Part 8BCommon provisions

Part 8B—Common provisions Division 1—Identifying areas and considering applications 56E—Identification of areas (a) establishing a mineral claim; and (b) an application for an exploration licence; and (c) an application by the holder of an exploration licence for retention status in relation to the licence; and (d) an application for— (i) a mining lease; or (ii) a retention lease; or (iii) a miscellaneous purposes licence; and (e) any mineral tenement once it is registered under this Act. (2) An area that must be identified, delineated or defined in any case to which this section applies must be identified, delineated or defined in a manner and form determined or approved by the Mining Registrar. (3) Without limiting the operation of subsection (2), the boundaries of such an area may be identified in a way that accurately shows where the boundaries are located on the ground or allows the boundaries' location on the ground to be accurately worked out. (4) The holder of a mineral tenement which has an area identified by any pegs, markers or other items on the ground after the area has been identified, delineated or defined under this section must take reasonable steps to ensure that the area continues to be so identified during the term of the tenement. (5) Without limiting a preceding subsection, a person who holds a mineral tenement in respect of a subsurface stratum may identify a claim or tenement on land above the land comprised in the tenement in any way determined or approved by the Mining Registrar. 56F—Related environmental legislation (a) an application for an exploration licence or for the renewal of an exploration licence; and (b) an application for a mining lease or for the renewal of a mining lease; and (c) an application for a retention lease or for the renewal of a retention lease; and (d) an application for a miscellaneous purposes licence or for the renewal of a miscellaneous purposes licence; and (e) an application for a change in operations under Division 7; and (f) in relation to an exploration licence after it has been granted—an application for approval of a program that applies in relation to the licence under Part 10A so as to authorise the use of declared equipment. (2) If an application to which this section applies relates to an area within the Murray‑Darling Basin, the Minister must, in considering the application, take into account the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act. 56G—Specially protected areas (a) an application for an exploration licence or for the renewal of an exploration licence; and (b) an application for a mining lease or for the renewal of a mining lease; and (c) an application for a retention lease or for the renewal of a retention lease; and (d) an application for a miscellaneous purposes licence or for the renewal of a miscellaneous purposes licence; and (e) an application for a change in operations under Division 7; and (f) in relation to an exploration licence after it has been granted—an application for approval of a program that applies in relation to the licence under Part 10A so as to authorise the use of declared equipment. (2) If an application to which this section applies relates to an area within or adjacent to a specially protected area, the Minister must, before making a decision on the application, refer the application to the relevant Minister and consult with the relevant Minister in relation to the matter. (3) If an application is referred to a relevant Minister and the Minister to whom the administration of this Act is committed and the relevant Minister cannot agree— (a) on the decision to be made on the application; or (b) on any terms or conditions that should be applied if the application is approved, the Ministers must take steps to refer the matter to the Governor and the Governor will determine the matter (and any decision made by the Governor will be taken to be a decision of the Minister under this Act). Division 2—Notice 56H—Notice (a) an application for— (i) a mining lease; or (ii) a retention lease (unless exempt by the regulations); or (iii) a miscellaneous purposes licence; or (b) an application under Division 7 (to the extent that the requirements of that Division are applied by the regulations). (2) The Minister must, as soon as practicable after receiving an application to which this section applies, in such manner as the Minister thinks fit, give notice of the application— (a) to the owner of the land to which the application relates; and (b) if the land is within the area of a council—to the council. (3) In addition, before the Minister makes a decision on an application to which this section applies, including as to the terms and conditions (if any) that will apply or attach to the relevant mineral tenement or approval, the Minister must publish, in such manner as the Minister thinks fit, a notice— (a) describing the land to which the application relates and, if relevant, the particular stratum in relation to which the tenement would be, or has been, granted (as the case requires); and (b) specifying a place where the application may be inspected; and (c) inviting written submissions in relation to the application to the Minister within a time specified in the invitation. (4) The Minister— (a) must give to the applicant a copy of any submission received by the Minister under subsection (3) within the relevant period specified by the Minister; and (b) may require the applicant to respond to any matter raised in any such submission within a period specified by the Minister. (5) A submission under subsection (3) cannot be made on the basis that the submission (or part of the submission) will be kept confidential and a response under subsection (4) cannot be made on the basis that the response (or part of the response) will be kept confidential. (6) In determining whether or not to grant an application to which this section applies and, if so, the terms and conditions on which it should be granted, the Minister must have regard to any submissions or response received under subsection (3) or (4). (7) The requirement to publish a notice under subsection (3), and the requirements of subsections (4), (5) and (6), do not apply if the Minister decides to refuse the application without inviting submissions on