QLDIn ForceAct
Mineral Resources Act 1989
sec.4Effect of change of baseline
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### sec.4 Effect of change of baseline
If—
an offshore area is in the area of an exploration permit, mineral development licence or mining lease (the mining tenement ); and
there is a change to the inner limit of the coastal waters of the State as defined in the Offshore Minerals Act 1998 , section 16 (1) and (2) ; and
as a result of the change, the offshore area comes within those coastal waters;
this Act applies, while the mining tenement or any successor mining tenement remains in force, as if the area were still within the offshore area.
If—
a mining lease takes effect immediately after an exploration permit expires; and
the holder of the mining lease immediately after it takes effect was the holder of the exploration permit immediately before it expired;
the mining lease is a successor mining tenement to the exploration permit for subsection (1) .
If—
a mineral development licence takes effect immediately after an exploration permit expires; and
the holder of the mineral development licence immediately after it takes effect was the holder of the exploration permit immediately before it expired;
the mineral development licence is a successor mining tenement to the exploration permit for subsection (1) .
If—
a mining lease takes effect immediately after a mineral development licence expires; and
the mineral development licence took effect immediately after an exploration permit expired; and
the holder of the mining lease immediately after it takes effect was the holder of the mineral development licence immediately before it expired; and
the holder of the mineral development licence immediately after it took effect was the holder of the exploration permit immediately before it expired;
the mining lease is a successor mining tenement to the exploration permit and the mineral development licence for subsection (1) .
In this section—
offshore area means an area of the sea bed and subsoil to which the Act applies.
s 4 amd 1997 No. 14 s 3
sub 1998 No. 10 s 446 sch 4
amd 2000 No. 64 s 174 sch ; 2004 No. 1 s 44 (1) sch 1 ; 2012 No. 20 s 125 sch 1
(sec.4-ssec.1) If— an offshore area is in the area of an exploration permit, mineral development licence or mining lease (the mining tenement ); and there is a change to the inner limit of the coastal waters of the State as defined in the Offshore Minerals Act 1998 , section 16 (1) and (2) ; and as a result of the change, the offshore area comes within those coastal waters; this Act applies, while the mining tenement or any successor mining tenement remains in force, as if the area were still within the offshore area.
(sec.4-ssec.2) If— a mining lease takes effect immediately after an exploration permit expires; and the holder of the mining lease immediately after it takes effect was the holder of the exploration permit immediately before it expired; the mining lease is a successor mining tenement to the exploration permit for subsection (1) .
(sec.4-ssec.3) If— a mineral development licence takes effect immediately after an exploration permit expires; and the holder of the mineral development licence immediately after it takes effect was the holder of the exploration permit immediately before it expired; the mineral development licence is a successor mining tenement to the exploration permit for subsection (1) .
(sec.4-ssec.4) If— a mining lease takes effect immediately after a mineral development licence expires; and the mineral development licence took effect immediately after an exploration permit expired; and the holder of the mining lease immediately after it takes effect was the holder of the mineral development licence immediately before it expired; and the holder of the mineral development licence immediately after it took effect was the holder of the exploration permit immediately before it expired; the mining lease is a successor mining tenement to the exploration permit and the mineral development licence for subsection (1) .
(sec.4-ssec.5) In this section— offshore area means an area of the sea bed and subsoil to which the Act applies.
- (a) an offshore area is in the area of an exploration permit, mineral development licence or mining lease (the mining tenement ); and
- (b) there is a change to the inner limit of the coastal waters of the State as defined in the Offshore Minerals Act 1998 , section 16 (1) and (2) ; and
- (c) as a result of the change, the offshore area comes within those coastal waters;
- (a) a mining lease takes effect immediately after an exploration permit expires; and
- (b) the holder of the mining lease immediately after it takes effect was the holder of the exploration permit immediately before it expired;
- (a) a mineral development licence takes effect immediately after an exploration permit expires; and
- (b) the holder of the mineral development licence immediately after it takes effect was the holder of the exploration permit immediately before it expired;
- (a) a mining lease takes effect immediately after a mineral development licence expires; and
- (b) the mineral development licence took effect immediately after an exploration permit expired; and
- (c) the holder of the mining lease immediately after it takes effect was the holder of the mineral development licence immediately before it expired; and
- (d) the holder of the mineral development licence immediately after it took effect was the holder of the exploration permit immediately before it expired;