This regulation sets detailed rules for prospecting permits, mining claims, exploration permits, mineral development licences and mining leases. It prescribes conditions, technical standards, reporting formats and deadlines (activity, relinquishment, final, drilling and abandonment reports), measurement and reporting of associated water, fees and rentals, prohibited machinery and online lodgement procedures. It affects applicants, tenement holders and landowners by increasing administrative, technical and disclosure obligations and gives the chief executive and Minister decision-making discretions on approvals and publications.
This instrument prescribes detailed operational, reporting, measurement, lodgement and publication requirements that sit under the principal mining Act. It does not rewrite the Act’s policy settings; it specifies how many sub‑blocks certain exploration permits may cover (sec.11), what conditions apply to a range of tenements (secs.4, 8, 12, 13, 22), the prescribed security for district prospecting permits ($1,000) (sec.5), and the content and timing of multiple reports required from holders of exploration permits, mineral development licences and mining leases (secs.14-17, 23-31). It declares a blanket prohibition on a defined list of “prohibited machinery” in mining claim areas while setting narrow exceptions and site‑specific carve‑outs (sec.10). It prescribes measurement and reporting standards for associated water (secs.33-36) including an AS-standard for bore metering (sec.33(2)), and sets a 2 megalitre reporting threshold (sec.34(2)(a)). It requires many interactions with the department to be electronic via the department’s online systems and approved digital formats, while permitting the chief executive to require hard copies in particular cases (secs.46, 48). It prescribes how and when plans of survey must be lodged and how the chief executive may reject or request further information (sec.45). It sets rental rules including a graduated per‑hectare scale for large mineral development licences (sec.40) and a five‑instalment timetable for deferred initial rent for a mining lease (sec.41). It prescribes confidentiality periods for specified information and lists publication options for required information (secs.43-44). Operationally important obligations about CSG wells are included: pre‑drill notice timing, daily drilling reports, completion, abandonment and surrender reporting contents and deadlines (secs.26-30). Finally, it sets administrative details , office hours, time‑stamping of lodgements, fees, and the small scale mining code to be kept on the department’s website (secs.49-51, 47, 50).
Current sections
Direct links to the current provisions in Mineral Resources Regulation 2025.
78
ch.2-pt.1
Prospecting permits
Prospecting permits
sec.4
Conditions— Act , s 25
sec.4 Conditions— Act , s 25
For section 25 (2) of the Act , the prescribed conditions to which a prospecting permit is subject are stated in—
schedule 1 , items 1 to 3; and
if the permit applies to occupied land— schedule 1 , items 4 to 6.
See also part 5 .
(a) schedule 1 , items 1 to 3; and
(b) if the permit applies to occupied land— schedule 1 , items 4 to 6.
sec.5
Minimum security for district prospecting permit— Act , s 26
sec.5 Minimum security for district prospecting permit— Act , s 26
This section applies only to a district prospecting permit.
For section 26 (2) of the Act , the amount prescribed is $1,000.
(sec.5-ssec.1) This section applies only to a district prospecting permit.
(sec.5-ssec.2) For section 26 (2) of the Act , the amount prescribed is $1,000.
ch.2-pt.2
Mining claims
Mining claims
sec.6
Amendment of application after survey of contiguous land
sec.6 Amendment of application after survey of contiguous land
This section applies if—
an application for a mining claim (the application ) is over land that is contiguous to affected land; and
at the time the application was made, a survey of the affected land had not been completed; and
the chief executive gives the applicant a notice (the notice ) stating—
a survey of the affected land has been completed; and
all survey marks defining the boundary of the affected land have been placed.
To ensure the application is still over land that is contiguous to affected land, the applicant may—
amend the description of the land stated in the application; or
amend the application to ensure the boundary of the area of the proposed mining claim is defined.
For defining the boundary of a proposed mining tenement, see section 386R of the Act .
An amendment under subsection (2) must be made within—
14 days after the day the chief executive gives the applicant the notice; or
if the chief executive approves a longer period—the longer period.
Nothing in this section authorises or entitles the applicant to have the affected land surveyed.
(sec.6-ssec.1) This section applies if— an application for a mining claim (the application ) is over land that is contiguous to affected land; and at the time the application was made, a survey of the affected land had not been completed; and the chief executive gives the applicant a notice (the notice ) stating— a survey of the affected land has been completed; and all survey marks defining the boundary of the affected land have been placed.
(sec.6-ssec.2) To ensure the application is still over land that is contiguous to affected land, the applicant may— amend the description of the land stated in the application; or amend the application to ensure the boundary of the area of the proposed mining claim is defined. For defining the boundary of a proposed mining tenement, see section 386R of the Act .
(sec.6-ssec.3) An amendment under subsection (2) must be made within— 14 days after the day the chief executive gives the applicant the notice; or if the chief executive approves a longer period—the longer period.
(sec.6-ssec.4) Nothing in this section authorises or entitles the applicant to have the affected land surveyed.
(a) an application for a mining claim (the application ) is over land that is contiguous to affected land; and
(b) at the time the application was made, a survey of the affected land had not been completed; and
(c) the chief executive gives the applicant a notice (the notice ) stating— (i) a survey of the affected land has been completed; and (ii) all survey marks defining the boundary of the affected land have been placed.
(i) a survey of the affected land has been completed; and
(ii) all survey marks defining the boundary of the affected land have been placed.
(i) a survey of the affected land has been completed; and
(ii) all survey marks defining the boundary of the affected land have been placed.
(a) amend the description of the land stated in the application; or
(b) amend the application to ensure the boundary of the area of the proposed mining claim is defined. Note— For defining the boundary of a proposed mining tenement, see section 386R of the Act .
(a) 14 days after the day the chief executive gives the applicant the notice; or
(b) if the chief executive approves a longer period—the longer period.
sec.7
Prescribed area for mining claim land— Act , s 53
sec.7 Prescribed area for mining claim land— Act , s 53
For section 53 (3) (b) of the Act , the area prescribed for land in a mining district mentioned in schedule 2 is not more than the area stated, in schedule 2 , for the land.
sec.8
Conditions— Act , s 81
sec.8 Conditions— Act , s 81
For section 81 (1) (p) of the Act , the prescribed conditions to which a mining claim is subject are stated in—
schedule 1 , items 1 to 3; and
if the claim is over occupied land— schedule 1 , item 4.
See also part 5 .
(a) schedule 1 , items 1 to 3; and
(b) if the claim is over occupied land— schedule 1 , item 4.
sec.9
Documents to be given by holder of mining claim to owners of land— Act , s 93
sec.9 Documents to be given by holder of mining claim to owners of land— Act , s 93
For section 93 (3) (a) of the Act , the document called ‘A guide to landholder compensation for mining claims and mining leases’ made by the chief executive and published on the department’s website is prescribed.
sec.10
Declaration of prohibited machinery in mining claim area— Act , s 111
sec.10 Declaration of prohibited machinery in mining claim area— Act , s 111
For section 111 of the Act , it is declared that prohibited machinery must not be used in, on or under the area of any mining claim within any part of the State.
However, subsection (1) does not apply to—
the use of machinery to—
transport mineral bearing ore or wash; or
transport equipment, materials, or water, used for mining operations; or
build storage facilities for water used for mining operations; or
manage water ingress; or
reduce fire hazards; or
rehabilitate the surface area of the land; or
the use of an eductor dredge in the Mareeba mining district, if the eductor dredge—
has an inlet nozzle diameter of no more than 20cm; and
is used while water is flowing in, or in streams leading into, the Palmer River or Mitchell River; or
the use of a vehicle-mounted drill in restricted area 1, 25 or 77 if—
the drill is used for exploration drilling and the drill has a diameter of not more than 25cm; or
the drill is used for drilling access shafts and the drill has a diameter of not more than 1m.
Also, despite subsection (1) , if the mining claim is a prescribed mining claim, prohibited machinery may be used in any part of the area of the prescribed mining claim that is not within the boundaries shown on any of the following plans—
MP34341;
MP34342;
MP34343;
MP36464;
MP40825;
MP30692;
MP31027;
MP31028;
MP30955;
MP30971.
In this section—
prescribed mining claim see section 50 (5) of the Act .
prohibited machinery means any of the following—
a backhoe, skid-steer loader, motorised mini digger or other loader;
an excavator or other machinery using a bucket, scoop, or clamshell;
a bulldozer, tractor or other equipment using a ripper, rooter, or scarifier;
a continuous miner, dragline, grader, scoopmobile, scraper, or traxcavator;
a dredge;
a vehicle-mounted drill;
a bogger.
(sec.10-ssec.1) For section 111 of the Act , it is declared that prohibited machinery must not be used in, on or under the area of any mining claim within any part of the State.
(sec.10-ssec.2) However, subsection (1) does not apply to— the use of machinery to— transport mineral bearing ore or wash; or transport equipment, materials, or water, used for mining operations; or build storage facilities for water used for mining operations; or manage water ingress; or reduce fire hazards; or rehabilitate the surface area of the land; or the use of an eductor dredge in the Mareeba mining district, if the eductor dredge— has an inlet nozzle diameter of no more than 20cm; and is used while water is flowing in, or in streams leading into, the Palmer River or Mitchell River; or the use of a vehicle-mounted drill in restricted area 1, 25 or 77 if— the drill is used for exploration drilling and the drill has a diameter of not more than 25cm; or the drill is used for drilling access shafts and the drill has a diameter of not more than 1m.
(sec.10-ssec.3) Also, despite subsection (1) , if the mining claim is a prescribed mining claim, prohibited machinery may be used in any part of the area of the prescribed mining claim that is not within the boundaries shown on any of the following plans— MP34341; MP34342; MP34343; MP36464; MP40825; MP30692; MP31027; MP31028; MP30955; MP30971.
(sec.10-ssec.4) In this section— prescribed mining claim see section 50 (5) of the Act . prohibited machinery means any of the following— a backhoe, skid-steer loader, motorised mini digger or other loader; an excavator or other machinery using a bucket, scoop, or clamshell; a bulldozer, tractor or other equipment using a ripper, rooter, or scarifier; a continuous miner, dragline, grader, scoopmobile, scraper, or traxcavator; a dredge; a vehicle-mounted drill; a bogger.
(a) the use of machinery to— (i) transport mineral bearing ore or wash; or (ii) transport equipment, materials, or water, used for mining operations; or (iii) build storage facilities for water used for mining operations; or (iv) manage water ingress; or (v) reduce fire hazards; or (vi) rehabilitate the surface area of the land; or
(i) transport mineral bearing ore or wash; or
(ii) transport equipment, materials, or water, used for mining operations; or
(iii) build storage facilities for water used for mining operations; or
(iv) manage water ingress; or
(v) reduce fire hazards; or
(vi) rehabilitate the surface area of the land; or
(b) the use of an eductor dredge in the Mareeba mining district, if the eductor dredge— (i) has an inlet nozzle diameter of no more than 20cm; and (ii) is used while water is flowing in, or in streams leading into, the Palmer River or Mitchell River; or
(i) has an inlet nozzle diameter of no more than 20cm; and
(ii) is used while water is flowing in, or in streams leading into, the Palmer River or Mitchell River; or
(c) the use of a vehicle-mounted drill in restricted area 1, 25 or 77 if— (i) the drill is used for exploration drilling and the drill has a diameter of not more than 25cm; or (ii) the drill is used for drilling access shafts and the drill has a diameter of not more than 1m.
(i) the drill is used for exploration drilling and the drill has a diameter of not more than 25cm; or
(ii) the drill is used for drilling access shafts and the drill has a diameter of not more than 1m.
(i) transport mineral bearing ore or wash; or
(ii) transport equipment, materials, or water, used for mining operations; or
(iii) build storage facilities for water used for mining operations; or
(iv) manage water ingress; or
(v) reduce fire hazards; or
(vi) rehabilitate the surface area of the land; or
(i) has an inlet nozzle diameter of no more than 20cm; and
(ii) is used while water is flowing in, or in streams leading into, the Palmer River or Mitchell River; or
(i) the drill is used for exploration drilling and the drill has a diameter of not more than 25cm; or
(ii) the drill is used for drilling access shafts and the drill has a diameter of not more than 1m.
(a) MP34341;
(b) MP34342;
(c) MP34343;
(d) MP36464;
(e) MP40825;
(f) MP30692;
(g) MP31027;
(h) MP31028;
(i) MP30955;
(j) MP30971.
(a) a backhoe, skid-steer loader, motorised mini digger or other loader;
(b) an excavator or other machinery using a bucket, scoop, or clamshell;
(c) a bulldozer, tractor or other equipment using a ripper, rooter, or scarifier;
(d) a continuous miner, dragline, grader, scoopmobile, scraper, or traxcavator;
(e) a dredge;
(f) a vehicle-mounted drill;
(g) a bogger.
ch.2-pt.3
Exploration permits and mineral development licences
Exploration permits and mineral development licences
ch.2-pt.3-div.1
Exploration permits
Exploration permits
sec.11
Prescribed areas— Act , ss 127 and 133
sec.11 Prescribed areas— Act , ss 127 and 133
For sections 127 (4) and 133 (h) (iii) of the Act , the area prescribed is—
for an exploration permit for the exploration of coal—300 sub-blocks; and
for any other exploration permit—100 sub-blocks.
(a) for an exploration permit for the exploration of coal—300 sub-blocks; and
(b) for any other exploration permit—100 sub-blocks.
sec.12
Conditions— Act , s 141
sec.12 Conditions— Act , s 141
For section 141 (1) (i) of the Act , the prescribed conditions to which an exploration permit is subject are stated in—
schedule 1 , items 1 to 3; and
if the permit applies to occupied land— schedule 1 , items 4 and 5.
See also part 5 .
(a) schedule 1 , items 1 to 3; and
(b) if the permit applies to occupied land— schedule 1 , items 4 and 5.
ch.2-pt.3-div.2
Mineral development licences
Mineral development licences
sec.13
Conditions— Act , s 194
sec.13 Conditions— Act , s 194
For section 194 (1) (k) of the Act , the prescribed conditions to which a mineral development licence is subject are stated in—
schedule 1 , items 1 to 3; and
if the licence applies to occupied land— schedule 1 , items 4 to 6.
See also part 5 .
(a) schedule 1 , items 1 to 3; and
(b) if the licence applies to occupied land— schedule 1 , items 4 to 6.
ch.2-pt.3-div.3
Prescribed information for reports
Prescribed information for reports
sec.14
Activity reports— Act , ss 178A and 231AA
sec.14 Activity reports— Act , ss 178A and 231AA
For section 178A (a) and (b) (i) of the Act , the holder of an exploration permit must give the Minister an activity report within—
1 month after each anniversary day for the permit; or
if the chief executive approves a longer period—the longer period.
For section 231AA (a) and (b) (i) of the Act , the holder of a mineral development licence must give the Minister an activity report within—
1 month after each anniversary day for the licence; or
if the chief executive approves a longer period—the longer period.
For sections 178A (b)(ii) and 231AA(b) (ii) of the Act , the activity report must contain the following—
a technical summary of the authorised activities for the permit or licence carried out during the reporting period for the report;
a statement setting out—
whether the work program for the permit or licence was complied with during the reporting period for the report; and
details of, and reasons for, any failure to comply with the work program for the permit or licence;
a statement about any resources and reserves identified during the reporting period for the report;
an expenditure statement complying with section 15 ;
the hazard information for the permit or licence;
any other data or information required under the practice direction.
The expenditure statement mentioned in subsection (3) (d) must be—
in a document that is separate from the remainder of the activity report; and
given to the Minister separately from the remainder of the activity report.
In this section—
anniversary day , for an exploration permit or a mineral development licence, means a day that is the anniversary of the day on which the permit or licence started.
reporting period , for an activity report for an exploration permit or a mineral development licence, means the period of 12 months that ends on the day before the anniversary day for the permit or licence.
(sec.14-ssec.1) For section 178A (a) and (b) (i) of the Act , the holder of an exploration permit must give the Minister an activity report within— 1 month after each anniversary day for the permit; or if the chief executive approves a longer period—the longer period.
(sec.14-ssec.2) For section 231AA (a) and (b) (i) of the Act , the holder of a mineral development licence must give the Minister an activity report within— 1 month after each anniversary day for the licence; or if the chief executive approves a longer period—the longer period.
(sec.14-ssec.3) For sections 178A (b)(ii) and 231AA(b) (ii) of the Act , the activity report must contain the following— a technical summary of the authorised activities for the permit or licence carried out during the reporting period for the report; a statement setting out— whether the work program for the permit or licence was complied with during the reporting period for the report; and details of, and reasons for, any failure to comply with the work program for the permit or licence; a statement about any resources and reserves identified during the reporting period for the report; an expenditure statement complying with section 15 ; the hazard information for the permit or licence; any other data or information required under the practice direction.
(sec.14-ssec.4) The expenditure statement mentioned in subsection (3) (d) must be— in a document that is separate from the remainder of the activity report; and given to the Minister separately from the remainder of the activity report.
(sec.14-ssec.5) In this section— anniversary day , for an exploration permit or a mineral development licence, means a day that is the anniversary of the day on which the permit or licence started. reporting period , for an activity report for an exploration permit or a mineral development licence, means the period of 12 months that ends on the day before the anniversary day for the permit or licence.
(a) 1 month after each anniversary day for the permit; or
(b) if the chief executive approves a longer period—the longer period.
(a) 1 month after each anniversary day for the licence; or
(b) if the chief executive approves a longer period—the longer period.
(a) a technical summary of the authorised activities for the permit or licence carried out during the reporting period for the report;
(b) a statement setting out— (i) whether the work program for the permit or licence was complied with during the reporting period for the report; and (ii) details of, and reasons for, any failure to comply with the work program for the permit or licence;
(i) whether the work program for the permit or licence was complied with during the reporting period for the report; and
(ii) details of, and reasons for, any failure to comply with the work program for the permit or licence;
(c) a statement about any resources and reserves identified during the reporting period for the report;
(d) an expenditure statement complying with section 15 ;
(e) the hazard information for the permit or licence;
(f) any other data or information required under the practice direction.
