2See section 58A(5).

2 See section 58A(5). 58A—Notice requirements (1) A person who is— (a) intending to prospect for minerals under section 20; or (b) the holder of an exploration licence or a mineral claim, must, at least 42 days before first entering land to carry out authorised operations, serve on the owner of the land notice of intention to enter the land in accordance with this section. (2) A person who is intending to commence advanced exploration operations that are not within the ambit of a notice under subsection (1) must, at least 42 days before first commencing those operations, serve on the owner of the relevant land notice of intention to commence those operations. (3) A person who is intending to apply for a mineral lease, retention lease or miscellaneous purposes licence must serve on the owner of the land to which the application relates notice of intention to apply for the lease or licence. (4) A notice under subsection (3)— (a) must inform the owner of the land of the person's intention to enter the land to carry out authorised operations if the application is granted; and (b) is of no effect for the purposes of this section if the person who served the notice does not apply for the lease or licence within 12 months of serving the notice on the owner of the land or if the application is refused. (5) A notice must be served in accordance with the regulations. (6) A copy of a notice must be served on the Mining Registrar (for registration on the mining register) in accordance with the regulations. (7) If the land is subject to a licence under the Energy Resources Act 2000, a copy of any notice required under a preceding subsection must also be served (within the time required under the subsection) on the holder of that licence. (8) However, a notice is not required under subsection (7) if the holder of the licence under the Energy Resources Act 2000 has waived the requirement for notice to be given under that subsection. (9) If a notice is to be given in respect of land that is held under— (a) a form of title (other than a licence under the Energy Resources Act 2000) that confers a right to exclusive possession of the land; or (b) a hydrogen generation licence, a renewable energy infrastructure licence, an associated infrastructure licence or a special enterprise licence under the Hydrogen and Renewable Energy Act 2023 in relation to which an approved statement of environmental objectives within the meaning of that Act is in force; or (c) a pastoral lease, the following provisions apply: (d) the notice must contain a statement of the owner of land's rights of objection and compensation under this Act; (e) the owner of land may, within 3 months after service of the notice, lodge a notice of objection with the appropriate court objecting— (i) to entry on the land by the person who served the notice; or (ii) to the use, or the unconditional use, of the land, or a portion of the land, for authorised operations. (10) The court must send a copy of a notice of objection received under subsection (9) to the person who served the notice. (11) The court may, if the court thinks fit, postpone the hearing of an objection to entry on land by a person who has given notice under subsection (3) of an intention to apply for a lease or licence until after the application has been made. (12) If the court is satisfied on the hearing of an objection that the conduct of the authorised operations on the land would be likely to result in substantial hardship or substantial damage to the land, the court may— (a) determine that the land, or a particular part of the land, should not be used for the purposes of the proposed authorised operations; or (b) determine conditions on which operations may be carried out on the land with least detriment to the interests of the owner and least damage to the land. (13) A person who conducts authorised operations in contravention of a determination under this section is guilty of an offence. (14) A notice under this section is not required if— (a) the land to be entered is in a precious stones field; or (b) the person who would otherwise be required to give such a notice is authorised to enter the land by agreement with the owner of the land; or (c) the person who would otherwise be required to give such a notice is authorised to enter the land under a native title mining determination; or (d) the person who would otherwise be required to give such a notice is authorised to enter the land under an indigenous land use agreement registered under the Native Title Act 1993 of the Commonwealth; or (e) the person who would otherwise be required to give such a notice, or a related body corporate, has previously given notice under this section as a prospective applicant under subsection (3) or as the holder of an earlier mineral tenement over the land to be entered (whether or not other land was also subject to the same application or tenement). (15) A notice under this section must be in a form determined or approved by the Minister. (16) Nothing in this section requires a tenement holder to serve a new notice if or when there is a change in ownership of land. 61—Compensation (1) The owner of any land on which authorised operations are carried out under this Act is entitled to receive compensation for any economic loss, hardship or inconvenience suffered by the owner in consequence of authorised operations. (2) In determining the compensation payable under this section, the following matters