sec.276General conditions of mining lease

### sec.276 General conditions of mining lease 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. 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. The Minister may grant a mining lease without the imposition of the conditions specified in subsection (1) (c) and (i) . 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. Conditions may be imposed in respect of a mining lease that require compliance with specified codes or industry agreements. 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. 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. s 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 (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. (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. (sec.276-ssec.2) The Minister may grant a mining lease without the imposition of the conditions specified in subsection (1) (c) and (i) . (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. (sec.276-ssec.4) Conditions may be imposed in respect of a mining lease that require compliance with specified codes or industry agreements. (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. (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. - (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 - (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 - (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 - (c) a condition that the holder must carry out improvement restoration for the mining lease; and - (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 - (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 - (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 - (i) rubbish and debris are removed from the surface and waste is properly stored; and - (ii) equipment is stored in an orderly way; and - (g) a condition that the holder shall furnish as required under this Act all prescribed reports, returns, documents and statements whatever; and - (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 - (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 - (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 - (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 - (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 - (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 - (m) a condition that the holder shall comply with this Act and other mining legislation; and - (n) a condition prescribed by regulation; and - (o) such other conditions as the Minister determines. - (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 - (i) rubbish and debris are removed from the surface and waste is properly stored; and - (ii) equipment is stored in an orderly way; and - (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