert the whole area of the mining lease or mining leases to a mining claim, of not more than 20ha, or 2 mining claims, of not more than 20ha each, applying to corundum, gemstones or other precious stones.\nThe application must—\nbe in the approved form; and\nstate the name of each applicant; and\nstate the number of the mining lease or mining leases; and\ndefine the boundaries of the land to be included in the mining claim or mining claims; and\nSection 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.\ndescribe all parcels of land the whole or part of which are the subject of the application and state the name and address of each owner of the land and of land that is to be used as access; and\nfor each proposed mining claim, define the boundary of any land outside the area of the proposed mining claim intended to be used to access the proposed claim area; and\nbe accompanied by a sketch, map or other graphic representation the chief executive considers appropriate setting out the boundaries of the land to be included in the mining claim or mining claims and the land to be used as access; and\nbe accompanied by a work program for the activities to be carried out under the mining claim or mining claims; and\nidentify the mineral or minerals for which the mining claim or mining claims is sought.\nIf a mining lease or mining leases are converted to a mining claim or mining claims under this section—\nthe area of the mining claim or mining claims must include the whole of the surface of the land within the mining lease or mining leases and can not include any other land; and\nthe term of the mining claim or mining claims end on the first of the following to happen—\nthe day that is 10 years after the conversion;\nif only 1 mining lease is converted—the day the term of the mining lease would have ended if it had not been converted;\nif more than 1 mining lease is converted—the first day the term of any of the mining leases would have ended if that mining lease had not been converted.\nThe Minister must consider an application made under this section and decide to grant or refuse the application.\nThe Minister may grant the application if satisfied the holder has complied with the conditions of the relevant mining lease and this Act in relation to the lease.\nIf the Minister decides to grant the application, the chief executive must—\ngive the applicant notice of the decision; and\nrecord particulars of the conversion in the register.\nIf the Minister decides to refuse the application, the chief executive must give the applicant notice of the decision and reasons for it.\nOn the recording of the particulars of the conversion in the register—\nthe relevant mining lease is taken to be a mining claim; and\nany security deposited under this Act for the lease is taken to be a security deposited for the mining claim.\nIf a relevant mining lease is subject to a condition that it can not be renewed or further renewed, the converted mining claim is subject to a condition that it can not be renewed.\nWithout limiting section 81 or subsection (10), a converted mining claim is subject to the conditions decided by the Minister and stated on the notice mentioned in subsection (7)(a).\nIf the term of a relevant mining lease would, but for this subsection, end before the application is decided, the lease is taken to continue in force until the application is decided.\nIn this section—\nrelevant mining lease , for an application, means the mining lease to which the application relates.\ns 816 ins 2013 No. 10 s 140\namd 2014 No. 47 ss 462 , 489\n(sec.816-ssec.1) This section applies to a mining lease or mining leases for corundum, gemstones or other precious stones if— the area of the mining lease, or combined area of the mining leases, is not more than 40ha; and for 2 or more mining leases— the land in the area of the leases is contiguous; and the holder of the mining leases is the same entity.\n(sec.816-ssec.2) The holder of the mining lease or mining leases may, within 2 years after the commencement, apply to the Minister to convert the whole area of the mining lease or mining leases to a mining claim, of not more than 20ha, or 2 mining claims, of not more than 20ha each, applying to corundum, gemstones or other precious stones.\n(sec.816-ssec.3) The application must— be in the approved form; and state the name of each applicant; and state the number of the mining lease or mining leases; and define the boundaries of the land to be included in the mining claim or mining claims; and Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement. describe all parcels of land the whole or part of which are the subject of the application and state the name and address of each owner of the land and of land that is to be used as access; and for each proposed mining claim, define the boundary of any land outside the area of the proposed mining claim intended to be used to access the proposed claim area; and be accompanied by a sketch, map or other graphic representation the chief executive considers appropriate setting out the boundaries of the land to be included in the mining claim or mining claims and the land to be used as access; and be accompanied by a work program for the activities to be carried out under the mining claim or mining claims; and identify the mineral or minerals for which the mining claim or mining claims is sought.\n(sec.816-ssec.4) If a mining lease or mining leases are converted to a mining claim or mining claims under this section— the area of the mining claim or mining claims must include the whole of the surface of the land within the mining lease or mining leases and can not include any other land; and the term of the mining claim or mining claims end on the first of the following to happen— the day that is 10 years after the conversion; if only 1 mining lease is converted—the day the term of the mining lease would have ended if it had not been converted; if more than 1 mining lease is converted—the first day the term of any of the mining leases would have ended if that mining lease had not been converted.\n(sec.816-ssec.5) The Minister must consider an application made under this section and decide to grant or refuse the application.\n(sec.816-ssec.6) The Minister may grant the application if satisfied the holder has complied with the conditions of the relevant mining lease and this Act in relation to the lease.\n(sec.816-ssec.7) If the Minister decides to grant the application, the chief executive must— give the applicant notice of the decision; and record particulars of the conversion in the register.\n(sec.816-ssec.8) If the Minister decides to refuse the application, the chief executive must give the applicant notice of the decision and reasons for it.\n(sec.816-ssec.9) On the recording of the particulars of the conversion in the register— the relevant mining lease is taken to be a mining claim; and any security deposited under this Act for the lease is taken to be a security deposited for the mining claim.\n(sec.816-ssec.10) If a relevant mining lease is subject to a condition that it can not be renewed or further renewed, the converted mining claim is subject to a condition that it can not be renewed.\n(sec.816-ssec.11) Without limiting section 81 or subsection (10), a converted mining claim is subject to the conditions decided by the Minister and stated on the notice mentioned in subsection (7)(a).\n(sec.816-ssec.12) If the term of a relevant mining lease would, but for this subsection, end before the application is decided, the lease is taken to continue in force until the application is decided.\n(sec.816-ssec.13) In this section— relevant mining lease , for an application, means the mining lease to which the application relates.\n- (a) the area of the mining lease, or combined area of the mining leases, is not more than 40ha; and\n- (b) for 2 or more mining leases— (i) the land in the area of the leases is contiguous; and (ii) the holder of the mining leases is the same entity.\n- (i) the land in the area of the leases is contiguous; and\n- (ii) the holder of the mining leases is the same entity.\n- (i) the land in the area of the leases is contiguous; and\n- (ii) the holder of the mining leases is the same entity.\n- (a) be in the approved form; and\n- (b) state the name of each applicant; and\n- (c) state the number of the mining lease or mining leases; and\n- (d) define the boundaries of the land to be included in the mining claim or mining claims; and Note— Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.\n- (e) describe all parcels of land the whole or part of which are the subject of the application and state the name and address of each owner of the land and of land that is to be used as access; and\n- (f) for each proposed mining claim, define the boundary of any land outside the area of the proposed mining claim intended to be used to access the proposed claim area; and\n- (g) be accompanied by a sketch, map or other graphic representation the chief executive considers appropriate setting out the boundaries of the land to be included in the mining claim or mining claims and the land to be used as access; and\n- (h) be accompanied by a work program for the activities to be carried out under the mining claim or mining claims; and\n- (i) identify the mineral or minerals for which the mining claim or mining claims is sought.\n- (a) the area of the mining claim or mining claims must include the whole of the surface of the land within the mining lease or mining leases and can not include any other land; and\n- (b) the term of the mining claim or mining claims end on the first of the following to happen— (i) the day that is 10 years after the conversion; (ii) if only 1 mining lease is converted—the day the term of the mining lease would have ended if it had not been converted; (iii) if more than 1 mining lease is converted—the first day the term of any of the mining leases would have ended if that mining lease had not been converted.\n- (i) the day that is 10 years after the conversion;\n- (ii) if only 1 mining lease is converted—the day the term of the mining lease would have ended if it had not been converted;\n- (iii) if more than 1 mining lease is converted—the first day the term of any of the mining leases would have ended if that mining lease had not been converted.\n- (i) the day that is 10 years after the conversion;\n- (ii) if only 1 mining lease is converted—the day the term of the mining lease would have ended if it had not been converted;\n- (iii) if more than 1 mining lease is converted—the first day the term of any of the mining leases would have ended if that mining lease had not been converted.\n- (a) give the applicant notice of the decision; and\n- (b) record particulars of the conversion in the register.\n- (a) the relevant mining lease is taken to be a mining claim; and\n- (b) any security deposited under this Act for the lease is taken to be a security deposited for the mining claim.","sortOrder":1044},{"sectionNumber":"ch.15-pt.7","sectionType":"part","heading":"Transitional provisions for Transport and Other Legislation Amendment Act 2014","content":"# Transitional provisions for Transport and Other Legislation Amendment Act 2014","sortOrder":1045},{"sectionNumber":"sec.817","sectionType":"section","heading":"Mining lease application not decided before the commencement","content":"### sec.817 Mining lease application not decided before the commencement\n\nThis section applies to a mining lease application for land mentioned in section 271A that, on the commencement of this section, has not been decided by the Minister.\nSection 271A(3) applies to the application.\ns 817 ins 2014 No. 43 s 12\n(sec.817-ssec.1) This section applies to a mining lease application for land mentioned in section 271A that, on the commencement of this section, has not been decided by the Minister.\n(sec.817-ssec.2) Section 271A(3) applies to the application.","sortOrder":1046},{"sectionNumber":"ch.15-pt.8","sectionType":"part","heading":"Transitional provisions for State Development, Infrastructure and Planning (Red Tape Reduction) and Other Legislation Amendment Act 2014","content":"# Transitional provisions for State Development, Infrastructure and Planning (Red Tape Reduction) and Other Legislation Amendment Act 2014","sortOrder":1047},{"sectionNumber":"sec.818","sectionType":"section","heading":"Application of repealed ss 334Z and 334ZA","content":"### sec.818 Application of repealed ss 334Z and 334ZA\n\nThis section applies to—\na person who, immediately before the commencement, may have made an application under previous section 334Z or 334ZA to include land in a mining tenement; or\nan application made, but not decided, before the commencement, under previous section 334Z or 334ZA to include land in a mining tenement.\nDespite the repeal of previous sections 334Z and 334ZA, each previous section continues to apply—\nto a person mentioned in subsection (1)(a); and\nfor deciding an application under the previous section to include land in a mining tenement.\nIn this section—\namending Act means the State Development, Infrastructure and Planning (Red Tape Reduction) and Other Legislation Amendment Act 2014 .\ncommencement means the commencement of this section.\nprevious , for a provision of this Act, means the provision as in force immediately before the repeal of the provision under the amending Act.\ns 818 ins 2014 No. 40 s 118\n(sec.818-ssec.1) This section applies to— a person who, immediately before the commencement, may have made an application under previous section 334Z or 334ZA to include land in a mining tenement; or an application made, but not decided, before the commencement, under previous section 334Z or 334ZA to include land in a mining tenement.\n(sec.818-ssec.2) Despite the repeal of previous sections 334Z and 334ZA, each previous section continues to apply— to a person mentioned in subsection (1)(a); and for deciding an application under the previous section to include land in a mining tenement.\n(sec.818-ssec.3) In this section— amending Act means the State Development, Infrastructure and Planning (Red Tape Reduction) and Other Legislation Amendment Act 2014 . commencement means the commencement of this section. previous , for a provision of this Act, means the provision as in force immediately before the repeal of the provision under the amending Act.\n- (a) a person who, immediately before the commencement, may have made an application under previous section 334Z or 334ZA to include land in a mining tenement; or\n- (b) an application made, but not decided, before the commencement, under previous section 334Z or 334ZA to include land in a mining tenement.\n- (a) to a person mentioned in subsection (1)(a); and\n- (b) for deciding an application under the previous section to include land in a mining tenement.","sortOrder":1048},{"sectionNumber":"sec.819","sectionType":"section","heading":null,"content":"### Section sec.819\n\ns 819 ins 2014 No. 40 s 118\nexp 1 October 2015 (see s 819(4))","sortOrder":1049},{"sectionNumber":"ch.15-pt.9","sectionType":"part","heading":"Transitional provisions for Revenue Legislation Amendment Act 2014","content":"# Transitional provisions for Revenue Legislation Amendment Act 2014","sortOrder":1050},{"sectionNumber":"sec.820","sectionType":"section","heading":"Definition for pt 9","content":"### sec.820 Definition for pt 9\n\nIn this part—\ncommencement means the commencement of the provision in which the term is used.\ns 820 ins 2014 No. 35 s 20","sortOrder":1051},{"sectionNumber":"sec.821","sectionType":"section","heading":"Application of particular provisions for previous section 326 records","content":"### sec.821 Application of particular provisions for previous section 326 records\n\nThis section applies to a person in relation to a record required to be kept by the person under section 326 as in force immediately before the commencement ( previous section 326 ).\nOn and from the commencement—\nprevious section 326(2) continues to apply to the person in relation to the record; and\nif the person is no longer the holder of a mining claim or mining lease or a person who otherwise mines mineral from land, sections 326A, 326B and 326D also apply to the person in relation to the record.\ns 821 ins 2014 No. 35 s 20\n(sec.821-ssec.1) This section applies to a person in relation to a record required to be kept by the person under section 326 as in force immediately before the commencement ( previous section 326 ).\n(sec.821-ssec.2) On and from the commencement— previous section 326(2) continues to apply to the person in relation to the record; and if the person is no longer the holder of a mining claim or mining lease or a person who otherwise mines mineral from land, sections 326A, 326B and 326D also apply to the person in relation to the record.\n- (a) previous section 326(2) continues to apply to the person in relation to the record; and\n- (b) if the person is no longer the holder of a mining claim or mining lease or a person who otherwise mines mineral from land, sections 326A, 326B and 326D also apply to the person in relation to the record.","sortOrder":1052},{"sectionNumber":"sec.822","sectionType":"section","heading":"Application of ch 11, pt 3, divs 2 and 3 for royalty payable for period occurring before 1 July 2014","content":"### sec.822 Application of ch 11, pt 3, divs 2 and 3 for royalty payable for period occurring before 1 July 2014\n\nChapter 11, part 3, divisions 2 and 3, as in force on and from 1 July 2014, applies in relation to a royalty-related amount payable by a person for a period even if—\nthe period started before 1 July 2014; and\na person is liable to pay a royalty penalty amount because of a particular act or omission mentioned in section 331F, and that occurred before 1 July 2014.\nThe Minister may make an assessment, reassessment or default assessment of a royalty-related amount payable by a person for a period under chapter 11, part 3, division 2 as in force on and from 1 July 2014, even if the period started before 1 July 2014.\nFor applying subsection (1) to royalty payable for a period occurring before 1 July 2014, an assessment or reassessment of royalty for the period that was made under the Act as in force before 1 July 2014 is taken to be an original assessment or reassessment, as the case may be, for chapter 11, part 3.\nSubsection (4) applies if—\nthe royalty paid by a person for a period that ended before 1 July 2014 is less than the royalty payable by the person for the period (a royalty shortfall ); and\nbefore 31 December 2014, the person gives the Minister notice, in the approved form, of the royalty shortfall, including the amount of the royalty shortfall; and\nbefore the person gives the Minister the notice, the Minister has not already notified the person of the royalty shortfall; and\nafter the commencement, the Minister makes a default assessment or reassessment of the royalty payable by the person for the period.\nThe person is not, under section 331E, liable for a royalty penalty amount in relation to the royalty shortfall under the default assessment or reassessment.\nSubsection (2), as amended by the Revenue Legislation Amendment Act 2018 , is taken to have applied from 1 July 2014.\nFor the validity of assessments and reassessments of royalty made before 1 July 2014, see also section 844.\ns 822 ins 2014 No. 35 s 36\namd 2018 No. 12 s 21\n(sec.822-ssec.1) Chapter 11, part 3, divisions 2 and 3, as in force on and from 1 July 2014, applies in relation to a royalty-related amount payable by a person for a period even if— the period started before 1 July 2014; and a person is liable to pay a royalty penalty amount because of a particular act or omission mentioned in section 331F, and that occurred before 1 July 2014. The Minister may make an assessment, reassessment or default assessment of a royalty-related amount payable by a person for a period under chapter 11, part 3, division 2 as in force on and from 1 July 2014, even if the period started before 1 July 2014.\n(sec.822-ssec.2) For applying subsection (1) to royalty payable for a period occurring before 1 July 2014, an assessment or reassessment of royalty for the period that was made under the Act as in force before 1 July 2014 is taken to be an original assessment or reassessment, as the case may be, for chapter 11, part 3.\n(sec.822-ssec.3) Subsection (4) applies if— the royalty paid by a person for a period that ended before 1 July 2014 is less than the royalty payable by the person for the period (a royalty shortfall ); and before 31 December 2014, the person gives the Minister notice, in the approved form, of the royalty shortfall, including the amount of the royalty shortfall; and before the person gives the Minister the notice, the Minister has not already notified the person of the royalty shortfall; and after the commencement, the Minister makes a default assessment or reassessment of the royalty payable by the person for the period.\n(sec.822-ssec.4) The person is not, under section 331E, liable for a royalty penalty amount in relation to the royalty shortfall under the default assessment or reassessment.\n(sec.822-ssec.5) Subsection (2), as amended by the Revenue Legislation Amendment Act 2018 , is taken to have applied from 1 July 2014. For the validity of assessments and reassessments of royalty made before 1 July 2014, see also section 844.\n- (a) the period started before 1 July 2014; and\n- (b) a person is liable to pay a royalty penalty amount because of a particular act or omission mentioned in section 331F, and that occurred before 1 July 2014.\n- (a) the royalty paid by a person for a period that ended before 1 July 2014 is less than the royalty payable by the person for the period (a royalty shortfall ); and\n- (b) before 31 December 2014, the person gives the Minister notice, in the approved form, of the royalty shortfall, including the amount of the royalty shortfall; and\n- (c) before the person gives the Minister the notice, the Minister has not already notified the person of the royalty shortfall; and\n- (d) after the commencement, the Minister makes a default assessment or reassessment of the royalty payable by the person for the period.","sortOrder":1053},{"sectionNumber":"sec.823","sectionType":"section","heading":"Application of s 333J to particular administrators","content":"### sec.823 Application of s 333J to particular administrators\n\nSection 333J applies to an administrator appointed before the commencement as if the required date for section 333J(1) were the later of the following—\nthe date 14 days after the commencement; or\nthe required date for section 333J(1).\ns 823 ins 2014 No. 35 s 36 ; 2016 No. 10 s 12\n- (a) the date 14 days after the commencement; or\n- (b) the required date for section 333J(1).","sortOrder":1054},{"sectionNumber":"ch.15-pt.10","sectionType":"part","heading":"Transitional provisions for Mineral and Energy Resources (Common Provisions) Act 2014","content":"# Transitional provisions for Mineral and Energy Resources (Common Provisions) Act 2014","sortOrder":1055},{"sectionNumber":"sec.824","sectionType":"section","heading":"Continued appeal right for particular decisions","content":"### sec.824 Continued appeal right for particular decisions\n\nIf, before the commencement of this section, a person may have appealed to the Land Court against a decision of the Minister to refuse to approve an assessable transfer under previous section 318AAZM, the person may still appeal against the decision, in compliance with chapter 7, part 4.\nA person who, before the commencement of this section, may have applied to the Land Court for a review of a road use direction under previous section 406, may still apply to the Land Court for the review in compliance with section 406(2) to (7).\nIn this section—\nprevious section 318AAZM means section 318AAZM as in force immediately before its amendment under the Common Provisions Act, section 366.\nprevious section 406 means section 406 as in force immediately before its amendment under the Common Provisions Act, section 370.\ns 824 ins 2014 No. 47 s 371\n(sec.824-ssec.1) If, before the commencement of this section, a person may have appealed to the Land Court against a decision of the Minister to refuse to approve an assessable transfer under previous section 318AAZM, the person may still appeal against the decision, in compliance with chapter 7, part 4.\n(sec.824-ssec.2) A person who, before the commencement of this section, may have applied to the Land Court for a review of a road use direction under previous section 406, may still apply to the Land Court for the review in compliance with section 406(2) to (7).\n(sec.824-ssec.3) In this section— previous section 318AAZM means section 318AAZM as in force immediately before its amendment under the Common Provisions Act, section 366. previous section 406 means section 406 as in force immediately before its amendment under the Common Provisions Act, section 370.","sortOrder":1056},{"sectionNumber":"sec.825","sectionType":"section","heading":"Existing practice manuals","content":"### sec.825 Existing practice manuals\n\nA practice manual kept under former section 416B continues in effect until the chief executive makes a manual available under the Common Provisions Act, section 202(4)(b).\nIn this section—\nformer section 416B means section 416B as in force immediately before the commencement of this section.\ns 825 ins 2014 No. 47 s 397\n(sec.825-ssec.1) A practice manual kept under former section 416B continues in effect until the chief executive makes a manual available under the Common Provisions Act, section 202(4)(b).\n(sec.825-ssec.2) In this section— former section 416B means section 416B as in force immediately before the commencement of this section.","sortOrder":1057},{"sectionNumber":"sec.826","sectionType":"section","heading":"Application of incidental coal seam gas provisions","content":"### sec.826 Application of incidental coal seam gas provisions\n\nSubject to subsections (2), (3) and (4), the new incidental coal seam gas provisions apply to a mining lease whether the mining lease is granted before or after the commencement.\nSubsection (3) applies if—\na person holds an ML (coal) granted before the commencement; and\nanother person holds—\nan ATP, whenever granted; or\na PL, whenever granted; and\nthe area of the ML (coal) and the ATP or PL overlap.\nChapter 8, part 8, as in force before the commencement continues to apply as if the new incidental coal seam gas provisions had not commenced.\nDespite subsection (3), the new incidental coal seam gas provisions apply to an ML (coal) granted before the commencement if—\nthe ML (coal) holder offers to supply any incidental coal seam gas in the overlapping area to an ATP or PL holder under the Common Provisions Act, section 138; and\nthe ATP or PL holder does not accept the offer under the Common Provisions Act, section 138.\nHowever, for applying the Common Provisions Act, section 138, each of the following applies—\nthe written notice of the offer given under section 138(2) need not comply with the requirements under paragraphs (a) to (c) of section 138(2);\nsection 138 (3) is taken to provide only that the petroleum resource authority holder may accept the offer within 12 months after receiving the written notice, or a later period agreed to by the ML (coal) holder;\nthe reference in section 138(7) to ‘gas offered to a petroleum resource authority holder under subsection (2)(a)’ is taken to be a reference to ‘undiluted incidental coal seam gas offered to a petroleum resource authority holder under subsection (2)’.\nIn this section—\namended means amended, repealed or inserted by the Common Provisions Act.\nATP see the Common Provisions Act, section 103.\ncommencement means the commencement of this section.\nmining lease means a coal mining lease or an oil shale mining lease.\nML (coal) see the Common Provisions Act, section 103.\nnew incidental coal seam gas provisions means sections 318CL, 318CN, 318CNA and 318CO, as amended by the Common Provisions Act.\nPL see the Common Provisions Act, section 103.\ns 826 ins 2014 No. 47 s 408 (amd 2014 No. 64 s 8D )\n(sec.826-ssec.1) Subject to subsections (2), (3) and (4), the new incidental coal seam gas provisions apply to a mining lease whether the mining lease is granted before or after the commencement.\n(sec.826-ssec.2) Subsection (3) applies if— a person holds an ML (coal) granted before the commencement; and another person holds— an ATP, whenever granted; or a PL, whenever granted; and the area of the ML (coal) and the ATP or PL overlap.\n(sec.826-ssec.3) Chapter 8, part 8, as in force before the commencement continues to apply as if the new incidental coal seam gas provisions had not commenced.\n(sec.826-ssec.4) Despite subsection (3), the new incidental coal seam gas provisions apply to an ML (coal) granted before the commencement if— the ML (coal) holder offers to supply any incidental coal seam gas in the overlapping area to an ATP or PL holder under the Common Provisions Act, section 138; and the ATP or PL holder does not accept the offer under the Common Provisions Act, section 138.