(i) whether the work program for the permit or licence was complied with during the reporting period for the report; and
(ii) details of, and reasons for, any failure to comply with the work program for the permit or licence;
(a) in a document that is separate from the remainder of the activity report; and
(b) given to the Minister separately from the remainder of the activity report.
sec.15
Expenditure statement for activity report
sec.15 Expenditure statement for activity report
An expenditure statement mentioned in section 14 (3) (d) contained in an activity report for an exploration permit or a mineral development licence must itemise the expenditure incurred for each authorised activity carried out under the permit or licence during the reporting period for the report.
The expenditure statement must contain a separate itemisation of expenditure for—
each activity carried out under the work program for the permit or licence during the reporting period for the report; and
each activity, other than an activity mentioned in paragraph (a) , carried out during the reporting period for the report.
In this section—
reporting period , for an activity report for an exploration permit or a mineral development licence, see section 14 (5) .
(sec.15-ssec.1) An expenditure statement mentioned in section 14 (3) (d) contained in an activity report for an exploration permit or a mineral development licence must itemise the expenditure incurred for each authorised activity carried out under the permit or licence during the reporting period for the report.
(sec.15-ssec.2) The expenditure statement must contain a separate itemisation of expenditure for— each activity carried out under the work program for the permit or licence during the reporting period for the report; and each activity, other than an activity mentioned in paragraph (a) , carried out during the reporting period for the report.
(sec.15-ssec.3) In this section— reporting period , for an activity report for an exploration permit or a mineral development licence, see section 14 (5) .
(a) each activity carried out under the work program for the permit or licence during the reporting period for the report; and
(b) each activity, other than an activity mentioned in paragraph (a) , carried out during the reporting period for the report.
sec.16
Partial relinquishment reports and partial surrender reports— Act , ss 178B and 231AB
sec.16 Partial relinquishment reports and partial surrender reports— Act , ss 178B and 231AB
For section 178B (a) and (b) (i) of the Act , the holder of an exploration permit must give the Minister a partial relinquishment report about a reduction in the area of the permit within 2 months after the reduction takes effect.
For section 231AB (a) and (b) (i) of the Act , the holder of a mineral development licence must give the Minister a partial surrender report about a reduction in the area of the licence within 2 months after the reduction takes effect.
For sections 178B (b)(ii) and 231AB (b) (ii) of the Act , the partial relinquishment report or partial surrender report must contain the following—
the day the relinquishment or surrender took effect;
the reason the holder has relinquished or surrendered the area;
the general area information for the report;
a summary, including the name identifier and location, of holes or wells drilled under the permit in the relinquished area or under the licence in the surrendered area;
the hazard information for the permit or licence to the extent the information has not been included in, or has changed since, the last activity report was given for the permit or licence;
any other data or information required under the practice direction.
In this section—
general area information , for a partial relinquishment report or a partial surrender report, means—
spatial information showing—
for a partial relinquishment report—the previous tenure area and the relinquished area of the exploration permit; or
for a partial surrender report—the previous tenure area and the surrendered area of the mineral development licence; and
any other data or information required under the practice direction.
previous tenure area —
of an exploration permit—means the area of the permit immediately before the relinquishment of the relinquished area; or
of a mineral development licence—means the area of the licence immediately before the surrender of the surrendered area.
(sec.16-ssec.1) For section 178B (a) and (b) (i) of the Act , the holder of an exploration permit must give the Minister a partial relinquishment report about a reduction in the area of the permit within 2 months after the reduction takes effect.
(sec.16-ssec.2) For section 231AB (a) and (b) (i) of the Act , the holder of a mineral development licence must give the Minister a partial surrender report about a reduction in the area of the licence within 2 months after the reduction takes effect.
(sec.16-ssec.3) For sections 178B (b)(ii) and 231AB (b) (ii) of the Act , the partial relinquishment report or partial surrender report must contain the following— the day the relinquishment or surrender took effect; the reason the holder has relinquished or surrendered the area; the general area information for the report; a summary, including the name identifier and location, of holes or wells drilled under the permit in the relinquished area or under the licence in the surrendered area; the hazard information for the permit or licence to the extent the information has not been included in, or has changed since, the last activity report was given for the permit or licence; any other data or information required under the practice direction.
(sec.16-ssec.4) In this section— general area information , for a partial relinquishment report or a partial surrender report, means— spatial information showing— for a partial relinquishment report—the previous tenure area and the relinquished area of the exploration permit; or for a partial surrender report—the previous tenure area and the surrendered area of the mineral development licence; and any other data or information required under the practice direction. previous tenure area — of an exploration permit—means the area of the permit immediately before the relinquishment of the relinquished area; or of a mineral development licence—means the area of the licence immediately before the surrender of the surrendered area.
(a) the day the relinquishment or surrender took effect;
(b) the reason the holder has relinquished or surrendered the area;
(c) the general area information for the report;
(d) a summary, including the name identifier and location, of holes or wells drilled under the permit in the relinquished area or under the licence in the surrendered area;
(e) the hazard information for the permit or licence to the extent the information has not been included in, or has changed since, the last activity report was given for the permit or licence;
(f) any other data or information required under the practice direction.
(a) spatial information showing— (i) for a partial relinquishment report—the previous tenure area and the relinquished area of the exploration permit; or (ii) for a partial surrender report—the previous tenure area and the surrendered area of the mineral development licence; and
(i) for a partial relinquishment report—the previous tenure area and the relinquished area of the exploration permit; or
(ii) for a partial surrender report—the previous tenure area and the surrendered area of the mineral development licence; and
(b) any other data or information required under the practice direction.
(i) for a partial relinquishment report—the previous tenure area and the relinquished area of the exploration permit; or
(ii) for a partial surrender report—the previous tenure area and the surrendered area of the mineral development licence; and
(a) of an exploration permit—means the area of the permit immediately before the relinquishment of the relinquished area; or
(b) of a mineral development licence—means the area of the licence immediately before the surrender of the surrendered area.
sec.17
Final reports— Act , ss 178C and 231AC
sec.17 Final reports— Act , ss 178C and 231AC
For section 178C (a) and (b) (i) of the Act , the holder of an exploration permit must give the Minister a final report within 2 months after the permit ends.
For section 231AC (a) and (b) (i) of the Act , the holder of a mineral development licence must give the Minister a final report within 2 months after the licence ends.
For sections 178C (b)(ii) and 231AC (b) (ii) of the Act , the final report must contain the following—
the day the permit or licence ended;
the reason the permit or licence ended;
the general area information for the report;
a summary, including the name identifier and location, of holes or wells drilled under the permit or licence during the reporting period for the report;
the hazard information for the permit or licence to the extent the information has not been included in, or has changed since, the last activity report was given for the permit or licence;
a statement of expenditure (the expenditure statement ) containing an itemisation of expenditure for each activity carried out under the permit or licence during the reporting period for the report;
any other data or information required under the practice direction.
However, the final report is not required to contain the information mentioned in subsection (3) (c) , (d) , (e) or (g) for a relinquished area or surrendered area if the information for the area was contained in a partial relinquishment report or partial surrender report under section 16 .
The expenditure statement must be—
in a document that is separate from the remainder of the final report; and
given to the Minister separately from the remainder of the final report.
In this section—
general area information , for a final report for an exploration permit or a mineral development licence, means—
spatial information showing the tenure area of the permit or licence immediately before the end of the permit or licence; and
any other data or information required under the practice direction.
reporting period , for a final report for an exploration permit or a mineral development licence, means the period that—
starts on the anniversary day for the permit or licence under section 14 (5) ; and
ends on the day the permit or licence ends.
(sec.17-ssec.1) For section 178C (a) and (b) (i) of the Act , the holder of an exploration permit must give the Minister a final report within 2 months after the permit ends.
(sec.17-ssec.2) For section 231AC (a) and (b) (i) of the Act , the holder of a mineral development licence must give the Minister a final report within 2 months after the licence ends.
(sec.17-ssec.3) For sections 178C (b)(ii) and 231AC (b) (ii) of the Act , the final report must contain the following— the day the permit or licence ended; the reason the permit or licence ended; the general area information for the report; a summary, including the name identifier and location, of holes or wells drilled under the permit or licence during the reporting period for the report; the hazard information for the permit or licence to the extent the information has not been included in, or has changed since, the last activity report was given for the permit or licence; a statement of expenditure (the expenditure statement ) containing an itemisation of expenditure for each activity carried out under the permit or licence during the reporting period for the report; any other data or information required under the practice direction.
(sec.17-ssec.4) However, the final report is not required to contain the information mentioned in subsection (3) (c) , (d) , (e) or (g) for a relinquished area or surrendered area if the information for the area was contained in a partial relinquishment report or partial surrender report under section 16 .
(sec.17-ssec.5) The expenditure statement must be— in a document that is separate from the remainder of the final report; and given to the Minister separately from the remainder of the final report.
(sec.17-ssec.6) In this section— general area information , for a final report for an exploration permit or a mineral development licence, means— spatial information showing the tenure area of the permit or licence immediately before the end of the permit or licence; and any other data or information required under the practice direction. reporting period , for a final report for an exploration permit or a mineral development licence, means the period that— starts on the anniversary day for the permit or licence under section 14 (5) ; and ends on the day the permit or licence ends.
(a) the day the permit or licence ended;
(b) the reason the permit or licence ended;
(c) the general area information for the report;
(d) a summary, including the name identifier and location, of holes or wells drilled under the permit or licence during the reporting period for the report;
(e) the hazard information for the permit or licence to the extent the information has not been included in, or has changed since, the last activity report was given for the permit or licence;
(f) a statement of expenditure (the expenditure statement ) containing an itemisation of expenditure for each activity carried out under the permit or licence during the reporting period for the report;
(g) any other data or information required under the practice direction.
(a) in a document that is separate from the remainder of the final report; and
(b) given to the Minister separately from the remainder of the final report.
(a) spatial information showing the tenure area of the permit or licence immediately before the end of the permit or licence; and
(b) any other data or information required under the practice direction.
(a) starts on the anniversary day for the permit or licence under section 14 (5) ; and
(b) ends on the day the permit or licence ends.
ch.2-pt.4
Mining leases
Mining leases
ch.2-pt.4-div.1
Applications
Applications
sec.18
Amendment of application after survey of contiguous land
sec.18 Amendment of application after survey of contiguous land
This section applies if—
an application for a mining lease (the application ) is over land that is contiguous to affected land; and
at the time the application was made, a survey of the affected land had not been completed; and
the chief executive gives the applicant a notice (the notice ) stating—
a survey of the affected land has been completed; and
all survey marks defining the boundary of the affected land have been placed.
To ensure the application is still over land that is contiguous to affected land, the applicant may—
amend the description of the land stated in the application; or
amend the application to ensure the boundary of the area of the proposed mining lease is defined.
For defining the boundary of a proposed mining tenement, see section 386R of the Act .
An amendment under subsection (2) must be made within—
14 days after the day the chief executive gives the applicant the notice; or
if the chief executive approves a longer period—the longer period.
Nothing in this section authorises or entitles the applicant to have the affected land surveyed.
(sec.18-ssec.1) This section applies if— an application for a mining lease (the application ) is over land that is contiguous to affected land; and at the time the application was made, a survey of the affected land had not been completed; and the chief executive gives the applicant a notice (the notice ) stating— a survey of the affected land has been completed; and all survey marks defining the boundary of the affected land have been placed.
(sec.18-ssec.2) To ensure the application is still over land that is contiguous to affected land, the applicant may— amend the description of the land stated in the application; or amend the application to ensure the boundary of the area of the proposed mining lease is defined. For defining the boundary of a proposed mining tenement, see section 386R of the Act .
(sec.18-ssec.3) An amendment under subsection (2) must be made within— 14 days after the day the chief executive gives the applicant the notice; or if the chief executive approves a longer period—the longer period.
(sec.18-ssec.4) Nothing in this section authorises or entitles the applicant to have the affected land surveyed.
(a) an application for a mining lease (the application ) is over land that is contiguous to affected land; and
(b) at the time the application was made, a survey of the affected land had not been completed; and
(c) the chief executive gives the applicant a notice (the notice ) stating— (i) a survey of the affected land has been completed; and (ii) all survey marks defining the boundary of the affected land have been placed.
(i) a survey of the affected land has been completed; and
(ii) all survey marks defining the boundary of the affected land have been placed.
(i) a survey of the affected land has been completed; and
(ii) all survey marks defining the boundary of the affected land have been placed.
(a) amend the description of the land stated in the application; or
(b) amend the application to ensure the boundary of the area of the proposed mining lease is defined. Note— For defining the boundary of a proposed mining tenement, see section 386R of the Act .
(a) 14 days after the day the chief executive gives the applicant the notice; or
(b) if the chief executive approves a longer period—the longer period.
sec.19
Person may obtain copy of mining lease application
sec.19 Person may obtain copy of mining lease application
A person may apply, in writing, to the chief executive for a copy of an application for a mining lease.
The application for the copy must be accompanied by the prescribed fee.
However, the chief executive must not give the person a copy of a statement that accompanied the application for the mining lease if the statement contains information about the financial or technical resources of the applicant for the mining lease.
(sec.19-ssec.1) A person may apply, in writing, to the chief executive for a copy of an application for a mining lease.
(sec.19-ssec.2) The application for the copy must be accompanied by the prescribed fee.
(sec.19-ssec.3) However, the chief executive must not give the person a copy of a statement that accompanied the application for the mining lease if the statement contains information about the financial or technical resources of the applicant for the mining lease.
sec.20
Documents to be given by holder of mining lease to owners of land— Act , s 286
sec.20 Documents to be given by holder of mining lease to owners of land— Act , s 286
For section 286 (3) (a) of the Act , the document called ‘A guide to landholder compensation for mining claims and mining leases’ made by the chief executive and published on the department’s website is prescribed.
ch.2-pt.4-div.2
Required knowledge
Required knowledge
sec.21
Required level of knowledge about resources or reserves of petroleum— Act , s 318BA
sec.21 Required level of knowledge about resources or reserves of petroleum— Act , s 318BA
This section prescribes, for section 318BA (1) (c) of the Act , the required level of knowledge about a resource or reserve (the deposit ) of petroleum in the land.
The Minister must be satisfied that—
at least 20% of the deposit is a proved or probable reserve under the relevant codes; and
the remainder of the deposit, if any, is a low or best estimate contingent resource under the relevant codes.
Also, for a deposit of coal seam gas, the Minister must be satisfied that—
there is adequate geological continuity for each coal seam ( relevant coal seam ) in relation to which the deposit occurs; and
there is adequate data to establish each of the following—
the composition of the gas in the natural underground reservoir;
the volume of the gas in the natural underground reservoir in relation to the mass of the coal seam;
flow rates for the natural underground reservoir, based on information obtained from drill stem or other tests; and
sufficient production testing for coal seam gas has been undertaken throughout the deposit in the relevant coal seams to provide adequate certainty in relation to the estimations required under subsection (2) (a) and (b) ; and
there are reasonable prospects for the economic production of coal seam gas from the deposit.
The Minister may have regard to the JORC code in deciding the amount of data required—
for a deposit of coal seam gas—to make estimates of the deposit for subsection (2) (a) and (b) ; or
for the Minister to be satisfied of the matters mentioned in subsection (3) (a) to (c) .
In this section—
JORC code means the professional code of practice called the ‘Australasian code for reporting of exploration results, mineral resources and ore reserves’ published by the Australasian Joint Ore Reserves Committee and available on the department’s website.
relevant codes see section 318BA (4) of the Act .
(sec.21-ssec.1) This section prescribes, for section 318BA (1) (c) of the Act , the required level of knowledge about a resource or reserve (the deposit ) of petroleum in the land.
(sec.21-ssec.2) The Minister must be satisfied that— at least 20% of the deposit is a proved or probable reserve under the relevant codes; and the remainder of the deposit, if any, is a low or best estimate contingent resource under the relevant codes.
(sec.21-ssec.3) Also, for a deposit of coal seam gas, the Minister must be satisfied that— there is adequate geological continuity for each coal seam ( relevant coal seam ) in relation to which the deposit occurs; and there is adequate data to establish each of the following— the composition of the gas in the natural underground reservoir; the volume of the gas in the natural underground reservoir in relation to the mass of the coal seam; flow rates for the natural underground reservoir, based on information obtained from drill stem or other tests; and sufficient production testing for coal seam gas has been undertaken throughout the deposit in the relevant coal seams to provide adequate certainty in relation to the estimations required under subsection (2) (a) and (b) ; and there are reasonable prospects for the economic production of coal seam gas from the deposit.
(sec.21-ssec.4) The Minister may have regard to the JORC code in deciding the amount of data required— for a deposit of coal seam gas—to make estimates of the deposit for subsection (2) (a) and (b) ; or for the Minister to be satisfied of the matters mentioned in subsection (3) (a) to (c) .
(sec.21-ssec.5) In this section— JORC code means the professional code of practice called the ‘Australasian code for reporting of exploration results, mineral resources and ore reserves’ published by the Australasian Joint Ore Reserves Committee and available on the department’s website. relevant codes see section 318BA (4) of the Act .
(a) at least 20% of the deposit is a proved or probable reserve under the relevant codes; and
(b) the remainder of the deposit, if any, is a low or best estimate contingent resource under the relevant codes.
