QLDIn ForceAct
Mineral Resources Act 1989
sec.235General entitlements of holder of mining lease
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### sec.235 General entitlements of holder of mining lease
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.
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) .
s 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
(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.
(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) .
- (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;
- (i) within the area of the mining lease; and
- (ii) upon the surface area comprised in the mining lease;
- (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.
- (i) within the area of the mining lease; and
- (ii) upon the surface area comprised in the mining lease;