shall be considered: (a) any damage caused to the land by the person carrying out the authorised operations; and (b) any loss of productivity or profits as a result of the authorised operations; and (c) any other relevant matters. (2a) The compensation may include an additional component to cover reasonable costs reasonably incurred by an owner of land in connection with any negotiation or dispute related to— (a) the tenement holder gaining access to the land; and (b) the activities to be carried out on the land; and (c) the compensation to be paid under subsection (1). (3) The amount of the compensation shall be an amount determined by agreement between the owner and the tenement holder or, in default of agreement, an amount determined, upon application by an interested party, by the appropriate court. (4) The appropriate court, in determining compensation under this section, shall take into consideration any work that the tenement holder has carried out, or undertakes to carry out, to rehabilitate the land. (5) Upon the hearing of an application for compensation under this section, the appropriate court may order a tenement holder to carry out such work to rehabilitate the land as the Court thinks fit. (5a) In assessing compensation under subsection (2a), costs in connection with any negotiation or dispute will not be taken to be reasonably incurred if they arise during any period when a reasonable offer of compensation is open to be accepted by the relevant owner of land. (5b) It will be a condition of a mineral tenement that the Minister may, at any time, require the tenement holder to pay to any person an amount of compensation, specified by the Minister, to which the person is, in the opinion of the Minister, entitled on account of loss or damage suffered by the person as a result of operations carried out under the tenement. (5c) Subsection (5b) operates in addition to any other provision made by this or any other section. (6) For the purposes of this section— (a) a reference to authorised operations will be taken to include a reference to any investigation or survey under section 15; and (b) a reference to a tenement holder will be taken to include a reference to the Director (in relation to any investigation or survey under section 15). 62—Bond and security (1) The Minister may, by notice in writing served on an applicant for, or the holder of, a mineral tenement, require them to enter into a bond in such sum and subject to such terms and conditions as ensure, in the opinion of the Minister, that— (a) any civil or statutory liability likely to be incurred by that person in the course of carrying out authorised operations; and (b) the present and future obligations of that person in relation to the rehabilitation of land disturbed by authorised operations, will be satisfied. (2) The Minister may require such security for the satisfaction of the bond as the Minister thinks fit. (2a) If an applicant for a mineral tenement fails to comply with a requirement under this section, the Minister may refuse the application. (3) If the holder of a mineral tenement fails to comply with a requirement under this section— (a) the Minister may, if the requirement has not been complied with at the expiration of one month from the end of the time allowed for compliance, prohibit authorised operations in the area of the tenement; and (b) the Minister may, if the requirement has not been complied with at the expiration of three months from the end of the time allowed for compliance, cancel the tenement. (4) The liability to pay an amount under this section is a debt due to the Crown. (5) A person must not contravene a prohibition under subsection (3). (6) If the Minister holds, or is entitled to hold, any money under a bond entered into by a tenement holder, the Minister may, in the Minister's discretion, expend any portion of that money— (a) to compensate any person who has suffered, or is likely to suffer, financial loss as a result of authorised operations carried out by that tenement holder or in rehabilitating any land disturbed by any such authorised operations; or (b) to satisfy any liability to pay an amount that is due to the Crown under this Act. (7) The Minister may, on application under this subsection, (in the Minister's absolute discretion) agree to the assignment of a liability or obligation under this section to a third party on terms or conditions determined by the Minister. (8) No action lies against the Minister in respect of the expenditure of money under this section. 62AA—Mining Rehabilitation Fund (1) The Minister must establish a fund entitled the Mining Rehabilitation Fund. (2) The fund will consist of— (a) amounts required to be paid under subsections (3) and (4); and (b) amounts required to be paid into the fund under any other section; and (c) amounts required to be paid into the fund under the regulations; and (d) amounts required to be paid into the fund under any other Act; and (e) any income or accretions produced by the investment of money from the fund (and the Minister is authorised to invest any amount standing to the credit of the fund in such manner as the Minister thinks fit). (3) The Minister may, after taking into account the matters specified in subsection (4), require a tenement holder (or former tenement holder) to pay an amount determined by the Minister into the fund— (a) before the relevant mineral tenement is cancelled, surrendered or expires under this Act; or (b) within the