\n(sec.826-ssec.5) However, for applying the Common Provisions Act, section 138, each of the following applies— the written notice of the offer given under section 138(2) need not comply with the requirements under paragraphs (a) to (c) of section 138(2); section 138 (3) is taken to provide only that the petroleum resource authority holder may accept the offer within 12 months after receiving the written notice, or a later period agreed to by the ML (coal) holder; the reference in section 138(7) to ‘gas offered to a petroleum resource authority holder under subsection (2)(a)’ is taken to be a reference to ‘undiluted incidental coal seam gas offered to a petroleum resource authority holder under subsection (2)’.\n(sec.826-ssec.6) In this section— amended means amended, repealed or inserted by the Common Provisions Act. ATP see the Common Provisions Act, section 103. commencement means the commencement of this section. mining lease means a coal mining lease or an oil shale mining lease. ML (coal) see the Common Provisions Act, section 103. new incidental coal seam gas provisions means sections 318CL, 318CN, 318CNA and 318CO, as amended by the Common Provisions Act. PL see the Common Provisions Act, section 103.\n- (a) a person holds an ML (coal) granted before the commencement; and\n- (b) another person holds— (i) an ATP, whenever granted; or (ii) a PL, whenever granted; and\n- (i) an ATP, whenever granted; or\n- (ii) a PL, whenever granted; and\n- (c) the area of the ML (coal) and the ATP or PL overlap.\n- (i) an ATP, whenever granted; or\n- (ii) a PL, whenever granted; and\n- (a) the ML (coal) holder offers to supply any incidental coal seam gas in the overlapping area to an ATP or PL holder under the Common Provisions Act, section 138; and\n- (b) the ATP or PL holder does not accept the offer under the Common Provisions Act, section 138.\n- (a) the written notice of the offer given under section 138(2) need not comply with the requirements under paragraphs (a) to (c) of section 138(2);\n- (b) section 138 (3) is taken to provide only that the petroleum resource authority holder may accept the offer within 12 months after receiving the written notice, or a later period agreed to by the ML (coal) holder;\n- (c) the reference in section 138(7) to ‘gas offered to a petroleum resource authority holder under subsection (2)(a)’ is taken to be a reference to ‘undiluted incidental coal seam gas offered to a petroleum resource authority holder under subsection (2)’.","sortOrder":1058},{"sectionNumber":"sec.827","sectionType":"section","heading":"Applications for mineral development licences accepted before commencement","content":"### sec.827 Applications for mineral development licences accepted before commencement\n\nThis section applies if, before the commencement, the chief executive accepted under the pre-amended Act, as in force from time to time before the commencement, an application for the grant of a mineral development licence.\nThe pre-amended Act, as in force immediately before the commencement, continues to apply to the application as if the Common Provisions Act, chapter 9, part 7, division 9 had not been enacted.\nIn this section—\ncommencement means the commencement of this section.\ns 827 ins 2014 No. 47 s 463\n(sec.827-ssec.1) This section applies if, before the commencement, the chief executive accepted under the pre-amended Act, as in force from time to time before the commencement, an application for the grant of a mineral development licence.\n(sec.827-ssec.2) The pre-amended Act, as in force immediately before the commencement, continues to apply to the application as if the Common Provisions Act, chapter 9, part 7, division 9 had not been enacted.\n(sec.827-ssec.3) In this section— commencement means the commencement of this section.","sortOrder":1059},{"sectionNumber":"sec.828","sectionType":"section","heading":"Mining claim application certificates given before commencement","content":"### sec.828 Mining claim application certificates given before commencement\n\nThis section applies if, before the commencement, an applicant for the grant of a mining claim was given a mining claim application certificate under the pre-amended Act, section 64, as in force from time to time before the commencement.\nThe pre-amended Act, as in force immediately before the commencement, continues to apply to the application as if the Common Provisions Act, chapter 9, part 7, division 9 had not been enacted.\nIn this section—\ncommencement means the commencement of this section.\ns 828 ins 2014 No. 47 s 463\n(sec.828-ssec.1) This section applies if, before the commencement, an applicant for the grant of a mining claim was given a mining claim application certificate under the pre-amended Act, section 64, as in force from time to time before the commencement.\n(sec.828-ssec.2) The pre-amended Act, as in force immediately before the commencement, continues to apply to the application as if the Common Provisions Act, chapter 9, part 7, division 9 had not been enacted.\n(sec.828-ssec.3) In this section— commencement means the commencement of this section.","sortOrder":1060},{"sectionNumber":"sec.829","sectionType":"section","heading":"Certificates of applications for a mining lease given before commencement","content":"### sec.829 Certificates of applications for a mining lease given before commencement\n\nThis section applies if, before the commencement, an applicant for the grant of a mining lease is given a certificate of application for a mining lease under the pre-amended Act, section 252, as in force from time to time before the commencement.\nThe pre-amended Act, as in force immediately before the commencement, continues to apply to the certificate of application as if the Common Provisions Act, chapter 9, part 7, division 9 had not been enacted.\nIn this section—\ncommencement means the commencement of this section.\npre-amended Act means this Act as in force before the commencement.\ns 829 ins 2014 No. 47 s 463\n(sec.829-ssec.1) This section applies if, before the commencement, an applicant for the grant of a mining lease is given a certificate of application for a mining lease under the pre-amended Act, section 252, as in force from time to time before the commencement.\n(sec.829-ssec.2) The pre-amended Act, as in force immediately before the commencement, continues to apply to the certificate of application as if the Common Provisions Act, chapter 9, part 7, division 9 had not been enacted.\n(sec.829-ssec.3) In this section— commencement means the commencement of this section. pre-amended Act means this Act as in force before the commencement.","sortOrder":1061},{"sectionNumber":"sec.830","sectionType":"section","heading":"Certificates of public notice given before commencement","content":"### sec.830 Certificates of public notice given before commencement\n\nThis section applies if, before the commencement, an applicant for the grant of a mining lease is given a certificate of public notice under the pre-amended Act, section 252A, as in force from time to time before the commencement.\nThe pre-amended Act, as in force immediately before the commencement, continues to apply to the application as if the Common Provisions Act, chapter 9, part 7, division 9 had not been enacted.\nIn this section—\ncommencement means the commencement of this section.\npre-amended Act means this Act as in force before the commencement.\ns 830 ins 2014 No. 47 s 463\n(sec.830-ssec.1) This section applies if, before the commencement, an applicant for the grant of a mining lease is given a certificate of public notice under the pre-amended Act, section 252A, as in force from time to time before the commencement.\n(sec.830-ssec.2) The pre-amended Act, as in force immediately before the commencement, continues to apply to the application as if the Common Provisions Act, chapter 9, part 7, division 9 had not been enacted.\n(sec.830-ssec.3) In this section— commencement means the commencement of this section. pre-amended Act means this Act as in force before the commencement.","sortOrder":1062},{"sectionNumber":"sec.833","sectionType":"section","heading":"Act as in force on relevant day continues to apply for particular mining leases","content":"### sec.833 Act as in force on relevant day continues to apply for particular mining leases\n\nThis section applies if—\nan application for a mining lease over non-exclusive land—\nwas lodged during the period from 18 September 2000 to 31 March 2003, both days inclusive; or\nis a relevant previous application; and\nimmediately before the commencement of this section, the application had not been decided.\nThis Act, as in force on the relevant day for the mining lease, continues to apply—\nto the granting of the mining lease; and\nif the mining lease is granted—to a variation or renewal of the mining lease.\nIn this section—\nnative title provisions start day , for an application for a mining lease, means the native title provisions start day notified in relation to the application under section 725(3) and (4).\nnon-exclusive land means land over which native title has not been extinguished, but only to the extent that the land is a place mentioned in the Commonwealth Native Title Act , section 26 (3) .\nrelevant day , for a mining lease, means—\nif the application for the mining lease is a relevant previous application—the native title provisions start day for the application; or\notherwise—the day the application for the mining lease was lodged.\nrelevant previous application means an application—\nlodged before 18 September 2000; and\nin relation to which the Minister has notified a native title provisions start day.\nSee section 842 for the application of this provision.\ns 833 ins 2014 No. 47 s 477\namd 2018 No. 24 s 159\n(sec.833-ssec.1) This section applies if— an application for a mining lease over non-exclusive land— was lodged during the period from 18 September 2000 to 31 March 2003, both days inclusive; or is a relevant previous application; and immediately before the commencement of this section, the application had not been decided.\n(sec.833-ssec.2) This Act, as in force on the relevant day for the mining lease, continues to apply— to the granting of the mining lease; and if the mining lease is granted—to a variation or renewal of the mining lease.\n(sec.833-ssec.3) In this section— native title provisions start day , for an application for a mining lease, means the native title provisions start day notified in relation to the application under section 725(3) and (4). non-exclusive land means land over which native title has not been extinguished, but only to the extent that the land is a place mentioned in the Commonwealth Native Title Act , section 26 (3) . relevant day , for a mining lease, means— if the application for the mining lease is a relevant previous application—the native title provisions start day for the application; or otherwise—the day the application for the mining lease was lodged. relevant previous application means an application— lodged before 18 September 2000; and in relation to which the Minister has notified a native title provisions start day.\n- (a) an application for a mining lease over non-exclusive land— (i) was lodged during the period from 18 September 2000 to 31 March 2003, both days inclusive; or (ii) is a relevant previous application; and\n- (i) was lodged during the period from 18 September 2000 to 31 March 2003, both days inclusive; or\n- (ii) is a relevant previous application; and\n- (b) immediately before the commencement of this section, the application had not been decided.\n- (i) was lodged during the period from 18 September 2000 to 31 March 2003, both days inclusive; or\n- (ii) is a relevant previous application; and\n- (a) to the granting of the mining lease; and\n- (b) if the mining lease is granted—to a variation or renewal of the mining lease.\n- (a) if the application for the mining lease is a relevant previous application—the native title provisions start day for the application; or\n- (b) otherwise—the day the application for the mining lease was lodged.\n- (a) lodged before 18 September 2000; and\n- (b) in relation to which the Minister has notified a native title provisions start day.","sortOrder":1063},{"sectionNumber":"sec.834","sectionType":"section","heading":"Relevant provisions continue to apply for particular mining tenements","content":"### sec.834 Relevant provisions continue to apply for particular mining tenements\n\nThis section applies for a mining tenement if the mining tenement was granted before the commencement of this section.\nThis Act, as in force immediately before the commencement of this section, continues to apply to the mining tenement.\nSee section 843 for the application of this provision.\ns 834 ins 2014 No. 47 s 477\namd 2018 No. 24 s 160\n(sec.834-ssec.1) This section applies for a mining tenement if the mining tenement was granted before the commencement of this section.\n(sec.834-ssec.2) This Act, as in force immediately before the commencement of this section, continues to apply to the mining tenement.","sortOrder":1064},{"sectionNumber":"sec.837","sectionType":"section","heading":"Validation of conversion of mining lease to mining claim","content":"### sec.837 Validation of conversion of mining lease to mining claim\n\nThis section applies to the conversion of a mining lease or mining leases for corundum, gemstones or other precious stones under section 816 before the commencement of this section.\nIf the conversion was to a mining claim, of not more than 20 ha, or 2 mining claims, of not more than 20ha each, the conversion is taken to be, and always to have been, validly made under section 816.\ns 837 ins 2014 No. 47 s 490\n(sec.837-ssec.1) This section applies to the conversion of a mining lease or mining leases for corundum, gemstones or other precious stones under section 816 before the commencement of this section.\n(sec.837-ssec.2) If the conversion was to a mining claim, of not more than 20 ha, or 2 mining claims, of not more than 20ha each, the conversion is taken to be, and always to have been, validly made under section 816.","sortOrder":1065},{"sectionNumber":"ch.15-pt.10A","sectionType":"part","heading":"Other provision for Mineral and Energy Resources (Common Provisions) Act 2014","content":"# Other provision for Mineral and Energy Resources (Common Provisions) Act 2014","sortOrder":1066},{"sectionNumber":"sec.837A","sectionType":"section","heading":"Application of Common Provisions Act, s 138 to particular coal mining leases","content":"### sec.837A Application of Common Provisions Act, s 138 to particular coal mining leases\n\nThis section applies if—\nthe area of a coal mining lease granted after the relevant commencement overlaps the area of a petroleum lease granted before the relevant commencement; and\nthe new overlap provisions do not apply to the circumstance of the overlap under the Common Provisions Act, section 232(2).\nFor applying the Common Provisions Act, section 138 to the coal mining lease, each of the following applies—\nthe written notice of the offer given under section 138(2) need not comply with the requirements under section 138(2)(a) to (c);\nsection 138 (3) is taken to provide only that the petroleum lease holder may accept the offer within 12 months after receiving the written notice, or a later period agreed to by the coal mining lease holder;\nthe reference in section 138(7) to ‘gas offered to a petroleum resource authority holder under subsection (2)(a)’ is taken to be a reference to ‘undiluted incidental coal seam gas offered to a petroleum resource authority holder under subsection (2)’.\nThis section applies to a coal mining lease mentioned in subsection (1) even if it was granted before the commencement of this section.\nIn this section—\nnew overlap provisions means the Common Provisions Act, chapter 4.\nrelevant commencement means the commencement of section 826.\ns 837A ins 2019 No. 7 s 254\n(sec.837A-ssec.1) This section applies if— the area of a coal mining lease granted after the relevant commencement overlaps the area of a petroleum lease granted before the relevant commencement; and the new overlap provisions do not apply to the circumstance of the overlap under the Common Provisions Act, section 232(2).\n(sec.837A-ssec.2) For applying the Common Provisions Act, section 138 to the coal mining lease, each of the following applies— the written notice of the offer given under section 138(2) need not comply with the requirements under section 138(2)(a) to (c); section 138 (3) is taken to provide only that the petroleum lease holder may accept the offer within 12 months after receiving the written notice, or a later period agreed to by the coal mining lease holder; the reference in section 138(7) to ‘gas offered to a petroleum resource authority holder under subsection (2)(a)’ is taken to be a reference to ‘undiluted incidental coal seam gas offered to a petroleum resource authority holder under subsection (2)’.\n(sec.837A-ssec.3) This section applies to a coal mining lease mentioned in subsection (1) even if it was granted before the commencement of this section.\n(sec.837A-ssec.4) In this section— new overlap provisions means the Common Provisions Act, chapter 4. relevant commencement means the commencement of section 826.\n- (a) the area of a coal mining lease granted after the relevant commencement overlaps the area of a petroleum lease granted before the relevant commencement; and\n- (b) the new overlap provisions do not apply to the circumstance of the overlap under the Common Provisions Act, section 232(2).\n- (a) the written notice of the offer given under section 138(2) need not comply with the requirements under section 138(2)(a) to (c);\n- (b) section 138 (3) is taken to provide only that the petroleum lease holder may accept the offer within 12 months after receiving the written notice, or a later period agreed to by the coal mining lease holder;\n- (c) the reference in section 138(7) to ‘gas offered to a petroleum resource authority holder under subsection (2)(a)’ is taken to be a reference to ‘undiluted incidental coal seam gas offered to a petroleum resource authority holder under subsection (2)’.","sortOrder":1067},{"sectionNumber":"ch.15-pt.11","sectionType":"part","heading":"Transitional provision for Mineral Resources (Aurukun Bauxite Resource) Amendment Act 2016","content":"# Transitional provision for Mineral Resources (Aurukun Bauxite Resource) Amendment Act 2016","sortOrder":1068},{"sectionNumber":"sec.838","sectionType":"section","heading":"Amended Act applies to existing mineral development licence applications","content":"### sec.838 Amended Act applies to existing mineral development licence applications\n\nThis Act, as in force after the commencement of the Mineral Resources (Aurukun Bauxite Resource) Amendment Act 2016 , applies to an application for a mineral development licence made under chapter 5, part 2 whether the application was made before or after the commencement.\ns 838 ins 2016 No. 10 s 11","sortOrder":1069},{"sectionNumber":"ch.15-pt.12","sectionType":"part","heading":"Transitional provision for Water Reform and Other Legislation Amendment Act 2014","content":"# Transitional provision for Water Reform and Other Legislation Amendment Act 2014","sortOrder":1070},{"sectionNumber":"sec.839","sectionType":"section","heading":"Restriction on entitlement to use underground water— Act , s 334ZP","content":"### sec.839 Restriction on entitlement to use underground water— Act , s 334ZP\n\nThis section applies in relation to a mineral development licence or mining lease if, before the commencement—\neither—\nan environmental authority was granted in relation to the mineral development licence or mining lease; or\nan application for an environmental authority, or for an amendment of an environmental authority, in relation to the mineral development licence or mining lease was made but not decided; or\nif an environmental authority in relation to the mineral development licence or mining lease had not been granted or applied for—there is a notified coordinated project in relation to the licence or lease; and\nthe entity who is or will be the holder of the mineral development licence or mining lease did not hold, but would have been required to hold, a water licence or water permit to take or interfere with underground water in the area of the licence or lease if the taking or interference were to have happened during the course of, or as a result of, the carrying out of authorised activities for the licence or lease.\nSection 334ZP does not apply to the holder of the mineral development licence or mining lease until the holder has an associated water licence to take or interfere with associated water in the area of the licence or lease.\nFor the purposes of section 334ZP(8) and (9), an associated water licence is taken to be a water licence.\nThis section applies whether the mineral development licence or mining lease was granted before or after the commencement.\nIn this section—\nassociated water means underground water taken or interfered with in the circumstances mentioned in subsection (1)(b).\nassociated water licence see the Water Act, section 1250B.\nnotified coordinated project means a coordinated project under the State Development and Public Works Organisation Act 1971 for which—\nan environmental impact statement is required; and\nthe Coordinator-General has publicly notified under section 29 of that Act that an EIS is required for the project; and\neither—\nthe Coordinator-General has publicly notified under that section that comments on the draft terms of reference are invited; or\nif the Coordinator-General has not publicly notified that comments on the draft terms of reference are invited—the terms of reference are finalised under section 30 (3) of that Act.\ns 839 ins 2014 No. 64 s 11A (amd 2016 No. 61 s 31 )\n(sec.839-ssec.1) This section applies in relation to a mineral development licence or mining lease if, before the commencement— either— an environmental authority was granted in relation to the mineral development licence or mining lease; or an application for an environmental authority, or for an amendment of an environmental authority, in relation to the mineral development licence or mining lease was made but not decided; or if an environmental authority in relation to the mineral development licence or mining lease had not been granted or applied for—there is a notified coordinated project in relation to the licence or lease; and the entity who is or will be the holder of the mineral development licence or mining lease did not hold, but would have been required to hold, a water licence or water permit to take or interfere with underground water in the area of the licence or lease if the taking or interference were to have happened during the course of, or as a result of, the carrying out of authorised activities for the licence or lease.\n(sec.839-ssec.2) Section 334ZP does not apply to the holder of the mineral development licence or mining lease until the holder has an associated water licence to take or interfere with associated water in the area of the licence or lease.\n(sec.839-ssec.3) For the purposes of section 334ZP(8) and (9), an associated water licence is taken to be a water licence.\n(sec.839-ssec.4) This section applies whether the mineral development licence or mining lease was granted before or after the commencement.\n(sec.839-ssec.5) In this section— associated water means underground water taken or interfered with in the circumstances mentioned in subsection (1)(b). associated water licence see the Water Act, section 1250B. notified coordinated project means a coordinated project under the State Development and Public Works Organisation Act 1971 for which— an environmental impact statement is required; and the Coordinator-General has publicly notified under section 29 of that Act that an EIS is required for the project; and either— the Coordinator-General has publicly notified under that section that comments on the draft terms of reference are invited; or if the Coordinator-General has not publicly notified that comments on the draft terms of reference are invited—the terms of reference are finalised under section 30 (3) of that Act.\n- (a) either— (i) an environmental authority was granted in relation to the mineral development licence or mining lease; or (ii) an application for an environmental authority, or for an amendment of an environmental authority, in relation to the mineral development licence or mining lease was made but not decided; or (iii) if an environmental authority in relation to the mineral development licence or mining lease had not been granted or applied for—there is a notified coordinated project in relation to the licence or lease; and\n- (i) an environmental authority was granted in relation to the mineral development licence or mining lease; or\n- (ii) an application for an environmental authority, or for an amendment of an environmental authority, in relation to the mineral development licence or mining lease was made but not decided; or\n- (iii) if an environmental authority in relation to the mineral development licence or mining lease had not been granted or applied for—there is a notified coordinated project in relation to the licence or lease; and\n- (b) the entity who is or will be the holder of the mineral development licence or mining lease did not hold, but would have been required to hold, a water licence or water permit to take or interfere with underground water in the area of the licence or lease if the taking or interference were to have happened during the course of, or as a result of, the carrying out of authorised activities for the licence or lease.\n- (i) an environmental authority was granted in relation to the mineral development licence or mining lease; or\n- (ii) an application for an environmental authority, or for an amendment of an environmental authority, in relation to the mineral development licence or mining lease was made but not decided; or\n- (iii) if an environmental authority in relation to the mineral development licence or mining lease had not been granted or applied for—there is a notified coordinated project in relation to the licence or lease; and\n- (a) an environmental impact statement is required; and\n- (b) the Coordinator-General has publicly notified under section 29 of that Act that an EIS is required for the project; and\n- (c) either— (i) the Coordinator-General has publicly notified under that section that comments on the draft terms of reference are invited; or (ii) if the Coordinator-General has not publicly notified that comments on the draft terms of reference are invited—the terms of reference are finalised under section 30 (3) of that Act.\n- (i) the Coordinator-General has publicly notified under that section that comments on the draft terms of reference are invited; or\n- (ii) if the Coordinator-General has not publicly notified that comments on the draft terms of reference are invited—the terms of reference are finalised under section 30 (3) of that Act.\n- (i) the Coordinator-General has publicly notified under that section that comments on the draft terms of reference are invited; or\n- (ii) if the Coordinator-General has not publicly notified that comments on the draft terms of reference are invited—the terms of reference are finalised under section 30 (3) of that Act.","sortOrder":1071},{"sectionNumber":"ch.15-pt.13","sectionType":"part","heading":"Transitional provisions for Mineral, Water and Other Legislation Amendment Act 2018","content":"# Transitional provisions for Mineral, Water and Other Legislation Amendment Act 2018","sortOrder":1072},{"sectionNumber":"sec.840","sectionType":"section","heading":"Determining compensation for applications for grant or renewal of mining claims and mining leases made before commencement","content":"### sec.840 Determining compensation for applications for grant or renewal of mining claims and mining leases made before commencement\n\nThis section applies to an application for the grant or renewal of a mining claim or mining lease if—\nthe application was made before the commencement; and\nimmediately before the commencement—\nthe application had not been decided; and\ncompensation in relation to the grant or renewal of the mining claim or mining lease had not been determined as mentioned in section 85(1)(a) or 279(1)(a).\nThis Act, as in force immediately before the commencement, continues to apply in relation to determining compensation in relation to the grant or renewal of the mining claim or mining lease as if the Mineral, Water and Other Legislation Amendment Act 2018 had not been enacted.\ns 840 ins 2018 No. 24 s 161\n(sec.840-ssec.1) This section applies to an application for the grant or renewal of a mining claim or mining lease if— the application was made before the commencement; and immediately before the commencement— the application had not been decided; and compensation in relation to the grant or renewal of the mining claim or mining lease had not been determined as mentioned in section 85(1)(a) or 279(1)(a).\n(sec.840-ssec.2) This Act, as in force immediately before the commencement, continues to apply in relation to determining compensation in relation to the grant or renewal of the mining claim or mining lease as if the Mineral, Water and Other Legislation Amendment Act 2018 had not been enacted.