SAIn ForceAct
Mining Act 1971
Part 8Miscellaneous purposes licences
Start here
Get a plain-English read of Part 8
Turn the raw legal text into a practical explanation grounded in Mining Act 1971.
Part 8—Miscellaneous purposes licences
47—Preliminary
(1) The Minister may grant to any person a miscellaneous purposes licence in respect of mineral land.
(2) A miscellaneous purposes licence may not be granted over an area of land exceeding the maximum permissible area prescribed by the regulations.
48—Nature of miscellaneous purposes licence
(1) A miscellaneous purposes licence is a mineral tenement that is granted for ancillary operations.
(2) The Minister may, under the terms of a miscellaneous purposes licence or by conditions attached to a miscellaneous purposes licence, limit or define the scope of operations authorised under the licence.
(3) A miscellaneous purposes licence is subject to—
(b) such additional terms and conditions (if any) as the Minister thinks fit and specifies in the licence.
49—Application for miscellaneous purposes licence
(1) An application for a miscellaneous purposes licence—
(b) must identify the boundaries of the land in respect of which the licence is being sought in accordance with the requirements of section 56E; and
(c) must be accompanied by a proposal—
(i) specifying the nature and extent of the ancillary operations that are proposed to be carried out under the licence; and
(A) an assessment of the environmental impacts of the proposed operations; and
(iii) incorporating a draft statement of the criteria to be adopted to measure those environmental outcomes, in a form prescribed by the regulations; and
(iv) setting out the results of the consultation undertaken in connection with the proposed operations in accordance with the regulations; and
(2) The Minister may require the applicant to furnish the Minister with any additional information specified by the Minister (and that information must be furnished within any period specified by the Minister).
50—Approval of application and registration
(1) Without limiting any other provision, the Minister must not grant a miscellaneous purposes licence unless the Minister is satisfied that appropriate environmental outcomes will be able to be achieved.
(2) If the Minister decides to grant a miscellaneous purposes licence, the licence will be taken to be granted under this Act when the licence is registered on the mining register (and the term of the licence will be taken to commence from the date of registration).
51—Term and renewal of miscellaneous purposes licence
(1) A miscellaneous purposes licence may be granted for such term as may be determined by the Minister and specified in the licence.
(2) The holder of a miscellaneous purposes licence may apply for the renewal of the licence before the expiration of the term of the licence.
(3) An application for the renewal of a miscellaneous purposes licence—
(a) must be made to the Minister in a manner and form determined by the Minister; and
(4) The Minister may require the applicant to furnish the Minister with any additional information specified by the Minister (and the information must be furnished within any period specified by the Minister).
(5) If an application for the renewal of a miscellaneous purposes licence is not decided before the date on which the licence is due to expire, the licence continues in operation until the application is decided and, if the licence is renewed, the renewal dates from the date on which the licence would, but for this subsection, have expired.
(6) If the Minister decides to grant a renewal, the miscellaneous purposes licence will be renewed for a term determined by the Minister and specified in the licence.