prescribed period after the relevant mineral tenement is cancelled, surrendered or expires under this Act. (4) The following matters are specified: (a) the extent to which it appears that resources may be required to achieve appropriate environmental outcomes on the closure of authorised operations on land comprised in the relevant mineral tenement; (b) without limiting paragraph (a), the extent and likelihood of action that may be required— (i) to reinstate, supplement or improve rehabilitation of land that fails to establish a safe, stable and self-contained environment; and (ii) to maintain environmental management processes; and (iii) to take further action to restore the environment because of environmental damage or impairment resulting from authorised operations. (5) The Minister may impose a requirement under this section even if a mineral tenement has been reinstated under Part 8B Division 9. (6) The imposition of a requirement under this section does not limit any other action or requirement that may be taken or arise under any other section. (7) The Minister may impose a requirement under this section by notice served on the relevant tenement holder (or former tenement holder). (8) An amount required to be paid into the fund under subsection (3) must be paid within a period (of at least 28 days) specified by the Minister in a notice under subsection (7). (9) The liability to pay an amount under this section is a debt due to the Crown. (10) Money standing to the credit of the fund may be used by the Minister for all or any of the following purposes: (a) to fund monitoring and maintenance of any land in relation to which a requirement under this section has been imposed; (b) to fund programs, including as to the collection or provision of information and the carrying out of work, relating to the rehabilitation of any land in relation to which a requirement under this section has been imposed; (c) to achieve any other environmental outcomes that are related to the ceasing of authorised operations; (d) to fund other programs, or to achieve other outcomes, prescribed by the regulations; (e) to provide for the costs of administering the fund. (11) For the purposes of carrying out any operations associated with using money for a purpose under subsection (10), the Minister or the Director of Mines, or any person authorised in writing by the Minister or the Director of Mines, may— (a) enter and remain on any land with such assistants, vehicles and equipment as may be necessary or expedient for any such purpose; and (b) carry out tests or any work. (12) A person who interferes with or obstructs any person in the exercise of a power under subsection (11) is guilty of an offence. Maximum penalty: $20 000 or imprisonment for 6 months. 62A—Right to require acquisition of land (1) If the activities of a tenement holder on land substantially impair the owner's use and enjoyment of the land, the owner may apply to the Supreme Court for an order under this section. (2) The Court may, on an application under this section, if the Court considers it to be just and appropriate in the circumstances of the particular case— (a) make an order transferring the owner's land to the holder of the relevant mineral tenement; and (b) order the holder of the relevant mineral tenement to pay to the owner, by way of compensation, after taking into account (to such extent as the Court considers appropriate) any compensation or other amounts that have been paid to the owner under the other provisions of this Act— (i) an amount equivalent to the market value of the land; and (ii) a further amount the Court considers just by way of compensation for disturbance; and (c) make such other ancillary or related orders as the Court thinks fit. (3) This section does not apply in relation to an exploration licence. 63—Extractive Areas Rehabilitation Fund (1) The Minister shall establish a fund entitled the "Extractive Areas Rehabilitation Fund". (2) From the royalty received or recovered by the Minister on extractive minerals, the Minister will pay the prescribed rate into the fund. (3) Subject to subsection (4), the Minister may expend any portion of the fund for any of the following purposes: (a) the rehabilitation of land disturbed by authorised operations for the recovery of extractive minerals (or any costs associated with ensuring that such land is rehabilitated in accordance with the requirements under this Act); and (b) the implementation of measures designed to prevent, or limit, damage to or impairment of, any aspect of the environment by authorised operations for the recovery of extractive minerals (or any costs associated with ensuring that such measures are implemented or with monitoring such measures); and (c) the promotion of research into methods of mining engineering and practice by which environmental damage or impairment resulting from authorised operations for the recovery of extractive minerals may be reduced. (4) The total expenditure in a single financial year of costs associated with ensuring that the land referred to in subsection (3)(a) is rehabilitated in accordance with the requirements under this Act must not exceed an amount equal to 4 cents per tonne for each tonne of extractive minerals on which royalty is payable into the fund for the financial year preceding that year. (5) In this section— prescribed rate means 25 cents per tonne of extractive minerals, or such lesser amount as may be prescribed by the regulations.