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).

The Act applies to all natural persons, whether Australian citizens or not and whether resident in Australia or a Territory or not, and to all corporations, whether incorporated or carrying on business in Australia or a Territory or not (s.7(1) of the related Minerals (Submerged Lands) Act 1981 context, but directly through the application provisions in s.3). It binds the Crown in right of the State (implied through Crown property and grant provisions in sections 8 and 9). Eligible persons may apply for and hold authorities (s.17 for prospecting permits, s.128 for exploration permits, s.233 for mining leases). Educational institutions are eligible only for specified educational or training activities (s.7).

Land owners, occupiers and native title parties are directly affected. References to "owner of land" in chapter 2 (except sections 19(1) and 34), section 31, sections 34, 125, 231(9) and 317, section 386X and schedule 1 (except section 4) extend to registered native title bodies corporate and claimants (s.10A). Owners must consent to certain entries and activities, such as parcel prospecting permits on reserves (s.19), hand mining on occupied land (s.19), and restricted land surface for mining leases (s.238). Occupiers may consent in specified circumstances where owners are uncontactable (s.20). Native title protection conditions and indigenous land use agreement conditions may be imposed on prospecting permits (sections 25AA and 25A).

Holders of overlapping or adjacent tenements are affected. Exploration permit holders must consent to entry within 50 metres laterally of their activities (s.19). Existing exploration permit, mineral development licence or mining lease holders must consent to later applications for the same minerals or specific-purpose leases (s.248). Earlier applicants' consent or views are required for later mining lease applications (s.249). Coal and oil shale tenement holders are subject to additional coordination and public interest requirements (chapter 8, including sections 318AB to 318AL).

The State, through the Minister and chief executive, administers grants, conditions, security, directions and enforcement. Local governments receive notifications of grants and renewals for planning scheme purposes (s.4B). The Land Court has jurisdiction over disputes, compensation and appeals (s.363 and various appeal provisions such as sections 38 to 42, 317W). Environmental authority holders under the Environmental Protection Act 1994 interact through conditions, rehabilitation and surrender requirements (sections 210(5), 214, 230). Water monitoring authorities affect land owners outside tenement areas (chapter 12A part 2). Aurukun project participants are bound by Aurukun agreements (sections 231G, 231I, 318AAH, 318AAK). Byerwen mine operators must comply with specific accommodation conditions (section 334ZJN(4)).

Holders of prospecting permits may enter land for pegging mining claims or leases, prospecting or hand mining (non-coal), and reasonable transport and access (s.18). Parcel permit holders require owner consent for reserve surface prospecting, while district permit holders require consent for occupied land (s.19). Hand mining on occupied land requires owner consent. Entry within 50 metres of exploration permit activities requires the exploration permit holder's consent (s.19). Consents may be conditional, amendable or withdrawable by written notice (s.20). Permit holders must comply with improvement restoration conditions, prescribed conditions and chief-executive-imposed conditions (s.25). Security must be provided before grant, with minimum prescribed amounts, and may be used for actual damage (sections 26 to 27). Compensation for damage, injury or loss may be recovered in the Land Court (s.28). Minerals from lawful hand mining become the holder's property, subject to royalty (s.43). Permit holders must produce the permit or copy on owner or agent request (s.46). Night entry on occupied land requires consent (s.47).

Exploration permit holders may enter the area with vehicles and equipment to facilitate exploration or remediate legacy boreholes, subject to the Common Provisions Act chapter 3 (s.129). They have priority consideration for later mining claims, mineral development licences or mining leases. Work programs must be complied with, and reporting is required (sections 231AA to 231AC). Mineral development licence holders may carry out activities to evaluate the mineralisation, with entitlements subject to conditions including improvement restoration and environmental authority requirements (sections 179 to 231). Surrender requires Minister consent after compliance with restoration and environmental authority cancellation (s.210(5)). On termination other than by surrender to a new tenement, plant vests in the State, with removal application rights within 20 business days or up to three months (sections 228 to 230).

Mining lease holders may enter the area and surface for lease purposes, including legacy borehole rehabilitation (s.235). Sand, gravel or rock on the lease area may be used for permitted purposes subject to conditions and royalty (s.236). Drilling or activities outside the surface area require separate approval (s.237). Restricted land surface requires owner consent at application lodgement (s.238). Development plans are required for prescribed mineral leases, with approval criteria including compliance with the current plan and public interest considerations for significant cessation or reduction (sections 317N, 317T, 317U). Aurukun project leases and licences require compliance with Aurukun agreements for transfers, mortgages and operations (sections 231G, 318AAH, 318AAK). Byerwen mine leases impose phased worker accommodation conditions in Glenden and on-lease restrictions (section 334ZJN(4)).