\n- (a) the application was made before the commencement; and\n- (b) immediately before the commencement— (i) the application had not been decided; and (ii) compensation in relation to the grant or renewal of the mining claim or mining lease had not been determined as mentioned in section 85(1)(a) or 279(1)(a).\n- (i) the application had not been decided; and\n- (ii) compensation in relation to the grant or renewal of the mining claim or mining lease had not been determined as mentioned in section 85(1)(a) or 279(1)(a).\n- (i) the application had not been decided; and\n- (ii) compensation in relation to the grant or renewal of the mining claim or mining lease had not been determined as mentioned in section 85(1)(a) or 279(1)(a).","sortOrder":1073},{"sectionNumber":"sec.841","sectionType":"section","heading":"Continuing effect of consent to enter reserve","content":"### sec.841 Continuing effect of consent to enter reserve\n\nA written consent given by an owner of a reserve to a person under schedule 1, section 4 before the commencement continues in effect as if the Mineral, Water and Other Legislation Amendment Act 2018 had not been enacted.\ns 841 ins 2018 No. 24 s 161","sortOrder":1074},{"sectionNumber":"sec.842","sectionType":"section","heading":"Application of s 833 for particular mining leases","content":"### sec.842 Application of s 833 for particular mining leases\n\nSection 833—\napplies only to an application for a mining lease over non-exclusive land if, immediately before its omission, former schedule 1A, part 6 applied to the application; and\nis taken to have always applied only to an application mentioned in paragraph (a).\nThis section applies despite section 833.\nIn this section—\nformer schedule 1A, part 6 means schedule 1A, part 6 as in force immediately before its omission under the Common Provisions Act.\nnon-exclusive land see section 833(3).\ns 842 ins 2018 No. 24 s 161\n(sec.842-ssec.1) Section 833— applies only to an application for a mining lease over non-exclusive land if, immediately before its omission, former schedule 1A, part 6 applied to the application; and is taken to have always applied only to an application mentioned in paragraph (a).\n(sec.842-ssec.2) This section applies despite section 833.\n(sec.842-ssec.3) In this section— former schedule 1A, part 6 means schedule 1A, part 6 as in force immediately before its omission under the Common Provisions Act. non-exclusive land see section 833(3).\n- (a) applies only to an application for a mining lease over non-exclusive land if, immediately before its omission, former schedule 1A, part 6 applied to the application; and\n- (b) is taken to have always applied only to an application mentioned in paragraph (a).","sortOrder":1075},{"sectionNumber":"sec.843","sectionType":"section","heading":"Application of s 834 for particular mining tenements","content":"### sec.843 Application of s 834 for particular mining tenements\n\nSection 834—\napplies only to a mining tenement if, immediately before its omission, former schedule 1A, part 6 applied to the mining tenement; and\nis taken to have always applied only to a mining tenement mentioned in paragraph (a).\nThis section applies despite section 834.\nIn this section—\nformer schedule 1A means schedule 1A as in force immediately before its omission under the Common Provisions Act.\ns 843 ins 2018 No. 24 s 161\n(sec.843-ssec.1) Section 834— applies only to a mining tenement if, immediately before its omission, former schedule 1A, part 6 applied to the mining tenement; and is taken to have always applied only to a mining tenement mentioned in paragraph (a).\n(sec.843-ssec.2) This section applies despite section 834.\n(sec.843-ssec.3) In this section— former schedule 1A means schedule 1A as in force immediately before its omission under the Common Provisions Act.\n- (a) applies only to a mining tenement if, immediately before its omission, former schedule 1A, part 6 applied to the mining tenement; and\n- (b) is taken to have always applied only to a mining tenement mentioned in paragraph (a).","sortOrder":1076},{"sectionNumber":"ch.15-pt.14","sectionType":"part","heading":"Transitional provisions for Revenue Legislation Amendment Act 2018","content":"# Transitional provisions for Revenue Legislation Amendment Act 2018","sortOrder":1077},{"sectionNumber":"sec.844","sectionType":"section","heading":"Validity of assessments and reassessments of royalty made before 1 July 2014","content":"### sec.844 Validity of assessments and reassessments of royalty made before 1 July 2014\n\nThis section applies to an assessment or reassessment of royalty purportedly made under this Act as in force before 1 July 2014.\nThe assessment or reassessment is taken to have been validly made.\ns 844 ins 2018 No. 12 s 22\n(sec.844-ssec.1) This section applies to an assessment or reassessment of royalty purportedly made under this Act as in force before 1 July 2014.\n(sec.844-ssec.2) The assessment or reassessment is taken to have been validly made.","sortOrder":1078},{"sectionNumber":"sec.845","sectionType":"section","heading":"Gross value royalty decisions—periods occurring before 1 September 2013","content":"### sec.845 Gross value royalty decisions—periods occurring before 1 September 2013\n\nThis section applies in relation to minerals sold, disposed of or used before 1 September 2013.\nFor assessing or reassessing royalty payable for the minerals, the repealed regulation is taken to have provided that a gross value royalty decision, or an amended gross value royalty decision, may have applied—\nto a return period whether or not a person had lodged a royalty return for the period; and\nfor a period starting or ending before the decision was made or amended.\nSee, however, section 331B in relation to the circumstances in which a reassessment of royalty payable for the minerals may be made.\nFor subsection (2)—\nsection 43D(2) of the repealed regulation does not apply; and\nany of the following notices or applications may be given or made at any time—\na notice asking a holder to apply for a gross value royalty decision under section 43D of the repealed regulation;\na notice proposing to amend a gross value royalty decision under section 43I of the repealed regulation;\nan application to amend a gross value royalty decision under section 43J of the repealed regulation.\nSubsections (2) and (3) apply despite sections 43D(3), 43F(6), 43I(1)(a), 43J(2) and 43K(2) of the repealed regulation as in force from time to time before 1 September 2013.\nIn this section—\nrepealed regulation means the Mineral Resources Regulation 2003 .\ns 845 ins 2018 No. 12 s 22\n(sec.845-ssec.1) This section applies in relation to minerals sold, disposed of or used before 1 September 2013.\n(sec.845-ssec.2) For assessing or reassessing royalty payable for the minerals, the repealed regulation is taken to have provided that a gross value royalty decision, or an amended gross value royalty decision, may have applied— to a return period whether or not a person had lodged a royalty return for the period; and for a period starting or ending before the decision was made or amended. See, however, section 331B in relation to the circumstances in which a reassessment of royalty payable for the minerals may be made.\n(sec.845-ssec.3) For subsection (2)— section 43D(2) of the repealed regulation does not apply; and any of the following notices or applications may be given or made at any time— a notice asking a holder to apply for a gross value royalty decision under section 43D of the repealed regulation; a notice proposing to amend a gross value royalty decision under section 43I of the repealed regulation; an application to amend a gross value royalty decision under section 43J of the repealed regulation.\n(sec.845-ssec.4) Subsections (2) and (3) apply despite sections 43D(3), 43F(6), 43I(1)(a), 43J(2) and 43K(2) of the repealed regulation as in force from time to time before 1 September 2013.\n(sec.845-ssec.5) In this section— repealed regulation means the Mineral Resources Regulation 2003 .\n- (a) to a return period whether or not a person had lodged a royalty return for the period; and\n- (b) for a period starting or ending before the decision was made or amended.\n- (a) section 43D(2) of the repealed regulation does not apply; and\n- (b) any of the following notices or applications may be given or made at any time— (i) a notice asking a holder to apply for a gross value royalty decision under section 43D of the repealed regulation; (ii) a notice proposing to amend a gross value royalty decision under section 43I of the repealed regulation; (iii) an application to amend a gross value royalty decision under section 43J of the repealed regulation.\n- (i) a notice asking a holder to apply for a gross value royalty decision under section 43D of the repealed regulation;\n- (ii) a notice proposing to amend a gross value royalty decision under section 43I of the repealed regulation;\n- (iii) an application to amend a gross value royalty decision under section 43J of the repealed regulation.\n- (i) a notice asking a holder to apply for a gross value royalty decision under section 43D of the repealed regulation;\n- (ii) a notice proposing to amend a gross value royalty decision under section 43I of the repealed regulation;\n- (iii) an application to amend a gross value royalty decision under section 43J of the repealed regulation.","sortOrder":1079},{"sectionNumber":"ch.15-pt.15","sectionType":"part","heading":"Transitional provisions for Natural Resources and Other Legislation Amendment Act 2019","content":"# Transitional provisions for Natural Resources and Other Legislation Amendment Act 2019","sortOrder":1080},{"sectionNumber":"ch.15-pt.15-div.1","sectionType":"division","heading":"Provisions for amendments commencing on assent","content":"## Provisions for amendments commencing on assent","sortOrder":1081},{"sectionNumber":"sec.846","sectionType":"section","heading":"Power of Minister to refuse application for mining claim if compensation not determined","content":"### sec.846 Power of Minister to refuse application for mining claim if compensation not determined\n\nThis section applies in relation to an application for a mining claim made before the commencement but after 24 October 2018.\nSection 85A applies in relation to the application.\nFor subsection (2), it does not matter if a day mentioned in section 85A(1)(d) is before the commencement.\ns 846 ins 2019 No. 17 s 237\n(sec.846-ssec.1) This section applies in relation to an application for a mining claim made before the commencement but after 24 October 2018.\n(sec.846-ssec.2) Section 85A applies in relation to the application.\n(sec.846-ssec.3) For subsection (2), it does not matter if a day mentioned in section 85A(1)(d) is before the commencement.","sortOrder":1082},{"sectionNumber":"sec.847","sectionType":"section","heading":"Power of Minister to refuse application for mining lease if compensation not determined","content":"### sec.847 Power of Minister to refuse application for mining lease if compensation not determined\n\nThis section applies in relation to an application for a mining lease made before the commencement but after 24 October 2018.\nSection 279A applies in relation to the application.\nFor subsection (2), it does not matter if a day mentioned in section 279A(1)(d) is before the commencement.\ns 847 ins 2019 No. 17 s 237\n(sec.847-ssec.1) This section applies in relation to an application for a mining lease made before the commencement but after 24 October 2018.\n(sec.847-ssec.2) Section 279A applies in relation to the application.\n(sec.847-ssec.3) For subsection (2), it does not matter if a day mentioned in section 279A(1)(d) is before the commencement.","sortOrder":1083},{"sectionNumber":"sec.848","sectionType":"section","heading":"Chief executive’s power to refund application fee","content":"### sec.848 Chief executive’s power to refund application fee\n\nThis section applies in relation to an application for a resource authority made, but not decided, before the commencement.\nSection 386PA does not apply in relation to the application.\nThe Act as in force before the commencement continues to apply in relation to the refund of all or part of any fee paid for the application.\nIn this section—\nresource authority does not include a water monitoring authority.\ns 848 ins 2019 No. 17 s 237\n(sec.848-ssec.1) This section applies in relation to an application for a resource authority made, but not decided, before the commencement.\n(sec.848-ssec.2) Section 386PA does not apply in relation to the application.\n(sec.848-ssec.3) The Act as in force before the commencement continues to apply in relation to the refund of all or part of any fee paid for the application.\n(sec.848-ssec.4) In this section— resource authority does not include a water monitoring authority.","sortOrder":1084},{"sectionNumber":"ch.15-pt.15-div.2","sectionType":"division","heading":"Provisions for amendments commencing by proclamation","content":"## Provisions for amendments commencing by proclamation","sortOrder":1085},{"sectionNumber":"sec.849","sectionType":"section","heading":"Definitions for division","content":"### sec.849 Definitions for division\n\nIn this division—\nformer , for a provision, means as in force before the commencement.\nnew , for a provision, means as in force from the commencement.\ns 849 ins 2019 No. 17 s 273","sortOrder":1086},{"sectionNumber":"sec.850","sectionType":"section","heading":"Existing programs of work","content":"### sec.850 Existing programs of work\n\nThis section applies to a program of work for the current term of an exploration permit that is in effect on the commencement.\nThe program of work is taken to be a work program for the current term of the permit.\nHowever, former section 141(1)(a) continues to apply in relation to the program of work, as if new section 141(1)(a) had not commenced.\ns 850 ins 2019 No. 17 s 273\n(sec.850-ssec.1) This section applies to a program of work for the current term of an exploration permit that is in effect on the commencement.\n(sec.850-ssec.2) The program of work is taken to be a work program for the current term of the permit.\n(sec.850-ssec.3) However, former section 141(1)(a) continues to apply in relation to the program of work, as if new section 141(1)(a) had not commenced.","sortOrder":1087},{"sectionNumber":"sec.851","sectionType":"section","heading":"Existing applications for particular exploration permits","content":"### sec.851 Existing applications for particular exploration permits\n\nThis section applies to an application under former section 133 or 136R for an exploration permit made, but not decided, before the commencement.\nHowever, this section does not apply to the application if it was lodged on the same day as another application and the priority of the applications is required to be decided by the Minister under section 134A(2).\nIf the application does not include all of the information required under new section 130AA for a proposed work program for the term of the exploration permit, the applicant may, within 6 months after the commencement, give the chief executive the information not included.\nThe statement provided by the applicant under former section 133(f) or 136R(d), and any additional information provided by the applicant under subsection (3), is taken to be a proposed work program for the term of the permit, if granted, for new section 133(f) or 136R(d).\nNew section 137 applies in relation to the application whether or not the applicant provides information under subsection (3).\nTo remove any doubt, it is declared that, if the applicant does not provide information under subsection (3), the Minister must decide, under new section 137(3), whether to approve the statement provided by the applicant under former section 133(f) or 136R(d) as a work program.\ns 851 ins 2019 No. 17 s 273\n(sec.851-ssec.1) This section applies to an application under former section 133 or 136R for an exploration permit made, but not decided, before the commencement.\n(sec.851-ssec.2) However, this section does not apply to the application if it was lodged on the same day as another application and the priority of the applications is required to be decided by the Minister under section 134A(2).\n(sec.851-ssec.3) If the application does not include all of the information required under new section 130AA for a proposed work program for the term of the exploration permit, the applicant may, within 6 months after the commencement, give the chief executive the information not included.\n(sec.851-ssec.4) The statement provided by the applicant under former section 133(f) or 136R(d), and any additional information provided by the applicant under subsection (3), is taken to be a proposed work program for the term of the permit, if granted, for new section 133(f) or 136R(d).\n(sec.851-ssec.5) New section 137 applies in relation to the application whether or not the applicant provides information under subsection (3).\n(sec.851-ssec.6) To remove any doubt, it is declared that, if the applicant does not provide information under subsection (3), the Minister must decide, under new section 137(3), whether to approve the statement provided by the applicant under former section 133(f) or 136R(d) as a work program.","sortOrder":1088},{"sectionNumber":"sec.852","sectionType":"section","heading":"Existing tenders for particular exploration permits","content":"### sec.852 Existing tenders for particular exploration permits\n\nThis section applies to a tender under former section 136E for an exploration permit for coal made, but not decided, before the commencement.\nFormer section 137 continues to apply in relation to the tender, as if new section 137 had not commenced.\ns 852 ins 2019 No. 17 s 273\n(sec.852-ssec.1) This section applies to a tender under former section 136E for an exploration permit for coal made, but not decided, before the commencement.\n(sec.852-ssec.2) Former section 137 continues to apply in relation to the tender, as if new section 137 had not commenced.","sortOrder":1089},{"sectionNumber":"sec.853","sectionType":"section","heading":"Existing applications to vary conditions of exploration permit","content":"### sec.853 Existing applications to vary conditions of exploration permit\n\nThis section applies to an application under former section 141C for a variation of the conditions of an exploration permit made, but not decided, before the commencement.\nFormer section 141C continues to apply in relation to the application, as if new section 141C had not commenced.\nHowever, if the application is related to a reduction in the area of the permit, the application is taken to be withdrawn and section 857 applies in relation to the permit.\ns 853 ins 2019 No. 17 s 273\n(sec.853-ssec.1) This section applies to an application under former section 141C for a variation of the conditions of an exploration permit made, but not decided, before the commencement.\n(sec.853-ssec.2) Former section 141C continues to apply in relation to the application, as if new section 141C had not commenced.\n(sec.853-ssec.3) However, if the application is related to a reduction in the area of the permit, the application is taken to be withdrawn and section 857 applies in relation to the permit.","sortOrder":1090},{"sectionNumber":"sec.854","sectionType":"section","heading":"Existing applications for renewal of exploration permit","content":"### sec.854 Existing applications for renewal of exploration permit\n\nThis section applies to an application under former section 147 for renewal of an exploration permit made, but not decided, before the commencement.\nIf the application does not include all of the information required under new section 130AA for a proposed work program for the term of the exploration permit, if renewed, the applicant may, within 3 months after the commencement, give the chief executive the information not included.\nThe statement provided by the applicant under former section 147(2)(c), and any additional information provided by the applicant under subsection (2), is taken to be a proposed work program for the term of the permit, if renewed.\nNew section 147A applies in relation to the application whether or not the applicant provides information under subsection (2).\nTo remove any doubt, it is declared that, if the applicant does not provide information under subsection (2), the Minister must decide whether to approve the statement provided by the applicant under former section 147(2)(c) as a work program for the term of the permit, if renewed.\ns 854 ins 2019 No. 17 s 273\n(sec.854-ssec.1) This section applies to an application under former section 147 for renewal of an exploration permit made, but not decided, before the commencement.\n(sec.854-ssec.2) If the application does not include all of the information required under new section 130AA for a proposed work program for the term of the exploration permit, if renewed, the applicant may, within 3 months after the commencement, give the chief executive the information not included.\n(sec.854-ssec.3) The statement provided by the applicant under former section 147(2)(c), and any additional information provided by the applicant under subsection (2), is taken to be a proposed work program for the term of the permit, if renewed.\n(sec.854-ssec.4) New section 147A applies in relation to the application whether or not the applicant provides information under subsection (2).\n(sec.854-ssec.5) To remove any doubt, it is declared that, if the applicant does not provide information under subsection (2), the Minister must decide whether to approve the statement provided by the applicant under former section 147(2)(c) as a work program for the term of the permit, if renewed.","sortOrder":1091},{"sectionNumber":"sec.855","sectionType":"section","heading":"Limitation on applications to vary conditions of exploration permit","content":"### sec.855 Limitation on applications to vary conditions of exploration permit\n\nThis section applies to an exploration permit in force on the commencement.\nFormer section 141C continues to apply in relation to an application for a variation of the conditions of the exploration permit made during the current term of the permit, as if new section 141C had not commenced.\nNew section 141C applies in relation to an application for a variation of the conditions of the exploration permit made after the end of the current term of the permit.\nHowever—\nif an application mentioned in subsection (2), made before the commencement, is related to a reduction in the area of the permit, the application is taken to be withdrawn and section 857 applies in relation to the permit; and\nif an application mentioned in subsection (2) or (3), made after the commencement, is related to a reduction in the area of the permit, the application is invalid and section 857 applies in relation to the permit.\nIn this section—\ncurrent term , of an exploration permit, means the term—\nstarting before the commencement; and\nending when the permit is first renewed after the commencement.\ns 855 ins 2019 No. 17 s 273\n(sec.855-ssec.1) This section applies to an exploration permit in force on the commencement.\n(sec.855-ssec.2) Former section 141C continues to apply in relation to an application for a variation of the conditions of the exploration permit made during the current term of the permit, as if new section 141C had not commenced.\n(sec.855-ssec.3) New section 141C applies in relation to an application for a variation of the conditions of the exploration permit made after the end of the current term of the permit.\n(sec.855-ssec.3A) However— if an application mentioned in subsection (2), made before the commencement, is related to a reduction in the area of the permit, the application is taken to be withdrawn and section 857 applies in relation to the permit; and if an application mentioned in subsection (2) or (3), made after the commencement, is related to a reduction in the area of the permit, the application is invalid and section 857 applies in relation to the permit.\n(sec.855-ssec.4) In this section— current term , of an exploration permit, means the term— starting before the commencement; and ending when the permit is first renewed after the commencement.\n- (a) if an application mentioned in subsection (2), made before the commencement, is related to a reduction in the area of the permit, the application is taken to be withdrawn and section 857 applies in relation to the permit; and\n- (b) if an application mentioned in subsection (2) or (3), made after the commencement, is related to a reduction in the area of the permit, the application is invalid and section 857 applies in relation to the permit.\n- (a) starting before the commencement; and\n- (b) ending when the permit is first renewed after the commencement.","sortOrder":1092},{"sectionNumber":"sec.856","sectionType":"section","heading":"Restrictions on renewal of exploration permit","content":"### sec.856 Restrictions on renewal of exploration permit\n\nThis section applies to an exploration permit in force on the commencement.\nThe total of all renewed terms of the permit, granted in relation to applications for renewal made after the commencement, must not be more than 10 years.\nNew section 147A(3) does not apply in relation to the permit.\ns 856 ins 2019 No. 17 s 273\n(sec.856-ssec.1) This section applies to an exploration permit in force on the commencement.\n(sec.856-ssec.2) The total of all renewed terms of the permit, granted in relation to applications for renewal made after the commencement, must not be more than 10 years.\n(sec.856-ssec.3) New section 147A(3) does not apply in relation to the permit.","sortOrder":1093},{"sectionNumber":"sec.857","sectionType":"section","heading":"Relinquishment requirements for existing exploration permits","content":"### sec.857 Relinquishment requirements for existing exploration permits\n\nThis section applies to an exploration permit in force on the commencement.\nDespite new section 139(1), if the permit is renewed after the commencement, the area of the permit is required to be reduced only by 50% of the area of the permit, as existing on the commencement, by the day that is 5 years after the permit is first renewed after the commencement.\nDespite new section 139(1) and subsection (2), if the permit is an exploration permit for coal to which the Common Provisions Act, section 232(1) applies, and no agreement has been made in relation to the permit under section 232 (2) of that Act, the area of the permit is not required to be reduced by any amount.\nSubsections (2) and (3) apply despite any condition about reducing the area of the permit determined by the Minister under section 141(1)(j) before the commencement.\nNew sections 139 and 139A apply in relation to a reduction in the area of the permit under subsection (2) as if it were a reduction under new section 139(1).\nFor subsection (5), a reference in new sections 139 and 139A to section 139(1) is taken to be a reference to subsection (2).\ns 857 ins 2019 No. 17 s 273\n(sec.857-ssec.1) This section applies to an exploration permit in force on the commencement.\n(sec.857-ssec.2) Despite new section 139(1), if the permit is renewed after the commencement, the area of the permit is required to be reduced only by 50% of the area of the permit, as existing on the commencement, by the day that is 5 years after the permit is first renewed after the commencement.\n(sec.857-ssec.3) Despite new section 139(1) and subsection (2), if the permit is an exploration permit for coal to which the Common Provisions Act, section 232(1) applies, and no agreement has been made in relation to the permit under section 232 (2) of that Act, the area of the permit is not required to be reduced by any amount.\n(sec.857-ssec.4) Subsections (2) and (3) apply despite any condition about reducing the area of the permit determined by the Minister under section 141(1)(j) before the commencement.\n(sec.857-ssec.5) New sections 139 and 139A apply in relation to a reduction in the area of the permit under subsection (2) as if it were a reduction under new section 139(1).\n(sec.857-ssec.6) For subsection (5), a reference in new sections 139 and 139A to section 139(1) is taken to be a reference to subsection (2).","sortOrder":1094},{"sectionNumber":"sec.861","sectionType":"section","heading":"Power to direct reduction of area of exploration permit of more or less than prescribed area","content":"### sec.861 Power to direct reduction of area of exploration permit of more or less than prescribed area\n\nThe power under new section 139(4) to direct the holder of an exploration permit to reduce the area of the exploration permit by more or less than the area prescribed by new section 139(1) applies to an exploration permit whether it was granted before or after the commencement.\ns 861 ins 2019 No. 17 s 273","sortOrder":1095},{"sectionNumber":"sec.862","sectionType":"section","heading":"Application for extension of last renewed term of exploration permit","content":"### sec.862 Application for extension of last renewed term of exploration permit\n\nThe holder of an exploration permit may apply under new section 147CA for an extension of the last renewed term of the permit even if the exploration permit was granted before the commencement.