Z Zoe Where to start with an Australian legal problem: plain-English guides, with the legislation and case law behind them.
Home / Legislation / Mineral Resources Development Act 1995 / 3 TAS In Force Act
Mineral Resources Development Act 1995
3Interpretation Start here
Get a plain-English read of 3 Turn the raw legal text into a practical explanation grounded in Mineral Resources Development Act 1995.
Explain section 3 Interpretation
In this Act –
[Section 3 Amended by No. 74 of 2001, s. 4, Applied:30 Oct 2001] Agency means –
(a) in relation to Tasmania, Agency as defined in the State Service Act 2000 ; or
(b) in relation to the Commonwealth, a department, authority or agency of the Commonwealth government;
[Section 3 Amended by No. 24 of 2013, s. 4, Applied:28 Jun 2013] [Section 3 Amended by No. 44 of 2017, s. 4, Applied:21 Nov 2017]
approved means approved by the Director;
atomic substance means –
(a) uranium; and
(b) thorium; and
(c) [Section 3 Amended by No. 44 of 2017, s. 4, Applied:21 Nov 2017] any other substance declared to be an atomic substance under section 200 ;
[Section 3 Amended by No. 74 of 2001, s. 4, Applied:30 Oct 2001]
[Section 3 Amended by No. 74 of 2001, s. 4, Applied:30 Oct 2001] Category 1 mineral means any –
(a) metallic mineral; and
(b) atomic substance;
[Section 3 Amended by No. 24 of 2013, s. 4, Applied:28 Jun 2013] Category 2 mineral means coal, peat, lignite, oil shale and coal seam gas;
means any rock, stone, gravel, sand and clay used in construction, bricks and ceramics;
Previous section 2 Commencement
Next section 3A Meaning of obtaining minerals, and produced, in relation to geothermal energy
Section 3 - Mineral Resources Development Act 1995 - Interpretation | Zoe Category 3 mineral
Category 4 mineral means any petroleum products except oil shale;
Code of practice means an approved Code of practice;
compensable loss means –
(a) damage to the surface of the land; or
(b) damage to crops, trees, grasses, fruit, vegetables or other vegetation on the land; or
(c) damage to buildings, structures or works on the land; or
(d) damage to any improvement on the land; or
(e) loss of opportunity to make any planned improvement on the land; or
(f) deprivation of possession or use of the whole or part of the surface of the land; or
(g) severance of the land from other land of the owner or occupier of that land; or
(h) destruction or loss of, or injury to, disturbance of, or interference with, stock; or
(i) loss of amenity, including recreation and conservation values; or
(j) any decrease in the market values of the owner's or occupier's interest in the land; or
(k) surface rights of way and easements;
compensation agreement means an agreement referred to in Part 8 ;
consolidated mining lease means a lease in force under Part 4 ;
Crown land means any land vested in the Crown;
Crown lessee means the holder of a Crown lease;
Crown licensee means the holder of a Crown licence;
Director means the Director of Mines appointed under section 8 ;
exploration licence means a licence in force under Part 2 ;
explore means to determine the existence, quality and quantity of minerals for the purpose of commercial exploitation by –
(a) conducting geological, geophysical, geobotanical and geochemical surveys; or
(b) drilling; or
(c) taking samples for the purpose of chemical or other analysis; or
(d) using appropriate instruments, equipment and techniques; or
(e) extracting and removing from land material, mineral or other substances for sampling and testing; or
(f) [Section 3 Amended by No. 24 of 2013, s. 4, Applied:28 Jun 2013] carrying out any other activity approved for the purposes of this paragraph by the Minister;
fossick means to search for minerals for a purpose other than for commercial gain to a depth of 2 metres by –
(a) digging by hand; or
(b) using hand held instruments;
fossil means any remains, trace or imprint of a plant or animal that is preserved by normal processes in the earth's crust;
geology means the geosciences;
geoscientific means relating to geology, geochemistry, geophysics, mineralogy and palaeontology;
Geoscientific Trust Fund means the Geoscientific Investigation and Research Trust Fund established under Part 9 ;
[Section 3 Amended by No. 24 of 2013, s. 4, Applied:28 Jun 2013] geothermal resource , in relation to a geothermal production licence, means the amount, determined in accordance with an approved method by the person who holds or has applied for the licence, of geothermal energy that may be produced from geothermal substances within the area of land to which the licence relates or is to relate;
