QLDIn ForceAct
Mineral Resources Act 1989
sec.6Meaning of mineral
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### 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.