(a) there is adequate geological continuity for each coal seam ( relevant coal seam ) in relation to which the deposit occurs; and
(b) there is adequate data to establish each of the following— (i) the composition of the gas in the natural underground reservoir; (ii) the volume of the gas in the natural underground reservoir in relation to the mass of the coal seam; (iii) flow rates for the natural underground reservoir, based on information obtained from drill stem or other tests; and
(i) the composition of the gas in the natural underground reservoir;
(ii) the volume of the gas in the natural underground reservoir in relation to the mass of the coal seam;
(iii) flow rates for the natural underground reservoir, based on information obtained from drill stem or other tests; and
(c) sufficient production testing for coal seam gas has been undertaken throughout the deposit in the relevant coal seams to provide adequate certainty in relation to the estimations required under subsection (2) (a) and (b) ; and
(d) there are reasonable prospects for the economic production of coal seam gas from the deposit.
(i) the composition of the gas in the natural underground reservoir;
(ii) the volume of the gas in the natural underground reservoir in relation to the mass of the coal seam;
(iii) flow rates for the natural underground reservoir, based on information obtained from drill stem or other tests; and
(a) for a deposit of coal seam gas—to make estimates of the deposit for subsection (2) (a) and (b) ; or
(b) for the Minister to be satisfied of the matters mentioned in subsection (3) (a) to (c) .
ch.2-pt.4-div.3
Conditions applying to mining leases generally
Conditions applying to mining leases generally
sec.22
Conditions— Act , s 276
sec.22 Conditions— Act , s 276
For section 276 (1) (n) of the Act , the conditions to which a mining lease is subject are the conditions stated in—
schedule 1 , items 1 to 3; and
if the lease applies to occupied land— schedule 1 , item 4.
See also part 5 .
(a) schedule 1 , items 1 to 3; and
(b) if the lease applies to occupied land— schedule 1 , item 4.
ch.2-pt.4-div.4
Reports for coal or oil shale mining leases
Reports for coal or oil shale mining leases
sec.23
Activity reports— Act , s 315
sec.23 Activity reports— Act , s 315
For section 315 (1) (a) and (b) (i) of the Act , a holder of a coal or oil shale mining lease must give the Minister an activity report for the lease—
if the chief executive approves a day nominated by the holder—within 2 months after the approved day; or
otherwise—within 2 months after each anniversary day for the lease.
For section 315 (1) (b) (ii) of the Act , the activity report must contain the following—
details of each of the following for the reporting period for the report—
the amount and location of coal seam gas mined;
the amount of each designated CSG product mined;
the percentage of methane in each designated CSG product mined;
the amount and location of each mineral, other than designated CSG product, mined;
for each mineral mentioned in subparagraph (i) or (ii) —
the amount sold; and
the amount disposed of other than by sale; and
each method of disposal other than sale; and
the amount disposed of under each method other than sale;
whether there was any subsidence and, if there was any, its nature;
if the report states there was subsidence during the reporting period for the report—spatial information showing the extent of the subsidence;
spatial information of the mine workings for the coal or oil shale mining lease during the reporting period for the report;
any other data or information required under the practice direction.
In this section—
anniversary day , for a coal or oil shale mining lease, means a day that is the anniversary of the day on which the lease started.
mine workings , for a coal or oil shale mining lease, means land that covers any of the following workings or activities or is needed for post-production activities—
past mine workings for the lease;
current mine workings for the lease;
authorised activities for the lease associated with the processing, transportation, storage or use of the coal seam gas produced.
reporting day , for a coal or oil shale mining lease, means—
if a day is approved under subsection (1) (a) —the approved day; or
otherwise—the anniversary day for the lease.
reporting period , for an activity report for a coal or oil shale mining lease, means—
if the chief executive has approved a day under subsection (1) (a) , the period that—
starts on the most recent reporting day for the lease; and
ends on the day before the approved day; or
if subsection (1) (b) applies, the period of 12 months that ends on the day before the reporting day for the lease; or
if the lease has ended, the period that—
starts on the last reporting day for the lease; and
ends on the day the lease ends.
(sec.23-ssec.1) For section 315 (1) (a) and (b) (i) of the Act , a holder of a coal or oil shale mining lease must give the Minister an activity report for the lease— if the chief executive approves a day nominated by the holder—within 2 months after the approved day; or otherwise—within 2 months after each anniversary day for the lease.
(sec.23-ssec.2) For section 315 (1) (b) (ii) of the Act , the activity report must contain the following— details of each of the following for the reporting period for the report— the amount and location of coal seam gas mined; the amount of each designated CSG product mined; the percentage of methane in each designated CSG product mined; the amount and location of each mineral, other than designated CSG product, mined; for each mineral mentioned in subparagraph (i) or (ii) — the amount sold; and the amount disposed of other than by sale; and each method of disposal other than sale; and the amount disposed of under each method other than sale; whether there was any subsidence and, if there was any, its nature; if the report states there was subsidence during the reporting period for the report—spatial information showing the extent of the subsidence; spatial information of the mine workings for the coal or oil shale mining lease during the reporting period for the report; any other data or information required under the practice direction.
(sec.23-ssec.3) In this section— anniversary day , for a coal or oil shale mining lease, means a day that is the anniversary of the day on which the lease started. mine workings , for a coal or oil shale mining lease, means land that covers any of the following workings or activities or is needed for post-production activities— past mine workings for the lease; current mine workings for the lease; authorised activities for the lease associated with the processing, transportation, storage or use of the coal seam gas produced. reporting day , for a coal or oil shale mining lease, means— if a day is approved under subsection (1) (a) —the approved day; or otherwise—the anniversary day for the lease. reporting period , for an activity report for a coal or oil shale mining lease, means— if the chief executive has approved a day under subsection (1) (a) , the period that— starts on the most recent reporting day for the lease; and ends on the day before the approved day; or if subsection (1) (b) applies, the period of 12 months that ends on the day before the reporting day for the lease; or if the lease has ended, the period that— starts on the last reporting day for the lease; and ends on the day the lease ends.
(a) if the chief executive approves a day nominated by the holder—within 2 months after the approved day; or
(b) otherwise—within 2 months after each anniversary day for the lease.
(a) details of each of the following for the reporting period for the report— (i) the amount and location of coal seam gas mined; (ii) the amount of each designated CSG product mined; (iii) the percentage of methane in each designated CSG product mined; (iv) the amount and location of each mineral, other than designated CSG product, mined; (v) for each mineral mentioned in subparagraph (i) or (ii) — (A) the amount sold; and (B) the amount disposed of other than by sale; and (C) each method of disposal other than sale; and (D) the amount disposed of under each method other than sale; (vi) whether there was any subsidence and, if there was any, its nature;
(i) the amount and location of coal seam gas mined;
(ii) the amount of each designated CSG product mined;
(iii) the percentage of methane in each designated CSG product mined;
(iv) the amount and location of each mineral, other than designated CSG product, mined;
(v) for each mineral mentioned in subparagraph (i) or (ii) — (A) the amount sold; and (B) the amount disposed of other than by sale; and (C) each method of disposal other than sale; and (D) the amount disposed of under each method other than sale;
(A) the amount sold; and
(B) the amount disposed of other than by sale; and
(C) each method of disposal other than sale; and
(D) the amount disposed of under each method other than sale;
(vi) whether there was any subsidence and, if there was any, its nature;
(b) if the report states there was subsidence during the reporting period for the report—spatial information showing the extent of the subsidence;
(c) spatial information of the mine workings for the coal or oil shale mining lease during the reporting period for the report;
(d) any other data or information required under the practice direction.
(i) the amount and location of coal seam gas mined;
(ii) the amount of each designated CSG product mined;
(iii) the percentage of methane in each designated CSG product mined;
(iv) the amount and location of each mineral, other than designated CSG product, mined;
(v) for each mineral mentioned in subparagraph (i) or (ii) — (A) the amount sold; and (B) the amount disposed of other than by sale; and (C) each method of disposal other than sale; and (D) the amount disposed of under each method other than sale;
(A) the amount sold; and
(B) the amount disposed of other than by sale; and
(C) each method of disposal other than sale; and
(D) the amount disposed of under each method other than sale;
(vi) whether there was any subsidence and, if there was any, its nature;
(A) the amount sold; and
(B) the amount disposed of other than by sale; and
(C) each method of disposal other than sale; and
(D) the amount disposed of under each method other than sale;
(a) past mine workings for the lease;
(b) current mine workings for the lease;
(c) authorised activities for the lease associated with the processing, transportation, storage or use of the coal seam gas produced.
(a) if a day is approved under subsection (1) (a) —the approved day; or
(b) otherwise—the anniversary day for the lease.
(a) if the chief executive has approved a day under subsection (1) (a) , the period that— (i) starts on the most recent reporting day for the lease; and (ii) ends on the day before the approved day; or
(i) starts on the most recent reporting day for the lease; and
(ii) ends on the day before the approved day; or
(b) if subsection (1) (b) applies, the period of 12 months that ends on the day before the reporting day for the lease; or
(c) if the lease has ended, the period that— (i) starts on the last reporting day for the lease; and (ii) ends on the day the lease ends.
(i) starts on the last reporting day for the lease; and
(ii) ends on the day the lease ends.
(i) starts on the most recent reporting day for the lease; and
(ii) ends on the day before the approved day; or
(i) starts on the last reporting day for the lease; and
(ii) ends on the day the lease ends.
sec.24
Relinquishment report— Act , s 315A
sec.24 Relinquishment report— Act , s 315A
This section applies if, under a relinquishment condition, a holder of a coal or oil shale mining lease relinquishes part of the area of the lease (the relinquished area ).
For section 315A (2) (a) and (b) (i) of the Act , the holder must give the Minister a report about the relinquishment (the relinquishment report ) when the holder gives notice of the relinquishment under section 318BM of the Act .
For section 315A (2) (b) (ii) of the Act , the relinquishment report must contain the following—
the authorised activities carried out in the relinquished area;
the results of the activities mentioned in paragraph (a) ;
any other data or information required under the practice direction.
For section 315A (2) (b) (iii) of the Act , the holder must give a copy of the relinquishment report to each person who—
holds an authority to prospect over land to which the report relates; or
has applied for a petroleum lease over land to which the report relates.
(sec.24-ssec.1) This section applies if, under a relinquishment condition, a holder of a coal or oil shale mining lease relinquishes part of the area of the lease (the relinquished area ).
(sec.24-ssec.2) For section 315A (2) (a) and (b) (i) of the Act , the holder must give the Minister a report about the relinquishment (the relinquishment report ) when the holder gives notice of the relinquishment under section 318BM of the Act .
(sec.24-ssec.3) For section 315A (2) (b) (ii) of the Act , the relinquishment report must contain the following— the authorised activities carried out in the relinquished area; the results of the activities mentioned in paragraph (a) ; any other data or information required under the practice direction.
(sec.24-ssec.4) For section 315A (2) (b) (iii) of the Act , the holder must give a copy of the relinquishment report to each person who— holds an authority to prospect over land to which the report relates; or has applied for a petroleum lease over land to which the report relates.
(a) the authorised activities carried out in the relinquished area;
(b) the results of the activities mentioned in paragraph (a) ;
(c) any other data or information required under the practice direction.
(a) holds an authority to prospect over land to which the report relates; or
(b) has applied for a petroleum lease over land to which the report relates.
sec.25
Surrender report— Act , s 315B
sec.25 Surrender report— Act , s 315B
This section applies if a holder of a coal or oil shale mining lease is required under section 318EG of the Act to make an application under section 309 of the Act (the surrender application ) to surrender a stated part or percentage of the area of the lease (the surrendered area ).
For section 315B (2) (a) and (b) (i) of the Act , the holder must give the Minister a report about the surrender (the surrender report ) when the holder makes the surrender application.
For section 315B (2) (b) (ii) of the Act , the surrender report must contain the following—
the authorised activities carried out in the surrendered area;
the results of the activities mentioned in paragraph (a) ;
any other data or information required under the practice direction.
(sec.25-ssec.1) This section applies if a holder of a coal or oil shale mining lease is required under section 318EG of the Act to make an application under section 309 of the Act (the surrender application ) to surrender a stated part or percentage of the area of the lease (the surrendered area ).
(sec.25-ssec.2) For section 315B (2) (a) and (b) (i) of the Act , the holder must give the Minister a report about the surrender (the surrender report ) when the holder makes the surrender application.
(sec.25-ssec.3) For section 315B (2) (b) (ii) of the Act , the surrender report must contain the following— the authorised activities carried out in the surrendered area; the results of the activities mentioned in paragraph (a) ; any other data or information required under the practice direction.
(a) the authorised activities carried out in the surrendered area;
(b) the results of the activities mentioned in paragraph (a) ;
(c) any other data or information required under the practice direction.
sec.26
Notice of intention to drill
sec.26 Notice of intention to drill
If the holder of a coal or oil shale mining lease intends to drill a CSG well, the holder must lodge a notice about the intended drilling.
The notice must—
be lodged at least 10 business days before the drilling starts; and
be in the digital form approved by the chief executive; and
state a proposed identifying name for the CSG well.
The proposed identifying name for the CSG well must not be the same, or substantially the same, as an identifying name for another CSG well or petroleum well recorded in the register.
(sec.26-ssec.1) If the holder of a coal or oil shale mining lease intends to drill a CSG well, the holder must lodge a notice about the intended drilling.
(sec.26-ssec.2) The notice must— be lodged at least 10 business days before the drilling starts; and be in the digital form approved by the chief executive; and state a proposed identifying name for the CSG well.
(sec.26-ssec.3) The proposed identifying name for the CSG well must not be the same, or substantially the same, as an identifying name for another CSG well or petroleum well recorded in the register.
(a) be lodged at least 10 business days before the drilling starts; and
(b) be in the digital form approved by the chief executive; and
(c) state a proposed identifying name for the CSG well.
sec.27
Notice about completion, alteration or abandonment
sec.27 Notice about completion, alteration or abandonment
If any of the following events happens under a coal or oil shale mining lease, the holder of the lease must lodge a notice about the event—
the completion of the drilling of a CSG well;
a change in the completion configuration of a CSG well;
the abandonment of a CSG well.
For subsection (1) (a) , the drilling of a CSG well is completed if—
the drilling rig last used to drill the CSG well is moved so the drilling rig is no longer above the CSG well; and
the holder of the coal or oil shale mining lease intends no further drilling of the CSG well to occur.
For subsection (1) (b) , the completion configuration of a CSG well changes if, after the completion of the drilling of the well—
additional casing is installed in the CSG well; or
any part of the CSG well is plugged, other than for decommissioning the CSG well; or
an interval in the CSG well is altered in any other way.
The notice must—
be lodged within 10 business days after the event happens; and
be in the approved form.
(sec.27-ssec.1) If any of the following events happens under a coal or oil shale mining lease, the holder of the lease must lodge a notice about the event— the completion of the drilling of a CSG well; a change in the completion configuration of a CSG well; the abandonment of a CSG well.
(sec.27-ssec.2) For subsection (1) (a) , the drilling of a CSG well is completed if— the drilling rig last used to drill the CSG well is moved so the drilling rig is no longer above the CSG well; and the holder of the coal or oil shale mining lease intends no further drilling of the CSG well to occur.
(sec.27-ssec.3) For subsection (1) (b) , the completion configuration of a CSG well changes if, after the completion of the drilling of the well— additional casing is installed in the CSG well; or any part of the CSG well is plugged, other than for decommissioning the CSG well; or an interval in the CSG well is altered in any other way.
(sec.27-ssec.4) The notice must— be lodged within 10 business days after the event happens; and be in the approved form.
(a) the completion of the drilling of a CSG well;
(b) a change in the completion configuration of a CSG well;
(c) the abandonment of a CSG well.
(a) the drilling rig last used to drill the CSG well is moved so the drilling rig is no longer above the CSG well; and
(b) the holder of the coal or oil shale mining lease intends no further drilling of the CSG well to occur.
(a) additional casing is installed in the CSG well; or
(b) any part of the CSG well is plugged, other than for decommissioning the CSG well; or
(c) an interval in the CSG well is altered in any other way.
(a) be lodged within 10 business days after the event happens; and
(b) be in the approved form.
sec.28
Daily drilling report
sec.28 Daily drilling report
The holder of a coal or oil shale mining lease must keep a report (a daily drilling report ) for each day on which drilling of a CSG well is carried out under the lease.
The holder must lodge a copy of each daily drilling report at the same time the holder lodges the CSG well completion report under section 29 for the well.
Also, if the chief executive gives the holder a notice requiring the holder to lodge a copy of a daily drilling report, the holder must lodge the copy within 10 business days after the notice is given.
A daily drilling report for drilling of a CSG well carried out under a coal or oil shale mining lease must contain the following about the drilling carried out on the day to which the report relates—
the number of the lease;
the identifying name of the CSG well;
the name of the holder of the lease;
the type of drilling rig used;
a summary of the drilling operations carried out;
the depth in metres of the CSG well at the end of the day’s drilling;
the size and type of drill bits used;
the drilling fluids and additives used;
the size and depth in metres of any casing inserted in the CSG well;
the depth in metres of the top and bottom of each cemented interval in the CSG well;
the results of any deviation surveys carried out in the CSG well;
a description of any drill stem tests or other tests carried out in the CSG well;
the depth in metres of the top and bottom of each hydrocarbon show interval in the CSG well and the type and description of any surface observations of each interval;
the type of any perforations in the CSG well, the depth in metres of the top and bottom of each perforated interval and the perforation spacing in metres;
details of any stimulation carried out;
details of any squeeze cementing or cement plugging carried out;
a description of any cores or cutting samples taken;
any other data or information required under the practice direction.
In this section—
deviation survey means a survey of the path of a CSG well that measures its direction in 3 dimensions.
proppant means a solid material used to keep an induced hydraulic fracture open during, or after, stimulation of a natural underground reservoir.
sand, treated sand and manufactured ceramic materials
stimulation means a technique used to increase the permeability of a natural underground reservoir, including, for example, hydraulic fracturing, cavitation, fracture acidising and treatments using a proppant.