geothermal substance means a substance occurring naturally or introduced underground which is heated by the natural processes of the earth to a temperature in excess of 40° Celsius;
industrial mineral means any mineral prescribed as an industrial mineral;
inspector means an inspector appointed under section 8 ;
land includes –
(a) land within the beds or banks of any stream and watercourse; and
(b) land beneath the internal waters of Tasmania; and
(c) the sea bed; and
(d) waters in, upon or above land; and
(e) stratum of land;
lease means a mining lease in force under Part 4 ;
lease area means an area of land which is subject to a lease;
lessee means the holder of a lease;
licence means –
(a) in Part 2 , an exploration licence in force under that Part; and
(ab) [Section 3 Amended by No. 24 of 2013, s. 4, Applied:28 Jun 2013] in Part 2A , a special exploration licence in force under that Part; and
(b) in Part 3 , a retention licence in force under that Part; and
(ba) [Section 3 Amended by No. 24 of 2013, s. 4, Applied:28 Jun 2013] in Part 3A , a production licence in force under that Part; and
(c) [Section 3 Amended by No. 24 of 2013, s. 4, Applied:28 Jun 2013] in Part 5 , a prospecting licence and a group prospecting licence, in force under that Part; and
(d) [Section 3 Amended by No. 24 of 2013, s. 4, Applied:28 Jun 2013] in any other Part, any licence in force under this Act;
licensee means –
(a) in Part 2 , the holder of an exploration licence; and
(ab) [Section 3 Amended by No. 24 of 2013, s. 4, Applied:28 Jun 2013] in Part 2A , the holder of a special exploration licence; and
(b) in Part 3 , the holder of a retention licence; and
(ba) [Section 3 Amended by No. 24 of 2013, s. 4, Applied:28 Jun 2013] in Part 3A , the holder of a production licence; and
(c) [Section 3 Amended by No. 24 of 2013, s. 4, Applied:28 Jun 2013] in Part 5 , the holder of a prospecting licence or group prospecting licence; and
(d) [Section 3 Amended by No. 24 of 2013, s. 4, Applied:28 Jun 2013] in any other Part, the holder of any licence in force under this Act;
metallic mineral means any mineral prescribed as a metallic mineral;
mine means any place where mining is being carried out;
[Section 3 Amended by No. 24 of 2013, s. 4, Applied:28 Jun 2013] mineral means any metallic mineral, non-metallic mineral, industrial mineral, inorganic substance, coal, oil, gas, petroleum, geothermal substance, atomic substance and matter forming part of the crust of the earth, other than–
(a) the subsoil; or
(b) the layer of soil sustaining vegetation; or
(c) any rock, crushed stone, gravel, sand or clay produced on private land for the private use of the owner; or
(d) [Section 3 Amended by No. 74 of 2001, s. 4, Applied:30 Oct 2001] mineral water; or
(e) [Section 3 Amended by No. 74 of 2001, s. 4, Applied:30 Oct 2001] any mineral produced as a by-product of a mining operation and stored as a waste product on a lease area and not sold or otherwise disposed of to another person;
mining means any operation or work, other than fossicking or prospecting, carried out to obtain minerals;
mining lease means a mining lease in force under Part 4 ;
[Section 3 Amended by No. 24 of 2013, s. 4, Applied:28 Jun 2013] mining plan , in relation to a lease or an application for a lease, means a plan that sets out information required by the Director including, but not limited to including, the following:
(a) the name of the minerals, or category of minerals, to which the lease or application relates;
(b) the site plan, which is to include –
(i) the means by which access to the area of land comprised in the lease is to be obtained; and
(ii) the infrastructure proposed to be situated on the area of land comprised in the lease; and
(iii) surface hydrology for the area of land comprised in the lease; and
(iv) other matters related to activities under the lease;
(c) the proposals for treatment of, transport of, handling of, and storage of, waste from –
(i) minerals obtained under the lease; or
(ii) the substances from which minerals are to be obtained under the lease;
(d) the requirements for water to be used in mining operations under the lease;
(e) the proposed stages of development under the lease and of any proposed rehabilitation of land in the area of land comprised in the lease;
(f) the provision to be made in relation to closure of the mine on the lease area after mining under the lease ceases;
(g) a description of the potential geological and environmental risks associated with mining operations under the lease;
Mining Tribunal means the Mining Tribunal established under Part 7 ;