All holders must pay rent, royalties and rates, maintain security, comply with conditions, report as prescribed, and restore improvements on termination. Underground water rights allow taking or interference during authorised activities, subject to measurement, reporting and obligations (s.334ZP). Water monitoring authorities authorise bore activities outside the tenement area, with no right to discovered minerals (s.334ZZC). Holders must not interfere with authorised activities on overlapping tenements (s.334ZZB). Native title parties receive copies of certain directions (s.223(4)).

Non-compliance with consent conditions for prospecting permits carries a penalty, with executive officer liability for corporations (s.20). Failure to comply with improvement restoration directions on mineral development licence surrender or termination carries a maximum penalty of 500 penalty units (sections 210(7), 214(3)). Failure to produce a mineral development licence or copy on request suspends entitlements (s.216(3)). Non-compliance with a direction to apply for a mining lease may lead to cancellation (s.225(3)). Failure to measure, estimate or report underground water volumes carries a maximum penalty of 500 penalty units, with a similar penalty for failing to advise the administering department chief executive (s.334ZP). Interference with authorised activities on overlapping tenements under a water monitoring authority carries a maximum penalty of 1,000 penalty units, with executive officer liability (s.334ZZB). No interference with a water monitoring bore except by the owner or with consent carries a maximum penalty of 1,000 penalty units (s.334ZZK). Failure to decommission a bore before tenement end carries a maximum penalty of 500 penalty units (s.334ZZS).

Authorised officers may give written compliance directions to remedy or avoid contraventions of the Act or mandatory land access code provisions, with a maximum penalty of 500 penalty units for non-compliance and executive officer liability (sections 335A to 335C). Oral directions are possible with written confirmation. Internal review and appeal lie under the Petroleum and Gas (Production and Safety) Act 2004 chapter 12 as applied (s.335D). Authorised officers have powers of entry, search, questioning, production of records, seizure of minerals or equipment used in unauthorised mining, and may issue orders to remedy non-compliance (s.342). Warrants are required for dwelling entry. Seized items may be sold after notice if unclaimed, with proceeds applied to expenses, restoration and rehabilitation (s.343).

The Minister may cancel authorities for non-compliance, including failure to comply with Aurukun agreement conditions or Byerwen accommodation conditions (sections 231J, 308, 318AAL). The Land Court has jurisdiction over actions concerning prospecting, exploration, mining, tenements, boundaries, encroachment, trespass, damage, disputes between holders and owners, native title protection conditions, compensation, and debt or damages arising from activities (s.363). Appeals lie to the Land Court against refusal of grants, conditions, security, cancellation (sections 38 to 42), development plan refusals or deferrals (s.317W), and application transfer refusals (s.318AAZM). The Land Court may confirm, set aside or substitute decisions, with rehearing and natural justice requirements (s.318AAZQ).

The Act interacts with the Mineral and Energy Resources (Common Provisions) Act 2014 for access, compensation, dealings and disqualification of applicants (sections 3BA, 129, 133A, 211, 233A, 318AAZM). Chapter 3 of the Common Provisions Act governs access and compensation for mineral development licences (s.211) and exploration permits (s.129). The Environmental Protection Act 1994 governs environmental authorities, which must be cancelled or surrendered before mineral development licence surrender (s.210(5)), and rehabilitation and remediation on termination (sections 214, 230). Environmental conditions prevail over inconsistent mining conditions. The Water Act 2000 interacts through underground water rights (chapter 12A part 1), where taking or interfering with underground water during authorised activities is authorised for the Water Act (s.334ZR), and water monitoring authorities (chapter 12A part 2). Bore construction requires a licensed individual under the Water Act chapter 8 part 2B (s.334ZQ).

The Petroleum and Gas (Production and Safety) Act 2004 and Petroleum Act 1923 govern the relationship with petroleum authorities, including consent requirements for overlapping activities and coordination arrangements (s.3A, chapter 8 sections 318AJ, 318AL). The Geothermal Energy Act 2010 and Greenhouse Gas Storage Act 2009 relationships are governed by specific chapters (s.3B). The Nature Conservation Act 1992 sections 27 and 70QA apply (s.3BB). The Native Title Act 1993 (Cwlth) is engaged through extension of "owner of land" references (s.10A), native title protection conditions (s.25AA), indigenous land use agreements (s.25A), and compensation for remediation authorisations (s.348). The Planning Act 2016 does not apply to authorised development except for heritage places and certain building work (s.4A).