(sec.28-ssec.1) The holder of a coal or oil shale mining lease must keep a report (a daily drilling report ) for each day on which drilling of a CSG well is carried out under the lease.
(sec.28-ssec.2) The holder must lodge a copy of each daily drilling report at the same time the holder lodges the CSG well completion report under section 29 for the well.
(sec.28-ssec.3) Also, if the chief executive gives the holder a notice requiring the holder to lodge a copy of a daily drilling report, the holder must lodge the copy within 10 business days after the notice is given.
(sec.28-ssec.4) A daily drilling report for drilling of a CSG well carried out under a coal or oil shale mining lease must contain the following about the drilling carried out on the day to which the report relates— the number of the lease; the identifying name of the CSG well; the name of the holder of the lease; the type of drilling rig used; a summary of the drilling operations carried out; the depth in metres of the CSG well at the end of the day’s drilling; the size and type of drill bits used; the drilling fluids and additives used; the size and depth in metres of any casing inserted in the CSG well; the depth in metres of the top and bottom of each cemented interval in the CSG well; the results of any deviation surveys carried out in the CSG well; a description of any drill stem tests or other tests carried out in the CSG well; the depth in metres of the top and bottom of each hydrocarbon show interval in the CSG well and the type and description of any surface observations of each interval; the type of any perforations in the CSG well, the depth in metres of the top and bottom of each perforated interval and the perforation spacing in metres; details of any stimulation carried out; details of any squeeze cementing or cement plugging carried out; a description of any cores or cutting samples taken; any other data or information required under the practice direction.
(sec.28-ssec.5) In this section— deviation survey means a survey of the path of a CSG well that measures its direction in 3 dimensions. proppant means a solid material used to keep an induced hydraulic fracture open during, or after, stimulation of a natural underground reservoir. sand, treated sand and manufactured ceramic materials stimulation means a technique used to increase the permeability of a natural underground reservoir, including, for example, hydraulic fracturing, cavitation, fracture acidising and treatments using a proppant.
(a) the number of the lease;
(b) the identifying name of the CSG well;
(c) the name of the holder of the lease;
(d) the type of drilling rig used;
(e) a summary of the drilling operations carried out;
(f) the depth in metres of the CSG well at the end of the day’s drilling;
(g) the size and type of drill bits used;
(h) the drilling fluids and additives used;
(i) the size and depth in metres of any casing inserted in the CSG well;
(j) the depth in metres of the top and bottom of each cemented interval in the CSG well;
(k) the results of any deviation surveys carried out in the CSG well;
(l) a description of any drill stem tests or other tests carried out in the CSG well;
(m) the depth in metres of the top and bottom of each hydrocarbon show interval in the CSG well and the type and description of any surface observations of each interval;
(n) the type of any perforations in the CSG well, the depth in metres of the top and bottom of each perforated interval and the perforation spacing in metres;
(o) details of any stimulation carried out;
(p) details of any squeeze cementing or cement plugging carried out;
(q) a description of any cores or cutting samples taken;
(r) any other data or information required under the practice direction.
sec.29
CSG well completion report
sec.29 CSG well completion report
If the drilling of a CSG well under a coal or oil shale mining lease is completed, the holder of the lease must lodge a report (a CSG well completion report ) about the completion of the CSG well within 12 months after the rig release day for the CSG well.
The CSG well completion report must contain the following—
the number of the lease;
the identifying name of the CSG well;
the name and postal address of the operator of the CSG well;
a summary of the CSG well stating the information for the well required under the practice direction;
spatial information showing the location of the CSG well;
the height reference in metres for the drilling rig used to drill the CSG well;
the total depth in metres of the CSG well;
each of the following days—
the day the drilling of the CSG well started;
the day the total depth of the CSG well was reached;
the rig release day for the CSG well;
details of the drilling rig, the size and type of drill bits, and the drilling fluids and additives, used in the CSG well;
the status of the CSG well on the rig release day;
the surveyed path of the CSG well;
details of the casing and equipment installed in the CSG well, including a diagram showing the location of the casing and equipment in the CSG well;
the type of any perforations in the CSG well, the depth in metres of the top and bottom of each perforated interval and the perforation spacing in metres;
details of the cementing in the CSG well, including the location of the cementing, the type of cement used and the depth in metres of the top and bottom of each cemented interval;
a description of all tests and surveys carried out in the CSG well, the depth in metres where each test was carried out and the distance in metres between the top and bottom of each testing interval;
an interpretation of the data obtained from the CSG well;
an identification of the intervals in the CSG well that have the potential to produce coal seam gas;
the holder’s reasons for choosing the location of the CSG well;
the hazard information for the lease;
any other data or information required under the practice direction.
For a directional well, the CSG well completion report must also state the position of each of the following—
the stratigraphic units intersected by the CSG well;
the bottom of the CSG well;
the intersection, if any, of the CSG well with another CSG well or a petroleum well.
For subsection (3) , the position must be expressed in relation to—
total vertical depth in metres; and
the horizontal plane.
The CSG well completion report must be accompanied by each of the following—
a digital image of the cores taken during the drilling of the CSG well;
the raw data, in digital form, of each geophysical (or wireline) log that has been run in the CSG well;
a digital image of the graphic representations of the raw data mentioned in paragraph (b) .
In this section—
directional well means a part of a CSG well that is intentionally not drilled vertically.
status , of a CSG well, means any of the following that describes the CSG well—
for a CSG well that is producing—producing;
for a CSG well that has temporarily stopped producing CSG—shut in;
for a CSG well that is capable of producing CSG but the productive interval in the well has not been completed for production—cased and suspended;
for a CSG well that has been plugged and abandoned—plugged and abandoned.
(sec.29-ssec.1) If the drilling of a CSG well under a coal or oil shale mining lease is completed, the holder of the lease must lodge a report (a CSG well completion report ) about the completion of the CSG well within 12 months after the rig release day for the CSG well.
(sec.29-ssec.2) The CSG well completion report must contain the following— the number of the lease; the identifying name of the CSG well; the name and postal address of the operator of the CSG well; a summary of the CSG well stating the information for the well required under the practice direction; spatial information showing the location of the CSG well; the height reference in metres for the drilling rig used to drill the CSG well; the total depth in metres of the CSG well; each of the following days— the day the drilling of the CSG well started; the day the total depth of the CSG well was reached; the rig release day for the CSG well; details of the drilling rig, the size and type of drill bits, and the drilling fluids and additives, used in the CSG well; the status of the CSG well on the rig release day; the surveyed path of the CSG well; details of the casing and equipment installed in the CSG well, including a diagram showing the location of the casing and equipment in the CSG well; the type of any perforations in the CSG well, the depth in metres of the top and bottom of each perforated interval and the perforation spacing in metres; details of the cementing in the CSG well, including the location of the cementing, the type of cement used and the depth in metres of the top and bottom of each cemented interval; a description of all tests and surveys carried out in the CSG well, the depth in metres where each test was carried out and the distance in metres between the top and bottom of each testing interval; an interpretation of the data obtained from the CSG well; an identification of the intervals in the CSG well that have the potential to produce coal seam gas; the holder’s reasons for choosing the location of the CSG well; the hazard information for the lease; any other data or information required under the practice direction.
(sec.29-ssec.3) For a directional well, the CSG well completion report must also state the position of each of the following— the stratigraphic units intersected by the CSG well; the bottom of the CSG well; the intersection, if any, of the CSG well with another CSG well or a petroleum well.
(sec.29-ssec.4) For subsection (3) , the position must be expressed in relation to— total vertical depth in metres; and the horizontal plane.
(sec.29-ssec.5) The CSG well completion report must be accompanied by each of the following— a digital image of the cores taken during the drilling of the CSG well; the raw data, in digital form, of each geophysical (or wireline) log that has been run in the CSG well; a digital image of the graphic representations of the raw data mentioned in paragraph (b) .
(sec.29-ssec.6) In this section— directional well means a part of a CSG well that is intentionally not drilled vertically. status , of a CSG well, means any of the following that describes the CSG well— for a CSG well that is producing—producing; for a CSG well that has temporarily stopped producing CSG—shut in; for a CSG well that is capable of producing CSG but the productive interval in the well has not been completed for production—cased and suspended; for a CSG well that has been plugged and abandoned—plugged and abandoned.
(a) the number of the lease;
(b) the identifying name of the CSG well;
(c) the name and postal address of the operator of the CSG well;
(d) a summary of the CSG well stating the information for the well required under the practice direction;
(e) spatial information showing the location of the CSG well;
(f) the height reference in metres for the drilling rig used to drill the CSG well;
(g) the total depth in metres of the CSG well;
(h) each of the following days— (i) the day the drilling of the CSG well started; (ii) the day the total depth of the CSG well was reached; (iii) the rig release day for the CSG well;
(i) the day the drilling of the CSG well started;
(ii) the day the total depth of the CSG well was reached;
(iii) the rig release day for the CSG well;
(i) details of the drilling rig, the size and type of drill bits, and the drilling fluids and additives, used in the CSG well;
(j) the status of the CSG well on the rig release day;
(k) the surveyed path of the CSG well;
(l) details of the casing and equipment installed in the CSG well, including a diagram showing the location of the casing and equipment in the CSG well;
(m) the type of any perforations in the CSG well, the depth in metres of the top and bottom of each perforated interval and the perforation spacing in metres;
(n) details of the cementing in the CSG well, including the location of the cementing, the type of cement used and the depth in metres of the top and bottom of each cemented interval;
(o) a description of all tests and surveys carried out in the CSG well, the depth in metres where each test was carried out and the distance in metres between the top and bottom of each testing interval;
(p) an interpretation of the data obtained from the CSG well;
(q) an identification of the intervals in the CSG well that have the potential to produce coal seam gas;
(r) the holder’s reasons for choosing the location of the CSG well;
(s) the hazard information for the lease;
(t) any other data or information required under the practice direction.
(i) the day the drilling of the CSG well started;
(ii) the day the total depth of the CSG well was reached;
(iii) the rig release day for the CSG well;
(a) the stratigraphic units intersected by the CSG well;
(b) the bottom of the CSG well;
(c) the intersection, if any, of the CSG well with another CSG well or a petroleum well.
(a) total vertical depth in metres; and
(b) the horizontal plane.
(a) a digital image of the cores taken during the drilling of the CSG well;
(b) the raw data, in digital form, of each geophysical (or wireline) log that has been run in the CSG well;
(c) a digital image of the graphic representations of the raw data mentioned in paragraph (b) .
(a) for a CSG well that is producing—producing;
(b) for a CSG well that has temporarily stopped producing CSG—shut in;
(c) for a CSG well that is capable of producing CSG but the productive interval in the well has not been completed for production—cased and suspended;
(d) for a CSG well that has been plugged and abandoned—plugged and abandoned.
sec.30
CSG well abandonment report
sec.30 CSG well abandonment report
This section applies to the holder of a coal or oil shale mining lease or transitional lease in relation to the drilling of a CSG well under the lease if—
the CSG well is used for mining coal seam gas for a purpose mentioned in section 318CN (2) or 318CNA (2) of the Act ; and
the CSG well is plugged and abandoned after the rig release day for the CSG well.
The holder of the lease must lodge a report (an abandonment report ) about the abandonment of the CSG well within 6 months after the CSG well is abandoned.
The abandonment report must contain the following—
the number of the lease;
the identifying name of the CSG well;
the name of the holder of the lease;
the name of the operator of the CSG well;
the name of the author of the report;
a summary of the CSG well stating the information for the well required under the practice direction;
the following information in relation to the abandonment of the CSG well—
a full description of all equipment, including prescribed equipment, left in the CSG well, including the size and nature of the equipment and any features of the equipment that may cause a hazard to coal mining operations;
aluminium, electronics and batteries
the surveyed location of any prescribed equipment;
the method of the cementing operations carried out in or on the CSG well, including the location and type of plugs, the intervals covered by the operations, the volume and type of cement used, any losses of cement due to voids or permeable strata, and the methods used to overcome losses of cement;
the method, materials and volume of cement used to cement voids;
a description of procedures or activities undertaken for the abandonment of the CSG well;
any other data or information required under the practice direction.
In this section—
coal mining operations see the Coal Mining Safety and Health Act 1999 , schedule 3 .
prescribed equipment means—
metal equipment, other than casing; and
other equipment that may create a hazard to coal mining operations.
drilling equipment and geophysical logging tools
(sec.30-ssec.1) This section applies to the holder of a coal or oil shale mining lease or transitional lease in relation to the drilling of a CSG well under the lease if— the CSG well is used for mining coal seam gas for a purpose mentioned in section 318CN (2) or 318CNA (2) of the Act ; and the CSG well is plugged and abandoned after the rig release day for the CSG well.
(sec.30-ssec.2) The holder of the lease must lodge a report (an abandonment report ) about the abandonment of the CSG well within 6 months after the CSG well is abandoned.
(sec.30-ssec.3) The abandonment report must contain the following— the number of the lease; the identifying name of the CSG well; the name of the holder of the lease; the name of the operator of the CSG well; the name of the author of the report; a summary of the CSG well stating the information for the well required under the practice direction; the following information in relation to the abandonment of the CSG well— a full description of all equipment, including prescribed equipment, left in the CSG well, including the size and nature of the equipment and any features of the equipment that may cause a hazard to coal mining operations; aluminium, electronics and batteries the surveyed location of any prescribed equipment; the method of the cementing operations carried out in or on the CSG well, including the location and type of plugs, the intervals covered by the operations, the volume and type of cement used, any losses of cement due to voids or permeable strata, and the methods used to overcome losses of cement; the method, materials and volume of cement used to cement voids; a description of procedures or activities undertaken for the abandonment of the CSG well; any other data or information required under the practice direction.
(sec.30-ssec.4) In this section— coal mining operations see the Coal Mining Safety and Health Act 1999 , schedule 3 . prescribed equipment means— metal equipment, other than casing; and other equipment that may create a hazard to coal mining operations. drilling equipment and geophysical logging tools
(a) the CSG well is used for mining coal seam gas for a purpose mentioned in section 318CN (2) or 318CNA (2) of the Act ; and
(b) the CSG well is plugged and abandoned after the rig release day for the CSG well.
(a) the number of the lease;
(b) the identifying name of the CSG well;
(c) the name of the holder of the lease;
(d) the name of the operator of the CSG well;
(e) the name of the author of the report;
(f) a summary of the CSG well stating the information for the well required under the practice direction;
(g) the following information in relation to the abandonment of the CSG well— (i) a full description of all equipment, including prescribed equipment, left in the CSG well, including the size and nature of the equipment and any features of the equipment that may cause a hazard to coal mining operations; Examples of features of equipment that may cause a hazard to coal mining operations— aluminium, electronics and batteries (ii) the surveyed location of any prescribed equipment; (iii) the method of the cementing operations carried out in or on the CSG well, including the location and type of plugs, the intervals covered by the operations, the volume and type of cement used, any losses of cement due to voids or permeable strata, and the methods used to overcome losses of cement; (iv) the method, materials and volume of cement used to cement voids; (v) a description of procedures or activities undertaken for the abandonment of the CSG well;
(i) a full description of all equipment, including prescribed equipment, left in the CSG well, including the size and nature of the equipment and any features of the equipment that may cause a hazard to coal mining operations; Examples of features of equipment that may cause a hazard to coal mining operations— aluminium, electronics and batteries
(ii) the surveyed location of any prescribed equipment;
(iii) the method of the cementing operations carried out in or on the CSG well, including the location and type of plugs, the intervals covered by the operations, the volume and type of cement used, any losses of cement due to voids or permeable strata, and the methods used to overcome losses of cement;
(iv) the method, materials and volume of cement used to cement voids;
(v) a description of procedures or activities undertaken for the abandonment of the CSG well;
(h) any other data or information required under the practice direction.
(i) a full description of all equipment, including prescribed equipment, left in the CSG well, including the size and nature of the equipment and any features of the equipment that may cause a hazard to coal mining operations; Examples of features of equipment that may cause a hazard to coal mining operations— aluminium, electronics and batteries
(ii) the surveyed location of any prescribed equipment;
(iii) the method of the cementing operations carried out in or on the CSG well, including the location and type of plugs, the intervals covered by the operations, the volume and type of cement used, any losses of cement due to voids or permeable strata, and the methods used to overcome losses of cement;
(iv) the method, materials and volume of cement used to cement voids;
(v) a description of procedures or activities undertaken for the abandonment of the CSG well;
(a) metal equipment, other than casing; and
(b) other equipment that may create a hazard to coal mining operations.
ch.2-pt.5
Additional conditions for mining tenements relating to designated restricted areas
Additional conditions for mining tenements relating to designated restricted areas
sec.31
Definition for part
sec.31 Definition for part
In this part—
designated restricted area means each of the following restricted areas—
restricted area 1;
restricted area 25;
restricted area 77.
(a) restricted area 1;
(b) restricted area 25;
(c) restricted area 77.
sec.32
Conditions about access shafts— Act , ss 81 and 276
sec.32 Conditions about access shafts— Act , ss 81 and 276
This section prescribes additional conditions, under sections 81 (1) (p) and 276 (1) (n) of the Act , for either of the following mining tenements over a designated restricted area—
a mining claim;
a mining lease.
An access shaft used for authorised activities under the mining tenement in the designated restricted area must—
not have a diameter of more than 1m; and
be backfilled after the authorised activity, for which the access shaft was used, ends.
Also—
not more than 3 access shafts used for authorised activities under the mining tenement may be open, at any time, in the designated restricted area; and
an opened access shaft used for authorised activities under the mining tenement must be interconnected for ventilation and egress while the authorised activity, for which the access shaft is used, is being carried on.