\ns 862 ins 2019 No. 17 s 273","sortOrder":1096},{"sectionNumber":"sec.863","sectionType":"section","heading":"Power to impose, remove or vary condition of exploration permit","content":"### sec.863 Power to impose, remove or vary condition of exploration permit\n\nThe power under new section 141A to impose a condition on, or vary or remove a condition of, an exploration permit applies to an exploration permit whether it was granted before or after the commencement.\ns 863 ins 2019 No. 17 s 273","sortOrder":1097},{"sectionNumber":"sec.864","sectionType":"section","heading":"Continuation of exploration permit if application for other tenure","content":"### sec.864 Continuation of exploration permit if application for other tenure\n\nThis section applies to an exploration permit in force on the commencement.\nA reference in new section 148 to the final term of the exploration permit is taken to be a reference to the last renewed term of the permit permitted under section 856.\ns 864 ins 2019 No. 17 s 273\n(sec.864-ssec.1) This section applies to an exploration permit in force on the commencement.\n(sec.864-ssec.2) A reference in new section 148 to the final term of the exploration permit is taken to be a reference to the last renewed term of the permit permitted under section 856.","sortOrder":1098},{"sectionNumber":"ch.15-pt.16","sectionType":"part","heading":"Declaratory and validating provisions relating to regulations","content":"# Declaratory and validating provisions relating to regulations","sortOrder":1099},{"sectionNumber":"sec.865","sectionType":"section","heading":"Declaration about Mineral Resources Regulation 2003","content":"### sec.865 Declaration about Mineral Resources Regulation 2003\n\nThe repealed Mineral Resources Regulation 2003 , as in force from time to time before its repeal, is taken to have had effect for the declaration period as if it were amended as provided in this section.\nSchedule 4, part 2, section 2, after ‘royalty rate for bauxite’—\ninsert—\nsold, disposed of or used in a return period by the holder of the mining lease for the bauxite\nSchedule 4, part 2, section 2(a), from ‘if it is sold’ to ‘for the bauxite’—\nomit, insert—\nif the bauxite is mined for consumption outside the State\nSchedule 4, part 2, section 2(b), from ‘if it is sold’ to ‘for the bauxite’—\nomit, insert—\nif the bauxite is mined for consumption within the State\nSchedule 4, part 2, section 2(b)(i), from ‘for a holder’ to ‘outside the State’—\nomit, insert—\nfor a holder who has also sold, disposed of or used bauxite in the return period that is mined for consumption outside the State\nIn this section—\ndeclaration period means the period from the commencement of the Mines and Energy Legislation Amendment Regulation (No. 2) 2008 until the commencement of the Mineral Resources Regulation 2003 .\ns 865 ins 2019 No. 8 s 60B\n(sec.865-ssec.1) The repealed Mineral Resources Regulation 2003 , as in force from time to time before its repeal, is taken to have had effect for the declaration period as if it were amended as provided in this section.\n(sec.865-ssec.2) Schedule 4, part 2, section 2, after ‘royalty rate for bauxite’— insert— sold, disposed of or used in a return period by the holder of the mining lease for the bauxite\n(sec.865-ssec.3) Schedule 4, part 2, section 2(a), from ‘if it is sold’ to ‘for the bauxite’— omit, insert— if the bauxite is mined for consumption outside the State\n(sec.865-ssec.4) Schedule 4, part 2, section 2(b), from ‘if it is sold’ to ‘for the bauxite’— omit, insert— if the bauxite is mined for consumption within the State\n(sec.865-ssec.5) Schedule 4, part 2, section 2(b)(i), from ‘for a holder’ to ‘outside the State’— omit, insert— for a holder who has also sold, disposed of or used bauxite in the return period that is mined for consumption outside the State\n(sec.865-ssec.6) In this section— declaration period means the period from the commencement of the Mines and Energy Legislation Amendment Regulation (No. 2) 2008 until the commencement of the Mineral Resources Regulation 2003 .","sortOrder":1100},{"sectionNumber":"sec.866","sectionType":"section","heading":"Declaration about Mineral Resources Regulation 2003","content":"### sec.866 Declaration about Mineral Resources Regulation 2003\n\nThe Mineral Resources Regulation 2003 is taken to have had effect for the declaration period as if it were amended as provided in this section.\nSchedule 3, section 4, after ‘royalty rate for bauxite’—\ninsert—\nsold, disposed of or used in a return period by the holder\nSchedule 3, section 4(a), from ‘if it is sold’ to ‘for the bauxite’—\nomit, insert—\nif the bauxite is mined for consumption outside the State\nSchedule 3, section 4(b), from ‘if it is sold’ to ‘for the bauxite’—\nomit, insert—\nif the bauxite is mined for consumption within the State\nSchedule 3, section 4(b)(i), from ‘for a holder’ to ‘outside the State’—\nomit, insert—\nfor a holder who has also sold, disposed of or used bauxite in the return period that is mined for consumption outside the State\nIn this section—\ndeclaration period means the period from the commencement of the Mineral Resources Regulation 2013 until the commencement of the Nature Conservation (Special Wildlife Reserves) and Other Legislation Amendment Act 2019 , part 10A .\ns 866 ins 2019 No. 8 s 60B\n(sec.866-ssec.1) The Mineral Resources Regulation 2003 is taken to have had effect for the declaration period as if it were amended as provided in this section.\n(sec.866-ssec.2) Schedule 3, section 4, after ‘royalty rate for bauxite’— insert— sold, disposed of or used in a return period by the holder\n(sec.866-ssec.3) Schedule 3, section 4(a), from ‘if it is sold’ to ‘for the bauxite’— omit, insert— if the bauxite is mined for consumption outside the State\n(sec.866-ssec.4) Schedule 3, section 4(b), from ‘if it is sold’ to ‘for the bauxite’— omit, insert— if the bauxite is mined for consumption within the State\n(sec.866-ssec.5) Schedule 3, section 4(b)(i), from ‘for a holder’ to ‘outside the State’— omit, insert— for a holder who has also sold, disposed of or used bauxite in the return period that is mined for consumption outside the State\n(sec.866-ssec.6) In this section— declaration period means the period from the commencement of the Mineral Resources Regulation 2013 until the commencement of the Nature Conservation (Special Wildlife Reserves) and Other Legislation Amendment Act 2019 , part 10A .","sortOrder":1101},{"sectionNumber":"sec.867","sectionType":"section","heading":"Application of ss 865 and 866 for all purposes and validation of relevant acts","content":"### sec.867 Application of ss 865 and 866 for all purposes and validation of relevant acts\n\nSections 865 and 866 apply for all purposes, including for the purpose of any of the following that has been done, or is done, under this Act—\nmaking an assessment;\nlodging a royalty return;\npaying a royalty-related amount;\nmaking a requirement to make a payment, keep a record, give a royalty estimate or do anything else relating to a royalty.\nA person’s liability to pay a royalty-related amount and all other rights and liabilities are declared to be, and to have been since the commencement of the Mines and Energy Legislation Amendment Regulation (No. 2) 2008 , for all purposes the same as if the regulations mentioned in sections 865 and 866 had been amended as provided in those sections.\ns 867 ins 2019 No. 8 s 60B\n(sec.867-ssec.1) Sections 865 and 866 apply for all purposes, including for the purpose of any of the following that has been done, or is done, under this Act— making an assessment; lodging a royalty return; paying a royalty-related amount; making a requirement to make a payment, keep a record, give a royalty estimate or do anything else relating to a royalty.\n(sec.867-ssec.2) A person’s liability to pay a royalty-related amount and all other rights and liabilities are declared to be, and to have been since the commencement of the Mines and Energy Legislation Amendment Regulation (No. 2) 2008 , for all purposes the same as if the regulations mentioned in sections 865 and 866 had been amended as provided in those sections.\n- (a) making an assessment;\n- (b) lodging a royalty return;\n- (c) paying a royalty-related amount;\n- (d) making a requirement to make a payment, keep a record, give a royalty estimate or do anything else relating to a royalty.","sortOrder":1102},{"sectionNumber":"sec.868","sectionType":"section","heading":"Application to all legal proceedings","content":"### sec.868 Application to all legal proceedings\n\nThis part applies for the purpose of any legal proceeding, including a proceeding started before the commencement of this part.\ns 868 ins 2019 No. 8 s 60B","sortOrder":1103},{"sectionNumber":"ch.15-pt.17","sectionType":"part","heading":"Validation provision for Revenue and Other Legislation Amendment Act 2019","content":"# Validation provision for Revenue and Other Legislation Amendment Act 2019","sortOrder":1104},{"sectionNumber":"sec.869","sectionType":"section","heading":"Giving of documents by Minister under royalty provisions before commencement","content":"### sec.869 Giving of documents by Minister under royalty provisions before commencement\n\nA document purportedly given to a person by the Minister under a royalty provision before the commencement is taken to have been validly given, whether or not a requirement about the giving of the document under this Act as in force before the commencement was complied with.\ns 869 ins 2019 No. 20 s 25","sortOrder":1105},{"sectionNumber":"ch.15-pt.18","sectionType":"part","heading":"Transitional provision for Justice and Other Legislation Amendment Act 2020","content":"# Transitional provision for Justice and Other Legislation Amendment Act 2020","sortOrder":1106},{"sectionNumber":"sec.870","sectionType":"section","heading":"Particular existing applications","content":"### sec.870 Particular existing applications\n\nFormer section 78 continues to apply in relation to an application made under section 61 for the grant of a mining claim that was referred to the Land Court under chapter 3, but not decided, before the commencement.\nFormer section 268 continues to apply in relation to an application made under section 245 for the grant of a mining lease that was referred to the Land Court under chapter 6, part 1, but not decided, before the commencement.\nIn this section—\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement.\ns 870 ins 2020 No. 15 s 154\n(sec.870-ssec.1) Former section 78 continues to apply in relation to an application made under section 61 for the grant of a mining claim that was referred to the Land Court under chapter 3, but not decided, before the commencement.\n(sec.870-ssec.2) Former section 268 continues to apply in relation to an application made under section 245 for the grant of a mining lease that was referred to the Land Court under chapter 6, part 1, but not decided, before the commencement.\n(sec.870-ssec.3) In this section— former , for a provision of this Act, means the provision as in force from time to time before the commencement.","sortOrder":1107},{"sectionNumber":"ch.15-pt.18A","sectionType":"part","heading":null,"content":"","sortOrder":1108},{"sectionNumber":"ch.15-pt.18A-div.1","sectionType":"division","heading":null,"content":"","sortOrder":1109},{"sectionNumber":"ch.15-pt.18A-div.2","sectionType":"division","heading":null,"content":"","sortOrder":1110},{"sectionNumber":"ch.15-pt.18A-div.3","sectionType":"division","heading":null,"content":"","sortOrder":1111},{"sectionNumber":"ch.15-pt.18A-div.4","sectionType":"division","heading":null,"content":"","sortOrder":1112},{"sectionNumber":"ch.15-pt.19","sectionType":"part","heading":"Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2020","content":"# Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2020","sortOrder":1113},{"sectionNumber":"sec.871","sectionType":"section","heading":"Power of Minister to refuse application for mining claim if compensation not determined","content":"### sec.871 Power of Minister to refuse application for mining claim if compensation not determined\n\nSection 85A(1)(d)(ii), as in force after the commencement, does not apply in relation to an application for the grant of a mining claim made, but not decided, before the commencement.\ns 871 ins 2020 No. 14 s 151","sortOrder":1114},{"sectionNumber":"sec.872","sectionType":"section","heading":"Application or tender for exploration permit made before commencement","content":"### sec.872 Application or tender for exploration permit made before commencement\n\nThis section applies if—\nbefore the commencement, a person made an application under chapter 4, part 2, or a tender under chapter 4, part 3, for an exploration permit; and\nimmediately before the commencement, the exploration permit had not been granted.\nSection 137 as in force immediately before the commencement applies in relation to the grant of the permit.\ns 872 ins 2020 No. 14 s 151\n(sec.872-ssec.1) This section applies if— before the commencement, a person made an application under chapter 4, part 2, or a tender under chapter 4, part 3, for an exploration permit; and immediately before the commencement, the exploration permit had not been granted.\n(sec.872-ssec.2) Section 137 as in force immediately before the commencement applies in relation to the grant of the permit.\n- (a) before the commencement, a person made an application under chapter 4, part 2, or a tender under chapter 4, part 3, for an exploration permit; and\n- (b) immediately before the commencement, the exploration permit had not been granted.","sortOrder":1115},{"sectionNumber":"sec.873","sectionType":"section","heading":"Power to impose or amend condition if changed holder of particular resource authorities","content":"### sec.873 Power to impose or amend condition if changed holder of particular resource authorities\n\nThe power of the Minister to impose another condition on, or amend a condition of, a resource authority under section 141BA, 194ABA or 276C applies—\nwhether the authority was granted before or after the commencement; and\nonly if the change mentioned in section 141BA(1), 194ABA(1) or 276C(1) happens after the commencement.\ns 873 ins 2020 No. 14 s 151\n- (a) whether the authority was granted before or after the commencement; and\n- (b) only if the change mentioned in section 141BA(1), 194ABA(1) or 276C(1) happens after the commencement.","sortOrder":1116},{"sectionNumber":"sec.874","sectionType":"section","heading":"Application for later specific purpose mining lease or transportation mining lease made before commencement","content":"### sec.874 Application for later specific purpose mining lease or transportation mining lease made before commencement\n\nSection 271AB applies to an application for a later mining lease mentioned in section 271AB(1)(a) whether the application was made before or after the commencement.\ns 874 ins 2020 No. 14 s 151","sortOrder":1117},{"sectionNumber":"sec.875","sectionType":"section","heading":"Provision of security for particular mining leases","content":"### sec.875 Provision of security for particular mining leases\n\nSection 277, as in force before the commencement, continues to apply for the holder of a mining lease as if the Mineral and Energy Resources and Other Legislation Amendment Act 2020 had not been enacted if, immediately before the commencement, the holder had not deposited an amount of security the holder is required to deposit under that section.\ns 875 ins 2020 No. 14 s 151","sortOrder":1118},{"sectionNumber":"sec.876","sectionType":"section","heading":"Provision of security for existing applications for grant or renewal of mining lease","content":"### sec.876 Provision of security for existing applications for grant or renewal of mining lease\n\nSection 277, as in force after the commencement, applies in relation to an application for the grant or renewal of a mining lease made, but not decided, before the commencement.\ns 876 ins 2020 No. 14 s 151","sortOrder":1119},{"sectionNumber":"sec.877","sectionType":"section","heading":"Power of Minister to refuse application for mining lease if compensation not determined","content":"### sec.877 Power of Minister to refuse application for mining lease if compensation not determined\n\nSection 279A(1)(d)(ii), as in force after the commencement, does not apply in relation to an application for the grant of a mining lease made, but not decided, before the commencement.\ns 877 ins 2020 No. 14 s 151","sortOrder":1120},{"sectionNumber":"sec.878","sectionType":"section","heading":"Existing applications for grant or renewal of mining lease for prescribed mineral","content":"### sec.878 Existing applications for grant or renewal of mining lease for prescribed mineral\n\nThis section applies in relation to an application for the grant of a mining lease for a prescribed mineral that—\nwas made, but not decided, before the commencement; and\non the commencement, is an application to which section 246 applies.\nThis section also applies in relation to an application for the renewal of a mining lease for a prescribed mineral that—\nwas made, but not decided, before the commencement; and\non the commencement, is an application to which section 286AA applies.\nChapter 6, part 1, as in force before the commencement, applies for deciding the application and granting the proposed mining lease, or renewed lease, as if the Mineral and Energy Resources and Other Legislation Amendment Act 2020 had not been enacted.\ns 878 ins 2020 No. 14 s 151\n(sec.878-ssec.1) This section applies in relation to an application for the grant of a mining lease for a prescribed mineral that— was made, but not decided, before the commencement; and on the commencement, is an application to which section 246 applies.\n(sec.878-ssec.2) This section also applies in relation to an application for the renewal of a mining lease for a prescribed mineral that— was made, but not decided, before the commencement; and on the commencement, is an application to which section 286AA applies.\n(sec.878-ssec.3) Chapter 6, part 1, as in force before the commencement, applies for deciding the application and granting the proposed mining lease, or renewed lease, as if the Mineral and Energy Resources and Other Legislation Amendment Act 2020 had not been enacted.\n- (a) was made, but not decided, before the commencement; and\n- (b) on the commencement, is an application to which section 246 applies.\n- (a) was made, but not decided, before the commencement; and\n- (b) on the commencement, is an application to which section 286AA applies.","sortOrder":1121},{"sectionNumber":"sec.879","sectionType":"section","heading":"Application of amended Act to particular mining leases for prescribed minerals","content":"### sec.879 Application of amended Act to particular mining leases for prescribed minerals\n\nThis section applies to a mining lease for a prescribed mineral that—\non the commencement, is a prescribed mineral mining lease (a transitioning mining lease ); or\nis a prescribed mineral mining lease granted or renewed before the transitional period ends on an application mentioned in section 878 (also a transitioning mining lease ).\nSections 317F and 317G do not apply to the transitioning mining lease until the earlier of the following—\nan initial development plan for the lease is approved;\nthe lease is renewed under section 286A on an application for renewal made after the commencement;\nthe transitional period ends.\nIf subsection (2)(c) applies in relation to the transitioning mining lease, the condition in section 317F is complied with for the lease if a proposed initial development plan for the lease—\nis lodged; and\ncomplies with the initial development plan requirements for a mining lease for a prescribed mineral; and\nis accompanied by the relevant fee.\nSubsection (3) applies until—\nthe proposed initial development plan mentioned in that subsection is approved; or\na decision to refuse to approve the proposed plan, made after the end of the transitional period, takes effect under section 317V.\nIn this section—\nrelevant fee , for the lodgement of the proposed initial development plan, means—\nif the proposed plan is lodged within 6 months before the end of the transitional period—the fee prescribed by regulation for section 317H(3), definition relevant fee , paragraph (a)(i); or\nif, before the end of the transitional period, a decision to refuse to approve a proposed initial development plan is made and the proposed plan is another proposed initial development plan lodged within the transitional period—nil; or\notherwise—an amount that is 10 times the fee mentioned in paragraph (a).\ntransitional period means the period of 3 years that starts on the commencement.\ns 879 ins 2020 No. 14 s 151\n(sec.879-ssec.1) This section applies to a mining lease for a prescribed mineral that— on the commencement, is a prescribed mineral mining lease (a transitioning mining lease ); or is a prescribed mineral mining lease granted or renewed before the transitional period ends on an application mentioned in section 878 (also a transitioning mining lease ).\n(sec.879-ssec.2) Sections 317F and 317G do not apply to the transitioning mining lease until the earlier of the following— an initial development plan for the lease is approved; the lease is renewed under section 286A on an application for renewal made after the commencement; the transitional period ends.\n(sec.879-ssec.3) If subsection (2)(c) applies in relation to the transitioning mining lease, the condition in section 317F is complied with for the lease if a proposed initial development plan for the lease— is lodged; and complies with the initial development plan requirements for a mining lease for a prescribed mineral; and is accompanied by the relevant fee.\n(sec.879-ssec.4) Subsection (3) applies until— the proposed initial development plan mentioned in that subsection is approved; or a decision to refuse to approve the proposed plan, made after the end of the transitional period, takes effect under section 317V.\n(sec.879-ssec.5) In this section— relevant fee , for the lodgement of the proposed initial development plan, means— if the proposed plan is lodged within 6 months before the end of the transitional period—the fee prescribed by regulation for section 317H(3), definition relevant fee , paragraph (a)(i); or if, before the end of the transitional period, a decision to refuse to approve a proposed initial development plan is made and the proposed plan is another proposed initial development plan lodged within the transitional period—nil; or otherwise—an amount that is 10 times the fee mentioned in paragraph (a). transitional period means the period of 3 years that starts on the commencement.\n- (a) on the commencement, is a prescribed mineral mining lease (a transitioning mining lease ); or\n- (b) is a prescribed mineral mining lease granted or renewed before the transitional period ends on an application mentioned in section 878 (also a transitioning mining lease ).\n- (a) an initial development plan for the lease is approved;\n- (b) the lease is renewed under section 286A on an application for renewal made after the commencement;\n- (c) the transitional period ends.\n- (a) is lodged; and\n- (b) complies with the initial development plan requirements for a mining lease for a prescribed mineral; and\n- (c) is accompanied by the relevant fee.\n- (a) the proposed initial development plan mentioned in that subsection is approved; or\n- (b) a decision to refuse to approve the proposed plan, made after the end of the transitional period, takes effect under section 317V.\n- (a) if the proposed plan is lodged within 6 months before the end of the transitional period—the fee prescribed by regulation for section 317H(3), definition relevant fee , paragraph (a)(i); or\n- (b) if, before the end of the transitional period, a decision to refuse to approve a proposed initial development plan is made and the proposed plan is another proposed initial development plan lodged within the transitional period—nil; or\n- (c) otherwise—an amount that is 10 times the fee mentioned in paragraph (a).","sortOrder":1122},{"sectionNumber":"sec.880","sectionType":"section","heading":"Mining lease granted or renewed after transitional period on existing application","content":"### sec.880 Mining lease granted or renewed after transitional period on existing application\n\nThis section applies if, after the end of the transitional period, a mining lease is granted or renewed on an application to which section 878 applies.\nThe mining lease is taken to—\nbe a prescribed mineral mining lease under section 317C(1)(b); and\nhave started to be a prescribed mineral mining lease under section 317C(2), when it is granted or renewed.\nIn this section—\ntransitional period means the period of 3 years that starts on the commencement.\ns 880 ins 2020 No. 14 s 151\n(sec.880-ssec.1) This section applies if, after the end of the transitional period, a mining lease is granted or renewed on an application to which section 878 applies.\n(sec.880-ssec.2) The mining lease is taken to— be a prescribed mineral mining lease under section 317C(1)(b); and have started to be a prescribed mineral mining lease under section 317C(2), when it is granted or renewed.\n(sec.880-ssec.3) In this section— transitional period means the period of 3 years that starts on the commencement.\n- (a) be a prescribed mineral mining lease under section 317C(1)(b); and\n- (b) have started to be a prescribed mineral mining lease under section 317C(2), when it is granted or renewed.","sortOrder":1123},{"sectionNumber":"sec.881","sectionType":"section","heading":"Application for renewal of transitioning mining lease during transitional period","content":"### sec.881 Application for renewal of transitioning mining lease during transitional period\n\nThis section applies—\nif, during the transitional period, the holder of a transitioning mining lease under section 879 applies for a renewal of the lease under section 286; and\ndespite sections 286AA and 286A(3A) as in force after the commencement.\nThe application must include a proposed initial development plan that complies with the initial development plan requirements for the renewed lease.\nSee section 317K for the initial development plan requirements.\nThe Minister may grant the application only if the applicant’s proposed initial development plan for the renewed lease is approved.\nIn this section—\ntransitional period means the period of 3 years that starts on the commencement.\ns 881 ins 2020 No. 14 s 151\n(sec.881-ssec.1) This section applies— if, during the transitional period, the holder of a transitioning mining lease under section 879 applies for a renewal of the lease under section 286; and despite sections 286AA and 286A(3A) as in force after the commencement.\n(sec.881-ssec.2) The application must include a proposed initial development plan that complies with the initial development plan requirements for the renewed lease. See section 317K for the initial development plan requirements.\n(sec.881-ssec.3) The Minister may grant the application only if the applicant’s proposed initial development plan for the renewed lease is approved.\n(sec.881-ssec.4) In this section— transitional period means the period of 3 years that starts on the commencement.\n- (a) if, during the transitional period, the holder of a transitioning mining lease under section 879 applies for a renewal of the lease under section 286; and\n- (b) despite sections 286AA and 286A(3A) as in force after the commencement.","sortOrder":1124},{"sectionNumber":"sec.882","sectionType":"section","heading":"Application of ch 6, pt 1A, div 3 to proposed initial development plan for transitioning mining lease","content":"### sec.882 Application of ch 6, pt 1A, div 3 to proposed initial development plan for transitioning mining lease\n\nThe Minister must decide whether to approve a proposed initial development plan for a transitioning mining lease and, for that purpose, chapter 6, part 1A, division 3 applies in relation to the proposed plan with necessary changes.\ns 882 ins 2020 No. 14 s 151","sortOrder":1125},{"sectionNumber":"sec.883","sectionType":"section","heading":"Conferences with eligible claimants or owners or occupiers started before commencement","content":"### sec.883 Conferences with eligible claimants or owners or occupiers started before commencement\n\nThis section applies if—\nan authorised officer asked parties to attend a conference under section 335G as in force before the commencement; and\nimmediately before the commencement the conference had not taken place.\nThe conference must take place under chapter 13, part 2 as in force immediately before the commencement.\nThe Common Provisions Act, chapter 3, part 8 does not apply in relation to the conference.\ns 883 ins 2020 No. 14 s 151\n(sec.883-ssec.1) This section applies if— an authorised officer asked parties to attend a conference under section 335G as in force before the commencement; and immediately before the commencement the conference had not taken place.\n(sec.883-ssec.2) The conference must take place under chapter 13, part 2 as in force immediately before the commencement.