sec.231GConditions of mineral development licence (194)

### sec.231G Conditions of mineral development licence (194) 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. Without limiting subsection (1) , the Minister may decide a condition of the licence if the Minister considers the condition is in the public interest. The Minister may, from time to time and with the agreement of the holder, vary any condition imposed by the Minister. 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. 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. Conditions requiring compliance with stated codes or industry agreements may be imposed on the licence. 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. s 231G ins 2006 No. 31 s 4 amd 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 (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. (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. (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. (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. (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. (sec.231G-ssec.6) Conditions requiring compliance with stated codes or industry agreements may be imposed on the licence. (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. - (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 - (i) comply with the mandatory provisions of the land access code to the extent it applies to the holder; and - (ii) ensure any other person carrying out an authorised activity for the mineral development licence complies with the mandatory provisions of the land access code; and - (b) if the holder uses land outside the boundary of the area of the mineral development licence for access to the area of the mineral development licence, a condition that the holder may use the land only for the following purposes— (i) to transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mineral development licence; (ii) to transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder; (iii) to construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii) ; and - (i) to transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mineral development licence; - (ii) to transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder; - (iii) to construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii) ; and - (c) a condition that the holder must carry out the activities, if any, for which the licence was granted and in accordance with this Act and the conditions of the licence and for no other purpose; and - (d) a condition that the holder must carry out improvement restoration for the licence; and - (e) a condition that the holder, before the licence ends for whatever cause, must remove all equipment and plant on or in the area of the licence unless otherwise authorised in writing by the Minister; and - (f) a condition that without the prior approval in writing of the Minister the holder must not obstruct or interfere with any right of access had at any time during the term of the licence by any person in relation to the area of the licence for so long as that right of access is exercised; and - (g) a condition that the holder is not to transfer or mortgage the licence, or any part of it, unless the Minister is satisfied that any approval or consent required under the relevant Aurukun agreement has been given; and - (h) a condition that the holder must, when the Minister requires, give to the Minister— (i) progress and final reports, accompanied by maps, sections, charts and other data giving full particulars and results of activities carried out on the area stated by the Minister, including details of costs incurred for stated periods within the term of the licence; and (ii) materials obtained because of the holder’s activities under the licence; and - (i) progress and final reports, accompanied by maps, sections, charts and other data giving full particulars and results of activities carried out on the area stated by the Minister, including details of costs incurred for stated periods within the term of the licence; and - (ii) materials obtained because of the holder’s activities under the licence; and - (i) a condition that the holder— (i) pays the rental prescribed under a regulation; and (ii) deposit, as required by the Minister, any security from time to time under this Act; and - (i) pays the rental prescribed under a regulation; and - (ii) deposit, as required by the Minister, any security from time to time under this Act; and - (j) a condition that the holder must comply with this Act, other mining legislation and the At Risk agreement; and - (k) any other conditions stated in the relevant Aurukun agreement to be conditions of the licence; and - (l) any other conditions decided by the Minister. - (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 - (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 - (i) progress and final reports, accompanied by maps, sections, charts and other data giving full particulars and results of activities carried out on the area stated by the Minister, including details of costs incurred for stated periods within the term of the licence; and - (ii) materials obtained because of the holder’s activities under the licence; and - (i) 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