(sec.32-ssec.1) This section prescribes additional conditions, under sections 81 (1) (p) and 276 (1) (n) of the Act , for either of the following mining tenements over a designated restricted area— a mining claim; a mining lease.
(sec.32-ssec.2) An access shaft used for authorised activities under the mining tenement in the designated restricted area must— not have a diameter of more than 1m; and be backfilled after the authorised activity, for which the access shaft was used, ends.
(sec.32-ssec.3) Also— not more than 3 access shafts used for authorised activities under the mining tenement may be open, at any time, in the designated restricted area; and an opened access shaft used for authorised activities under the mining tenement must be interconnected for ventilation and egress while the authorised activity, for which the access shaft is used, is being carried on.
(a) a mining claim;
(b) a mining lease.
(a) not have a diameter of more than 1m; and
(b) be backfilled after the authorised activity, for which the access shaft was used, ends.
(a) not more than 3 access shafts used for authorised activities under the mining tenement may be open, at any time, in the designated restricted area; and
(b) an opened access shaft used for authorised activities under the mining tenement must be interconnected for ventilation and egress while the authorised activity, for which the access shaft is used, is being carried on.
ch.2-pt.6
Measuring and reporting the taking of associated water
Measuring and reporting the taking of associated water
sec.33
Requirements for measuring the taking of associated water— Act , s 334ZP
sec.33 Requirements for measuring the taking of associated water— Act , s 334ZP
This section prescribes, for section 334ZP (5) (a) of the Act , the requirements for the measurement or estimation of the volume of associated water taken by the holder of a mineral development licence or mining lease.
The volume of associated water taken as a result of dewatering of a surface mine or an underground mine in the area of the licence or lease, if the dewatering is achieved using bores, must be calculated by measuring the volume of underground water extracted from each active bore field through a meter complying with AS 4747-2013 (Meters for non-urban water supply).
The volume of associated water taken as a result of underground water entering a surface mine or an underground mine in the area of the licence or lease must be calculated by applying a method stated in the guideline for calculating the volume of associated water entering a surface mine or an underground mine.
Despite subsections (2) and (3) , the holder may calculate, in whole or in part, the volume of associated water taken using an alternative method—
submitted to the chief executive in writing with—
information supporting the reliability and accuracy of the method; and
an explanation of why the alternative method is preferred to the methods mentioned in subsection (2) ; and
approved by the chief executive.
In this section—
guideline means the guideline called ‘Quantifying the volume of associated water taken under a mining lease or mineral development licence’ made by the chief executive and published on the department’s website.
(sec.33-ssec.1) This section prescribes, for section 334ZP (5) (a) of the Act , the requirements for the measurement or estimation of the volume of associated water taken by the holder of a mineral development licence or mining lease.
(sec.33-ssec.2) The volume of associated water taken as a result of dewatering of a surface mine or an underground mine in the area of the licence or lease, if the dewatering is achieved using bores, must be calculated by measuring the volume of underground water extracted from each active bore field through a meter complying with AS 4747-2013 (Meters for non-urban water supply).
(sec.33-ssec.3) The volume of associated water taken as a result of underground water entering a surface mine or an underground mine in the area of the licence or lease must be calculated by applying a method stated in the guideline for calculating the volume of associated water entering a surface mine or an underground mine.
(sec.33-ssec.4) Despite subsections (2) and (3) , the holder may calculate, in whole or in part, the volume of associated water taken using an alternative method— submitted to the chief executive in writing with— information supporting the reliability and accuracy of the method; and an explanation of why the alternative method is preferred to the methods mentioned in subsection (2) ; and approved by the chief executive.
(sec.33-ssec.5) In this section— guideline means the guideline called ‘Quantifying the volume of associated water taken under a mining lease or mineral development licence’ made by the chief executive and published on the department’s website.
(a) submitted to the chief executive in writing with— (i) information supporting the reliability and accuracy of the method; and (ii) an explanation of why the alternative method is preferred to the methods mentioned in subsection (2) ; and
(i) information supporting the reliability and accuracy of the method; and
(ii) an explanation of why the alternative method is preferred to the methods mentioned in subsection (2) ; and
(b) approved by the chief executive.
(i) information supporting the reliability and accuracy of the method; and
(ii) an explanation of why the alternative method is preferred to the methods mentioned in subsection (2) ; and
sec.34
Requirements for reporting the taking of associated water— Act , s 334ZP
sec.34 Requirements for reporting the taking of associated water— Act , s 334ZP
This section prescribes, for section 334ZP (5) (b) of the Act , the requirements for the reporting of the volume of associated water taken by the holder of a mineral development licence or mining lease.
For each reporting period, the holder must report—
if the total volume of associated water taken in the area of the licence or lease during the reporting period is 2ML or more—the total volume of associated water taken in the area; and
if dewatering of a surface mine or an underground mine, in the area of the licence or lease, is achieved using bores—
the volume of associated water extracted from each active bore field during the reporting period; and
the source geological formation from which the associated water was taken; and
whether the source geological formation is artesian or subartesian; and
if, during the reporting period, the holder uses an alternative method under section 33 (3) for the first time—an explanation of the alternative method.
If the lease or licence expires or is surrendered, the holder must also report, for each surface mine in the area of the licence or lease—
the relationship between the horizontal area of any pit associated with the mine and the elevation from the bottom of the pit based on survey data for the pit; and
a prediction of the long term annual, steady state entry of underground water into any area of the mine that is rehabilitated; and
an explanation of the method the holder used to make the prediction mentioned in paragraph (b) .
The holder must report under this section—
if the reporting period ends on 31 October—within 1 calendar month after the end of the reporting period; or
otherwise—on the day the mineral development licence or mining lease expires or is surrendered.
In this section—
reporting period means the period that—
starts on 1 November; and
ends on—
31 October of the following year; or
if the mineral development licence or mining lease expires or is surrendered on a day before 31 October of the following year—that day.
(sec.34-ssec.1) This section prescribes, for section 334ZP (5) (b) of the Act , the requirements for the reporting of the volume of associated water taken by the holder of a mineral development licence or mining lease.
(sec.34-ssec.2) For each reporting period, the holder must report— if the total volume of associated water taken in the area of the licence or lease during the reporting period is 2ML or more—the total volume of associated water taken in the area; and if dewatering of a surface mine or an underground mine, in the area of the licence or lease, is achieved using bores— the volume of associated water extracted from each active bore field during the reporting period; and the source geological formation from which the associated water was taken; and whether the source geological formation is artesian or subartesian; and if, during the reporting period, the holder uses an alternative method under section 33 (3) for the first time—an explanation of the alternative method.
(sec.34-ssec.3) If the lease or licence expires or is surrendered, the holder must also report, for each surface mine in the area of the licence or lease— the relationship between the horizontal area of any pit associated with the mine and the elevation from the bottom of the pit based on survey data for the pit; and a prediction of the long term annual, steady state entry of underground water into any area of the mine that is rehabilitated; and an explanation of the method the holder used to make the prediction mentioned in paragraph (b) .
(sec.34-ssec.4) The holder must report under this section— if the reporting period ends on 31 October—within 1 calendar month after the end of the reporting period; or otherwise—on the day the mineral development licence or mining lease expires or is surrendered.
(sec.34-ssec.5) In this section— reporting period means the period that— starts on 1 November; and ends on— 31 October of the following year; or if the mineral development licence or mining lease expires or is surrendered on a day before 31 October of the following year—that day.
(a) if the total volume of associated water taken in the area of the licence or lease during the reporting period is 2ML or more—the total volume of associated water taken in the area; and
(b) if dewatering of a surface mine or an underground mine, in the area of the licence or lease, is achieved using bores— (i) the volume of associated water extracted from each active bore field during the reporting period; and (ii) the source geological formation from which the associated water was taken; and (iii) whether the source geological formation is artesian or subartesian; and
(i) the volume of associated water extracted from each active bore field during the reporting period; and
(ii) the source geological formation from which the associated water was taken; and
(iii) whether the source geological formation is artesian or subartesian; and
(c) if, during the reporting period, the holder uses an alternative method under section 33 (3) for the first time—an explanation of the alternative method.
(i) the volume of associated water extracted from each active bore field during the reporting period; and
(ii) the source geological formation from which the associated water was taken; and
(iii) whether the source geological formation is artesian or subartesian; and
(a) the relationship between the horizontal area of any pit associated with the mine and the elevation from the bottom of the pit based on survey data for the pit; and
(b) a prediction of the long term annual, steady state entry of underground water into any area of the mine that is rehabilitated; and
(c) an explanation of the method the holder used to make the prediction mentioned in paragraph (b) .
(a) if the reporting period ends on 31 October—within 1 calendar month after the end of the reporting period; or
(b) otherwise—on the day the mineral development licence or mining lease expires or is surrendered.
(a) starts on 1 November; and
(b) ends on— (i) 31 October of the following year; or (ii) if the mineral development licence or mining lease expires or is surrendered on a day before 31 October of the following year—that day.
(i) 31 October of the following year; or
(ii) if the mineral development licence or mining lease expires or is surrendered on a day before 31 October of the following year—that day.
(i) 31 October of the following year; or
(ii) if the mineral development licence or mining lease expires or is surrendered on a day before 31 October of the following year—that day.
sec.35
Requests for further information about calculations
sec.35 Requests for further information about calculations
This section applies if, under section 334ZP (5) (b) of the Act , the holder of a mineral development licence or mining lease reports to the chief executive the volume or estimated volume of associated water taken by the holder.
The chief executive may, by notice given to the holder, ask the holder to give further information within a stated period about the calculation of the volume or estimated volume reported.
The chief executive may, by notice given to the holder, extend the stated period.
The holder must comply with a request under subsection (2) , unless the holder has a reasonable excuse.
Maximum penalty—20 penalty units.
(sec.35-ssec.1) This section applies if, under section 334ZP (5) (b) of the Act , the holder of a mineral development licence or mining lease reports to the chief executive the volume or estimated volume of associated water taken by the holder.
(sec.35-ssec.2) The chief executive may, by notice given to the holder, ask the holder to give further information within a stated period about the calculation of the volume or estimated volume reported.
(sec.35-ssec.3) The chief executive may, by notice given to the holder, extend the stated period.
(sec.35-ssec.4) The holder must comply with a request under subsection (2) , unless the holder has a reasonable excuse. Maximum penalty—20 penalty units.
sec.36
Chief executive may review alternative method
sec.36 Chief executive may review alternative method
This section applies if the holder of a mineral development licence or mining lease uses an alternative method approved under section 33 (4) instead of a method mentioned in section 33 (2) or (3) (an original method ) for measuring or estimating the volume of associated water taken by the holder.
The chief executive may, at any time, review the alternative method to assess the reliability and accuracy of the method.
If, as a result of the review, the chief executive no longer considers the alternative method to be reliable or accurate—
the chief executive must, as soon as practicable, give the holder a notice stating the result of the review; and
for the next reporting period, the holder must use—
an original method; or
another alternative method that complies with section 33 (4) .
In this section—
reporting period see section 34 (5) .
(sec.36-ssec.1) This section applies if the holder of a mineral development licence or mining lease uses an alternative method approved under section 33 (4) instead of a method mentioned in section 33 (2) or (3) (an original method ) for measuring or estimating the volume of associated water taken by the holder.
(sec.36-ssec.2) The chief executive may, at any time, review the alternative method to assess the reliability and accuracy of the method.
(sec.36-ssec.3) If, as a result of the review, the chief executive no longer considers the alternative method to be reliable or accurate— the chief executive must, as soon as practicable, give the holder a notice stating the result of the review; and for the next reporting period, the holder must use— an original method; or another alternative method that complies with section 33 (4) .
(sec.36-ssec.4) In this section— reporting period see section 34 (5) .
(a) the chief executive must, as soon as practicable, give the holder a notice stating the result of the review; and
(b) for the next reporting period, the holder must use— (i) an original method; or (ii) another alternative method that complies with section 33 (4) .
(i) an original method; or
(ii) another alternative method that complies with section 33 (4) .
(i) an original method; or
(ii) another alternative method that complies with section 33 (4) .
ch.2-pt.7
Water monitoring bores
Water monitoring bores
sec.37
Plugging and abandoning water monitoring bores— Act , s 334ZZS
sec.37 Plugging and abandoning water monitoring bores— Act , s 334ZZS
For section 334ZZS (3) (a) of the Act , for decommissioning a water monitoring bore, the bore must be plugged and abandoned in accordance with the document called ‘Minimum construction requirements for water bores in Australia’ published on the department’s website.
ch.2-pt.8
Other provisions
Other provisions
sec.38
Particular applications can not be accepted
sec.38 Particular applications can not be accepted
A document (the document ) purporting to be an application for a mining tenement can not be accepted as an application if—
the person stated in the document as the applicant for the mining tenement is not an eligible person; or
the land, stated in the document as the land for which the application is made, is unavailable land for the mining tenement for which the application is made; or
the document is not in the approved form for an application for the mining tenement; or
See, however, the Acts Interpretation Act 1954 , section 48A .
the person has not paid the prescribed fee for the application.
If, under subsection (1) , the document can not be accepted as an application for a mining tenement, the chief executive must keep a copy of the document and give the person purporting to make the application a notice stating—
that the document has not been accepted as an application for the mining tenement; and
the reason the document has not been accepted.
In this section—
unavailable land , for a mining tenement, means land over which the mining tenement can not be granted under the Act .
land to which an existing mining tenement applies if the holder of the existing mining tenement is not the applicant or has not given the applicant written consent to apply for a mining tenement over the land
land that is part of a restricted area if the mining tenement is a prohibited mining tenement for the restricted area
land that is part of a protected area
land that has been excluded from the application of the Act by a law of the Commonwealth
(sec.38-ssec.1) A document (the document ) purporting to be an application for a mining tenement can not be accepted as an application if— the person stated in the document as the applicant for the mining tenement is not an eligible person; or the land, stated in the document as the land for which the application is made, is unavailable land for the mining tenement for which the application is made; or the document is not in the approved form for an application for the mining tenement; or See, however, the Acts Interpretation Act 1954 , section 48A . the person has not paid the prescribed fee for the application.
(sec.38-ssec.2) If, under subsection (1) , the document can not be accepted as an application for a mining tenement, the chief executive must keep a copy of the document and give the person purporting to make the application a notice stating— that the document has not been accepted as an application for the mining tenement; and the reason the document has not been accepted.
(sec.38-ssec.3) In this section— unavailable land , for a mining tenement, means land over which the mining tenement can not be granted under the Act . land to which an existing mining tenement applies if the holder of the existing mining tenement is not the applicant or has not given the applicant written consent to apply for a mining tenement over the land land that is part of a restricted area if the mining tenement is a prohibited mining tenement for the restricted area land that is part of a protected area land that has been excluded from the application of the Act by a law of the Commonwealth
(a) the person stated in the document as the applicant for the mining tenement is not an eligible person; or
(b) the land, stated in the document as the land for which the application is made, is unavailable land for the mining tenement for which the application is made; or
(c) the document is not in the approved form for an application for the mining tenement; or Note— See, however, the Acts Interpretation Act 1954 , section 48A .
(d) the person has not paid the prescribed fee for the application.
(a) that the document has not been accepted as an application for the mining tenement; and
(b) the reason the document has not been accepted.
• land to which an existing mining tenement applies if the holder of the existing mining tenement is not the applicant or has not given the applicant written consent to apply for a mining tenement over the land
• land that is part of a restricted area if the mining tenement is a prohibited mining tenement for the restricted area
• land that is part of a protected area
• land that has been excluded from the application of the Act by a law of the Commonwealth
sec.39
Prescribed minerals and prescribed thresholds
sec.39 Prescribed minerals and prescribed thresholds
For schedule 2 of the Act , definition prescribed mineral , each mineral mentioned in schedule 3 is prescribed to be a prescribed mineral.
For schedule 2 of the Act , definition prescribed threshold , the amount mentioned opposite a prescribed mineral in schedule 3 is prescribed to be the prescribed threshold for the mineral.
(sec.39-ssec.1) For schedule 2 of the Act , definition prescribed mineral , each mineral mentioned in schedule 3 is prescribed to be a prescribed mineral.
(sec.39-ssec.2) For schedule 2 of the Act , definition prescribed threshold , the amount mentioned opposite a prescribed mineral in schedule 3 is prescribed to be the prescribed threshold for the mineral.
sec.40 Rental payable— Act , ss 95 , 138 , 193 , 290 and 417
The rental payable under the Act , for a year, for a mining tenement is stated in schedule 4 .
However, for a mineral development licence that relates to more than 1,000ha, the rental payable on each hectare must be worked out at the following rate—
for the first 1,000ha—the rate mentioned in schedule 4 ;
for the next 1,000ha—40% of the rate mentioned in schedule 4 ;
for the next 3,000ha—25% of the rate mentioned in schedule 4 ;
for the next 10,000ha—5% of the rate mentioned in schedule 4 ;
for each additional hectare—1% of the rate mentioned in schedule 4 .
In this section—
year means—
for an exploration permit—a period of 1 year starting, in each year, on the day the exploration permit was granted; or
for another mining tenement—a rental year.
(sec.40-ssec.1) The rental payable under the Act , for a year, for a mining tenement is stated in schedule 4 .
(sec.40-ssec.2) However, for a mineral development licence that relates to more than 1,000ha, the rental payable on each hectare must be worked out at the following rate— for the first 1,000ha—the rate mentioned in schedule 4 ; for the next 1,000ha—40% of the rate mentioned in schedule 4 ; for the next 3,000ha—25% of the rate mentioned in schedule 4 ; for the next 10,000ha—5% of the rate mentioned in schedule 4 ; for each additional hectare—1% of the rate mentioned in schedule 4 .
(sec.40-ssec.3) In this section— year means— for an exploration permit—a period of 1 year starting, in each year, on the day the exploration permit was granted; or for another mining tenement—a rental year.