\n(sec.883-ssec.3) The Common Provisions Act, chapter 3, part 8 does not apply in relation to the conference.\n- (a) an authorised officer asked parties to attend a conference under section 335G as in force before the commencement; and\n- (b) immediately before the commencement the conference had not taken place.","sortOrder":1126},{"sectionNumber":"sec.884","sectionType":"section","heading":"Existing authority to carry out remediation activities or rehabilitation activities","content":"### sec.884 Existing authority to carry out remediation activities or rehabilitation activities\n\nThis section applies if, immediately before the commencement, a person was authorised by the chief executive—\nunder section 344A(1) to carry out remediation activities at land on which an abandoned mine exists; or\nunder section 344A(3) to carry out rehabilitation activities at land on which a final rehabilitation site exists.\nAn authorisation mentioned in subsection (1)(a) is taken to have been made under section 344C as in force on the commencement.\nAn authorisation mentioned in subsection (1)(b) is taken to have been made under section 344D as in force on the commencement.\ns 884 ins 2020 No. 14 s 151\n(sec.884-ssec.1) This section applies if, immediately before the commencement, a person was authorised by the chief executive— under section 344A(1) to carry out remediation activities at land on which an abandoned mine exists; or under section 344A(3) to carry out rehabilitation activities at land on which a final rehabilitation site exists.\n(sec.884-ssec.2) An authorisation mentioned in subsection (1)(a) is taken to have been made under section 344C as in force on the commencement.\n(sec.884-ssec.3) An authorisation mentioned in subsection (1)(b) is taken to have been made under section 344D as in force on the commencement.\n- (a) under section 344A(1) to carry out remediation activities at land on which an abandoned mine exists; or\n- (b) under section 344A(3) to carry out rehabilitation activities at land on which a final rehabilitation site exists.","sortOrder":1127},{"sectionNumber":"ch.15-pt.20","sectionType":"part","heading":"Transitional provisions for Royalty Legislation Amendment Act 2020","content":"# Transitional provisions for Royalty Legislation Amendment Act 2020","sortOrder":1128},{"sectionNumber":"sec.885","sectionType":"section","heading":"Definitions for part","content":"### sec.885 Definitions for part\n\nIn this part—\namending Act means the Royalty Legislation Amendment Act 2020 .\nformer , for a provision, means the provision as in force from time to time before the commencement.\npost-commencement liability means a liability for royalty, or tax under the Taxation Administration Act 2001 relating to royalty, other than a pre-commencement liability.\npre-commencement liability means a liability for a royalty-related amount arising before the commencement.\ns 885 ins 2020 No. 30 s 23","sortOrder":1129},{"sectionNumber":"sec.886","sectionType":"section","heading":"Application of Taxation Administration Act 2001 to liability for royalty-related amounts","content":"### sec.886 Application of Taxation Administration Act 2001 to liability for royalty-related amounts\n\nThe Taxation Administration Act 2001 applies in relation to a liability for royalty or a royalty-related amount, whether arising before or after the commencement, except to the extent provided in this part.\ns 886 ins 2020 No. 30 s 23","sortOrder":1130},{"sectionNumber":"sec.887","sectionType":"section","heading":"This Act as revenue law for Taxation Administration Act 2001","content":"### sec.887 This Act as revenue law for Taxation Administration Act 2001\n\nThis section provides for how the Taxation Administration Act 2001 applies to this Act, in relation to particular liabilities, acts and omissions, to the extent this Act is a revenue law under the Taxation Administration Act 2001 .\nSee the Taxation Administration Act 2001 , section 6(6) and (7).\nThe following provisions of the Taxation Administration Act 2001 do not apply in relation to a pre-commencement liability—\npart 3;\nsections 30 to 33;\npart 5, divisions 1 and 2;\nsection 132.\nTo remove any doubt, it is declared that the Taxation Administration Act 2001 applies in relation to an act or omission after the commencement even if the act or omission relates to a pre-commencement liability.\nAfter the commencement on 1 October 2020, during an audit relating to the annual royalty return period from 1 July 2019 to 30 June 2020, a royalty payer failed to provide information as required under a notice given under the Taxation Administration Act 2001 , section 87. The failure to comply with the requirement is an omission after the commencement, even though it relates to a pre-commencement liability.\nHowever, the Taxation Administration Act 2001 , section 132 does not apply to an act or omission after the commencement relating to a pre-commencement liability.\nFor the purpose of applying the Taxation Administration Act 2001 , part 4 in relation to a pre-commencement liability or an act or omission after the commencement relating to a pre-commencement liability—\na reference in the Taxation Administration Act 2001 , section 41 or 42 to an assessment liability includes a pre-commencement liability; and\na reference in the Taxation Administration Act 2001 , section 42 to primary tax does not include an amount under a former provision of this Act that is a royalty penalty amount, unpaid royalty interest, civil penalty or fee prescribed by regulation that must accompany a royalty return; and\na reference in the Taxation Administration Act 2001 , section 29 to an amount payable under a tax law includes a royalty-related amount under a former provision of this Act; and\na reference in the Taxation Administration Act 2001 , section 37(1)(a) to a reassessment includes a reassessment, after the commencement, under a former provision of this Act; and\na reference in the Taxation Administration Act 2001 , section 37(1)(b) to a notice includes a notice given, after the commencement, under a former provision of this Act; and\na reference in the Taxation Administration Act 2001 , section 46 to a reassessment includes a reassessment, after the commencement, under a former provision of this Act; and\na notice given before the commencement under former section 333J is taken to have been given under the Taxation Administration Act 2001 , section 48; and\na notice given before the commencement under former section 333L is taken to have been given under the Taxation Administration Act 2001 , section 50.\nA reference in the Taxation Administration Act 2001 , section 131 to an assessment includes an assessment under former chapter 11.\nSubsection (3) applies subject to subsection (8).\nTo the extent this Act applies to an act or omission after the commencement relating to a pre-commencement liability, the Taxation Administration Act 2001 , section 136 applies subject to section 412 of this Act.\nIf, under this section, a provision of the Taxation Administration Act 2001 relating to a particular matter applies to this Act and a royalty provision of this Act relates to the same matter, this Act does not apply to the matter.\nIn this section—\nroyalty provision , of this Act, means a provision of this Act that is a revenue law under the Taxation Administration Act 2001 .\ns 887 ins 2020 No. 30 s 23\n(sec.887-ssec.1) This section provides for how the Taxation Administration Act 2001 applies to this Act, in relation to particular liabilities, acts and omissions, to the extent this Act is a revenue law under the Taxation Administration Act 2001 . See the Taxation Administration Act 2001 , section 6(6) and (7).\n(sec.887-ssec.2) The following provisions of the Taxation Administration Act 2001 do not apply in relation to a pre-commencement liability— part 3; sections 30 to 33; part 5, divisions 1 and 2; section 132.\n(sec.887-ssec.3) To remove any doubt, it is declared that the Taxation Administration Act 2001 applies in relation to an act or omission after the commencement even if the act or omission relates to a pre-commencement liability. After the commencement on 1 October 2020, during an audit relating to the annual royalty return period from 1 July 2019 to 30 June 2020, a royalty payer failed to provide information as required under a notice given under the Taxation Administration Act 2001 , section 87. The failure to comply with the requirement is an omission after the commencement, even though it relates to a pre-commencement liability.\n(sec.887-ssec.4) However, the Taxation Administration Act 2001 , section 132 does not apply to an act or omission after the commencement relating to a pre-commencement liability.\n(sec.887-ssec.5) For the purpose of applying the Taxation Administration Act 2001 , part 4 in relation to a pre-commencement liability or an act or omission after the commencement relating to a pre-commencement liability— a reference in the Taxation Administration Act 2001 , section 41 or 42 to an assessment liability includes a pre-commencement liability; and a reference in the Taxation Administration Act 2001 , section 42 to primary tax does not include an amount under a former provision of this Act that is a royalty penalty amount, unpaid royalty interest, civil penalty or fee prescribed by regulation that must accompany a royalty return; and a reference in the Taxation Administration Act 2001 , section 29 to an amount payable under a tax law includes a royalty-related amount under a former provision of this Act; and a reference in the Taxation Administration Act 2001 , section 37(1)(a) to a reassessment includes a reassessment, after the commencement, under a former provision of this Act; and a reference in the Taxation Administration Act 2001 , section 37(1)(b) to a notice includes a notice given, after the commencement, under a former provision of this Act; and a reference in the Taxation Administration Act 2001 , section 46 to a reassessment includes a reassessment, after the commencement, under a former provision of this Act; and a notice given before the commencement under former section 333J is taken to have been given under the Taxation Administration Act 2001 , section 48; and a notice given before the commencement under former section 333L is taken to have been given under the Taxation Administration Act 2001 , section 50.\n(sec.887-ssec.6) A reference in the Taxation Administration Act 2001 , section 131 to an assessment includes an assessment under former chapter 11.\n(sec.887-ssec.7) Subsection (3) applies subject to subsection (8).\n(sec.887-ssec.8) To the extent this Act applies to an act or omission after the commencement relating to a pre-commencement liability, the Taxation Administration Act 2001 , section 136 applies subject to section 412 of this Act.\n(sec.887-ssec.9) If, under this section, a provision of the Taxation Administration Act 2001 relating to a particular matter applies to this Act and a royalty provision of this Act relates to the same matter, this Act does not apply to the matter.\n(sec.887-ssec.10) In this section— royalty provision , of this Act, means a provision of this Act that is a revenue law under the Taxation Administration Act 2001 .\n- (a) part 3;\n- (b) sections 30 to 33;\n- (c) part 5, divisions 1 and 2;\n- (d) section 132.\n- (a) a reference in the Taxation Administration Act 2001 , section 41 or 42 to an assessment liability includes a pre-commencement liability; and\n- (b) a reference in the Taxation Administration Act 2001 , section 42 to primary tax does not include an amount under a former provision of this Act that is a royalty penalty amount, unpaid royalty interest, civil penalty or fee prescribed by regulation that must accompany a royalty return; and\n- (c) a reference in the Taxation Administration Act 2001 , section 29 to an amount payable under a tax law includes a royalty-related amount under a former provision of this Act; and\n- (d) a reference in the Taxation Administration Act 2001 , section 37(1)(a) to a reassessment includes a reassessment, after the commencement, under a former provision of this Act; and\n- (e) a reference in the Taxation Administration Act 2001 , section 37(1)(b) to a notice includes a notice given, after the commencement, under a former provision of this Act; and\n- (f) a reference in the Taxation Administration Act 2001 , section 46 to a reassessment includes a reassessment, after the commencement, under a former provision of this Act; and\n- (g) a notice given before the commencement under former section 333J is taken to have been given under the Taxation Administration Act 2001 , section 48; and\n- (h) a notice given before the commencement under former section 333L is taken to have been given under the Taxation Administration Act 2001 , section 50.","sortOrder":1131},{"sectionNumber":"sec.888","sectionType":"section","heading":"References in Taxation Administration Act 2001","content":"### sec.888 References in Taxation Administration Act 2001\n\nFor the purpose of this part, unless the context otherwise requires—\na reference in the Taxation Administration Act 2001 to a tax law includes former chapter 11; and\na reference in the Taxation Administration Act 2001 to a tax law liability includes a liability for a royalty-related amount under a former provision of this Act; and\na reference in the Taxation Administration Act 2001 to an assessment or reassessment includes an assessment or reassessment under a former provision of this Act; and\na reference in the Taxation Administration Act 2001 to unpaid tax interest includes unpaid royalty interest under a former provision of this Act; and\na reference in the Taxation Administration Act 2001 to penalty tax includes a royalty penalty amount under a former provision of this Act; and\na reference in the Taxation Administration Act 2001 to a civil penalty includes a civil penalty under former chapter 11; and\na reference in the Taxation Administration Act 2001 to a royalty fee includes a prescribed fee under a former provision of this Act that was required to accompany a royalty return.\ns 888 ins 2020 No. 30 s 23\n- (a) a reference in the Taxation Administration Act 2001 to a tax law includes former chapter 11; and\n- (b) a reference in the Taxation Administration Act 2001 to a tax law liability includes a liability for a royalty-related amount under a former provision of this Act; and\n- (c) a reference in the Taxation Administration Act 2001 to an assessment or reassessment includes an assessment or reassessment under a former provision of this Act; and\n- (d) a reference in the Taxation Administration Act 2001 to unpaid tax interest includes unpaid royalty interest under a former provision of this Act; and\n- (e) a reference in the Taxation Administration Act 2001 to penalty tax includes a royalty penalty amount under a former provision of this Act; and\n- (f) a reference in the Taxation Administration Act 2001 to a civil penalty includes a civil penalty under former chapter 11; and\n- (g) a reference in the Taxation Administration Act 2001 to a royalty fee includes a prescribed fee under a former provision of this Act that was required to accompany a royalty return.","sortOrder":1132},{"sectionNumber":"sec.889","sectionType":"section","heading":"Application of Taxation Administration Act 2001, s 38 (Applying amounts to current and future tax liabilities)","content":"### sec.889 Application of Taxation Administration Act 2001, s 38 (Applying amounts to current and future tax liabilities)\n\nAn amount relating to a post-commencement liability may be applied under the Taxation Administration Act 2001 , section 38 as payment for a pre-commencement liability.\ns 889 ins 2020 No. 30 s 23","sortOrder":1133},{"sectionNumber":"sec.890","sectionType":"section","heading":"Application of Taxation Administration Act 2001, s 138 (Second or subsequent offence)","content":"### sec.890 Application of Taxation Administration Act 2001, s 138 (Second or subsequent offence)\n\nFor applying the Taxation Administration Act 2001 , section 138 to this Act, the reference in subsection (1)(b) of that section to a further offence is a reference to an offence committed on or after the commencement.\nIf the Taxation Administration Act 2001 , section 138(1)(a) applies for an offence against a former provision of this Act that was repealed by the amending Act, the reference in subsection (1)(b) of that section to a further offence against the provision includes a reference to an offence against a provision of this Act or the Taxation Administration Act 2001 that corresponds to the former provision.\ns 890 ins 2020 No. 30 s 23\n(sec.890-ssec.1) For applying the Taxation Administration Act 2001 , section 138 to this Act, the reference in subsection (1)(b) of that section to a further offence is a reference to an offence committed on or after the commencement.\n(sec.890-ssec.2) If the Taxation Administration Act 2001 , section 138(1)(a) applies for an offence against a former provision of this Act that was repealed by the amending Act, the reference in subsection (1)(b) of that section to a further offence against the provision includes a reference to an offence against a provision of this Act or the Taxation Administration Act 2001 that corresponds to the former provision.","sortOrder":1134},{"sectionNumber":"sec.891","sectionType":"section","heading":"Application of ch 11, pt 3 (Royalty administration)","content":"### sec.891 Application of ch 11, pt 3 (Royalty administration)\n\nFormer chapter 11, part 3 and provisions of this Act relating to that part apply to an assessment or reassessment of a pre-commencement liability.\nThe provisions mentioned in subsection (1) apply as if a reference in the provisions to the Minister were a reference to the revenue commissioner.\ns 891 ins 2020 No. 30 s 23\n(sec.891-ssec.1) Former chapter 11, part 3 and provisions of this Act relating to that part apply to an assessment or reassessment of a pre-commencement liability.\n(sec.891-ssec.2) The provisions mentioned in subsection (1) apply as if a reference in the provisions to the Minister were a reference to the revenue commissioner.","sortOrder":1135},{"sectionNumber":"sec.892","sectionType":"section","heading":"Proceedings for particular offences","content":"### sec.892 Proceedings for particular offences\n\nThis section applies in relation to an offence against former section 412A, committed by a person before the commencement, that related to an offence against former section 326D(1), 333B(1), 333C(1), 333D(1) or 334C(1).\nWithout limiting the Acts Interpretation Act 1954 , section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the amending Act had not commenced.\nSubsection (2) applies despite the Criminal Code, section 11.\ns 892 ins 2020 No. 30 s 23\n(sec.892-ssec.1) This section applies in relation to an offence against former section 412A, committed by a person before the commencement, that related to an offence against former section 326D(1), 333B(1), 333C(1), 333D(1) or 334C(1).\n(sec.892-ssec.2) Without limiting the Acts Interpretation Act 1954 , section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the amending Act had not commenced.\n(sec.892-ssec.3) Subsection (2) applies despite the Criminal Code, section 11.","sortOrder":1136},{"sectionNumber":"sec.893","sectionType":"section","heading":"Revenue commissioner may do particular things","content":"### sec.893 Revenue commissioner may do particular things\n\nFor the purpose of this part, the revenue commissioner may do anything the Minister could do under a former provision of this Act before the commencement.\ns 893 ins 2020 No. 30 s 23","sortOrder":1137},{"sectionNumber":"sec.894","sectionType":"section","heading":"Delegations","content":"### sec.894 Delegations\n\nThis section applies if—\nimmediately before the commencement, a delegation of a function or power from the Minister to a person was in force under this Act; and\nunder this Act or the Taxation Administration Act 2001 , the revenue commissioner may delegate the function or power.\nThe delegation continues to have effect from the commencement as if it had been made by the revenue commissioner.\ns 894 ins 2020 No. 30 s 23\n(sec.894-ssec.1) This section applies if— immediately before the commencement, a delegation of a function or power from the Minister to a person was in force under this Act; and under this Act or the Taxation Administration Act 2001 , the revenue commissioner may delegate the function or power.\n(sec.894-ssec.2) The delegation continues to have effect from the commencement as if it had been made by the revenue commissioner.\n- (a) immediately before the commencement, a delegation of a function or power from the Minister to a person was in force under this Act; and\n- (b) under this Act or the Taxation Administration Act 2001 , the revenue commissioner may delegate the function or power.","sortOrder":1138},{"sectionNumber":"sec.895","sectionType":"section","heading":"References to Minister","content":"### sec.895 References to Minister\n\nIn an Act or document, a reference to the Minister in relation to former chapter 11, or a provision relating to former chapter 11, is, if the context permits, taken to be a reference to the revenue commissioner.\ns 895 ins 2020 No. 30 s 23","sortOrder":1139},{"sectionNumber":"sec.896","sectionType":"section","heading":"Royalty investigators","content":"### sec.896 Royalty investigators\n\nThis section applies to a person who, immediately before the commencement, held an appointment as a royalty investigator.\nThe person continues as an investigator under the Taxation Administration Act 2001 on the same terms of appointment that applied to the person immediately before the commencement.\nThe identity card held by the person under former section 333U is taken to be an identity card issued under the Taxation Administration Act 2001 , section 82.\ns 896 ins 2020 No. 30 s 23\n(sec.896-ssec.1) This section applies to a person who, immediately before the commencement, held an appointment as a royalty investigator.\n(sec.896-ssec.2) The person continues as an investigator under the Taxation Administration Act 2001 on the same terms of appointment that applied to the person immediately before the commencement.\n(sec.896-ssec.3) The identity card held by the person under former section 333U is taken to be an identity card issued under the Taxation Administration Act 2001 , section 82.","sortOrder":1140},{"sectionNumber":"sec.897","sectionType":"section","heading":"Application of former regulation provisions to particular matters","content":"### sec.897 Application of former regulation provisions to particular matters\n\nFormer sections 63C, 65 and 70 of the Mineral Resources Regulation 2013 apply in relation to a pre-commencement liability.\nFormer chapter 3, part 5, division 3, subdivision 3 of the Mineral Resources Regulation 2013 applies in relation to—\na gross value royalty decision made before the commencement; and\nan amendment of a gross value royalty decision made before the commencement; and\nan application made under former section 67 of the regulation, but not decided, before the commencement.\ns 897 ins 2020 No. 30 s 23\n(sec.897-ssec.1) Former sections 63C, 65 and 70 of the Mineral Resources Regulation 2013 apply in relation to a pre-commencement liability.\n(sec.897-ssec.2) Former chapter 3, part 5, division 3, subdivision 3 of the Mineral Resources Regulation 2013 applies in relation to— a gross value royalty decision made before the commencement; and an amendment of a gross value royalty decision made before the commencement; and an application made under former section 67 of the regulation, but not decided, before the commencement.\n- (a) a gross value royalty decision made before the commencement; and\n- (b) an amendment of a gross value royalty decision made before the commencement; and\n- (c) an application made under former section 67 of the regulation, but not decided, before the commencement.","sortOrder":1141},{"sectionNumber":"sec.898","sectionType":"section","heading":null,"content":"### Section sec.898\n\ns 898 ins 2020 No. 30 s 23\nexp 1 October 2022 (see s 898(4))","sortOrder":1142},{"sectionNumber":"ch.15-pt.21","sectionType":"part","heading":"Transitional provision for Coal Mining Safety and Health and Other Legislation Amendment Act 2022","content":"# Transitional provision for Coal Mining Safety and Health and Other Legislation Amendment Act 2022","sortOrder":1143},{"sectionNumber":"sec.899","sectionType":"section","heading":"Deferral of first rent under s 291","content":"### sec.899 Deferral of first rent under s 291\n\nSection 291 as in force from the commencement applies in relation to a mining lease granted on or after the commencement.\nSee, however, section 900.\ns 899 ins 2022 No. 29 s 24\namd 2023 No. 2 s 49C","sortOrder":1144},{"sectionNumber":"ch.15-pt.22","sectionType":"part","heading":"Transitional provision for Land and Other Legislation Amendment Act 2023","content":"# Transitional provision for Land and Other Legislation Amendment Act 2023","sortOrder":1145},{"sectionNumber":"sec.900","sectionType":"section","heading":"Application of s 291 to mining leases granted on or after 21 November 2022","content":"### sec.900 Application of s 291 to mining leases granted on or after 21 November 2022\n\nSection 291 as in force from the commencement applies, and is taken to have always applied, in relation to a mining lease granted on or after 21 November 2022.\nThis section applies despite section 899.\ns 900 ins 2023 No. 2 s 49D\n(sec.900-ssec.1) Section 291 as in force from the commencement applies, and is taken to have always applied, in relation to a mining lease granted on or after 21 November 2022.\n(sec.900-ssec.2) This section applies despite section 899.","sortOrder":1146},{"sectionNumber":"ch.15-pt.23","sectionType":"part","heading":"Transitional provision for Mineral and Energy Resources and Other Legislation Amendment Act 2024","content":"# Transitional provision for Mineral and Energy Resources and Other Legislation Amendment Act 2024","sortOrder":1147},{"sectionNumber":"sec.901","sectionType":"section","heading":"Application of particular condition to mining leases","content":"### sec.901 Application of particular condition to mining leases\n\nSection 276(1)(f), as inserted by the Mineral and Energy Resources and Other Legislation Amendment Act 2024 , applies in relation to a mining lease whether the lease was granted before or after the commencement.