The Offshore Minerals Act 1998 defines baselines for the Act's application to submerged lands (s.3(1)). The Personal Property Securities Act 2009 (Cwlth) does not treat mining tenements as personal property (s.3C). The Building Act 1975 interacts with planning exemptions (s.4A). The State Development and Public Works Organisation Act 1971 defines the Coordinator-General for Byerwen mine provisions (s.334ZJN(9)). The Taxation Administration Act 2001 applies to royalty liabilities, with modifications for pre-commencement and post-commencement liabilities (sections 886 to 897). The Land Court Act and rules govern appeals and compensation proceedings (sections 317W, 318AAZQ, 363). The Criminal Code interacts with transitional offence continuation provisions (s.892).

Transitional provisions address amendments from the Mineral and Energy Resources and Other Legislation Amendment Act 2020. Section 854 allows undecided renewal applications for exploration permits made under former section 147 to supply missing work program information within three months, treating the former statement plus additional information as the proposed work program. Section 855 provides that former section 141C continues for variation applications during the current term, while new section 141C applies after. Applications for area reduction made before commencement are taken to be withdrawn. Section 856 limits the total of renewed terms after commencement to 10 years. Section 857 requires only 50 per cent area reduction for exploration permits renewed after commencement, by the day five years after the first renewal, with no reduction for certain coal permits subject to Common Provisions Act section 232.

Section 878 provides that chapter 6 part 1 as in force before the amending Act applies to undecided grant or renewal applications for prescribed mineral mining leases to which section 246 or 286AA applies. Section 879 provides a three-year transitional period for transitioning prescribed mineral mining leases, during which sections 317F and 317G do not apply until approval of an initial development plan or renewal. If the period ends without approval, lodging a compliant proposed plan with the relevant fee satisfies the condition. Section 880 deems leases granted or renewed after the transitional period to be prescribed mineral mining leases. Section 881 requires renewal applications during the transitional period to include a proposed initial development plan. Section 882 requires the Minister to decide approval of such plans under chapter 6 part 1A division 3 with necessary changes.

Section 883 requires conferences requested under former section 335G before commencement to proceed under chapter 13 part 2 as in force immediately before commencement. Section 884 deems authorisations under former section 344A to have been made under sections 344C or 344D. Sections 885 to 897 modify the application of the Taxation Administration Act 2001 to royalty liabilities, with pre-commencement liabilities assessed under former chapter 11 and post-commencement acts under the new regime, including non-application of certain provisions to pre-commencement liabilities. Section 899 provides that section 291 as in force from commencement applies to mining leases granted on or after commencement. Section 900 provides that section 291 as in force from commencement applies, and is taken to have always applied, to mining leases granted on or after 21 November 2022. Section 901 provides that section 276(1)(f) as inserted applies to mining leases whether granted before or after commencement.

The Act channels disputes through the Land Court rather than creating named case precedents in the source text. Section 363 confers jurisdiction on the Land Court over actions and proceedings concerning prospecting, exploration, mining, activities under section 386V, tenements and authorities, including possession, shares, mineral entitlements, boundaries, encroachment, trespass, damage, disputes between applicants, holders and owners, native title protection condition disputes, compensation determination and enforcement, section 344D authorisations, and debt or damages arising from activities (excluding wages or industrial awards). Appeals lie to the Land Court against refusal of prospecting permits, conditions, variation, security, use of security and cancellation (sections 38 to 42), with powers to confirm, set aside or substitute decisions, including granting with conditions, and provision for stays and rehearings.

For development plans, section 317W confers appeal rights to the Land Court against refusal to approve an initial or later development plan or against deferral decisions or surrender conditions under section 317U, applying the Petroleum and Gas (Production and Safety) Act 2004 chapter 12 part 2 with necessary changes. For application transfers, section 318AAZM confers appeal rights to the Land Court for refusal of approval, prescribed dealing decisions under Common Provisions Act section 19(2), and indicative approval decisions under Common Provisions Act section 23(3). Appeals must be filed within 20 business days after notice or awareness, with the Land Court able to extend time (s.318AAZN). The Land Court may grant stays on conditions (s.318AAZP), exercises the same powers as the Minister, is not bound by evidence rules, must afford natural justice, and may hear matters in court or chambers (s.318AAZQ). It may confirm, set aside and substitute, or set aside and remit with directions (s.318AAZR).