(a) for the first 1,000ha—the rate mentioned in schedule 4 ;
(b) for the next 1,000ha—40% of the rate mentioned in schedule 4 ;
(c) for the next 3,000ha—25% of the rate mentioned in schedule 4 ;
(d) for the next 10,000ha—5% of the rate mentioned in schedule 4 ;
(e) for each additional hectare—1% of the rate mentioned in schedule 4 .
(a) for an exploration permit—a period of 1 year starting, in each year, on the day the exploration permit was granted; or
(b) for another mining tenement—a rental year.
sec.41
Payment of deferred rental for first rental period by instalments— Act , s 291
sec.41 Payment of deferred rental for first rental period by instalments— Act , s 291
For section 291 (3) of the Act , this section provides for the payment of the initial rent for a mining lease.
The initial rent must be paid in 5 instalments.
The amount payable for each instalment is the amount equivalent to 20% of the initial rent rounded to the nearest cent.
Each instalment is payable within 20 business days after the following day—
for the first instalment—the day that is 3 years after the last day of the first rental period;
for the second instalment—the day that is 4 years after the last day of the first rental period;
for the third instalment—the day that is 5 years after the last day of the first rental period;
for the fourth instalment—the day that is 6 years after the last day of the first rental period;
for the fifth instalment—the day that is 7 years after the last day of the first rental period.
In this section—
initial rent see section 291 (6) of the Act , definition initial rent .
(sec.41-ssec.1) For section 291 (3) of the Act , this section provides for the payment of the initial rent for a mining lease.
(sec.41-ssec.2) The initial rent must be paid in 5 instalments.
(sec.41-ssec.3) The amount payable for each instalment is the amount equivalent to 20% of the initial rent rounded to the nearest cent.
(sec.41-ssec.4) Each instalment is payable within 20 business days after the following day— for the first instalment—the day that is 3 years after the last day of the first rental period; for the second instalment—the day that is 4 years after the last day of the first rental period; for the third instalment—the day that is 5 years after the last day of the first rental period; for the fourth instalment—the day that is 6 years after the last day of the first rental period; for the fifth instalment—the day that is 7 years after the last day of the first rental period.
(sec.41-ssec.5) In this section— initial rent see section 291 (6) of the Act , definition initial rent .
(a) for the first instalment—the day that is 3 years after the last day of the first rental period;
(b) for the second instalment—the day that is 4 years after the last day of the first rental period;
(c) for the third instalment—the day that is 5 years after the last day of the first rental period;
(d) for the fourth instalment—the day that is 6 years after the last day of the first rental period;
(e) for the fifth instalment—the day that is 7 years after the last day of the first rental period.
sec.42
Critical minerals— Act , s 291
sec.42 Critical minerals— Act , s 291
For section 291 (6) of the Act , definition critical mineral , each mineral mentioned in schedule 5 is prescribed to be a critical mineral.
ch.3-pt.1
Publication of required information
Publication of required information
sec.43
Confidentiality periods for required information for mining tenements— Act , s 382
sec.43 Confidentiality periods for required information for mining tenements— Act , s 382
This section prescribes, for section 382 (2) of the Act , the confidentiality period for the required information for a mining tenement mentioned in schedule 6 , column 1.
The confidentiality period for the required information for a mining tenement starts on the day the information is lodged and ends on the day mentioned in schedule 6 , column 2 opposite the required information.
There is no confidentiality period for a CSG well abandonment report under section 30 if—
the report is to be made available to a person under section 382 (1) (b) of the Act ; and
the person is the holder of a coal or oil shale mining tenement; and
the CSG well was drilled in the area of the person’s coal or oil shale mining tenement.
There is no confidentiality period for required information for a mining tenement not mentioned in schedule 6 , column 1.
(sec.43-ssec.1) This section prescribes, for section 382 (2) of the Act , the confidentiality period for the required information for a mining tenement mentioned in schedule 6 , column 1.
(sec.43-ssec.2) The confidentiality period for the required information for a mining tenement starts on the day the information is lodged and ends on the day mentioned in schedule 6 , column 2 opposite the required information.
(sec.43-ssec.3) There is no confidentiality period for a CSG well abandonment report under section 30 if— the report is to be made available to a person under section 382 (1) (b) of the Act ; and the person is the holder of a coal or oil shale mining tenement; and the CSG well was drilled in the area of the person’s coal or oil shale mining tenement.
(sec.43-ssec.4) There is no confidentiality period for required information for a mining tenement not mentioned in schedule 6 , column 1.
(a) the report is to be made available to a person under section 382 (1) (b) of the Act ; and
(b) the person is the holder of a coal or oil shale mining tenement; and
(c) the CSG well was drilled in the area of the person’s coal or oil shale mining tenement.
sec.44
How chief executive may publish required information— Act , s 382
sec.44 How chief executive may publish required information— Act , s 382
For section 382 (1) (a) of the Act , the chief executive may publish required information for a mining tenement in any of the following ways—
in a journal published by the department or under the Minister’s authority;
in another publication considered appropriate by the chief executive;
on the department’s website;
in a publicly available database;
on a map that is made available to the public for inspection or purchase;
in digital or electronic form, including, for example, on a disc or tape;
by displaying the information on a notice that is available to the public for inspection at—
the department’s head office; and
other places the chief executive considers appropriate;
by telling the information, or presenting the information in visual form, to another person.
(a) in a journal published by the department or under the Minister’s authority;
(b) in another publication considered appropriate by the chief executive;
(c) on the department’s website;
(d) in a publicly available database;
(e) on a map that is made available to the public for inspection or purchase;
(f) in digital or electronic form, including, for example, on a disc or tape;
(g) by displaying the information on a notice that is available to the public for inspection at— (i) the department’s head office; and (ii) other places the chief executive considers appropriate;
(i) the department’s head office; and
(ii) other places the chief executive considers appropriate;
(h) by telling the information, or presenting the information in visual form, to another person.
(i) the department’s head office; and
(ii) other places the chief executive considers appropriate;
ch.3-pt.2
Additional information and lodgement requirements
Additional information and lodgement requirements
sec.45
Plan of survey must be lodged
sec.45 Plan of survey must be lodged
This section applies if the Minister has, under section 407 of the Act , required the applicant for a grant of, or the holder of, a mining tenement to have the land to which the application relates or the tenement applies, surveyed or further surveyed.
The plan of survey for the land must be lodged with the chief executive.
If the plan of survey for the land does not meet the requirements of the Act , the chief executive may do either or both of the following—
give the applicant or holder a notice requiring the applicant or holder to give the chief executive, within a stated period, further information about the survey;
not accept the plan of survey.
In contravention of section 408 (1) of the Act , a survey is carried out by a surveyor who has a share in the mining tenement.
(sec.45-ssec.1) This section applies if the Minister has, under section 407 of the Act , required the applicant for a grant of, or the holder of, a mining tenement to have the land to which the application relates or the tenement applies, surveyed or further surveyed.
(sec.45-ssec.2) The plan of survey for the land must be lodged with the chief executive.
(sec.45-ssec.3) If the plan of survey for the land does not meet the requirements of the Act , the chief executive may do either or both of the following— give the applicant or holder a notice requiring the applicant or holder to give the chief executive, within a stated period, further information about the survey; not accept the plan of survey. In contravention of section 408 (1) of the Act , a survey is carried out by a surveyor who has a share in the mining tenement.
(a) give the applicant or holder a notice requiring the applicant or holder to give the chief executive, within a stated period, further information about the survey;
(b) not accept the plan of survey.
sec.46
Prescribed way for making applications, giving, filing, forwarding or lodging documents or making submissions— Act , s 386O
sec.46 Prescribed way for making applications, giving, filing, forwarding or lodging documents or making submissions— Act , s 386O
For section 386O (2) (b) of the Act , the prescribed way for doing any of the following is electronically, using the online system on the department’s website—
making an application;
giving a document to the Minister or chief executive;
filing, forwarding or lodging a document;
making a submission.
Also, the chief executive may, by notice given to the person making, giving, filing, forwarding or lodging a document under subsection (1) , require the person, within a stated period, to lodge a hard copy of the document at the place required under section 386O (2) (a) of the Act .
A document lodged under subsection (1) electronically between 4.30p.m. on a business day and 8.30a.m. on the next business day (the later day ) is taken to have been lodged at 8.30a.m. on the later day.
(sec.46-ssec.1) For section 386O (2) (b) of the Act , the prescribed way for doing any of the following is electronically, using the online system on the department’s website— making an application; giving a document to the Minister or chief executive; filing, forwarding or lodging a document; making a submission.
(sec.46-ssec.2) Also, the chief executive may, by notice given to the person making, giving, filing, forwarding or lodging a document under subsection (1) , require the person, within a stated period, to lodge a hard copy of the document at the place required under section 386O (2) (a) of the Act .
(sec.46-ssec.3) A document lodged under subsection (1) electronically between 4.30p.m. on a business day and 8.30a.m. on the next business day (the later day ) is taken to have been lodged at 8.30a.m. on the later day.
(a) making an application;
(b) giving a document to the Minister or chief executive;
(c) filing, forwarding or lodging a document;
(d) making a submission.
ch.3-pt.3
Small scale mining code
Small scale mining code
sec.47
Small scale mining code—Act, 391C
sec.47 Small scale mining code—Act, 391C
For section 391C (1) of the Act , the small scale mining code consists of parts 2 , 3 and 4 of the document called ‘Small scale mining code’ published by the department.
The chief executive must—
keep a copy of the code and a record of each part of the code including, for example, the dates of when each part was published or superseded; and
ensure an up-to-date copy of the code and the record are available on the department’s website.
(sec.47-ssec.1) For section 391C (1) of the Act , the small scale mining code consists of parts 2 , 3 and 4 of the document called ‘Small scale mining code’ published by the department.
(sec.47-ssec.2) The chief executive must— keep a copy of the code and a record of each part of the code including, for example, the dates of when each part was published or superseded; and ensure an up-to-date copy of the code and the record are available on the department’s website.
(a) keep a copy of the code and a record of each part of the code including, for example, the dates of when each part was published or superseded; and
(b) ensure an up-to-date copy of the code and the record are available on the department’s website.
ch.3-pt.4
Other miscellaneous provisions
Other miscellaneous provisions
sec.48
Giving reports— Act , ss 141 , 194 and 276
sec.48 Giving reports— Act , ss 141 , 194 and 276
This section prescribes, for sections 141 (1) (e) , 194 (1) (g) and 276(1)(g) of the Act , the prescribed way for the holder of an exploration permit, mineral development licence or mining lease to give a report to the Minister.
The report must be given electronically, using the system (the approved system ) for submission of reports approved by the chief executive.
A report given under subsection (2) must be in the digital format (the approved format ) approved by the chief executive.
However, the report may be in hard copy form if the chief executive gives the holder written approval before the report is given.
The chief executive must ensure the approved system and a document explaining the approved format are available on the department’s website.
In this section—
report includes a return, document and statement mentioned in section 141 (1) (e) , 194 (1) (g) or 276(1)(g) of the Act .
(sec.48-ssec.1) This section prescribes, for sections 141 (1) (e) , 194 (1) (g) and 276(1)(g) of the Act , the prescribed way for the holder of an exploration permit, mineral development licence or mining lease to give a report to the Minister.
(sec.48-ssec.2) The report must be given electronically, using the system (the approved system ) for submission of reports approved by the chief executive.
(sec.48-ssec.3) A report given under subsection (2) must be in the digital format (the approved format ) approved by the chief executive.
(sec.48-ssec.4) However, the report may be in hard copy form if the chief executive gives the holder written approval before the report is given.
(sec.48-ssec.5) The chief executive must ensure the approved system and a document explaining the approved format are available on the department’s website.
(sec.48-ssec.6) In this section— report includes a return, document and statement mentioned in section 141 (1) (e) , 194 (1) (g) or 276(1)(g) of the Act .
sec.49
Time of lodgement to be noted
sec.49 Time of lodgement to be noted
If an application under the Act is lodged with the chief executive and complies with the requirements under the Act for the application, the chief executive must endorse the application with the day and time the application was lodged.
sec.50
Hours of business
sec.50 Hours of business
The hours for the conduct of business for an office of the chief executive are between 8.30a.m. and 4.30p.m. on each business day.
sec.51
Fees
sec.51 Fees
The fees payable under the Act are stated in schedule 7 .
sch.2-pt.1
Emerald mining district
Emerald mining district
sch.2-pt.2
Georgetown mining district
Georgetown mining district
sch.2-pt.3
Quilpie mining district
Quilpie mining district
sch.2-pt.4
Winton mining district
Winton mining district
sch.7-pt.1
Prospecting permits
Prospecting permits
sch.7-pt.2
Mining claims
Mining claims
sch.7-pt.3
Exploration permits
Exploration permits
sch.7-pt.4
Mineral development licences
Mineral development licences
sch.7-pt.5
Mining leases
Mining leases
sch.7-pt.6
Fees relating to chapter 8 of the Act
Fees relating to chapter 8 of the Act
sch.7-pt.7
Water monitoring bores
Water monitoring bores
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
ch.2-pt.1 Prospecting permits
Prospecting permits
sec.4 Conditions— Act , s 25
sec.4 Conditions— Act , s 25
For section 25 (2) of the Act , the prescribed conditions to which a prospecting permit is subject are stated in—
schedule 1 , items 1 to 3; and
if the permit applies to occupied land— schedule 1 , items 4 to 6.
See also part 5 .
(a) schedule 1 , items 1 to 3; and
(b) if the permit applies to occupied land— schedule 1 , items 4 to 6.
sec.5 Minimum security for district prospecting permit— Act , s 26
sec.5 Minimum security for district prospecting permit— Act , s 26
This section applies only to a district prospecting permit.
For section 26 (2) of the Act , the amount prescribed is $1,000.
(sec.5-ssec.1) This section applies only to a district prospecting permit.
(sec.5-ssec.2) For section 26 (2) of the Act , the amount prescribed is $1,000.
ch.2-pt.2 Mining claims
Mining claims
sec.6 Amendment of application after survey of contiguous land
sec.6 Amendment of application after survey of contiguous land
This section applies if—
an application for a mining claim (the application ) is over land that is contiguous to affected land; and
at the time the application was made, a survey of the affected land had not been completed; and
the chief executive gives the applicant a notice (the notice ) stating—
a survey of the affected land has been completed; and
all survey marks defining the boundary of the affected land have been placed.
To ensure the application is still over land that is contiguous to affected land, the applicant may—
amend the description of the land stated in the application; or
amend the application to ensure the boundary of the area of the proposed mining claim is defined.
For defining the boundary of a proposed mining tenement, see section 386R of the Act .
An amendment under subsection (2) must be made within—
14 days after the day the chief executive gives the applicant the notice; or
if the chief executive approves a longer period—the longer period.
Nothing in this section authorises or entitles the applicant to have the affected land surveyed.
(sec.6-ssec.1) This section applies if— an application for a mining claim (the application ) is over land that is contiguous to affected land; and at the time the application was made, a survey of the affected land had not been completed; and the chief executive gives the applicant a notice (the notice ) stating— a survey of the affected land has been completed; and all survey marks defining the boundary of the affected land have been placed.
(sec.6-ssec.2) To ensure the application is still over land that is contiguous to affected land, the applicant may— amend the description of the land stated in the application; or amend the application to ensure the boundary of the area of the proposed mining claim is defined. For defining the boundary of a proposed mining tenement, see section 386R of the Act .
(sec.6-ssec.3) An amendment under subsection (2) must be made within— 14 days after the day the chief executive gives the applicant the notice; or if the chief executive approves a longer period—the longer period.
(sec.6-ssec.4) Nothing in this section authorises or entitles the applicant to have the affected land surveyed.
The instrument therefore shifts much of the Act’s operational compliance into prescriptive technical form: who must supply what data, when and how, with precise technical standards for measurement (AS 4747‑2013), digital formats and separate itemised expenditure statements (secs.14-15, 33). Decision points remain with the Minister and the chief executive for approvals, publication, acceptance of alternative methods and requests for further information (secs.14(1), 33(4), 35-36, 44). The remainder of this note maps the main legal concepts, the parties affected, the duty matrix, enforcement levers, cross‑statutory interfaces, the amendment and litigation markers visible in the text, practical gotchas and a focused compliance checklist tied to the sections cited.
Main concepts
The instrument operationalises a number of recurring concepts from the primary Act; the text defines their application and links to technical documents and practice directions.
Prescribed conditions and documents: The instrument prescribes conditions to which various tenements are subject by cross‑reference to schedule 1 items (secs.4, 8, 12, 13, 22). It prescribes a specific guidance document to be given to landowners , “A guide to landholder compensation for mining claims and mining leases” , as the document required under the Act for certain notifications (secs.9, 20).
Area and size measures: It prescribes permitted areas for exploration permits in sub‑blocks: 300 sub‑blocks for coal exploration permits and 100 sub‑blocks for other types (sec.11). For mining claims in particular districts, the instrument prescribes the maximum area that can be applied for (sec.7).
Technical standards and approved documents: Measurement standards are prescribed. For dewatering via bores, meters must comply with AS 4747‑2013 (sec.33(2)). For other inflows into pits, the instrument defers to a department guideline for calculation (sec.33(3)). For plugging and abandoning water monitoring bores, the prescribed standard is the “Minimum construction requirements for water bores in Australia” published on the department’s website (sec.37).
Prohibited machinery: The instrument defines a list of prohibited machinery for mining claim areas and lists specific exceptions and conditional uses (sec.10). It also identifies a set of prescribed mining claims (by plan numbers) where the general prohibition does not apply to areas outside plan boundaries (sec.10(3)).
