47JProvisions relating to mining

#### 47J Provisions relating to mining 47J Provisions relating to mining > > (1) In this section, mining interest means— > > > > > (a) any mining lease under the [Mining Act 1992](/view/html/inforce/current/act-1992-029), or > > > > > (b) any mining licence under the [Offshore Minerals Act 1999](/view/html/inforce/current/act-1999-042), or > > > > > (c) any lease under the [Petroleum (Onshore) Act 1991](/view/html/inforce/current/act-1991-084). > > > (2) Subject to this section, the [Mining Act 1992](/view/html/inforce/current/act-1992-029), the [Offshore Minerals Act 1999](/view/html/inforce/current/act-1999-042), the [Petroleum (Onshore) Act 1991](/view/html/inforce/current/act-1991-084) and the [Petroleum (Offshore) Act 1982](/view/html/inforce/current/act-1982-023) apply, at any time, to lands within a state conservation area to the extent to which those Acts are in force at that time. > > > (3) A mining interest shall not be granted in respect of lands within a state conservation area without the concurrence in writing of the Minister. > > > (4) A renewal of, or extension of the term of, a mining interest in respect of lands within a state conservation area (other than an existing interest referred to in section 47H) shall not be granted under the [Mining Act 1992](/view/html/inforce/current/act-1992-029), the [Offshore Minerals Act 1999](/view/html/inforce/current/act-1999-042) or the [Petroleum (Onshore) Act 1991](/view/html/inforce/current/act-1991-084) without the concurrence in writing of the Minister. > > > (5) Except as provided in this section, nothing in this Division affects the right, title or interest of any person (other than a person who is or was trustee of the lands comprised in a state conservation area) in respect of minerals in any such lands. > > > (6) A mineral claim must not be granted under the [Mining Act 1992](/view/html/inforce/current/act-1992-029) over any lands within a state conservation area. > > > (7) Where a provision of the [Mining Act 1992](/view/html/inforce/current/act-1992-029) or the [Offshore Minerals Act 1999](/view/html/inforce/current/act-1999-042) prevents, or has the effect of preventing, a person from exercising in lands within a state conservation area any of the rights conferred by either of those Acts or by an instrument under either of those Acts, except with the consent or an authorisation of the Minister for the time being administering the [Mining Act 1992](/view/html/inforce/current/act-1992-029) or the [Offshore Minerals Act 1999](/view/html/inforce/current/act-1999-042), as the case requires, that Minister shall not, in the case of any such lands, give consent or an authorisation under that provision without the approval of— > > > > > (a) where the lands are not within an area that was an irrigation area as defined in the [Crown Lands Act 1989](/view/html/repealed/current/act-1989-006) immediately before its repeal—the Minister, or > > > > > (b) where the lands are within such an irrigation area—the Minister administering the [Water Management Act 2000](/view/html/inforce/current/act-2000-092). > > > > > (c) (Repealed) > > **s 47J:** Ins 1983 No 183, Sch 2 (8). Am 1992 No 29, Sch 5; 1994 No 41, Sch 3; 1996 No 137, Sch 2.8; 1998 No 5, Sch 2.2 \[4\]; 1999 No 42, Sch 3.12 \[5\]–\[10\]; 2000 No 92, Sch 8.18 \[2\] \[3\]; 2001 No 130, Sch 1 \[73\]; 2007 No 27, Sch 1.29; 2008 No 19, Sch 2.7; 2017 No 17, Sch 2.16 \[12\].