Compensation for damage under prospecting permits is determined in the Land Court, taking security payments into account (s.28). For remediation authorisations under section 344D, the Land Court fixes compensation for matters in section 281(3)(a)(i) to (vi) with modifications, applying sections 282 to 283 with changes (sections 346 to 347). Native title compensation under the Native Title Act 1993 (Cwlth) is payable by environmental authority holders for section 344D authorisations (s.348). Specific provisions limit Land Court consideration of Aurukun agreements to eligibility issues only (s.318AAE). Overlapping tenement disputes, restricted land consents (s.238), and public interest considerations in grants and development plans (sections 136K, 317T, 318AK) provide avenues for challenge through these mechanisms.

Prospecting permits are non-transferable (s.33). Parcel permits require owner consent for certain activities, and consents may be withdrawn (sections 19 and 20). District permits allow broader entry but still require consent for occupied land and hand mining. Exploration permit applications over land subject to current authorities for the same mineral or recent prior permits are excluded (s.131). Competitive tender processes for coal exploration permits and certain mining leases require cash bids or special criteria, with preferred tenderer revocation possible for non-compliance (sections 136J, 317ZI). Mineral development licence surrender is ineffective without Minister consent after improvement restoration and environmental authority cancellation (s.210(4)-(5)). Part surrender requires an acceptable plan of the retained area (s.210(3)).

Mining lease applications over existing tenements require consent for same minerals or specific-purpose leases, with views required for different minerals (s.248). Restricted land surface consent is irrevocable after lodgement (s.238). Released exploration permit land carries a two-month restriction on mining lease applications exceeding 300 hectares total (s.239). Prescribed mineral mining leases require development plans, with refusal or deferral possible for significant cessation or reduction unless reasonable steps were taken or surrender conditions imposed (sections 317T, 317U). Aurukun project licences and leases require Aurukun agreement approval for transfers, mortgages and operations, with termination of the agreement allowing cancellation (sections 231I, 231J, 318AAK, 318AAL). Byerwen mine leases impose non-variable phased accommodation conditions and eventual decommissioning-only use (section 334ZJN(4), (7)).

Underground water rights are limited to activities during or resulting from authorised operations, with mandatory measurement, estimation, reporting and immediate advice to the department (s.334ZP). Water monitoring authorities do not confer rights to discovered minerals (s.334ZZC) and prohibit interference with overlapping tenement activities (s.334ZZB). Plant vests in the State on termination, with limited removal windows and sale proceeds applied in priority order (sections 228 to 230). Security may be retained for subsequent tenements (s.224). Directions to remedy contraventions or apply for mining leases carry cancellation risks (sections 225, 335A). Transitional provisions create temporary compliance pathways for work programs and development plans that lapse after set periods.

Applicants must lodge approved forms with the chief executive, including identity proof, fees, land descriptions meeting section 386R requirements, work programs or mining programs, financial and technical resources statements, and boundary definitions (sections 21, 133, 245, 317ZB). For exploration permits, statements of exploration data and justifications for non-contiguous or excess areas are required (s.133). Coal exploration permits and certain mining leases require tender processes with cash bids where applicable (sections 136E, 317ZB). Mining lease applications require owner details, current land use, erosion control statements, visual representations, term reasons, and infrastructure proposals (s.245). Existing authority holder consent or views must be obtained and lodged before the last objection day (s.248). Restricted land surface consent must be lodged with the application (s.238).

Holders must maintain security deposits at prescribed minimums, with further security possible, and allow use for damage rectification (sections 26, 190). Improvement restoration conditions must be complied with on termination or surrender (sections 25, 210(5), 214). Environmental authorities must be obtained and maintained, with cancellation or surrender required before certain surrenders (s.210(5)). Work programs or development plans must be followed, with reporting of activities, partial surrenders and final summaries as prescribed (sections 231AA to 231AC). Underground water volumes must be measured, estimated and reported, with immediate advice on exercise of rights (s.334ZP). Water monitoring bores must be constructed by licensed individuals and decommissioned before tenement end (sections 334ZQ, 334ZZS).

For Aurukun projects, all transfers, mortgages and operations require Aurukun agreement approval (sections 231I, 318AAK). Byerwen mine lease holders must submit annual compliance reports on accommodation conditions by 1 July each year until 2029 and phase workers into Glenden accommodation (section 334ZJN(4)). Native title protection conditions and indigenous land use agreement conditions must be observed (sections 25AA, 25A). On entry, permits or copies must be produced on request (sections 46, 216). Night entry on occupied land requires consent (s.47). Surrender applications require approved-form notices, fees, plans for part surrenders, and proof of restoration compliance (s.210(3)). Plant removal applications must be made within 20 business days or up to three months after termination (s.229). Disputes and compensation claims should be pursued through the Land Court under section 363, with appeals filed within prescribed times. Record-keeping for royalties, rents and reports must align with Taxation Administration Act 2001 requirements as modified by transitional provisions.