Reporting architecture: Multiple report types are specified, with standard contents and timing: activity reports (secs.14, 23), expenditure statements (secs.14(3)(d), 15), partial relinquishment/surrender reports (sec.16), final reports (sec.17), CSG well notices, daily drilling reports, completion reports and abandonment reports (secs.26-30). The instrument prescribes that expenditure statements must be separate documents and lodged separately (secs.14(4), 17(5)).
Measurement and alternative methods: Holders may propose an alternative measurement method for associated water, provided it is submitted with supporting information and approved by the chief executive; the chief executive may later review and disallow such a method (secs.33(4), 36).
Publication and confidentiality: The instrument sets confidentiality periods for specified required information (sec.43) and prescribes permitted publication channels for required information (sec.44), including the department’s website and public databases.
Administrative process rules: It prescribes electronic lodgement as the default for applications, documents and submissions via the department’s online system; the chief executive may require a hard copy within a stated period (sec.46). It also prescribes approved systems and formats for reports (sec.48).
Each of these concepts connects a legal obligation with a technical or administrative mechanism: measurement standards (AS 4747‑2013), named guidelines and codes (small scale mining code), digital formats and online lodgement. In many instances decision discretion lies with the chief executive or Minister (approval of longer reporting periods, acceptance of alternative measurement methods, publishing decisions) (see secs.14(1), 33(4), 36, 44).
Who it affects
The instrument creates duties and administrative interactions primarily for a defined group of private and public actors.
Holders of mining tenements and applicants: The primary burden falls on holders and applicants for prospecting permits, mining claims, exploration permits, mineral development licences and mining leases. They must comply with prescribed conditions (secs.4, 8, 12, 13, 22), provide specified documents to landowners (secs.9, 20), lodge numerous reports and statements (secs.14-17, 23-31), measure and report associated water (secs.33-36), and comply with specific operational restrictions such as prohibited machinery in mining claim areas (sec.10) and access shaft limits in designated restricted areas (sec.32).
Operators and contractors: Persons operating CSG wells and drilling rigs are directly implicated by daily drilling report requirements, completion and abandonment reporting (secs.28-30). The completion report must identify the operator and include raw geophysical log data and core images (sec.29(2)(b)-(c), (5)).
Landowners and adjacent permit holders: The instrument prescribes certain documents be given to owners of land (secs.9, 20). Holders of an authority to prospect or applicants for petroleum leases must receive relinquishment reports for related areas (sec.24(3)). CSG well abandonment reports may have no confidentiality period if made available under s382(1)(b) to holders of coal or oil shale tenements for adjacent wells (sec.43(3)).
The Minister and the chief executive: The Minister and chief executive retain decision‑making roles: the Minister receives activity and final reports (secs.14-17), must be satisfied about prescribed levels of petroleum resource knowledge in some cases (sec.21), and the chief executive administers approvals of extended reporting periods, alternative measurement methods, publication mechanisms, system requirements and may request further information or reject plans (secs.14(1), 21, 33(4), 36, 44-46, 45, 35).
The public and other third parties: The public may obtain copies of mining lease applications for a fee (sec.19), except statements containing financial or technical resources information. The chief executive may publish required information in a range of public channels (sec.44). Confidentiality periods apply to certain lodged information (sec.43).
Regulators and other statutory regimes: Specified cross‑references connect obligations to external documents , for example, the Coal Mining Safety and Health Act 1999 in relation to coal mining operations referenced when describing prescribed equipment hazards in abandonment reports (sec.30).
Who pays: holders pay prescribed fees for applications and lodgement (sec.38(1)(d), sec.51), they meet rental obligations (sec.40) and may need to install metering equipment complying with AS 4747‑2013 (sec.33(2)). Who decides: the Minister and the chief executive exercise multiple discretions under the instrument (secs.14(1), 33(4), 36, 44-46, 48).
Key duties and rights
This section outlines the principal actionable duties imposed on holders/applicants and the key decision rights retained by the Minister and chief executive.
Principal duties imposed on tenement holders and applicants
Lodgement, timing and format duties: Applications and specified documents must generally be made electronically via the online system (sec.46(1)). Reports to the Minister (exploration permits, mineral development licences, mining leases) must be given electronically in the approved system and format, unless written approval for hard copy is obtained from the chief executive (sec.48(2)-(4)). A document lodged electronically outside business hours between 4.30pm and 8.30am is taken to be lodged at 8.30am on the next business day (sec.46(3)).
Reporting duties: Holders of exploration permits and mineral development licences must give annual activity reports within one month after the anniversary day (sec.14(1)). Activity reports must include a technical summary, compliance statement for the work program, resources/reserves statement, a separate expenditure statement (sec.14(3)-(4), sec.15). Partial relinquishment/surrender reports must be lodged within two months of area reduction (sec.16). Final reports must be lodged within two months after permit/licence end, with specific content requirements and separate expenditure statement (sec.17). Coal and oil shale mining lease holders have bespoke reporting requirements including CSG production volumes, sales/disposals and subsidence mapping (sec.23).
CSG well lifecycle reporting and notices: Pre‑drill notice for intended drilling must be lodged at least 10 business days prior, in a chief executive approved digital form and with a proposed identifying name (sec.26). Notices must be lodged within 10 business days after completion, alteration or abandonment of a CSG well (sec.27). Daily drilling reports must be kept and lodged with the completion report and contain detailed drilling operational data (sec.28). Completion reports must be lodged within 12 months after rig release and include spatial and technical data, raw geophysical logs and digital core images (sec.29). Abandonment reports must be lodged within six months of abandonment and include detailed information about equipment left in the well and cementing procedures (sec.30).
Measurement and reporting of associated water: Associated water taken must be calculated using meters that comply with AS 4747‑2013 where dewatering is by bores (sec.33(2)); other inflows must be calculated using a department guideline (sec.33(3)). Holders must report for each reporting period total associated water if 2ML or more and, for dewatering by bores, the volume by active bore field and geological formation and whether artesian or subartesian. If using an alternative method under sec.33(4), an explanation must be provided in the reporting period when first used (sec.34(2)-(3)).
Survey plans and other technical lodgements: If the Minister requires land surveyed, the plan of survey must be lodged with the chief executive and may be rejected or subject to a notice requiring further information (sec.45).
Operational limits and conditions: Prohibited machinery must not be used in mining claim areas (sec.10(1)), subject to limited exceptions listed in sec.10(2) and sec.10(3). In designated restricted areas access shafts must not exceed 1m in diameter, must be backfilled after use, no more than three may be open at any time and open shafts must be interconnected for ventilation and egress while in use (sec.32).
Key executive and ministerial rights
Approvals and discretion: The chief executive may approve longer reporting periods (sec.14(1)), may approve alternative measurement methods for associated water (sec.33(4)), may require a hard copy of an electronically lodged document (sec.46(2)), may demand further information about calculations and extend time to provide it (sec.35), and may review and disallow approved alternative methods at any time (sec.36). The Minister must be satisfied as to required knowledge levels about petroleum reserves for certain decisions (sec.21).
Publication and confidentiality decisions: The chief executive decides how required information is published among the permitted channels (sec.44). Confidentiality periods for particular information are fixed by schedule (sec.43), and exceptions to confidentiality for certain abandonment reports are provided (sec.43(3)).
Fees and rental collection: Rental levels and payment schedules are prescribed (secs.40-41) and fees payable are stated in schedule 7 (sec.51). The chief executive is tasked with record keeping and ensuring approved formats and online systems are available (secs.47, 48(5)).
Rights and protections
Access to application copies: A person may apply for a copy of a mining lease application and must pay the prescribed fee; however, the chief executive must not disclose statements containing information about the applicant’s financial or technical resources (sec.19).
Limited alternatives: Holders may propose alternative methods for measuring associated water and may seek longer reporting periods; these are subject to approval (secs.33(4), 14(1)).
In sum, duties are heavily process and data‑oriented, with the chief executive and Minister retaining multiple gatekeeping and approval functions that materially affect how holders operate and report.
Penalties and enforcement
The instrument contains a limited number of express penalties and otherwise relies on statutory enforcement under the principal Act, administrative review and publication.
Express penalty provisions
Further information requests: A holder must comply with a chief executive request for further information about the calculation of associated water, unless the holder has a reasonable excuse. The maximum penalty for failure to comply is 20 penalty units (sec.35(4)). The instrument does not specify criminal penalties for other non‑compliances in the text provided; it integrates with the Act’s own enforcement regime for breaches of tenement conditions and reporting obligations.
Administrative enforcement levers
Chief executive notices and approvals: The chief executive may give notices requiring additional information, approve or refuse alternative methods, extend timeframes, require hard copies, and reject plans of survey (secs.33(4), 36, 35(2)-(3), 46(2), 45(3)). These are administrative levers that can compel compliance or prompt corrective actions.
Publication and confidentiality: The chief executive may publish required information (sec.44). Publication is an enforcement‑relevant tool: compulsory disclosure of operational data, resource estimates, and environmental metrics may generate reputational and commercial consequences. Confidentiality periods are prescribed (sec.43), and the instrument specifies when confidentiality does not apply (sec.43(3)).
Financial obligations and timing: Rental schedules (sec.40), instalment timetables for initial rent (sec.41) and prescribed fees for lodgement (sec.38(1)(d), sec.51) create monetary enforcement triggers such as overdue payments that the Act may enforce via interest, debt recovery, or forfeiture mechanisms under the principal Act.
Proactive regulatory review
Review of alternative methods: The chief executive may review at any time an approved alternative water measurement method and if found unreliable require reversion to original methods for the next reporting period (sec.36). This review power functions as both compliance monitoring and an enforcement mechanism to ensure measurement integrity.
Information‑based enforcement
Requests for explanatory documentation: The chief executive can require documentation supporting reliability and accuracy for alternative methods (sec.33(4)). Failure to provide adequate technical justification may lead to disallowing the method (sec.36).
Scope and limits of express enforcement
The instrument itself contains only a single expressly quantified penalty (20 penalty units) for failure to comply with a request for further calculation information (sec.35(4)). For other compliance failures, enforcement will be through the Act’s general compliance, administrative and penalty framework (references throughout to obligations “for the Act” indicate that breaches sit within the Act’s enforcement machinery), and through publication or refusal powers exercised by the chief executive or Minister (secs.44-46, 45).
Practical enforcement pathway
In practical terms, many enforcement outcomes will flow from administrative controls: withholding publication, refusal to accept lodged material (sec.45(3)), withdrawing approvals such as approved alternative methods (sec.36), and the Act’s broader sanctions for breaches of tenement conditions referenced throughout the instrument.
How it interacts with other laws
The instrument repeatedly cross‑references the principal mining Act and certain external standards and statutes, creating an interlocking compliance network.
Primary Act integration
The instrument operates as a set of prescriptions under specific sections of the principal Act: it supplies prescribed amounts, conditions and technical requirements expressly referenced back to Act sections (for example secs.4, 5, 6 reference Act provisions). Many obligations in the instrument are framed “for section X of the Act”, meaning the instrument cannot be read in isolation from the Act’s substantive powers and penalties.
External technical standards and codes
AS 4747‑2013: The meter standard for non‑urban water supply is invoked for measuring water extracted from bores used to dewater mines (sec.33(2)). Compliance therefore requires holders to meet an Australian Standard and any accreditation or installation practices that attend to it.
JORC code: The Minister may have regard to the Australasian JORC code when assessing whether knowledge of petroleum resources meets prescribed thresholds (sec.21(4)). That links resource qualification decisions under the Act to industry reporting standards.
“Minimum construction requirements for water bores in Australia”: For the decommissioning of water monitoring bores, the instrument prescribes adherence to this document (sec.37). That ties decommissioning obligations to a national technical standard.
Other statutory interfaces
Coal Mining Safety and Health Act 1999: The instrument refers to that Act’s schedule 3 when defining what is meant by coal mining operations for abandonment reports (sec.30(4)). Abandonment obligations therefore interface with coal mine safety obligations.
Acts Interpretation Act 1954: The instrument expressly notes that the Acts Interpretation Act s48A may be relevant when a document is not in approved form (sec.38(1)(c) note). This situates procedural questions within broader statutory interpretation rules.
Tenement and protected area rules
The instrument defines “unavailable land” as land that cannot be granted under the Act and lists categories including existing mining tenements with another holder, restricted areas where the proposed tenement is prohibited, protected areas and land excluded by Commonwealth law (sec.38(3)). That creates overlap with other land‑use and conservation statutes.
Administrative and publication regimes
Publication and confidentiality set out by the instrument (secs.43-44) will intersect with freedom of information frameworks and possibly with privacy law, although the instrument itself does not alter those external regimes.
Operational consequences
Because the instrument requires raw geophysical logs, core images, geospatial data and hazard information to be lodged or made available (secs.28-30), it intersects with data management obligations, and potentially with intellectual property and commercial confidentiality principles , albeit the instrument prescribes specific confidentiality periods (sec.43).
In short, the instrument does not displace other laws; it embeds compliance with named technical standards, links resource estimation to JORC reporting principles, and embeds administrative interactions that will require operators to manage parallel obligations across mining, water, safety and publication regimes.
Amendment history
The text provided does not include an explicit amendment schedule or chronology within the instrument. The instrument itself repeatedly references the principal Act and prescribes particulars “for” specific Act sections, which is the statutory mechanism for making subordinate changes without amending the Act text. Notable structural features relevant to amendment practice:
Cross‑references: Multiple provisions are framed “For section X of the Act,” which is the usual format for subordinate instruments that prescribe particulars required by statute (see secs.4, 5, 11, 14, 21, 33, 34, 43, 44, 46, 48). Any future amendment to the primary Act that removes or repositions those sections would likely require consequential changes to this instrument.
External documents and web publications: Several obligations refer to documents and guidelines published on the department’s website (for example the AS standard is external but the guideline for calculating associated water, the “A guide to landholder compensation”, the small scale mining code and the minimum construction requirements for water bores are department‑published) (secs.9, 14(3)(f), 33(5), 37, 47). Where the department revises those documents, holders’ duties will change without an amending subordinate instrument. This creates a practical amendment mechanism via administrative revision of published guidance.
Schedule dependence: The instrument relies on schedules (schedules 1, 2, 3, 4, 5, 6, 7 cited) to prescribe conditions, district areas, minerals, thresholds, rental rates, confidentiality periods and fees (e.g. secs.4, 7, 39, 40, 42, 43, 51). Changes to those schedules are the normal path for updating numeric or list‑based particulars without re‑enacting the whole instrument.
Review powers and ongoing administrative change: The chief executive’s power to review approved alternative methods “at any time” (sec.36(2)) is a permanent administrative check that can effect operational change for holders without formal legislative amendment.
Because the instrument contains many links to department‑published documents and schedule items, its practical content is likely to be updated via either: (a) amendment of the subordinate instrument to change prescribed items; or (b) administrative updates to the referenced guidelines and codes where the instrument contemplates that approach (for example, “the guideline … made by the chief executive and published on the department’s website” (sec.33(5))). The instrument’s structure therefore separates stable legal requirements (sections and schedule entries) from administratively revisable technical guidance.
Litigation history
The provided text contains no case law, judicial decisions, or references to litigation history. It does not name any judicial authority or cite precedent. The instrument is a set of statutory prescriptions and references only other statutory instruments, technical codes and departmental publications. Any litigation arising under these provisions would proceed under the Act’s enforcement and review mechanisms, but the instrument as provided does not include reported decisions or litigation outcomes. Users seeking relevant authorities will need to search administrative law and mining case law databases for decisions applying the Act provisions to the detailed obligations prescribed here.
Gotchas
This section lists practical pitfalls, traps for the unwary and operation‑critical items that arise directly from the text.
Separate expenditure statement requirement and separate lodgement: Expenditure statements for activity reports and final reports must be separate documents and must be given to the Minister separately from the remainder of the report (secs.14(4), 17(5)). Failure to lodge the expenditure statement as a separate document may risk non‑compliance even where the substantive numbers are supplied.
Digital format and approved system are mandatory unless chief executive approval for hard copy obtained: Reports must be lodged in the approved digital format and via the approved system (sec.48(2)-(3)), and many processes must be done electronically via the online system (sec.46(1)). Holders that prepare paper reports must secure written approval for hard copy in advance, or risk the lodgement being non‑compliant.
Timing nuances for electronic lodgement: A document lodged electronically between 4.30pm and 8.30am on the next business day is taken to be lodged at 8.30am on that later day (sec.46(3)). This affects priority and strict deadline calculations for time‑sensitive applications and notices.
Measurement standards tie to equipment and methodology costs: Dewatering via bores must be metered with meters complying with AS 4747‑2013 (sec.33(2)). Compliance likely requires purchasing or certifying meters to that standard and may trigger calibration and installation costs and third party certification.
Alternative methods can be approved but are subject to later review and disallowance: Holders may propose an alternative method for calculating associated water and get chief executive approval (sec.33(4)), but the chief executive may review and, if the method is found unreliable, require reversion to original methods for the next reporting period (sec.36). Use of an alternative method therefore carries a monitoring risk.
Single expressly quantified penalty vs. broader Act enforcement: The instrument specifies a maximum penalty (20 penalty units) only for failure to comply with a request for further information about calculations (sec.35(4)). Other failures will be enforced under the Act’s general machinery and could have different penalty consequences; holders must not assume the absence of an express penalty in the instrument implies absence of enforcement.
Prohibited machinery list with narrow exceptions: The ban on specified machinery in mining claim areas is broad (sec.10(1)) but lists multiple operational exceptions (sec.10(2)) and single‑site carve‑outs for “prescribed mining claims” outside specific plan boundaries (sec.10(3)). Interpreting whether a contemplated activity fits an exception requires careful cross‑checking of the activity type and the plan boundaries listed (MP numbers are specified in sec.10(3)).
CSG well naming and register uniqueness: The proposed identifying name for a CSG well must not be the same or substantially the same as a name already recorded (sec.26(3)); failure to check the register may lead to rejection or returned lodgement.