\ns 901 ins 2024 No. 33 s 147","sortOrder":1148},{"sectionNumber":"sch.1A-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":1149},{"sectionNumber":"sch.1A-sec.419","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.419\n\nsch 1A s 419 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1150},{"sectionNumber":"sch.1A-sec.420","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.420\n\nsch 1A s 420 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2008 No. 33 s 104 ; 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1151},{"sectionNumber":"sch.1A-sec.421","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.421\n\nsch 1A s 421 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1152},{"sectionNumber":"sch.1A-sec.422","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.422\n\nsch 1A s 422 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nsch 1A s 422 def alternative provision area om 2000 No. 36 s 18 sch 1\nsch 1A s 422 def mining tenement om 2006 No. 59 s 85 sch\nsch 1A s 422 def registered indigenous land use agreement ins 2000 No. 36 s 18 sch 1\nom 2000 No. 64 s 174 sch\nsch 1A s 422 reloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1153},{"sectionNumber":"sch.1A-sec.423","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.423\n\nsch 1A s 423 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2003 No. 10 s 76 sch ; 2010 No. 31 ss 420, 520 s ch 2 pt 2\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1154},{"sectionNumber":"sch.1A-sec.424","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.424\n\nsch 1A s 424 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1155},{"sectionNumber":"sch.1A-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":1156},{"sectionNumber":"sch.1A-pt.2-div.1","sectionType":"division","heading":null,"content":"","sortOrder":1157},{"sectionNumber":"sch.1A-sec.425","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.425\n\nsch 1A s 425 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1158},{"sectionNumber":"sch.1A-sec.426","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.426\n\nsch 1A s 426 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1 ; 2003 No. 10 s 35 ; 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1159},{"sectionNumber":"sch.1A-sec.427","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.427\n\nsch 1A s 427 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\namd 2012 No. 20 s 323 sch 3\nom 2014 No. 47 s 478","sortOrder":1160},{"sectionNumber":"sch.1A-sec.428","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.428\n\nsch 1A s 428 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\namd 2012 No. 20 s 323 sch 3\nom 2014 No. 47 s 478","sortOrder":1161},{"sectionNumber":"sch.1A-sec.429","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.429\n\nsch 1A s 429 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nsch 1A s 429 def access agreement ins 2000 No. 36 s 19 sch 2\nsch 1A s 429 def consultation period sub 2000 No. 36 s 19 sch 2\nsch 1A s 429 def consultation period advice day ins 2000 No. 36 s 19 sch 2\nsch 1A s 429 def registered native title party ins 2000 No. 36 s 19 sch 2\nsch 1A s 429 reloc 2012 No. 20 s 314\namd 2012 No. 20 s 323 sch 3\nom 2014 No. 47 s 478","sortOrder":1162},{"sectionNumber":"sch.1A-sec.430","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.430\n\nsch 1A s 430 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\namd 2012 No. 20 s 323 sch 3\nom 2014 No. 47 s 478","sortOrder":1163},{"sectionNumber":"sch.1A-sec.430A","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.430A\n\nsch 1A s 430A ins 2000 No. 36 s 19 sch 2\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1164},{"sectionNumber":"sch.1A-pt.2-div.2","sectionType":"division","heading":null,"content":"","sortOrder":1165},{"sectionNumber":"sch.1A-sec.431","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.431\n\nsch 1A s 431 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 19 sch 2 ; 2005 No. 8 s 2 sch ; 2012 No. 20 s 125 sch 1\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1166},{"sectionNumber":"sch.1A-sec.432","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.432\n\nsch 1A s 432 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 19 sch 2\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1167},{"sectionNumber":"sch.1A-pt.2-div.3","sectionType":"division","heading":null,"content":"","sortOrder":1168},{"sectionNumber":"sch.1A-sec.433","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.433\n\nsch 1A s 433 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 19 sch 2\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1169},{"sectionNumber":"sch.1A-sec.433A","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.433A\n\nsch 1A s 433A ins 2000 No. 36 s 19 sch 2\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1170},{"sectionNumber":"sch.1A-sec.434","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.434\n\nsch 1A s 434 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 19 sch 2\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1171},{"sectionNumber":"sch.1A-sec.434A","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.434A\n\nsch 1A s 434A ins 2000 No. 36 s 19 sch 2\namd 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1172},{"sectionNumber":"sch.1A-sec.435","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.435\n\nsch 1A s 435 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nsub 2000 No. 36 s 19 sch 2\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1173},{"sectionNumber":"sch.1A-sec.436","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.436\n\nsch 1A s 436 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 19 sch 2\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1174},{"sectionNumber":"sch.1A-sec.436A","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.436A\n\nsch 1A s 436A ins 2000 No. 36 s 19 sch 2\namd 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1175},{"sectionNumber":"sch.1A-sec.437","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.437\n\nsch 1A s 437 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nsub 2000 No. 36 s 19 sch 2\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1176},{"sectionNumber":"sch.1A-sec.438","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.438\n\nsch 1A s 438 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 19 sch 2\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1177},{"sectionNumber":"sch.1A-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":1178},{"sectionNumber":"sch.1A-pt.3-div.1","sectionType":"division","heading":null,"content":"","sortOrder":1179},{"sectionNumber":"sch.1A-sec.439","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.439\n\nsch 1A s 439 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1 ; 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1180},{"sectionNumber":"sch.1A-sec.440","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.440\n\nsch 1A s 440 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\namd 2012 No. 20 s 323 sch 3\nom 2014 No. 47 s 478","sortOrder":1181},{"sectionNumber":"sch.1A-sec.441","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.441\n\nsch 1A s 441 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1182},{"sectionNumber":"sch.1A-pt.3-div.2","sectionType":"division","heading":null,"content":"","sortOrder":1183},{"sectionNumber":"sch.1A-sec.442","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.442\n\nsch 1A s 442 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1184},{"sectionNumber":"sch.1A-sec.443","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.443\n\nsch 1A s 443 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1185},{"sectionNumber":"sch.1A-sec.444","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.444\n\nsch 1A s 444 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1186},{"sectionNumber":"sch.1A-sec.445","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.445\n\nsch 1A s 445 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1187},{"sectionNumber":"sch.1A-sec.446","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.446\n\nsch 1A s 446 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1188},{"sectionNumber":"sch.1A-sec.447","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.447\n\nsch 1A s 447 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1189},{"sectionNumber":"sch.1A-sec.448","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.448\n\nsch 1A s 448 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1190},{"sectionNumber":"sch.1A-sec.449","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.449\n\nsch 1A s 449 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1191},{"sectionNumber":"sch.1A-sec.450","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.450\n\nsch 1A s 450 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1192},{"sectionNumber":"sch.1A-sec.451","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.451\n\nsch 1A s 451 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1193},{"sectionNumber":"sch.1A-sec.452","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.452\n\nsch 1A s 452 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1194},{"sectionNumber":"sch.1A-sec.453","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.453\n\nsch 1A s 453 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1195},{"sectionNumber":"sch.1A-sec.454","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.454\n\nsch 1A s 454 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1196},{"sectionNumber":"sch.1A-sec.455","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.455\n\nsch 1A s 455 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1197},{"sectionNumber":"sch.1A-sec.456","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.456\n\nsch 1A s 456 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1198},{"sectionNumber":"sch.1A-sec.457","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.457\n\nsch 1A s 457 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1199},{"sectionNumber":"sch.1A-sec.458","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.458\n\nsch 1A s 458 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1200},{"sectionNumber":"sch.1A-pt.3-div.3","sectionType":"division","heading":null,"content":"","sortOrder":1201},{"sectionNumber":"sch.1A-sec.459","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.459\n\nsch 1A s 459 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1202},{"sectionNumber":"sch.1A-sec.460","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.460\n\nsch 1A s 460 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1203},{"sectionNumber":"sch.1A-sec.461","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.461\n\nsch 1A s 461 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1204},{"sectionNumber":"sch.1A-pt.3-div.4","sectionType":"division","heading":null,"content":"","sortOrder":1205},{"sectionNumber":"sch.1A-sec.462","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.462\n\nsch 1A s 462 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1 ; 2003 No. 10 s 36 ; 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1206},{"sectionNumber":"sch.1A-sec.463","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.463\n\nsch 1A s 463 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1207},{"sectionNumber":"sch.1A-sec.464","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.464\n\nsch 1A s 464 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2012 No. 20 s 281 sch 2 , s 323 sch 3\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 142 (1) – (2)\nom 2014 No. 47 s 478","sortOrder":1208},{"sectionNumber":"sch.1A-pt.3-div.5","sectionType":"division","heading":null,"content":"","sortOrder":1209},{"sectionNumber":"sch.1A-sec.465","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.465\n\nsch 1A s 465 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1 ; 2003 No. 10 s 37 ; 2012 No. 20 s 125 sch 1 , s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1210},{"sectionNumber":"sch.1A-sec.466","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.466\n\nsch 1A s 466 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1211},{"sectionNumber":"sch.1A-sec.467","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.467\n\nsch 1A s 467 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1212},{"sectionNumber":"sch.1A-sec.468","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.468\n\nsch 1A s 468 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1213},{"sectionNumber":"sch.1A-sec.469","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.469\n\nsch 1A s 469 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1214},{"sectionNumber":"sch.1A-sec.470","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.470\n\nsch 1A s 470 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1215},{"sectionNumber":"sch.1A-sec.471","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.471\n\nsch 1A s 471 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 64 s 174 sch ; 2005 No. 8 s 2 sch ; 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1216},{"sectionNumber":"sch.1A-pt.3-div.6","sectionType":"division","heading":null,"content":"","sortOrder":1217},{"sectionNumber":"sch.1A-sec.472","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.472\n\nsch 1A s 472 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1 ; 2003 No. 10 s 38 ; 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1218},{"sectionNumber":"sch.1A-sec.473","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.473\n\nsch 1A s 473 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1219},{"sectionNumber":"sch.1A-sec.474","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.474\n\nsch 1A s 474 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1220},{"sectionNumber":"sch.1A-sec.475","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.475\n\nsch 1A s 475 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1221},{"sectionNumber":"sch.1A-sec.476","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.476\n\nsch 1A s 476 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1222},{"sectionNumber":"sch.1A-sec.477","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.477\n\nsch 1A s 477 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1223},{"sectionNumber":"sch.1A-sec.478","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.478\n\nsch 1A s 478 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 64 s 174 sch ; 2005 No. 8 s 2 sch ; 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1224},{"sectionNumber":"sch.1A-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":1225},{"sectionNumber":"sch.1A-pt.4-div.1","sectionType":"division","heading":null,"content":"","sortOrder":1226},{"sectionNumber":"sch.1A-sec.479","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.479\n\nsch 1A s 479 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1 ; 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1227},{"sectionNumber":"sch.1A-sec.480","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.480\n\nsch 1A s 480 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\namd 2012 No. 20 s 323 sch 3\nom 2014 No. 47 s 478","sortOrder":1228},{"sectionNumber":"sch.1A-sec.481","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.481\n\nsch 1A s 481 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2012 No. 20 s 125 sch 1\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1229},{"sectionNumber":"sch.1A-sec.482","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.482\n\nsch 1A s 482 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 19 sch 2\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1230},{"sectionNumber":"sch.1A-sec.483","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.483\n\nsch 1A s 483 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1231},{"sectionNumber":"sch.1A-pt.4-div.2","sectionType":"division","heading":null,"content":"","sortOrder":1232},{"sectionNumber":"sch.1A-sec.484","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.484\n\nsch 1A s 484 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1 ; 2003 No. 10 s 39 ; 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1233},{"sectionNumber":"sch.1A-sec.485","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.485\n\nsch 1A s 485 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nsch 1A s 485 def access agreement ins 2000 No. 36 s 19 sch 2\nsch 1A s 485 def consultation period advice day ins 2000 No. 36 s 19 sch 2\nsch 1A s 485 def registered native title party ins 2000 No. 36 s 19 sch 2\nsch 1A s 485 reloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1234},{"sectionNumber":"sch.1A-sec.486","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.486\n\nsch 1A s 486 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 19 sch 2 ; 2003 No. 10 s 40 ; 2005 No. 8 s 2 sch\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1235},{"sectionNumber":"sch.1A-sec.487","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.487\n\nsch 1A s 487 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2003 No. 10 s 41 ; 2005 No. 8 s 2 sch\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1236},{"sectionNumber":"sch.1A-sec.488","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.488\n\nsch 1A s 488 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 19 sch 2\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1237},{"sectionNumber":"sch.1A-sec.488A","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.488A\n\nsch 1A s 488A ins 2000 No. 36 s 19 sch 2\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1238},{"sectionNumber":"sch.1A-sec.489","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.489\n\nsch 1A s 489 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 19 sch 2\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1239},{"sectionNumber":"sch.1A-sec.489A","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.489A\n\nsch 1A s 489A ins 2000 No. 36 s 19 sch 2\namd 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1240},{"sectionNumber":"sch.1A-sec.490","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.490\n\nsch 1A s 490 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nsub 2000 No. 36 s 19 sch 2\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1241},{"sectionNumber":"sch.1A-sec.491","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.491\n\nsch 1A s 491 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 19 sch 2 ; 2010 No. 31 ss 420, 520 s ch 2 pt 2\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1242},{"sectionNumber":"sch.1A-sec.491A","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.491A\n\nsch 1A s 491A ins 2000 No. 36 s 19 sch 2\namd 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1243},{"sectionNumber":"sch.1A-sec.492","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.492\n\nsch 1A s 492 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nsub 2000 No. 36 s 19 sch 2\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1244},{"sectionNumber":"sch.1A-sec.493","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.493\n\nsch 1A s 493 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 19 sch 2\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1245},{"sectionNumber":"sch.1A-pt.4-div.3","sectionType":"division","heading":null,"content":"","sortOrder":1246},{"sectionNumber":"sch.1A-sec.494","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.494\n\nsch 1A s 494 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1247},{"sectionNumber":"sch.1A-sec.495","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.495\n\nsch 1A s 495 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1248},{"sectionNumber":"sch.1A-sec.496","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.496\n\nsch 1A s 496 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1249},{"sectionNumber":"sch.1A-sec.497","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.497\n\nsch 1A s 497 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1250},{"sectionNumber":"sch.1A-sec.498","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.498\n\nsch 1A s 498 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1251},{"sectionNumber":"sch.1A-sec.499","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.499\n\nsch 1A s 499 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1252},{"sectionNumber":"sch.1A-sec.500","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.500\n\nsch 1A s 500 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1253},{"sectionNumber":"sch.1A-sec.501","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.501\n\nsch 1A s 501 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1254},{"sectionNumber":"sch.1A-sec.502","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.502\n\nsch 1A s 502 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1255},{"sectionNumber":"sch.1A-sec.503","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.503\n\nsch 1A s 503 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1256},{"sectionNumber":"sch.1A-sec.504","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.504\n\nsch 1A s 504 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1257},{"sectionNumber":"sch.1A-sec.505","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.505\n\nsch 1A s 505 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1258},{"sectionNumber":"sch.1A-sec.506","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.506\n\nsch 1A s 506 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1259},{"sectionNumber":"sch.1A-sec.507","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.507\n\nsch 1A s 507 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1260},{"sectionNumber":"sch.1A-sec.508","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.508\n\nsch 1A s 508 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1261},{"sectionNumber":"sch.1A-sec.509","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.509\n\nsch 1A s 509 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1262},{"sectionNumber":"sch.1A-sec.510","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.510\n\nsch 1A s 510 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1263},{"sectionNumber":"sch.1A-sec.511","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.511\n\nsch 1A s 511 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1264},{"sectionNumber":"sch.1A-sec.512","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.512\n\nsch 1A s 512 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1265},{"sectionNumber":"sch.1A-sec.513","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.513\n\nsch 1A s 513 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1266},{"sectionNumber":"sch.1A-sec.514","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.514\n\nsch 1A s 514 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1267},{"sectionNumber":"sch.1A-sec.515","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.515\n\nsch 1A s 515 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1268},{"sectionNumber":"sch.1A-sec.516","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.516\n\nsch 1A s 516 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1269},{"sectionNumber":"sch.1A-sec.517","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.517\n\nsch 1A s 517 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1270},{"sectionNumber":"sch.1A-sec.518","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.518\n\nsch 1A s 518 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1271},{"sectionNumber":"sch.1A-sec.519","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.519\n\nsch 1A s 519 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1272},{"sectionNumber":"sch.1A-sec.520","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.520\n\nsch 1A s 520 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1273},{"sectionNumber":"sch.1A-sec.521","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.521\n\nsch 1A s 521 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1274},{"sectionNumber":"sch.1A-pt.4-div.4","sectionType":"division","heading":null,"content":"","sortOrder":1275},{"sectionNumber":"sch.1A-sec.522","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.522\n\nsch 1A s 522 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1 ; 2003 No. 10 s 42 ; 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1276},{"sectionNumber":"sch.1A-sec.523","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.523\n\nsch 1A s 523 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1 ; 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1277},{"sectionNumber":"sch.1A-sec.524","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.524\n\nsch 1A s 524 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 64 s 174 sch ; 2003 No. 10 s 43 ; 2005 No. 8 s 2 sch ; 2012 No. 20 s 281 sch 2 , s 323 sch 3\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1278},{"sectionNumber":"sch.1A-pt.4-div.5","sectionType":"division","heading":null,"content":"","sortOrder":1279},{"sectionNumber":"sch.1A-sec.525","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.525\n\nsch 1A s 525 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1 ; 2003 No. 10 s 44 ; 2012 No. 20 s 125 sch 1 , s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1280},{"sectionNumber":"sch.1A-sec.526","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.526\n\nsch 1A s 526 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1281},{"sectionNumber":"sch.1A-sec.527","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.527\n\nsch 1A s 527 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1282},{"sectionNumber":"sch.1A-sec.528","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.528\n\nsch 1A s 528 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1283},{"sectionNumber":"sch.1A-sec.529","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.529\n\nsch 1A s 529 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1284},{"sectionNumber":"sch.1A-sec.530","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.530\n\nsch 1A s 530 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1285},{"sectionNumber":"sch.1A-pt.4-div.6","sectionType":"division","heading":null,"content":"","sortOrder":1286},{"sectionNumber":"sch.1A-sec.531","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.531\n\nsch 1A s 531 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1 ; 2003 No. 10 s 45 ; 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1287},{"sectionNumber":"sch.1A-sec.532","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.532\n\nsch 1A s 532 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1288},{"sectionNumber":"sch.1A-sec.533","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.533\n\nsch 1A s 533 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1289},{"sectionNumber":"sch.1A-sec.534","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.534\n\nsch 1A s 534 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1290},{"sectionNumber":"sch.1A-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":1291},{"sectionNumber":"sch.1A-pt.5-div.1","sectionType":"division","heading":null,"content":"","sortOrder":1292},{"sectionNumber":"sch.1A-sec.535","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.535\n\nsch 1A s 535 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1 ; 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1293},{"sectionNumber":"sch.1A-sec.536","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.536\n\nsch 1A s 536 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\namd 2012 No. 20 s 323 sch 3\nom 2014 No. 47 s 478","sortOrder":1294},{"sectionNumber":"sch.1A-sec.537","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.537\n\nsch 1A s 537 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2012 No. 20 s 125 sch 1\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1295},{"sectionNumber":"sch.1A-sec.538","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.538\n\nsch 1A s 538 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 19 sch 2\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1296},{"sectionNumber":"sch.1A-sec.539","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.539\n\nsch 1A s 539 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1297},{"sectionNumber":"sch.1A-pt.5-div.2","sectionType":"division","heading":null,"content":"","sortOrder":1298},{"sectionNumber":"sch.1A-sec.540","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.540\n\nsch 1A s 540 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1 ; 2003 No. 10 s 46 ; 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1299},{"sectionNumber":"sch.1A-sec.541","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.541\n\nsch 1A s 541 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1300},{"sectionNumber":"sch.1A-sec.542","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.542\n\nsch 1A s 542 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 19 sch 2 ; 2003 No. 10 s 47 ; 2005 No. 8 s 2 sch ; 2012 No. 20 s 125 sch 1\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1301},{"sectionNumber":"sch.1A-sec.543","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.543\n\nsch 1A s 543 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 19 sch 2 ; 2003 No. 10 s 48 ; 2005 No. 8 s 2 sch\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1302},{"sectionNumber":"sch.1A-sec.544","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.544\n\nsch 1A s 544 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 19 sch 2\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1303},{"sectionNumber":"sch.1A-sec.544A","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.544A\n\nsch 1A s 544A ins 2000 No. 36 s 19 sch 2\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1304},{"sectionNumber":"sch.1A-sec.545","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.545\n\nsch 1A s 545 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 19 sch 2\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1305},{"sectionNumber":"sch.1A-sec.545A","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.545A\n\nsch 1A s 545A ins 2000 No. 36 s 19 sch 2\namd 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1306},{"sectionNumber":"sch.1A-sec.546","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.546\n\nsch 1A s 546 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nsub 2000 No. 36 s 19 sch 2\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1307},{"sectionNumber":"sch.1A-sec.547","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.547\n\nsch 1A s 547 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 19 sch 2 ; 2010 No. 31 ss 420, 520 s ch 2 pt 2 ; 2012 No. 20 s 323 sch 3 (amd 2013 No. 10 s 159 (3) )\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1308},{"sectionNumber":"sch.1A-sec.547A","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.547A\n\nsch 1A s 547A ins 2000 No. 36 s 19 sch 2\namd 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1309},{"sectionNumber":"sch.1A-sec.548","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.548\n\nsch 1A s 548 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nsub 2000 No. 36 s 19 sch 2\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1310},{"sectionNumber":"sch.1A-sec.549","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.549\n\nsch 1A s 549 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 19 sch 2\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1311},{"sectionNumber":"sch.1A-pt.5-div.3","sectionType":"division","heading":null,"content":"","sortOrder":1312},{"sectionNumber":"sch.1A-sec.550","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.550\n\nsch 1A s 550 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1313},{"sectionNumber":"sch.1A-sec.551","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.551\n\nsch 1A s 551 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1314},{"sectionNumber":"sch.1A-sec.552","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.552\n\nsch 1A s 552 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1315},{"sectionNumber":"sch.1A-sec.553","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.553\n\nsch 