QLDIn ForceAct
Mineral Resources Act 1989
sec.344Definitions for part
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### sec.344 Definitions for part
In this part—
abandoned mine site means a site—
where mining or exploration activities have been carried out; and
for which no current mining claim or mining lease is granted; and
for which no environmental authority is in force for activities mentioned in paragraph (a) that were carried out under a mining claim or mining lease that is no longer in force.
affected land see section 344C (2) .
authorised person means—
for an abandoned mine site—a person authorised by the chief executive under section 344C (1) to enter the site; or
for affected land—a person authorised by the chief executive under section 344C (2) to enter the land; or
for a final rehabilitation site—a person authorised by the chief executive under section 344D (1) to enter the site.
enter , for land, includes re-enter the land.
final rehabilitation site means the area of a mining claim or mining lease that is no longer in force if—
an environmental authority or PRCP schedule is in force for the mining activities that were carried out under the claim or lease; and
any of the following apply—
the holder of the mining claim or mining lease was prevented by an Act from applying to renew the claim or lease within the period within which the holder could have applied for the renewal of the claim or lease under this Act;
for a mining claim—an application to renew the mining claim was refused for a reason other than because the Minister was not satisfied of a matter mentioned in section 93 (4) (b) (i) or (ii) ;
for a mining lease—an application to renew the mining lease was refused for a reason other than because the Minister was not satisfied of a matter mentioned in section 286A (1) (a) .
holder means—
of an environmental authority—the holder of the environmental authority under the Environmental Protection Act ; or
of a PRCP schedule—the holder of the PRCP schedule under the Environmental Protection Act , schedule 4 , definition holder , paragraph 4A.
PRCP schedule see the Environmental Protection Act , section 112 .
previous mining activities means mining activities previously carried out on an abandoned mine site.
rehabilitation activity see section 344B .
remediation activity see section 344A .
s 344 prev s 344 amd 1992 No. 68 s 3 sch 1
sub 1995 No. 21 s 95
om 1999 No. 7 s 87 sch 3
pres s 344 ins 2008 No. 33 s 100
sub 2011 No. 2 s 73
amd 2012 No. 20 s 323 sch 3 ; 2013 No. 10 s 193 sch 1 ; 2016 No. 32 s 26 ; 2018 No. 30 s 213 ; 2019 No. 17 s 231
sub 2020 No. 14 s 147
- (a) where mining or exploration activities have been carried out; and
- (b) for which no current mining claim or mining lease is granted; and
- (c) for which no environmental authority is in force for activities mentioned in paragraph (a) that were carried out under a mining claim or mining lease that is no longer in force.
- (a) for an abandoned mine site—a person authorised by the chief executive under section 344C (1) to enter the site; or
- (b) for affected land—a person authorised by the chief executive under section 344C (2) to enter the land; or
- (c) for a final rehabilitation site—a person authorised by the chief executive under section 344D (1) to enter the site.
- (a) an environmental authority or PRCP schedule is in force for the mining activities that were carried out under the claim or lease; and
- (b) any of the following apply— (i) the holder of the mining claim or mining lease was prevented by an Act from applying to renew the claim or lease within the period within which the holder could have applied for the renewal of the claim or lease under this Act; (ii) for a mining claim—an application to renew the mining claim was refused for a reason other than because the Minister was not satisfied of a matter mentioned in section 93 (4) (b) (i) or (ii) ; (iii) for a mining lease—an application to renew the mining lease was refused for a reason other than because the Minister was not satisfied of a matter mentioned in section 286A (1) (a) .
- (i) the holder of the mining claim or mining lease was prevented by an Act from applying to renew the claim or lease within the period within which the holder could have applied for the renewal of the claim or lease under this Act;
- (ii) for a mining claim—an application to renew the mining claim was refused for a reason other than because the Minister was not satisfied of a matter mentioned in section 93 (4) (b) (i) or (ii) ;
- (iii) for a mining lease—an application to renew the mining lease was refused for a reason other than because the Minister was not satisfied of a matter mentioned in section 286A (1) (a) .
- (i) the holder of the mining claim or mining lease was prevented by an Act from applying to renew the claim or lease within the period within which the holder could have applied for the renewal of the claim or lease under this Act;
- (ii) for a mining claim—an application to renew the mining claim was refused for a reason other than because the Minister was not satisfied of a matter mentioned in section 93 (4) (b) (i) or (ii) ;
- (iii) for a mining lease—an application to renew the mining lease was refused for a reason other than because the Minister was not satisfied of a matter mentioned in section 286A (1) (a) .
- (a) of an environmental authority—the holder of the environmental authority under the Environmental Protection Act ; or
- (b) of a PRCP schedule—the holder of the PRCP schedule under the Environmental Protection Act , schedule 4 , definition holder , paragraph 4A.