The Act defines "mineral" in section 6(1) as a substance that normally occurs naturally as part of the earth's crust, or is dissolved or suspended in water on or within the crust, or is extractable from such water. Section 6(2) includes specific substances such as clay, foundry sand, coal seam gas, limestone, marble, products of underground gasification (mineral (f)), peat, salt or brine, oil shale, silica or silica sand, and block or slab rock for building or monumental purposes. Section 6(3) excludes or limits certain materials, including clay only when mined for its ceramic properties, limestone or silica only when mined for chemical properties, mineral (f) only under specific conditions on a mineral development licence or mining lease, soil, sand, gravel or rock when used as such, living matter, and steam or water.
"Mine" is defined in section 6A as carrying on an operation to win a mineral from its place of occurrence, to extract it from its natural state, or to dispose of the mineral or waste in connection with those activities. Extraction includes physical, chemical, electrical or magnetic separation processes such as crushing, grinding, concentrating, heap leaching, flotation, carbon-in-leach or carbon-in-pulp. The definition excludes smelting or refining that changes the chemical composition, small-scale assaying or testing (except on a mining lease), and prescribed non-direct activities.
"Prospect" means finding out the existence, quality or quantity of minerals using a metal detector or similar handheld instrument or by sampling with handheld implements only, excluding hand mining or removal for sale (s.6B). "Carrying out improvement restoration" means repairing pre-existing improvements damaged by tenement activity to the same or substantially the same condition, or replacing them with equivalent improvements, excluding damage to which the Environmental Protection Act 1994 rehabilitation or remediation provisions apply (s.6C).
An "eligible person" is a person who may hold an authority under the Act, with educational institutions treated as eligible only for educational or training activities under a permit, claim or lease (s.7). Gold is always Crown property. Coal is Crown property except in fee-simple alienations before 1 March 1910 without reservation (with a specific exception under the Agricultural Lands Special Purchase Act 1901). Other minerals are Crown property except in specified pre-1872 alienations. Deeds or grants of unallocated State land must reserve minerals and access rights, and minerals in roads become Crown property (s.8). The Crown has the exclusive right to grant leases or agreements authorising prospecting, exploring or mining, irrespective of mineral ownership, and compensation agreements do not authorise activities (s.9). The grant of a mining tenement does not create an estate or interest in land (s.10).
Mining tenements may be held by joint tenants or tenants in common, with default recording as tenants in common if not specified (s.10AA). References to "owner of land" in specified provisions extend to a registered native title body corporate or claimant under the Native Title Act 1993 (Cwlth) (s.10A). Resumption of land (other than easements) does not extinguish mining tenement interests except to the extent stated in the resumption notice. The Minister may extinguish interests only if they are incompatible with the taking purpose, including where all interests or native title must be extinguished. Partial extinguishment by exclusion or activity prohibition is permitted, and interests convert to compensation claims (sections 10AAA to 10AAD).
Exploration permits authorise entry to specified sub-blocks, normally contiguous, with area limits prescribed per mineral (s.127). Work programs may be activities-based or outcomes-based (s.130AA). Mineral development licences and mining leases authorise mining and associated activities, with development plans required for prescribed minerals (chapter 6 part 1A). Competitive tender processes apply for certain exploration permits and mining leases (sections 136A to 136L and chapter 6 part 1B). Aurukun project licences and leases are subject to specific agreement requirements (sections 231A to 231J and 318AAA to 318AAM). Byerwen mine leases carry mandatory phased worker accommodation conditions (section 334ZJN).