sec.318AAHGeneral conditions of mining lease (276)

### sec.318AAH General conditions of mining lease (276) Each mining lease is subject to— a condition that the holder must use the area of the lease for the purpose for which the lease was granted and in accordance with this Act and the conditions of the 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 lease; and a condition that the holder, before the end of the lease for whatever cause, must remove any building or structure purported to be erected under the authority of the lease and all mining equipment and plant, on or in the area of the lease unless otherwise approved by the Minister; and a condition that without the prior approval of the Minister the holder must not obstruct or interfere with any right of access had by any person in relation to the area of the lease; and a condition that the holder is not to transfer, mortgage or sublease the lease, 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 give, in the way prescribed under a regulation, all reports, returns, documents and statements prescribed under a regulation; 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 if the lease is over land that is a reserve—a condition that the holder comply with the terms and conditions on which the consent of the owner or the Governor in Council to the grant of the lease was given; and if the area of the 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; a condition that the holder make all payments of compensation and comply with all terms of any agreement or determination relating to compensation at the time or times agreed or determined under section 279 , 281 or 282 ; and a condition that the holder— pay the rental prescribed under a regulation; and pay the royalty prescribed under a regulation; and pay all local government rates and charges lawfully chargeable against the holder for the area of the lease; and deposit, as required by the Minister, any security from time to time under this Act; and a condition that the holder 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 lease; and any other conditions decided by the Minister. Without limiting subsection (1) , the Minister may decide a condition of the mining lease if the Minister considers the condition is in the public interest. Each mining lease may be subject to a condition that mining operations under the lease commence within a stated period after its grant. Conditions requiring compliance with stated codes or industry agreements may be imposed for each mining lease. Despite subsections (1) to (4) , a condition must not be imposed if it is the same, or substantially the same, or inconsistent with, a relevant environmental condition for the lease. s 318AAH ins 2006 No. 31 s 5 amd 2008 No. 56 s 68 ; 2012 No. 20 ss 213 , 125 sch 1 ; 2013 No. 10 s 65 ; 2016 No. 10 s 10 ; 2014 No. 47 s 456 ; 2018 No. 24 s 131 (sec.318AAH-ssec.1) Each mining lease is subject to— a condition that the holder must use the area of the lease for the purpose for which the lease was granted and in accordance with this Act and the conditions of the 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 lease; and a condition that the holder, before the end of the lease for whatever cause, must remove any building or structure purported to be erected under the authority of the lease and all mining equipment and plant, on or in the area of the lease unless otherwise approved by the Minister; and a condition that without the prior approval of the Minister the holder must not obstruct or interfere with any right of access had by any person in relation to the area of the lease; and a condition that the holder is not to transfer, mortgage or sublease the lease, 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 give, in the way prescribed under a regulation, all reports, returns, documents and statements prescribed under a regulation; 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 if the lease is over land that is a reserve—a condition that the holder comply with the terms and conditions on which the consent of the owner or the Governor in Council to the grant of the lease was given; and if the area of the 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; a condition that the holder make all payments of compensation and comply with all terms of any agreement or determination relating to compensation at the time or times agreed or determined under section 279 , 281 or 282 ; and a condition that the holder— pay the rental prescribed under a regulation; and pay the royalty prescribed under a regulation; and pay all local government rates and charges lawfully chargeable against the holder for the area of the lease; and deposit, as required by the Minister, any security from time to time under this Act; and a condition that the holder 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 lease; and any other conditions decided by the Minister. (sec.318AAH-ssec.2) Without limiting subsection (1) , the Minister may decide a condition of the mining lease if the Minister considers the condition is in the public interest. (sec.318AAH-ssec.3) Each mining lease may be subject to a condition that mining operations under the lease commence within a stated period after its grant. (sec.318AAH-ssec.4) Conditions requiring compliance with stated codes or industry agreements may be imposed for each mining lease. (sec.318AAH-ssec.5) Despite subsections (1) to (4) , a condition must not be imposed if it is the same, or substantially the same, or inconsistent with, a relevant environmental condition for the lease. - (a) a condition that the holder must use the area of the lease for the purpose for which the lease was granted and in accordance with this Act and the conditions of the 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 lease; and - (d) a condition that the holder, before the end of the lease for whatever cause, must remove any building or structure purported to be erected under the authority of the lease and all mining equipment and plant, on or in the area of the lease unless otherwise approved by the Minister; and - (e) a condition that without the prior approval of the Minister the holder must not obstruct or interfere with any right of access had by any person in relation to the area of the lease; and - (f) a condition that the holder is not to transfer, mortgage or sublease the lease, 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 - (g) a condition that the holder give, in the way prescribed under a regulation, all reports, returns, documents and statements prescribed under a regulation; 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) if the lease is over land that is a reserve—a condition that the holder comply with the terms and conditions on which the consent of the owner or the Governor in Council to the grant of the lease was given; and - (j) if the area of the 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; - (k) a condition that the holder make all payments of compensation and comply with all terms of any agreement or determination relating to compensation at the time or times agreed or determined under section 279 , 281 or 282 ; and - (l) a condition that the holder— (i) pay the rental prescribed under a regulation; and (ii) pay the royalty prescribed under a regulation; and (iii) pay all local government rates and charges lawfully chargeable against the holder for the area of the lease; and (iv) deposit, as required by the Minister, any security from time to time under this Act; and - (i) pay the rental prescribed under a regulation; and - (ii) pay the royalty prescribed under a regulation; and - (iii) pay all local government rates and charges lawfully chargeable against the holder for the area of the lease; and - (iv) deposit, as required by the Minister, any security from time to time under this Act; and - (m) a condition that the holder comply with this Act, other mining legislation and the At Risk agreement; and - (n) any other conditions stated in the relevant Aurukun agreement to be conditions of the lease; and - (o) any other conditions decided by the Minister. - (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) pay the rental prescribed under a regulation; and - (ii) pay the royalty prescribed under a regulation; and - (iii) pay all local government rates and charges lawfully chargeable against the holder for the area of the lease; and - (iv) deposit, as required by the Minister, any security from time to time under this Act; and