1A s 553 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1316},{"sectionNumber":"sch.1A-sec.554","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.554\n\nsch 1A s 554 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1317},{"sectionNumber":"sch.1A-sec.555","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.555\n\nsch 1A s 555 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1318},{"sectionNumber":"sch.1A-sec.556","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.556\n\nsch 1A s 556 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1319},{"sectionNumber":"sch.1A-sec.557","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.557\n\nsch 1A s 557 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1320},{"sectionNumber":"sch.1A-sec.558","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.558\n\nsch 1A s 558 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1321},{"sectionNumber":"sch.1A-sec.559","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.559\n\nsch 1A s 559 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1322},{"sectionNumber":"sch.1A-sec.560","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.560\n\nsch 1A s 560 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1323},{"sectionNumber":"sch.1A-sec.561","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.561\n\nsch 1A s 561 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1324},{"sectionNumber":"sch.1A-sec.562","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.562\n\nsch 1A s 562 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1325},{"sectionNumber":"sch.1A-sec.563","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.563\n\nsch 1A s 563 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1326},{"sectionNumber":"sch.1A-sec.564","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.564\n\nsch 1A s 564 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1327},{"sectionNumber":"sch.1A-sec.565","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.565\n\nsch 1A s 565 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1328},{"sectionNumber":"sch.1A-sec.566","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.566\n\nsch 1A s 566 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1329},{"sectionNumber":"sch.1A-sec.567","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.567\n\nsch 1A s 567 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1330},{"sectionNumber":"sch.1A-sec.568","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.568\n\nsch 1A s 568 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1331},{"sectionNumber":"sch.1A-sec.569","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.569\n\nsch 1A s 569 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1332},{"sectionNumber":"sch.1A-sec.570","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.570\n\nsch 1A s 570 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1333},{"sectionNumber":"sch.1A-sec.571","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.571\n\nsch 1A s 571 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1334},{"sectionNumber":"sch.1A-sec.572","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.572\n\nsch 1A s 572 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1335},{"sectionNumber":"sch.1A-sec.573","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.573\n\nsch 1A s 573 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1336},{"sectionNumber":"sch.1A-sec.574","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.574\n\nsch 1A s 574 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1337},{"sectionNumber":"sch.1A-sec.575","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.575\n\nsch 1A s 575 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1338},{"sectionNumber":"sch.1A-sec.576","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.576\n\nsch 1A s 576 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1339},{"sectionNumber":"sch.1A-sec.577","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.577\n\nsch 1A s 577 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1340},{"sectionNumber":"sch.1A-sec.578","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.578\n\nsch 1A s 578 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1341},{"sectionNumber":"sch.1A-pt.5-div.4","sectionType":"division","heading":null,"content":"","sortOrder":1342},{"sectionNumber":"sch.1A-sec.579","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.579\n\nsch 1A s 579 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1 ; 2003 No. 10 s 49 ; 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1343},{"sectionNumber":"sch.1A-sec.580","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.580\n\nsch 1A s 580 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1344},{"sectionNumber":"sch.1A-sec.581","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.581\n\nsch 1A s 581 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1 ; 2000 No. 64 s 174 sch ; 2003 No. 10 s 50 ; 2005 No. 8 s 2 sch ; 2012 No. 20 s 281 sch 2 , s 323 sch 3\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1345},{"sectionNumber":"sch.1A-pt.5-div.5","sectionType":"division","heading":null,"content":"","sortOrder":1346},{"sectionNumber":"sch.1A-sec.582","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.582\n\nsch 1A s 582 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1 ; 2003 No. 10 s 51 ; 2012 No. 20 s 125 sch 1 , s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1347},{"sectionNumber":"sch.1A-sec.583","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.583\n\nsch 1A s 583 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1348},{"sectionNumber":"sch.1A-sec.584","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.584\n\nsch 1A s 584 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1349},{"sectionNumber":"sch.1A-sec.585","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.585\n\nsch 1A s 585 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1350},{"sectionNumber":"sch.1A-sec.586","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.586\n\nsch 1A s 586 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1351},{"sectionNumber":"sch.1A-sec.587","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.587\n\nsch 1A s 587 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1352},{"sectionNumber":"sch.1A-pt.5-div.6","sectionType":"division","heading":null,"content":"","sortOrder":1353},{"sectionNumber":"sch.1A-sec.588","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.588\n\nsch 1A s 588 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1 ; 2003 No. 10 s 52 ; 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1354},{"sectionNumber":"sch.1A-sec.589","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.589\n\nsch 1A s 589 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1355},{"sectionNumber":"sch.1A-sec.590","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.590\n\nsch 1A s 590 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1356},{"sectionNumber":"sch.1A-sec.591","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.591\n\nsch 1A s 591 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1357},{"sectionNumber":"sch.1A-sec.592","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.592\n\nsch 1A s 592 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1358},{"sectionNumber":"sch.1A-pt.6","sectionType":"part","heading":null,"content":"","sortOrder":1359},{"sectionNumber":"sch.1A-pt.6-div.1","sectionType":"division","heading":null,"content":"","sortOrder":1360},{"sectionNumber":"sch.1A-sec.593","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.593\n\nsch 1A s 593 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1 ; 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1361},{"sectionNumber":"sch.1A-sec.594","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.594\n\nsch 1A s 594 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1362},{"sectionNumber":"sch.1A-sec.595","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.595\n\nsch 1A s 595 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1363},{"sectionNumber":"sch.1A-sec.596","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.596\n\nsch 1A s 596 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2012 No. 20 s 125 sch 1 , s 323 sch 3\nreloc 2012 No. 20 s 314\namd 2012 No. 20 s 323 sch 3\nom 2014 No. 47 s 478","sortOrder":1364},{"sectionNumber":"sch.1A-pt.6-div.2","sectionType":"division","heading":null,"content":"","sortOrder":1365},{"sectionNumber":"sch.1A-sec.597","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.597\n\nsch 1A s 597 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1366},{"sectionNumber":"sch.1A-sec.598","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.598\n\nsch 1A s 598 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1367},{"sectionNumber":"sch.1A-sec.599","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.599\n\nsch 1A s 599 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1368},{"sectionNumber":"sch.1A-sec.600","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.600\n\nsch 1A s 600 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1369},{"sectionNumber":"sch.1A-sec.601","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.601\n\nsch 1A s 601 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1370},{"sectionNumber":"sch.1A-sec.602","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.602\n\nsch 1A s 602 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1371},{"sectionNumber":"sch.1A-sec.603","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.603\n\nsch 1A s 603 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1372},{"sectionNumber":"sch.1A-sec.604","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.604\n\nsch 1A s 604 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1373},{"sectionNumber":"sch.1A-sec.605","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.605\n\nsch 1A s 605 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1374},{"sectionNumber":"sch.1A-sec.606","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.606\n\nsch 1A s 606 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1375},{"sectionNumber":"sch.1A-sec.607","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.607\n\nsch 1A s 607 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1376},{"sectionNumber":"sch.1A-sec.608","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.608\n\nsch 1A s 608 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1377},{"sectionNumber":"sch.1A-sec.609","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.609\n\nsch 1A s 609 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1378},{"sectionNumber":"sch.1A-sec.610","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.610\n\nsch 1A s 610 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1379},{"sectionNumber":"sch.1A-sec.611","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.611\n\nsch 1A s 611 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1380},{"sectionNumber":"sch.1A-sec.612","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.612\n\nsch 1A s 612 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1381},{"sectionNumber":"sch.1A-sec.613","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.613\n\nsch 1A s 613 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1382},{"sectionNumber":"sch.1A-pt.6-div.3","sectionType":"division","heading":null,"content":"","sortOrder":1383},{"sectionNumber":"sch.1A-sec.614","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.614\n\nsch 1A s 614 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1384},{"sectionNumber":"sch.1A-sec.615","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.615\n\nsch 1A s 615 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1385},{"sectionNumber":"sch.1A-sec.616","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.616\n\nsch 1A s 616 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1386},{"sectionNumber":"sch.1A-sec.617","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.617\n\nsch 1A s 617 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1387},{"sectionNumber":"sch.1A-sec.618","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.618\n\nsch 1A s 618 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1388},{"sectionNumber":"sch.1A-sec.619","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.619\n\nsch 1A s 619 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1389},{"sectionNumber":"sch.1A-sec.620","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.620\n\nsch 1A s 620 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1390},{"sectionNumber":"sch.1A-sec.621","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.621\n\nsch 1A s 621 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1391},{"sectionNumber":"sch.1A-sec.622","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.622\n\nsch 1A s 622 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1392},{"sectionNumber":"sch.1A-sec.623","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.623\n\nsch 1A s 623 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1393},{"sectionNumber":"sch.1A-sec.624","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.624\n\nsch 1A s 624 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1394},{"sectionNumber":"sch.1A-sec.625","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.625\n\nsch 1A s 625 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1395},{"sectionNumber":"sch.1A-sec.626","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.626\n\nsch 1A s 626 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1396},{"sectionNumber":"sch.1A-sec.627","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.627\n\nsch 1A s 627 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1397},{"sectionNumber":"sch.1A-sec.628","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.628\n\nsch 1A s 628 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1398},{"sectionNumber":"sch.1A-sec.629","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.629\n\nsch 1A s 629 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1399},{"sectionNumber":"sch.1A-sec.630","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.630\n\nsch 1A s 630 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1400},{"sectionNumber":"sch.1A-sec.631","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.631\n\nsch 1A s 631 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1401},{"sectionNumber":"sch.1A-sec.632","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.632\n\nsch 1A s 632 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1402},{"sectionNumber":"sch.1A-sec.633","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.633\n\nsch 1A s 633 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1403},{"sectionNumber":"sch.1A-sec.634","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.634\n\nsch 1A s 634 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1404},{"sectionNumber":"sch.1A-sec.635","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.635\n\nsch 1A s 635 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1405},{"sectionNumber":"sch.1A-sec.636","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.636\n\nsch 1A s 636 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1406},{"sectionNumber":"sch.1A-sec.637","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.637\n\nsch 1A s 637 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1407},{"sectionNumber":"sch.1A-sec.638","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.638\n\nsch 1A s 638 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1408},{"sectionNumber":"sch.1A-sec.639","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.639\n\nsch 1A s 639 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1409},{"sectionNumber":"sch.1A-sec.640","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.640\n\nsch 1A s 640 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1410},{"sectionNumber":"sch.1A-sec.641","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.641\n\nsch 1A s 641 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1411},{"sectionNumber":"sch.1A-sec.642","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.642\n\nsch 1A s 642 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1412},{"sectionNumber":"sch.1A-sec.643","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.643\n\nsch 1A s 643 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1413},{"sectionNumber":"sch.1A-sec.644","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.644\n\nsch 1A s 644 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1414},{"sectionNumber":"sch.1A-sec.645","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.645\n\nsch 1A s 645 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1415},{"sectionNumber":"sch.1A-sec.646","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.646\n\nsch 1A s 646 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1416},{"sectionNumber":"sch.1A-sec.647","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.647\n\nsch 1A s 647 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1417},{"sectionNumber":"sch.1A-sec.648","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.648\n\nsch 1A s 648 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1418},{"sectionNumber":"sch.1A-sec.649","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.649\n\nsch 1A s 649 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1419},{"sectionNumber":"sch.1A-pt.6-div.4","sectionType":"division","heading":null,"content":"","sortOrder":1420},{"sectionNumber":"sch.1A-sec.650","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.650\n\nsch 1A s 650 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1 ; 2003 No. 10 s 53 ; 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1421},{"sectionNumber":"sch.1A-sec.651","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.651\n\nsch 1A s 651 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1422},{"sectionNumber":"sch.1A-sec.652","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.652\n\nsch 1A s 652 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 64 s 174 sch ; 2005 No. 8 s 2 sch\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1423},{"sectionNumber":"sch.1A-sec.653","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.653\n\nsch 1A s 653 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 64 s 174 sch ; 2012 No. 20 ss 236, 125 sch 1\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1424},{"sectionNumber":"sch.1A-sec.654","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.654\n\nsch 1A s 654 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2005 No. 8 s 2 sch\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1425},{"sectionNumber":"sch.1A-sec.655","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.655\n\nsch 1A s 655 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1426},{"sectionNumber":"sch.1A-sec.656","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.656\n\nsch 1A s 656 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1427},{"sectionNumber":"sch.1A-sec.657","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.657\n\nsch 1A s 657 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 9 ; 2005 No. 8 s 2 sch ; 2012 No. 20 s 237\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1428},{"sectionNumber":"sch.1A-sec.658","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.658\n\nsch 1A s 658 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2005 No. 68 s 150 sch\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1429},{"sectionNumber":"sch.1A-sec.659","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.659\n\nsch 1A s 659 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1430},{"sectionNumber":"sch.1A-sec.660","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.660\n\nsch 1A s 660 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1431},{"sectionNumber":"sch.1A-sec.661","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.661\n\nsch 1A s 661 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1432},{"sectionNumber":"sch.1A-sec.662","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.662\n\nsch 1A s 662 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1433},{"sectionNumber":"sch.1A-sec.663","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.663\n\nsch 1A s 663 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 142 (3) – (4)\nom 2014 No. 47 s 478","sortOrder":1434},{"sectionNumber":"sch.1A-sec.664","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.664\n\nsch 1A s 664 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1435},{"sectionNumber":"sch.1A-sec.665","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.665\n\nsch 1A s 665 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1436},{"sectionNumber":"sch.1A-sec.666","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.666\n\nsch 1A s 666 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 10 ; 2005 No. 8 s 2 sch ; 2012 No. 20 s 238\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1437},{"sectionNumber":"sch.1A-sec.667","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.667\n\nsch 1A s 667 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1438},{"sectionNumber":"sch.1A-sec.668","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.668\n\nsch 1A s 668 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1439},{"sectionNumber":"sch.1A-sec.669","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.669\n\nsch 1A s 669 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 64 s 166\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1440},{"sectionNumber":"sch.1A-sec.670","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.670\n\nsch 1A s 670 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1441},{"sectionNumber":"sch.1A-sec.671","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.671\n\nsch 1A s 671 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2010 No. 17 s 58\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1442},{"sectionNumber":"sch.1A-sec.672","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.672\n\nsch 1A s 672 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2007 No. 46 s 92\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1443},{"sectionNumber":"sch.1A-sec.673","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.673\n\nsch 1A s 673 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1444},{"sectionNumber":"sch.1A-sec.674","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.674\n\nsch 1A s 674 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1445},{"sectionNumber":"sch.1A-sec.675","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.675\n\nsch 1A s 675 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1446},{"sectionNumber":"sch.1A-sec.676","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.676\n\nsch 1A s 676 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1447},{"sectionNumber":"sch.1A-sec.677","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.677\n\nsch 1A s 677 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1448},{"sectionNumber":"sch.1A-sec.678","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.678\n\nsch 1A s 678 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1449},{"sectionNumber":"sch.1A-sec.679","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.679\n\nsch 1A s 679 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1450},{"sectionNumber":"sch.1A-sec.680","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.680\n\nsch 1A s 680 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2012 No. 20 s 281 sch 2\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1451},{"sectionNumber":"sch.1A-sec.681","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.681\n\nsch 1A s 681 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1452},{"sectionNumber":"sch.1A-sec.682","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.682\n\nsch 1A s 682 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2012 No. 20 s 281 sch 2\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1453},{"sectionNumber":"sch.1A-sec.683","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.683\n\nsch 1A s 683 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1454},{"sectionNumber":"sch.1A-sec.684","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.684\n\nsch 1A s 684 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1455},{"sectionNumber":"sch.1A-sec.685","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.685\n\nsch 1A s 685 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2005 No. 8 s 2 sch\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1456},{"sectionNumber":"sch.1A-sec.686","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.686\n\nsch 1A s 686 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1457},{"sectionNumber":"sch.1A-sec.687","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.687\n\nsch 1A s 687 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2012 No. 20 s 239\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1458},{"sectionNumber":"sch.1A-sec.688","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.688\n\nsch 1A s 688 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2005 No. 8 s 2 sch ; 2012 No. 20 s 240\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1459},{"sectionNumber":"sch.1A-pt.6-div.5","sectionType":"division","heading":null,"content":"","sortOrder":1460},{"sectionNumber":"sch.1A-sec.689","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.689\n\nsch 1A s 689 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1 ; 2003 No. 10 s 54 ; 2012 No. 20 s 125 sch 1 , s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1461},{"sectionNumber":"sch.1A-sec.690","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.690\n\nsch 1A s 690 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1462},{"sectionNumber":"sch.1A-sec.691","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.691\n\nsch 1A s 691 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1463},{"sectionNumber":"sch.1A-sec.692","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.692\n\nsch 1A s 692 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1464},{"sectionNumber":"sch.1A-sec.693","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.693\n\nsch 1A s 693 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1465},{"sectionNumber":"sch.1A-sec.694","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.694\n\nsch 1A s 694 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1466},{"sectionNumber":"sch.1A-sec.695","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.695\n\nsch 1A s 695 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 64 s 174 sch ; 2005 No. 8 s 2 sch ; 2009 No. 16 s 60 ; 2012 No. 20 s 125 sch 1\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1467},{"sectionNumber":"sch.1A-pt.6-div.6","sectionType":"division","heading":null,"content":"","sortOrder":1468},{"sectionNumber":"sch.1A-sec.696","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.696\n\nsch 1A s 696 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2012 No. 20 s 125 sch 1\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1469},{"sectionNumber":"sch.1A-sec.697","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.697\n\nsch 1A s 697 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1 ; 2003 No. 10 s 55 ; 2012 No. 20 s 323 sch 3\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1470},{"sectionNumber":"sch.1A-sec.698","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.698\n\nsch 1A s 698 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1471},{"sectionNumber":"sch.1A-sec.699","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.699\n\nsch 1A s 699 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1 ; 2012 No. 20 s 125 sch 1\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1472},{"sectionNumber":"sch.1A-sec.700","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.700\n\nsch 1A s 700 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1473},{"sectionNumber":"sch.1A-sec.701","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.701\n\nsch 1A s 701 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1474},{"sectionNumber":"sch.1A-sec.702","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.702\n\nsch 1A s 702 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1475},{"sectionNumber":"sch.1A-sec.703","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.703\n\nsch 1A s 703 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nom 2000 No. 36 s 18 sch 1","sortOrder":1476},{"sectionNumber":"sch.1A-sec.704","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.704\n\nsch 1A s 704 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 18 sch 1\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1477},{"sectionNumber":"sch.1A-sec.705","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.705\n\nsch 1A s 705 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 64 s 174 sch ; 2005 No. 8 s 2 sch ; 2012 No. 20 s 281 sch 2\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1478},{"sectionNumber":"sch.1A-pt.7","sectionType":"part","heading":null,"content":"","sortOrder":1479},{"sectionNumber":"sch.1A-pt.7-div.1","sectionType":"division","heading":null,"content":"","sortOrder":1480},{"sectionNumber":"sch.1A-sec.706","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.706\n\nsch 