the application. (8) As soon as practicable after determining whether or not to grant or refuse an application to which this section applies, the Minister must cause notice of the determination to be published in accordance with the regulations. Division 3—Terms and conditions 56I—Matters to be considered (1) This section applies in relation to an application for— (a) a mining lease; or (b) a retention lease; or (2) The Minister must, in determining the terms and conditions subject to which a mineral tenement is to be granted on an application to which this section applies, give proper consideration to— (a) any aspect of the environment that may be affected by the conduct of authorised operations under the tenement; and (b) any other lawful activities that may be affected by those authorised operations; and (c) any Aboriginal sites or objects within the meaning of the Aboriginal Heritage Act 1988 that may be affected by those authorised operations, and may take into consideration such other factors or matters as the Minister considers appropriate in the particular case. 56J—Alteration of terms and conditions (2) Without limiting any other provision, the Minister may at any time add, vary or revoke a term or condition of a mineral tenement to which this section applies if the Minister considers that the addition, variation or revocation is necessary— (a) to offset, stabilise, prevent, reduce, minimise or eliminate any potential, perceived or actual undue damage to the environment associated with authorised operations carried out under the tenement; or (b) to ensure consistency with the conditions attached to the Commonwealth Minister's approval (if any) under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth; or (c) taking into account any other matter prescribed by the regulations. (3) The Minister must take reasonable steps to consult with the holder of the relevant mineral tenement before acting under subsection (2). (4) If— (a) the Minister acts under subsection (2) during the term of the relevant mineral tenement; and (b) the Minister acts without the agreement of the tenement holder, the tenement holder may appeal to the ERD Court in relation to the matter. (5) The ERD Court may, on hearing an appeal under subsection (4)— (b) vary or revoke any term or condition imposed by the Minister, or impose any term or condition considered appropriate by the Court; (6) Subsections (3), (4) and (5) do not apply in any circumstances prescribed by the regulations. 56K—Special term or condition relating to extractive minerals The terms or conditions of a mineral tenement may— (a) make provision for the management and use of extractive minerals produced during the course of carrying out authorised operations under the tenement; and (b) provide for the exemption of those extractive minerals from the payment of royalty. 56L—Offence to contravene term or condition A person must not contravene, or fail to comply with, a term or condition of a mineral tenement. Division 4—Rental 56M—Rental (2) A mineral tenement to which this section applies must provide for the payment, by way of rental, of such sum as may be prescribed by the regulations (and different sums may be prescribed according to different classes of tenement). (3) Subject to this section, the amount by way of rental is payable to the Minister. (4) Subject to this section, if a mineral tenement to which this section applies is granted over land consisting of, or including, land subject to an estate in fee simple (with the interest of any registered proprietor of such an estate being referred to as a relevant interest) then, except to the extent that subsection (5) applies, the amount paid to the Minister under this section in relation to the tenement must, after deduction of 5% (with the net amount remaining after the 5% deduction being referred to as the net amount available for distribution) be dealt with in accordance with the following principles: (a) the proportionate entitlement of each holder of a relevant interest in the land must be worked out by determining what proportion of the total area of the land subject to the tenement is represented by land in relation to which a relevant interest exists (with an appropriate allocation between entitlements if there is more than 1 registered proprietor in relation to any particular piece of land); (b) a proportion of the net amount available for distribution, equivalent to the registered proprietor's proportionate entitlement, must be paid to each holder of a relevant interest in land subject to the tenement; (c) if a balance remains after distribution under paragraph (b), the balance is to be retained by the Minister. (5) Despite subsection (4), if a tenement holder or any related body corporate is also a registered proprietor of an estate in fee simple of land, the scheme under subsection (4) will not apply in relation to the holder. (6) Subject to this section, if a mineral tenement to which this section applies is granted over land consisting of, or including, land subject to native title conferring a right to exclusive possession of the land (with the interest of any holder of such native title being referred to as a relevant interest) then the amount paid to the Minister under this section in relation to the tenement must, after deduction of 5% (with the net amount remaining after the 5% deduction being referred to as the net amount available for distribution) be dealt with in accordance with the following principles: (a) the proportionate entitlement of each holder of a relevant interest in the land must be worked out by determining what proportion of the total area of the land subject to the tenement is represented by land in relation to which a relevant interest exists (with an appropriate allocation between entitlements if there is more than 1 holder of native title in relation to any particular piece of land); (b) a proportion of the net amount available for distribution, equivalent to each person's proportionate entitlement, must be paid to each holder of a relevant interest in land subject to the tenement; (c) if a balance remains after distribution under paragraph (b), the balance is to be retained by the Minister. (7) In addition, if— (a) the Minister retains an amount paid by way of rental in relation to any land