Confidentiality period complexity and exceptions: Confidentiality periods are prescribed via schedule 6 (sec.43(2)), but the instrument carves out certain non‑confidential situations , notably CSG well abandonment reports made available to holders of coal or oil shale tenements for wells drilled in their area (sec.43(3)). Holders must track confidentiality expiry dates and understand exceptions.
Survey plan rejection and potential conflict of interest: Where the Minister requires a survey, the plan must be lodged and may be not accepted if it does not meet Act requirements (sec.45). The instrument expressly mentions the contravention scenario where a surveyor has a share in the mining tenement (sec.45(3) note), underlining the need to avoid conflicts of interest in survey engagements.
Multiple separate reports triggered by area reductions, surrenders and the end of tenements: Partial relinquishment/surrender reports (secs.16, 24, 25) and final reports on termination (sec.17) have different content and timing; overlapping obligations may be triggered by the same operational event and require coordinated lodgement.
Publication pathways include non‑internet channels: The chief executive can publish required information in a range of media including journals, maps for purchase, and by telling or visually presenting the information to another person (sec.44). Holders cannot limit expectations to website publishing only.
Instalment timing for deferred initial rent: For mining leases with deferred initial rent the payment schedule falls in years 3-7 after the last day of the first rental period, each payable within 20 business days after the relevant day (sec.41). Mis‑calculation of the base dates may create arrears.
How to comply
This checklist ties the instrument’s requirements to practical compliance tasks, with references to the source sections so lawyers, compliance officers and operators can allocate responsibilities and timelines.
Confirm tenement‑specific prescribed conditions and documents
Identify which schedule 1 items apply to your tenement type and whether land is occupied (secs.4, 8, 12, 13, 22). Ensure the “A guide to landholder compensation for mining claims and mining leases” is prepared and able to be supplied where required (secs.9, 20).
Establish reporting calendars and deliverable owners
For exploration permits and mineral development licences: schedule annual activity reports within 1 month after each anniversary day unless a longer period is approved (sec.14(1)-(2)). Allocate responsibility for the technical summary, work program compliance statement, resources/reserves statement and separate expenditure statement (sec.14(3)-(4), sec.15).
For partial relinquishments/surrenders and final reports: calendar 2‑month deadlines for partial reports (sec.16) and final reports within 2 months after end of permit/licence (sec.17). For coal/oil shale mining leases, implement bespoke reporting timings and content (sec.23).
Make expenditure statements a separate, discrete deliverable
Prepare an expenditure statement that itemises expenditure per authorised activity and splits expenditure by work program activities and other activities. Lodge the expenditure statement as a separate document to the Minister (secs.15, 14(4), 17(5)).
Metering and associated water measurement
If dewatering via bores, procure and install meters that comply with AS 4747‑2013 and maintain certification/records to support readings (sec.33(2)).
For water ingress into pits, adopt the department guideline methods; if proposing an alternative method, submit supporting data and rationale in writing to the chief executive and obtain approval before relying on it (sec.33(3)-(4)).
Track 2ML reporting threshold and report by the reporting period dates (1 Nov-31 Oct) with required bore field breakdowns, source geological formation and artesian/subartesian classification (sec.34(2)-(5)).
Records and data required for CSG wells
Pre‑drill: lodge intended drilling notice at least 10 business days ahead in approved digital form, checking proposed well name against register uniqueness (sec.26).
Daily drilling: keep daily drilling reports with the detailed list of items and ensure they are lodged with the completion report, or lodged within 10 business days if required by chief executive (sec.28).
Completion: lodge CSG well completion report within 12 months of rig release, including digital core images and raw geophysical log data, and ensure technical diagrams and status are prepared (sec.29).
Abandonment: lodge abandonment report within six months and include full descriptions and surveyed locations of prescribed equipment and cementing methods (sec.30).
Digital lodgement and format compliance
Register and test the department’s online system. Ensure all submissions (applications, documents, filings, submissions) are prepared in the approved digital format and submitted via the online system (secs.46(1), 48(2)-(3)). Keep evidence of successful electronic lodgement and note the 8.30am rule for after‑hours lodgements (sec.46(3)).
Obtain written chief executive approval if hard copies are to be used in exceptional cases (sec.48(4)).
Survey and plan requirements
If the Minister requires a survey under s407 of the Act, instruct a compliant surveyor and lodge the plan with the chief executive. Maintain documentation to demonstrate the plan meets Act requirements and be prepared to respond to any notice for further information or to re‑submit (sec.45(1)-(3)).
Operational constraints and machinery use
Review the prohibited machinery list and establish internal controls to ensure non‑use of declared machinery in mining claim areas unless an exception applies (sec.10(1)-(4)). If intending to use an eductor dredge in the Mareeba district or a vehicle‑mounted drill in restricted areas 1,25,77, confirm the device dimensions and operating conditions match the allowed exceptions (sec.10(2)(b)-(c)).
Administrative and financial obligations
Verify rental rates from schedule 4 and, if holding a mineral development licence >1,000ha, apply the graduated hectare rates (sec.40(2)). For mining lease initial rent instalments, compute the instalment dates and amounts (5 instalments at 20% each) and calendar the 20 business day payment windows (sec.41).
Budget for fees stated in schedule 7 and ensure application lodgements are accompanied by prescribed fees (sec.38(1)(d), sec.51).
Confidentiality and publication tracking
Identify which lodged information attracts confidentiality periods under schedule 6 and track expiry dates to manage disclosure risk (sec.43). Note exceptions such as CSG well abandonment reports being available to certain coal or oil shale tenement holders without confidentiality (sec.43(3)). Monitor department publication channels and ensure readiness for public disclosure (sec.44).
Responding to chief executive requests and reviews
Maintain technical documentation to respond quickly to chief executive requests for further information about measurement calculations (sec.35). Be prepared that an approved alternative method may be reviewed and disallowed at any time; retain convertible measurement processes and data to revert to original methods if required (secs.36, 33(4)).
Internal governance and audit trail
Assign an accountable senior officer for each tenement to oversee report preparation, timing and electronic lodgement. Keep auditable records of lodgements, the separate expenditure statements, meter calibration certificates, raw data files (for geophysical logs and cores), and any chief executive approvals (secs.14(4), 29(5), 33(2), 33(4)).
Practical operational checks
Before lodging applications, ensure the applicant is an eligible person and the land is not “unavailable land” and that the application is in the approved form and accompanied by the prescribed fee (sec.38(1)). If a copy of a mining lease application is requested by a third party, review statements for financial/technical resource content before release (sec.19(3)).
Following this checklist and mapping each task to the cited section will convert the instrument’s prescriptions into operational controls. Where the instrument delegates discretion (chief executive approval of alternative methods, longer reporting periods, or hard copies), establish internal processes to prepare and file robust technical justifications to support those requests (secs.14(1), 33(4), 46(2), 48(4)).
Section sec.7Prescribed area for mining claim land— Act , s 53
(a) an application for a mining claim (the application ) is over land that is contiguous to affected land; and
(b) at the time the application was made, a survey of the affected land had not been completed; and
(c) the chief executive gives the applicant a notice (the notice ) stating— (i) a survey of the affected land has been completed; and (ii) all survey marks defining the boundary of the affected land have been placed.
(i) a survey of the affected land has been completed; and
(ii) all survey marks defining the boundary of the affected land have been placed.
(i) a survey of the affected land has been completed; and
(ii) all survey marks defining the boundary of the affected land have been placed.
(a) amend the description of the land stated in the application; or
(b) amend the application to ensure the boundary of the area of the proposed mining claim is defined. Note— For defining the boundary of a proposed mining tenement, see section 386R of the Act .
(a) 14 days after the day the chief executive gives the applicant the notice; or
(b) if the chief executive approves a longer period—the longer period.
sec.7 Prescribed area for mining claim land— Act , s 53
sec.7 Prescribed area for mining claim land— Act , s 53
For section 53 (3) (b) of the Act , the area prescribed for land in a mining district mentioned in schedule 2 is not more than the area stated, in schedule 2 , for the land.
sec.8 Conditions— Act , s 81
sec.8 Conditions— Act , s 81
For section 81 (1) (p) of the Act , the prescribed conditions to which a mining claim is subject are stated in—
schedule 1 , items 1 to 3; and
if the claim is over occupied land— schedule 1 , item 4.
See also part 5 .
(a) schedule 1 , items 1 to 3; and
(b) if the claim is over occupied land— schedule 1 , item 4.
sec.9 Documents to be given by holder of mining claim to owners of land— Act , s 93
sec.9 Documents to be given by holder of mining claim to owners of land— Act , s 93
For section 93 (3) (a) of the Act , the document called ‘A guide to landholder compensation for mining claims and mining leases’ made by the chief executive and published on the department’s website is prescribed.
sec.10 Declaration of prohibited machinery in mining claim area— Act , s 111
sec.10 Declaration of prohibited machinery in mining claim area— Act , s 111
For section 111 of the Act , it is declared that prohibited machinery must not be used in, on or under the area of any mining claim within any part of the State.
However, subsection (1) does not apply to—
the use of machinery to—
transport mineral bearing ore or wash; or
transport equipment, materials, or water, used for mining operations; or
build storage facilities for water used for mining operations; or
manage water ingress; or
reduce fire hazards; or
rehabilitate the surface area of the land; or
the use of an eductor dredge in the Mareeba mining district, if the eductor dredge—
has an inlet nozzle diameter of no more than 20cm; and
is used while water is flowing in, or in streams leading into, the Palmer River or Mitchell River; or
the use of a vehicle-mounted drill in restricted area 1, 25 or 77 if—
the drill is used for exploration drilling and the drill has a diameter of not more than 25cm; or
the drill is used for drilling access shafts and the drill has a diameter of not more than 1m.
Also, despite subsection (1) , if the mining claim is a prescribed mining claim, prohibited machinery may be used in any part of the area of the prescribed mining claim that is not within the boundaries shown on any of the following plans—
MP34341;
MP34342;
MP34343;
MP36464;
MP40825;
MP30692;
MP31027;
MP31028;
MP30955;
MP30971.
In this section—
prescribed mining claim see section 50 (5) of the Act .
prohibited machinery means any of the following—
a backhoe, skid-steer loader, motorised mini digger or other loader;
an excavator or other machinery using a bucket, scoop, or clamshell;
a bulldozer, tractor or other equipment using a ripper, rooter, or scarifier;
a continuous miner, dragline, grader, scoopmobile, scraper, or traxcavator;
a dredge;
a vehicle-mounted drill;
a bogger.
(sec.10-ssec.1) For section 111 of the Act , it is declared that prohibited machinery must not be used in, on or under the area of any mining claim within any part of the State.
(sec.10-ssec.2) However, subsection (1) does not apply to— the use of machinery to— transport mineral bearing ore or wash; or transport equipment, materials, or water, used for mining operations; or build storage facilities for water used for mining operations; or manage water ingress; or reduce fire hazards; or rehabilitate the surface area of the land; or the use of an eductor dredge in the Mareeba mining district, if the eductor dredge— has an inlet nozzle diameter of no more than 20cm; and is used while water is flowing in, or in streams leading into, the Palmer River or Mitchell River; or the use of a vehicle-mounted drill in restricted area 1, 25 or 77 if— the drill is used for exploration drilling and the drill has a diameter of not more than 25cm; or the drill is used for drilling access shafts and the drill has a diameter of not more than 1m.
(sec.10-ssec.3) Also, despite subsection (1) , if the mining claim is a prescribed mining claim, prohibited machinery may be used in any part of the area of the prescribed mining claim that is not within the boundaries shown on any of the following plans— MP34341; MP34342; MP34343; MP36464; MP40825; MP30692; MP31027; MP31028; MP30955; MP30971.
(sec.10-ssec.4) In this section— prescribed mining claim see section 50 (5) of the Act . prohibited machinery means any of the following— a backhoe, skid-steer loader, motorised mini digger or other loader; an excavator or other machinery using a bucket, scoop, or clamshell; a bulldozer, tractor or other equipment using a ripper, rooter, or scarifier; a continuous miner, dragline, grader, scoopmobile, scraper, or traxcavator; a dredge; a vehicle-mounted drill; a bogger.
(a) the use of machinery to— (i) transport mineral bearing ore or wash; or (ii) transport equipment, materials, or water, used for mining operations; or (iii) build storage facilities for water used for mining operations; or (iv) manage water ingress; or (v) reduce fire hazards; or (vi) rehabilitate the surface area of the land; or
(i) transport mineral bearing ore or wash; or
(ii) transport equipment, materials, or water, used for mining operations; or
(iii) build storage facilities for water used for mining operations; or
(iv) manage water ingress; or
(v) reduce fire hazards; or
(vi) rehabilitate the surface area of the land; or
(b) the use of an eductor dredge in the Mareeba mining district, if the eductor dredge— (i) has an inlet nozzle diameter of no more than 20cm; and (ii) is used while water is flowing in, or in streams leading into, the Palmer River or Mitchell River; or
(i) has an inlet nozzle diameter of no more than 20cm; and
(ii) is used while water is flowing in, or in streams leading into, the Palmer River or Mitchell River; or
(c) the use of a vehicle-mounted drill in restricted area 1, 25 or 77 if— (i) the drill is used for exploration drilling and the drill has a diameter of not more than 25cm; or (ii) the drill is used for drilling access shafts and the drill has a diameter of not more than 1m.
(i) the drill is used for exploration drilling and the drill has a diameter of not more than 25cm; or
(ii) the drill is used for drilling access shafts and the drill has a diameter of not more than 1m.
(i) transport mineral bearing ore or wash; or
(ii) transport equipment, materials, or water, used for mining operations; or
(iii) build storage facilities for water used for mining operations; or
(iv) manage water ingress; or
(v) reduce fire hazards; or
(vi) rehabilitate the surface area of the land; or
(i) has an inlet nozzle diameter of no more than 20cm; and
(ii) is used while water is flowing in, or in streams leading into, the Palmer River or Mitchell River; or
(i) the drill is used for exploration drilling and the drill has a diameter of not more than 25cm; or
(ii) the drill is used for drilling access shafts and the drill has a diameter of not more than 1m.
(a) MP34341;
(b) MP34342;
(c) MP34343;
(d) MP36464;
(e) MP40825;
(f) MP30692;
(g) MP31027;
(h) MP31028;
(i) MP30955;
(j) MP30971.
(a) a backhoe, skid-steer loader, motorised mini digger or other loader;
(b) an excavator or other machinery using a bucket, scoop, or clamshell;
(c) a bulldozer, tractor or other equipment using a ripper, rooter, or scarifier;
(d) a continuous miner, dragline, grader, scoopmobile, scraper, or traxcavator;
(e) a dredge;
(f) a vehicle-mounted drill;
(g) a bogger.
ch.2-pt.3 Exploration permits and mineral development licences
Exploration permits and mineral development licences
ch.2-pt.3-div.1 Exploration permits
Exploration permits
sec.11 Prescribed areas— Act , ss 127 and 133
sec.11 Prescribed areas— Act , ss 127 and 133
For sections 127 (4) and 133 (h) (iii) of the Act , the area prescribed is—
for an exploration permit for the exploration of coal—300 sub-blocks; and
for any other exploration permit—100 sub-blocks.
(a) for an exploration permit for the exploration of coal—300 sub-blocks; and
(b) for any other exploration permit—100 sub-blocks.
sec.12 Conditions— Act , s 141
sec.12 Conditions— Act , s 141
For section 141 (1) (i) of the Act , the prescribed conditions to which an exploration permit is subject are stated in—
schedule 1 , items 1 to 3; and
if the permit applies to occupied land— schedule 1 , items 4 and 5.
See also part 5 .
(a) schedule 1 , items 1 to 3; and
(b) if the permit applies to occupied land— schedule 1 , items 4 and 5.
ch.2-pt.3-div.2 Mineral development licences
Mineral development licences
sec.13 Conditions— Act , s 194
sec.13 Conditions— Act , s 194
For section 194 (1) (k) of the Act , the prescribed conditions to which a mineral development licence is subject are stated in—
schedule 1 , items 1 to 3; and
if the licence applies to occupied land— schedule 1 , items 4 to 6.
See also part 5 .
(a) schedule 1 , items 1 to 3; and
(b) if the licence applies to occupied land— schedule 1 , items 4 to 6.
ch.2-pt.3-div.3 Prescribed information for reports
Prescribed information for reports
sec.14 Activity reports— Act , ss 178A and 231AA
sec.14 Activity reports— Act , ss 178A and 231AA
For section 178A (a) and (b) (i) of the Act , the holder of an exploration permit must give the Minister an activity report within—
1 month after each anniversary day for the permit; or
if the chief executive approves a longer period—the longer period.
For section 231AA (a) and (b) (i) of the Act , the holder of a mineral development licence must give the Minister an activity report within—
1 month after each anniversary day for the licence; or
if the chief executive approves a longer period—the longer period.
For sections 178A (b)(ii) and 231AA(b) (ii) of the Act , the activity report must contain the following—
a technical summary of the authorised activities for the permit or licence carried out during the reporting period for the report;
a statement setting out—
whether the work program for the permit or licence was complied with during the reporting period for the report; and
details of, and reasons for, any failure to comply with the work program for the permit or licence;
a statement about any resources and reserves identified during the reporting period for the report;
an expenditure statement complying with section 15 ;
the hazard information for the permit or licence;
any other data or information required under the practice direction.
The expenditure statement mentioned in subsection (3) (d) must be—
in a document that is separate from the remainder of the activity report; and
given to the Minister separately from the remainder of the activity report.
In this section—
anniversary day , for an exploration permit or a mineral development licence, means a day that is the anniversary of the day on which the permit or licence started.
reporting period , for an activity report for an exploration permit or a mineral development licence, means the pe
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