sec.6Meaning of mineral

### sec.6 Meaning of mineral A mineral is a substance— normally occurring naturally as part of the earth’s crust; or dissolved or suspended in water on or within the earth’s crust; or that may be extracted from a substance mentioned in paragraph (a) or (b) . Subject to subsection (3) , each of the following is a mineral — any type of clay; foundry sand; coal seam gas; For what is coal seam gas and incidental coal seam gas, see section 318AC . See also chapter 8 , part 8 , division 1 . limestone; marble; a product that may be extracted or produced by an underground gasification process for coal or oil shale ( mineral (f) ) and another product that may result from the carrying out of the process (also mineral (f) ); combustion, consumption, heating, leaching and reaction gas desorbed as a result of an underground gasification process See chapter 12 , part 4A for the moratorium relating to mineral (f). peat; salt, including brine; oil shale; For what is oil shale, see section 318AD . silica, including silica sand; rock mined in block or slab form for building or monumental purposes. Despite subsections (1) and (2) — clay (other than kaolin and bentonite) is only a mineral if it is mined for use for its ceramic properties; and for brick or tile making for pottery making limestone, silica and silica sand is only a mineral if it is mined for use for its chemical properties; and mineral (f) is only a mineral if— the coal or oil shale, from which it is extracted or produced, is held under a mineral development licence and it has been added to the licence under section 208 ; or the coal or oil shale, from which it is extracted or produced, is held under a mining lease and it is specified in the lease; and See chapter 12 , part 4A for the moratorium relating to mineral (f). each of the following is not a mineral— soil, sand, gravel or rock (other than rock mentioned in subsection (2) (k) ) if it is to be used, or to be supplied for use, as sand, gravel or rock, whether intact or in broken form; living matter; steam or water. s 6 prev s 6 ins 1995 No. 21 s 6 amd 1997 No. 80 s 42 om 2000 No. 64 s 62 pres s 6 ins 2004 No. 25 s 1011 amd 2008 No. 33 s 76 ; 2012 No. 20 s 125 sch 1 , s 323 sch 3 ; 2017 No. 28 s 22 (sec.6-ssec.1) A mineral is a substance— normally occurring naturally as part of the earth’s crust; or dissolved or suspended in water on or within the earth’s crust; or that may be extracted from a substance mentioned in paragraph (a) or (b) . (sec.6-ssec.2) Subject to subsection (3) , each of the following is a mineral — any type of clay; foundry sand; coal seam gas; For what is coal seam gas and incidental coal seam gas, see section 318AC . See also chapter 8 , part 8 , division 1 . limestone; marble; a product that may be extracted or produced by an underground gasification process for coal or oil shale ( mineral (f) ) and another product that may result from the carrying out of the process (also mineral (f) ); combustion, consumption, heating, leaching and reaction gas desorbed as a result of an underground gasification process See chapter 12 , part 4A for the moratorium relating to mineral (f). peat; salt, including brine; oil shale; For what is oil shale, see section 318AD . silica, including silica sand; rock mined in block or slab form for building or monumental purposes. (sec.6-ssec.3) Despite subsections (1) and (2) — clay (other than kaolin and bentonite) is only a mineral if it is mined for use for its ceramic properties; and for brick or tile making for pottery making limestone, silica and silica sand is only a mineral if it is mined for use for its chemical properties; and mineral (f) is only a mineral if— the coal or oil shale, from which it is extracted or produced, is held under a mineral development licence and it has been added to the licence under section 208 ; or the coal or oil shale, from which it is extracted or produced, is held under a mining lease and it is specified in the lease; and See chapter 12 , part 4A for the moratorium relating to mineral (f). each of the following is not a mineral— soil, sand, gravel or rock (other than rock mentioned in subsection (2) (k) ) if it is to be used, or to be supplied for use, as sand, gravel or rock, whether intact or in broken form; living matter; steam or water. - (a) normally occurring naturally as part of the earth’s crust; or - (b) dissolved or suspended in water on or within the earth’s crust; or - (c) that may be extracted from a substance mentioned in paragraph (a) or (b) . - (a) any type of clay; - (b) foundry sand; - (c) coal seam gas; Notes— 1 For what is coal seam gas and incidental coal seam gas, see section 318AC . 2 See also chapter 8 , part 8 , division 1 . - 1 For what is coal seam gas and incidental coal seam gas, see section 318AC . - 2 See also chapter 8 , part 8 , division 1 . - (d) limestone; - (e) marble; - (f) a product that may be extracted or produced by an underground gasification process for coal or oil shale ( mineral (f) ) and another product that may result from the carrying out of the process (also mineral (f) ); Examples of underground gasification processes— combustion, consumption, heating, leaching and reaction Example of another product— gas desorbed as a result of an underground gasification process Note— See chapter 12 , part 4A for the moratorium relating to mineral (f). - (g) peat; - (h) salt, including brine; - (i) oil shale; Note— For what is oil shale, see section 318AD . - (j) silica, including silica sand; - (k) rock mined in block or slab form for building or monumental purposes. - 1 For what is coal seam gas and incidental coal seam gas, see section 318AC . - 2 See also chapter 8 , part 8 , division 1 . - (a) clay (other than kaolin and bentonite) is only a mineral if it is mined for use for its ceramic properties; and Examples of uses of clay for its ceramic properties— • for brick or tile making • for pottery making - • for brick or tile making - • for pottery making - (b) limestone, silica and silica sand is only a mineral if it is mined for use for its chemical properties; and - (c) mineral (f) is only a mineral if— (i) the coal or oil shale, from which it is extracted or produced, is held under a mineral development licence and it has been added to the licence under section 208 ; or (ii) the coal or oil shale, from which it is extracted or produced, is held under a mining lease and it is specified in the lease; and Note— See chapter 12 , part 4A for the moratorium relating to mineral (f). - (i) the coal or oil shale, from which it is extracted or produced, is held under a mineral development licence and it has been added to the licence under section 208 ; or - (ii) the coal or oil shale, from which it is extracted or produced, is held under a mining lease and it is specified in the lease; and - (d) each of the following is not a mineral— (i) soil, sand, gravel or rock (other than rock mentioned in subsection (2) (k) ) if it is to be used, or to be supplied for use, as sand, gravel or rock, whether intact or in broken form; (ii) living matter; (iii) steam or water. - (i) soil, sand, gravel or rock (other than rock mentioned in subsection (2) (k) ) if it is to be used, or to be supplied for use, as sand, gravel or rock, whether intact or in broken form; - (ii) living matter; - (iii) steam or water. - • for brick or tile making - • for pottery making - (i) the coal or oil shale, from which it is extracted or produced, is held under a mineral development licence and it has been added to the licence under section 208 ; or - (ii) the coal or oil shale, from which it is extracted or produced, is held under a mining lease and it is specified in the lease; and - (i) soil, sand, gravel or rock (other than rock mentioned in subsection (2) (k) ) if it is to be used, or to be supplied for use, as sand, gravel or rock, whether intact or in broken form; - (ii) living matter; - (iii) steam or water.