native title means an approved determination of native title under the Native Title Act 1993 of the Commonwealth the details of which are recorded in the National Native Title Register under that Act;
occupier , in relation to land, means a person in lawful possession of the land;
oil shale means shale containing fossilised insoluble organic matter which will yield liquid or gaseous hydrocarbons on distillation;
owner includes –
(a) the holder of any Crown land under a contract of sale and purchase; and
(b) the holder of native title to any land;
[Section 3 Amended by No. 24 of 2013, s. 4, Applied:28 Jun 2013] petroleum resource , in relation to a petroleum production licence, means an amount, determined in an approved manner by the person who holds or has applied for the licence, of petroleum contained in a petroleum reservoir to which the licence relates or is to relate;
[Section 3 Amended by No. 24 of 2013, s. 4, Applied:28 Jun 2013] plan of development , in relation to an application for a geothermal production licence, means a plan that sets out information required by the Director in relation to –
(a) the geothermal resource to which the licence is to relate; and
(b) how access to geothermal substances is to be obtained under the licence; and
(c) how geothermal energy that is produced under the licence is to be used; and
(d) how geothermal resources are to be managed under the licence; and
(e) how geothermal reservoirs are to be managed under the licence; and
(f) any other matter the Director thinks fit;
[Section 3 Amended by No. 24 of 2013, s. 4, Applied:28 Jun 2013] plan of field development , in relation to an application for a petroleum production licence, means a plan that sets out information required by the Director in relation to –
(a) the petroleum resources to which the licence is to relate; and
(b) how access to the petroleum resources is to be obtained under the licence; and
(c) how the petroleum resources are to be managed under the licence; and
(d) how petroleum reservoirs are to be managed under the licence; and
(e) any other matter, in relation to production activities under the licence, that the Director thinks fit;
private land means any land that is not Crown land;
prospect means to explore for minerals to a depth of less than 2 metres below the surface of the earth or of any pre-existing excavation by means of a hand held instrument;
public land means –
(a) any Crown land; and
(b) any land vested in a body or authority established under a law of the State for a public purpose; and
(c) any land vested in a body corporate in which the Crown has a controlling interest;
public purpose means a purpose for the benefit of the public in general;
public reserve means any land reserved for a public purpose;
quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December in any year;
record includes any document, financial statement or plan stored or maintained by any means;
Registrar means the Registrar of Mines appointed under section 8 ;
relevant period means the period starting when an improvement on land was made and ending when the damage to the improvement occurred;
retention licence means a licence in force under Part 3 ;
security deposit means a cash deposit or any other form of security the Minister determines to –
(a) cover any damage to private property; or
(b) [Section 3 Amended by No. 44 of 2017, s. 4, Applied:21 Nov 2017] cover failure to meet work program or licence commitments; or
(c) provide funds to mitigate any damage to the environment during mining operations or exploration;
[Section 3 Amended by No. 74 of 2001, s. 4, Applied:30 Oct 2001] sell includes –
(a) offer or agree to sell; and
(b) keep or have in possession for sale; and
(c) dispose of; and
(d) barter or exchange; and
(e) transfer; and
(f) expose for sale; and
(g) send, deliver or receive for sale; and
(h) cause or permit to be sold;
speleothem means a formation formed within a cave which is –
(a) a mineral; or
(b) a precipitate; or
(c) an accumulation of non-precipitate material;
stone means –
(a) sandstone, freestone and other building stone; and
(b) basalt, dolerite, granite, slate, limestone and rock of a kind ordinarily used for building or construction purposes; and
(c) quartz, other than quartz crystals; and
(d) slate and gravel; and
(e) pipeclay and clay, other than fireclay, bentonite or kaolin; and
(f) sand and soil; and
(fa) [Section 3 Amended by No. 74 of 2001, s. 4, Applied:30 Oct 2001] limestone and dolomite used for agricultural purposes; and
(g) other similar materials;
stratum of land means a specific part of land of any shape below or on the surface of land;
work program means an approved program of work.