that is not subject to the operation of subsection (4) or (6); and (b) a valid claim for native title conferring a right to exclusive possession is subsequently made in relation to the land, then any such amount that is attributable to rental paid to the Minister in relation to the prescribed period is, after deduction of 5%, payable to the person or persons to whom native title is granted (and if there is more than 1 such person then their respective shares will be determined by applying the principles set out in subsection (6)). (8) For the purposes of subsection (7), the prescribed period is the period of 5 years immediately preceding the registration of native title under the law of the State or the Commonwealth (as the case may be). (9) Subsections (4) to (8) do not apply in relation to land owned by— (a) a Minister; or (b) the Commissioner for Highways; or (c) any other agency or instrumentality of the Crown prescribed by the regulations. (9a) Subsections (4) to (8) do not apply if application for the mineral tenement to which this section applies was made on or after 1 July 2025. (9b) For the purposes of subsection (4), if a relevant interest in a parcel of land over which a mineral tenement is granted has been transferred (other than by reason of the registered proprietor being deceased or where the Minster is satisfied that a familial relationship exists between the transferor and transferee) on or after 1 July 2026, the net amount available for distribution under that subsection in respect of that parcel of land will be taken to be 50% of the amount remaining after deduction of 5% of the amount payable to the Minister. (9c) For the purposes of subsection (9b), a familial relationship exists between a transferor and a transferee if— (a) the transferor is an individual, or a trustee for an individual, and the transferee is a relative of, or a trustee for a relative of, that individual; or (b) the transferor is an individual, or a trustee for an individual, and the transferee is a family company the shareholders of which are relatives of that individual; or (c) the transferor is a family company and the transferee is a relative of the shareholders of the company, or a trustee for a relative of the shareholders of the company; or (d) the transferor and the transferee are family companies and the shareholders of the transferor are relatives of the shareholders of the transferee; or (e) the Minister determines, after considering information provided by the transferor or transferee, that a familial relationship exists between them. (9d) For the purposes of this section, the Minister may, by written notice, require— (a) that a person provide such information or evidence as the Minister may require for the purposes of considering whether a familial relationship exists; and (b) that the information or evidence be given on oath or verified by statutory declaration. (10) An amount paid to the holder of a relevant interest in land under this section will not be taken to be compensation for the purposes of any other section. (11) In this section— domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; family company—a company is a family company if each shareholder of the company is a relative of all other shareholders of the company; relative, in relation to an individual, means a person who is— (a) a child or remoter lineal descendant of the individual or of the spouse or domestic partner of the individual; or (b) a parent or remoter lineal ancestor of the individual or of the spouse or domestic partner of the individual; or (c) a brother or sister of the individual or of the spouse or domestic partner of the individual; or (d) a child or remoter lineal descendant of the brother or sister of the individual or of the spouse or domestic partner of the individual; or (e) the spouse or domestic partner of the individual or a spouse or domestic partner of any person referred to in paragraph (a), (b) or (c); spouse—a person is the spouse of another if they are legally married. 56N—Debt payable to Crown The liability to pay any rental under this Division is a debt due to the Crown. Division 5—Rectification of boundaries 56O—Rectification of boundaries (1) This section applies in relation to any mineral tenement. (2) The Mining Registrar may— (a) vary the boundaries or delineation of a mineral tenement; or (b) authorise the moving or replacement of any pegs or other items used to identify a mineral tenement; or (c) take or authorise other action to clarify or rectify the area, location or boundaries of a mineral tenement. (3) However— (a) the Mining Registrar may only act under subsection (2)(a) or (b)— (i) if the Mining Registrar is acting with the consent of the tenement holder; or (ii) if authorised to do so by a determination of the Warden's Court made on application by the Mining Registrar; and (b) the Mining Registrar may only act under subsection (2)(c) after consultation with the tenement holder. Division 6—Amalgamation of areas 56P—Amalgamation of areas (1) This section applies in relation to any mineral tenement. (2) The Minister may, on application by a tenement holder or by agreement with a tenement holder, amalgamate the areas of 2 or more mineral tenements (and 2 or more tenement holders may make application under this section in relation to 2 or more mineral tenements). (3) If an amalgamation proceeds under this section— (a) the relevant mineral tenements are amalgamated into the 1 tenement (and if more than 1 tenement holder has an interest in the amalgamated tenement, their respective interests will be determined according to an agreement between these parties); and (b) the terms and conditions of the tenement will be as determined by the Minister after consultation with the tenement holder (or tenement holders); and (c) the term of the tenement will be as determined by the Minister after consultation with the tenement holder (or tenement holders) and after taking into account such other interests as may be relevant in the circumstances; and (d) the Minister may make such other determinations relating to any other matter associated with the amalgamated tenement arising under this Act that are considered to be necessary or appropriate by the Minister (and any such determination will have effect according to its terms).