1A s 706 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nsch 1A s 706 def relevant act amd 2000 No. 36 s 18 sch 1 ; 2012 No. 20 s 323 sch 3\nsch 1A s 706 reloc 2012 No. 20 s 314\namd 2012 No. 20 s 323 sch 3\nom 2014 No. 47 s 478","sortOrder":1481},{"sectionNumber":"sch.1A-pt.7-div.2","sectionType":"division","heading":null,"content":"","sortOrder":1482},{"sectionNumber":"sch.1A-sec.707","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.707\n\nsch 1A s 707 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2000 No. 36 s 11 ; 2012 No. 20 s 125 sch 1\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1483},{"sectionNumber":"sch.1A-sec.708","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.708\n\nsch 1A s 708 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2012 No. 20 s 241\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1484},{"sectionNumber":"sch.1A-sec.709","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.709\n\nsch 1A s 709 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1485},{"sectionNumber":"sch.1A-sec.710","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.710\n\nsch 1A s 710 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1486},{"sectionNumber":"sch.1A-sec.711","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.711\n\nsch 1A s 711 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1487},{"sectionNumber":"sch.1A-sec.712","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.712\n\nsch 1A s 712 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2012 No. 20 s 125 sch 1\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1488},{"sectionNumber":"sch.1A-sec.713","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.713\n\nsch 1A s 713 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1489},{"sectionNumber":"sch.1A-pt.7-div.3","sectionType":"division","heading":null,"content":"","sortOrder":1490},{"sectionNumber":"sch.1A-sec.714","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.714\n\nsch 1A s 714 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2012 No. 20 s 125 sch 1\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1491},{"sectionNumber":"sch.1A-sec.715","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.715\n\nsch 1A s 715 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2012 No. 20 s 125 sch 1\nreloc 2012 No. 20 s 314\namd 2013 No. 10 s 193 sch 1\nom 2014 No. 47 s 478","sortOrder":1492},{"sectionNumber":"sch.1A-sec.716","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.716\n\nsch 1A s 716 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2012 No. 20 s 125 sch 1\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1493},{"sectionNumber":"sch.1A-sec.717","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.717\n\nsch 1A s 717 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1494},{"sectionNumber":"sch.1A-sec.718","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.718\n\nsch 1A s 718 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1495},{"sectionNumber":"sch.1A-sec.719","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.719\n\nsch 1A s 719 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2012 No. 20 s 125 sch 1\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1496},{"sectionNumber":"sch.1A-pt.7-div.4","sectionType":"division","heading":null,"content":"","sortOrder":1497},{"sectionNumber":"sch.1A-sec.720","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.720\n\nsch 1A s 720 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2012 No. 20 s 125 sch 1\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1498},{"sectionNumber":"sch.1A-sec.721","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.721\n\nsch 1A s 721 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\namd 2012 No. 20 s 125 sch 1\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1499},{"sectionNumber":"sch.1A-sec.722","sectionType":"section","heading":null,"content":"### Section sch.1A-sec.722\n\nsch 1A s 722 ins 1998 No. 38 s 9 (amd 1999 No. 35 s 55 )\nreloc 2012 No. 20 s 314\nom 2014 No. 47 s 478","sortOrder":1500}],"analysis":{"summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original 1989 Act focused on a relatively straightforward framework for mineral exploration and mining regulation. Over 35+ years of amendments it has expanded significantly in scope to include: coal seam gas and petroleum overlap provisions (added 2004); geothermal energy and greenhouse gas storage relationships (added 2009–2010); detailed native title protections and consultation rights (added 1999); complex land resumption rules protecting mining tenement interests (added 2012); underground coal gasification products as a new category of mineral (with a separate moratorium chapter); and alignment with Commonwealth personal property securities law. The Act now operates as part of an interconnected web of resource legislation rather than a standalone mining code."},"complexity_factors":["Extensive cross-referencing to multiple other Queensland Acts (Petroleum and Gas (Production and Safety) Act, Geothermal Energy Act 2010, Greenhouse Gas Storage Act 2009, Common Provisions Act, Nature Conservation Act 1992, Environmental Protection Act, Planning Act, Heritage Act, Building Act 1975, Offshore Minerals Act 1998, Fossicking Act 1994)","Multiple layered tenure types (prospecting permit, mining claim, exploration permit, mineral development licence, mining lease) each with distinct rules","Complex interaction rules for overlapping tenements — particularly between mining tenements and petroleum authorities, requiring different written consent rules depending on which type of authority is involved","Conditional definitions — the definition of 'mineral' varies depending on intended use (e.g. clay is only a mineral if mined for ceramic properties, limestone only if mined for chemical properties)","Historical context required — ownership of coal depends on whether land was alienated before 1 March 1910 and the terms of 19th century land grants under multiple repealed Crown Lands Acts","Interaction with Commonwealth law — the Act's geographic scope (including seabed, coastal waters, Commonwealth land) depends on what the Commonwealth Parliament has vested in Queensland from time to time","Native title overlay — separate rules for registered native title bodies corporate versus registered native title claimants, varying by section and permit type","Land resumption provisions — detailed rules about when and how mining tenement interests can be extinguished when land is compulsorily acquired, with 3-dimensional boundary descriptions permitted","Frequent amendments since 1989 (evident from amendment notes throughout), creating a patchwork of original and inserted provisions","Substantial portions of the Act not shown in this extract (chapters 2 onwards truncated), indicating further significant complexity beyond what is analysed here"],"plain_english_summary":"## What is This Law?\n\nThe **Mineral Resources Act 1989** is Queensland's main law governing who can search for, develop, and mine minerals across the state. It covers everything from a hobbyist using a metal detector on a paddock, all the way up to major coal and gold mining operations.\n\n## Who Does It Affect?\n\n- **Miners and mining companies** — anyone wanting to explore for or extract minerals in Queensland needs a permit or lease under this Act\n- **Landowners and farmers** — mining companies can access private land (with some restrictions), and landowners have rights to compensation and notice\n- **Indigenous Australians** — registered native title bodies and claimants have specific rights and must be consulted in many situations\n- **The Queensland Government (the Crown)** — owns most minerals in the ground and collects royalties from mining\n- **Local councils** — must be notified when mining tenements (legal rights to mine an area) are granted in their area\n- **Petroleum and gas companies** — the Act carefully manages overlaps between mining rights and petroleum rights on the same land\n\n## What Does It Actually Do?\n\n**1. Establishes who owns minerals**\nAlmost all minerals underground belong to the Queensland Government (called the 'Crown'), not the landowner. Gold always belongs to the Crown. Coal ownership depends on when the land was first sold by the government. This means even if you own land, you generally don't own what's underneath it.\n\n**2. Creates a permit/licence/lease system**\nThere are five types of authority to conduct mining activities, in order of seriousness:\n- **Prospecting permit** — for basic searching (metal detectors, hand tools)\n- **Mining claim** — small-scale mining\n- **Exploration permit** — systematic exploration over a larger area\n- **Mineral development licence** — between exploration and full mining\n- **Mining lease** — full-scale commercial mining\n\nEach has different rules about who can apply, what they can do, and what protections apply to landowners.\n\n**3. Manages competing land uses**\nThe Act tries to balance mining against other uses of land. Key rules include:\n- Mining authorisations generally override normal planning laws (you don't need a development approval from the council for most mining activities)\n- Heritage-listed places and certain nature conservation areas have extra protection\n- When mining rights overlap with oil/gas rights on the same land, written agreements are usually required between the different rights-holders before either can act\n\n**4. Protects landowners**\nIf the government compulsorily acquires (takes) land that has a mining tenement over it, the mining rights are not automatically cancelled — a specific decision must be made about whether to extinguish them. Importantly, miners **cannot** claim compensation based on the value of minerals in the ground — only the surface land value counts.\n\n**5. Environmental and financial obligations**\nMiners must rehabilitate damage to land improvements, and the State is entitled to royalties from what is extracted.\n\n## What Counts as a 'Mineral'?\nThe definition is broad — it includes gold, coal, oil shale, coal seam gas, limestone, silica, salt, marble, peat, and more. However, ordinary soil, sand, gravel, water, steam, and living matter are **not** minerals under this Act. Some substances (like clay or limestone) only count as minerals if used for their chemical or ceramic properties."},"kimi_summary":{"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1989 scope. Originally focused primarily on traditional hard-rock mining, the Act has been expanded to cover: coal seam gas (section 6(2)(c)), underground coal gasification (section 6(2)(f)), and complex interactions with petroleum, geothermal, and greenhouse gas storage legislation (sections 3A, 3B). The addition of detailed native title provisions (section 10A), resumption and compensation frameworks (sections 10AAA-10AAD), and exclusion from planning laws (section 4A) represent major expansions into areas not part of the original mining regulation framework."},"complexity_factors":["Extensive cross-referencing with other legislation including the Petroleum and Gas (Production and Safety) Act, Geothermal Energy Act 2010, Greenhouse Gas Storage Act 2009, Common Provisions Act, Nature Conservation Act 1992, and Commonwealth Native Title Act","Multiple nested conditional provisions for overlapping tenements (sections 3A, 3B) with different rules depending on the combination of mining and petroleum authority types","Complex succession rules for mining tenements when coastal boundaries change (section 4)","Detailed extinguishment provisions for mining interests when land is resumed/compulsorily acquired (sections 10AAA-10AAD) with partial extinguishment mechanisms","Multiple definitions of 'mineral' with specific inclusions and exclusions depending on use (section 6), including conditional status for clay, limestone, silica, and underground gasification products","Different consent requirements for different categories of prospecting permits and different land types (sections 19-20)","Extensive amendment history visible in section notes indicating frequent legislative changes since 1989","Specific provisions converting common law property concepts (joint tenants vs tenants in common) with statutory defaults (section 10AA)"],"plain_english_summary":"This is Queensland's **Mineral Resources Act 1989**, the primary law governing mining activities in the state. Here's what it does:\n\n**Core Purpose**\nThe Act establishes a comprehensive system for managing Queensland's mineral resources. It aims to encourage mining while ensuring environmental responsibility, fair financial returns to the state, and minimising conflicts with other land uses.\n\n**Who It Affects**\n- **Mining companies** seeking to explore or extract minerals\n- **Landowners** (both private and public) whose land may be affected by mining\n- **Native title holders** and traditional owners\n- **Local governments** and planning authorities\n- **Petroleum and gas operators** (where activities overlap)\n\n**Key Things It Does**\n\n*Sets up a licensing system:* The Act creates five types of mining authorities (legal permissions):\n- **Prospecting permits** – for basic searching and sampling\n- **Mining claims** – for small-scale mining\n- **Exploration permits** – for detailed searching across larger areas\n- **Mineral development licences** – for testing feasibility and preparing to mine\n- **Mining leases** – for full commercial extraction\n\n*Establishes Crown ownership:* Most minerals underground belong to the Crown (the State), regardless of who owns the surface land. This means miners need a state licence even if they own the land above.\n\n*Manages overlapping interests:* The Act includes detailed rules for when mining activities overlap with:\n- Petroleum and gas operations\n- Geothermal energy projects\n- Carbon capture and storage\n- Native title rights\n- Resumed (compulsorily acquired) land\n\n*Environmental and land use protections:* The Act requires rehabilitation of damaged land and sets rules for how miners must interact with landowners, including requirements for written consent to enter certain lands.\n\n*Exempts mining from planning laws:* Generally, the Planning Act doesn't apply to mining development, though heritage protections and building standards still apply.\n\n**Why It Matters**\nThis Act balances economic development with environmental protection and landowner rights. It determines who can dig where, what they must pay the state, how they must fix damage they cause, and how competing land uses (farming, conservation, gas extraction) are prioritised."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act’s mechanical scope extends beyond a simple permissioning framework to include specific prohibitions, suspensions and targeted allocation windows and to integrate detailed coordination with other resource laws. The stated objectives (encourage mining, protect environment, secure State return) (s.2) remain the organising aims, but the text also: (1) imposes moratoria and suspensions on particular minerals/lands and special transfer/renewal rules (pt13, ss.334E–334O; ss.334ZE–334ZF); (2) requires development plans and threshold governance for prescribed minerals, adding a planning and project‑approval layer (ss.317F–317N; ss.318DT–318DG); (3) creates explicit coordination, notice and co‑existence requirements where mining interests overlap petroleum/geothermal/GHG tenures and authority holders (ss.3A, 271AB, 318ELBS–318ELBT); and (4) clarifies holders’ underground water rights and monitoring obligations (ss.334ZP–334ZR). Those provisions expand the Act’s remit from granting access and setting standard controls to actively managing coexistence with other resource regimes, applying temporal or geographic exclusions, and imposing structured project planning obligations."},"complexity_factors":["Multiple tenement types with distinct procedural regimes (prospecting permit, exploration permit, mineral development licence, mining lease, mining claim) (s.6D; parts on EPs, MDLs, leases).","Extensive cross‑referencing and interaction with other statutes (Common Provisions Act, Petroleum Acts, Geothermal Energy Act, Greenhouse Gas Storage Act, Environmental Protection Act, Water Act) creating layered regulatory regimes (ss.3A, 3B, 3BA, 3BB; s.318ELB).","Detailed, prescriptive application, notification and public objection procedures requiring multiple notices, declarations and Land Court referrals (ss.245, 252–252C, 260–266).","Area management rules requiring staged relinquishment and possible Ministerial directions or deferrals tied to higher‑tenure applications (ss.139, 139A, 140).","Extensive executive discretion (Minister and chief executive) to grant/refuse, impose/vary conditions, call for security, suspend obligations and decide excluded land (e.g. ss.136S, 137, 141A, 141BA, 144, 277).","Complex financial regime combining rents, security, royalties, fees and refundable arrangements with rules on use/refund and third‑party security instruments (ss.26, 138, 144, 277, s.26(7), s.26(15)).","Prescribed development‑plan regime for prescribed minerals and threshold rules, with staged approvals and possible cancellations for failure to lodge (ss.317F–317N, 318DT–318DG).","Special moratoria, targeted exclusive application windows and transitional provisions that alter grantability for specific lands or minerals (pt13, ss.334E–334O, ss.334ZE–334ZF and transitional sections in pt18).","Separate remedial/entry regimes for abandoned mine sites and final rehabilitation sites with different notice/consent/compensation rules (ss.344–346), and seizure/sale powers for unauthorised mining (s.343)."],"plain_english_summary":"# What this law does, who it affects, and how it works\n\nThis Act sets out the rules for finding, exploring and mining minerals in the State. It: defines what counts as a mineral and a mine (s.6; s.6A); declares the Crown’s ownership of most minerals and how mining rights relate to land titles (s.8–s.10); establishes the types of mining authority (prospecting permit, mining claim, exploration permit, mineral development licence, mining lease) and the main steps to get, keep, vary or surrender them (s.6D; parts on permits, EPs, MDLs and leases); prescribes duties about access, notifications, compensation and restoration; and creates enforcement, security, rental and royalty regimes (for example s.26, s.138, s.144, s.277, s.44). It also creates procedural paths for disputes to be heard in the Land Court (s.363, ch.6 procedures) and powers to seize and deal with property involved in unauthorised mining (s.343).\n\nMechanically, the Act works like this\n\n- Granting and renewal: Applicants file detailed, prescribed applications and supporting materials (work programs, development plans for prescribed minerals, proof of identity, maps) (e.g. ss.245, 246, 317J, 318DT). The Minister or the chief executive may require further information, may refuse, grant with conditions, or refer matters to the Land Court where objections exist (ss.252–266; ss.317L, 317N). Renewal and continuation rules keep tenements in force while applications are decided provided rents and conditions are complied with (e.g. ss.147C, 197C).  \n\n- Financial guarantees and payments: Holders must pay rents, prescribed royalties and fees and deposit security to cover compliance, restoration and State‑payable amounts. The Minister or chief executive decides the security amount, may call for further security and may use security to remedy damage (ss.26, 138, 144, 277, 162).  \n\n- Conditions and controls: Tenements carry mandatory standard conditions (access, restoration, reporting) and the Minister can add or vary conditions (including after change of control) and require work programs or development plans for prescribed minerals (ss.141, 141BA, 141C, 317F–317N, 318DG). The Minister may refuse grants or renewals on public interest grounds (ss.136S(5), 197A(5)).  \n\n- Area management: Exploration permits are subject to staged area relinquishment (50% at year 5, further 50% at year 10) unless Minister directs otherwise or deferral applies when higher‑tenure applications are pending (ss.139, 139A, 140).  \n\n- Overlaps, coordination and constraints: The Act sets out how mining tenements interact with petroleum, geothermal and greenhouse gas tenures (ss.3A, 3B, 318ELB–318ELBT), including requirements for written agreements, consultation and coordination arrangements. Special purpose rules (co‑existence plans, arbitration) apply where later tenements would sit inside areas of existing authorities (s.271AB).  \n\n- Special restrictions and transitional measures: The Act contains targeted prohibitions, moratoria and transitional arrangements that limit grant or activity in specified lands or for specified minerals (for example the oil shale moratorium and related suspension/renewal rules in pt13, ss.334E–334O; limited application/grant windows for particular prescribed land in ss.334ZE–334ZF).  \n\n- Rights to water and monitoring: Holders of MDLs or leases may take or interfere with underground water for authorised mining activities but must measure/report volumes and meet underground water obligations; water‑monitoring authorities can be granted for land outside the tenement for compliance (ss.334ZP–334ZV).  \n\n- Abandoned sites and remediation: The chief executive can authorise remediation/rehabilitation activities on abandoned mine sites or final rehabilitation sites, including entry powers, notice/consent rules and Land Court compensation processes (ss.344–s.346).  \n\nWhat the Act says it intends and how that maps to costs and incentives\n\n- Stated objectives: encourage and facilitate prospecting, exploration and mining; improve knowledge of State resources; minimise land‑use conflict; encourage environmental responsibility; ensure appropriate financial return to the State; and provide an administrative framework to regulate and expedite activities (s.2). These are claims of purpose. The Act implements them by creating rights to explore and mine subject to procedural controls, financial obligations and environmental/land access conditions (s.2; see mechanics above).  \n\n- Who pays: Applicants and holders pay application fees, annual rental, royalties, prescribed fees, and security deposits that may be used by the State to rectify damage or secure payment of State amounts (ss.26, 138, 144, 277, 162). Owners of land may be entitled to compensation under the Act or may negotiate agreements; the State can also be directed to pay in narrowly defined guarantee schemes (e.g. Collingwood Park guarantee—s.334R).  \n\n- Who decides: The Minister has primary discretionary decision‑making power to grant, refuse, condition or cancel tenements and to set security and other conditions (e.g. ss.136S, 137, 141A, 144, 197A, 209, 276, 277). The chief executive administers registration, notices, security collection/use and some procedural decisions (e.g. ss.26, 252, 252A, 144). The Land Court handles objections, compensation and many contested access/consent questions (ch.6, ss.317, 281, 346, 363).  \n\n- Incentives and trade‑offs:  \n  - Financial security and rental requirements reduce the holder’s free capital and create incentives to prioritise economically viable work programs (ss.26, 138, 144).  \n  - Area reduction rules (s.139) force holders to concentrate activity on high‑priority sub‑blocks or seek higher tenure, producing an incentive to convert exploration success into development applications.  \n  - Development‑plan and prescribed‑mineral regimes (ss.317F–317N; ss.318DT–318DG) impose upfront planning and reporting obligations for larger or prescribed projects, shifting costs onto holders and enabling the State to consider resource optimisation and infrastructure needs when decisions are made.  \n  - Overlap coordination rules (ss.3A, 271AB, 318ELB) create negotiation and, in some cases, arbitration paths where multiple resource interests overlap; this modifies how private parties can contract and operate, by requiring coordination or consent.  \n\n- Compliance burden and discretion: The Act creates a mix of prescriptive steps (detailed application content, public notices, time limits, mandatory area reductions) and broad executive discretion (grant/refusal on public interest grounds; condition imposition; security calls; non‑compulsory negotiations) (e.g. ss.245, 252A, 139, 136S(5), 141A, 144, 271AB). That combination increases administrative requirements for applicants and gives the Minister and chief executive substantial decision space to tailor outcomes.  \n\n- Effects on private enterprise and markets:  \n  - The Act recognises private extraction rights subject to Crown ownership of minerals (ss.8–10) and transfers certain property of minerals to holders when lawfully mined (s.43).  \n  - Mandatory royalties, rents and security are explicit costs that affect project economics and capital allocation (ss.138, 44, 26, 144, 277).  \n  - Development plans and coordination requirements can change the timing and scale of projects and shape infrastructure and investment planning (pt9, pts. 9–10 and ss.318DT–318DG).  \n  - Overlap and native title protection conditions can constrain unilateral operational choice and require negotiations or conditions (ss.141AA, 141B, 271AB, 276B).  \n\nConcentrated benefits, diffuse costs and procedural risks (mechanisms, not judgements)\n\n- Concentrated benefits: Successful grantees that obtain a tenement with development rights gain exclusive operational and mineral‑extraction opportunities; the Act provides mechanisms to assign and protect those rights (ss.234, 235, 236, 243 et seq.).  \n\n- Diffuse costs: The State recovers value through royalties, rentals and conditions (ss.44, 138, 277). Landowners/community interests face potential disruption and bear transaction and negotiation costs; the Act sets out compensation and access procedures (Common Provisions Act cross‑references; ss.317, 281, 345–346).  \n\n- Implementation and procedural risk: The Act relies on multi‑step processes (public notices, prescribed forms, approval of work programs or development plans, Land Court hearings), which create multiple timing points where decisions can be delayed or redirected (ss.252–266; ss.317J–317N). Discretionary powers to vary conditions or require extra security (ss.141A, 141BA, 144, 277) mean outcomes depend on administrative judgement and information provided by applicants and holders.  \n\nExamples of concrete tradeoffs and opportunity costs in the Act\n\n- Security deposits lock up capital that otherwise could be invested in exploration or development; the State may keep or spend that security to remedy damage or compliance failures (ss.26(5), 144(5), 277).  \n\n- Area relinquishment reduces speculative landholding and compels faster exploration focus, but forces surrender of acreage that might later prove valuable (s.139).  \n\n- Development plans for prescribed minerals increase preparatory costs and reporting obligations for larger projects but give the State more visibility to coordinate infrastructure and resource planning (ss.317F–317N; ss.318DT–318DG).  \n\n- Overlap/co‑existence rules limit unilateral operation where other resource tenures exist (ss.3A, 271AB, 318ELBS). Parties must negotiate co‑existence plans or submit to arbitration, changing contractual freedom and operational sequencing.  \n\nKey implementation points to watch (concrete, source‑grounded)\n\n- Minister and chief executive discretion over security, conditions and exclusion of land (e.g. ss.137AB, 141A, 144, 277) drives outcomes — applicants must expect iterative requirements and possible additional security calls.  \n\n- Land Court procedures for objections, access disputes, development‑plan approvals and compensation are central to contested matters (ss.252–266; ss.317–317K; ss.345–346; s.363).  \n\n- Special‑purpose limitations (moratoria, prescribed‑person application windows, and targeted cancellation/validation provisions) change who may apply or what activity is allowed in specified areas or periods (pt13 ss.334E–334O; ss.334ZE–334ZF; ss.334ZO, 334ZOA).  \n\nBottom line (mechanical summary):\n\nThe Act establishes a detailed permissioning system for prospecting, exploration and mining, with procedural steps, public notice/objection paths, financial obligations (rents, security, royalties), compulsory area management rules, development‑plan and reporting regimes for larger/prescribed projects, and specific coordination rules where mining overlaps with petroleum, geothermal or GHG authorities. The Minister and chief executive are the primary decision makers; holders bear most direct financial obligations and operational responsibilities; the Land Court resolves contested matters. (See especially ss.2, 6, 8–10, 26, 138, 144, 252–266, 317–317N, 271AB, 334E–334O.)"}},"importantCases":[],"_links":{"self":"/api/acts/mineral-resources-act-1989","history":"/api/acts/mineral-resources-act-1989/history","analysis":"/api/acts/mineral-resources-act-1989/analysis","conflicts":"/api/acts/mineral-resources-act-1989/conflicts","importantCases":"/api/acts/mineral-resources-act-1989/important-cases","documents":"/api/acts/mineral-resources-act-1989/documents"}}