Part 4Prospecting for minerals

Part 4—Prospecting for minerals 20—General right to prospect for minerals (1) A person may prospect for minerals under this section (subject to complying with any relevant requirement under this Act). (2) Subsection (1) does not authorise the conduct of authorised operations that involve disturbance of land by machinery or explosives. 21—Steps to establish a mineral claim (1) A person may take steps to establish a mineral claim under this section. (2) The area of a mineral claim must be identified in accordance with the requirements of section 56E. (3) A notice relating to the claim must be served on the owner of the land if required by the regulations (and the notice must be served by a prescribed person in a manner prescribed by the regulations) (and such a notice may be taken to be a notice of entry to the owner under section 58A). (4) If mineral land is divided into strata, a mineral claim may relate to land within the surface stratum or a subsurface stratum. (5) Despite a preceding subsection, a mineral claim may not be made— (a) in respect of land within a subsurface stratum except by a person who holds an exploration licence in respect of that land; or (b) in respect of land within a precious stones field, except that if a precious stones field consists of land that is divided into strata a person who holds an exploration licence may make a mineral claim in respect of land within a subsurface stratum. (6) A person seeking to establish a mineral claim must make application to the Mining Registrar in a manner and form determined by the Mining Registrar. (7) An application under subsection (6) must be accompanied by— (a) a plan delineating the location and area of the mineral claim that complies with any requirements determined or approved under section 56E; and (b) information concerning the ownership of the land; and (c) a copy of any notice of entry provided under this Act; and (d) a copy of any agreement that is relevant to a mineral claim under this Act; and (e) a copy of any waiver obtained under this Act; and (f) such other information as may be prescribed by the regulations or as the Mining Registrar may require; and (g) the prescribed application fee. (8) The Mining Registrar may require an applicant— (a) to provide such additional documents or information as the Mining Registrar may reasonably require to deal with the application; (b) to remedy any defect or deficiency in an application or in any accompanying document or information. (9) A plan, document or information required under subsection (7) or (8) must be provided in a manner and form determined or approved by the Mining Registrar. (10) An application under subsection (6) must be made within the prescribed period after the claim has been identified under subsection (2). 23—Area of claim (1) The area of a mineral claim must not exceed the maximum permissible area stipulated by the regulations. (2) Despite subsection (1), the area of a mineral claim may exceed the maximum permissible area with the approval of the Minister. 24—Registration of claim (1) Subject to this Act, a mining registrar will register a mineral claim if due application has been made for the claim under this Act (including by the applicant complying with any requirement under section 21). (2) A mining registrar must not register a mineral claim if satisfied that— (a) the registration relates to land that is the subject (in whole or in part) of an application that has been lodged for an exploration licence; and (b) the application for the exploration licence was lodged before the claim was identified for the purposes of this Act; and (c) the application for the exploration licence has not been refused. (3) Subsection (2) does not apply if the mineral claim is solely for extractive minerals. (4) A mining registrar must not register a mineral claim if to do so would be inconsistent with an order of the Warden's Court and if the registration of a mineral claim is subsequently inconsistent with the terms of an order of the Warden's Court then the registration must be cancelled. (5) This section operates subject to the operation of section 80. (6) If a mineral claim is registered under this section, the location and area of the claim will be determined according to the coordinates specified in the plan accepted for the purposes of registration under section 21. (7) Without limiting any other provision or law, a mining registrar may cancel the registration of a mineral claim on a ground prescribed by the regulations. 24A—Claim may lapse If— (a) an application to establish and register a mineral claim is not made— (i) in accordance with the requirements of this Act; or (ii) within a period prescribed by the regulations; or (b) a mining registrar lawfully refuses to accept and register a mineral claim, the mineral claim will lapse. 25—Rights conferred by ownership of mineral claim (1) A mineral claim confers on the owner of the claim an exclusive right, subject to the provisions of this Act— (a) to prospect for minerals in the land comprised in the claim; and (b) to carry out such other exploratory operations on, or in respect of, the land comprised in the claim as are approved in writing by the Director of Mines; and (c) to apply for a mining lease or a retention lease in respect of the whole or part of the land comprised in the claim. (2) A person shall not remove from the area of a mineral claim minerals, or soil and minerals, exceeding a mass of 1 tonne unless authorised to do so by the Director of Mines. (3) The ownership of a mineral claim does not confer any right to sell or dispose of any minerals recovered in the course of authorised operations. 26—Mineral claim not transferable etc (1) A mineral claim is not transferable. (2) Where an application has not been made for a mining lease or a retention lease in respect of land comprised in a mineral claim within 12 months after registration of the claim, the claim shall lapse. (3) Where an application is made for a mining lease or a retention lease in respect of land comprised in a mineral claim, and the application is refused, the claim shall lapse. 27—Land not to be subject to successive mineral claims (1) Where a mineral claim lapses or is surrendered, cancelled or forfeited, no claim covering any of the area of that previous claim shall, without the authority of the Minister or the Warden's Court, be made by, or on behalf of, the person who held the previous claim or a related body corporate within 2 years of its lapse, surrender, cancellation or forfeiture. (2) If an application for the Minister to grant an authority under subsection (1) in relation to a mineral claim that is due to lapse is made to the Minister before the claim lapses, the Minister may (in the Minister's absolute discretion), determine that no other mineral claim covering any of the area of the claim may be made pending the Minister's decision on the application (and if the Minister decides to grant the authority then the applicant may make a new mineral claim under this Part within a period specified by the Minister (and no other claim may be made in relation to the relevant area during that period)). (3) A determination of the Minister under subsection (2) will have effect in accordance with its terms.