ch.1-pt.1.1
//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
Queensland act
**What this law does (mechanics first)
Establishes a licensing and registration system for non‑petroleum mineral activity in the State’s coastal waters (the first 3 nautical miles from the baseline). Key authorisations are: exploration permits, mineral development licences, mining leases, works licences and special purpose consents (see secs 16, 39, 45, 267, 315).
Each tenure follows the same three‑step lifecycle: provisional grant → written proper acceptance (including any required security and fees) → registration in the State Offshore Mining Register (secs 40, 70, 114, 151, 214, 283, 333–334). Until registration the grant or renewal is not effective (secs 88, 154, 232, 286).
The Act defines what each tenure authorises (examples): exploration permits authorise exploration and sampling (sec 46); mineral development licences retain rights pending commercialisation but do not allow full commercial mining (sec 133); mining leases authorise commercial recovery (sec 193); works licences authorise related activities outside a tenure area (sec 268); special purpose consents are for scientific surveys, reconnaissance or small‑scale sampling (secs 315–316).
The Minister has wide administrative powers: to set tenure conditions (including securities, insurance, spending or environmental requirements) (secs 118, 177, 254, 304); to suspend or cancel tenures and to refuse renewals (secs 48, 130, 135, 189, 265); to give written directions that must be obeyed (secs 386–387); and to require securities on provisional grants and renewals (sec 399). The Act sets procedural safeguards such as notice and an opportunity to make submissions before cancellation (sec 130, 189, 265).
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Offshore Minerals Act 1998.
This Act may be cited as the Offshore Minerals Act 1998 .
This Act comes into operation on a day to be fixed by proclamation.
The Commonwealth and the States have agreed that— Commonwealth offshore mining legislation should be limited to the area that is outside State coastal waters; and the States should share, in the way provided by the Offshore Minerals Act 1994 (Cwlth) , in the administration of the Commonwealth offshore mining legislation; and State offshore mining legislation should apply to State coastal waters beyond the baseline for the territorial sea (that is, the first 3 nautical miles of the territorial sea); and the Commonwealth and the States should try to maintain, as far as practicable, common principles, rules and practices in regulating and controlling offshore mining beyond the baseline of Australia’s territorial sea. So far as the agreement is about petroleum, it is reflected in this State’s legislation by the Petroleum (Submerged Lands) Act 1982 . The decimal part numbering system closely corresponds to the same decimal part numbering system in the Commonwealth Act. Also, sections 1 to 423 of this Act closely correspond to the same sections of the Commonwealth Act. Some sections of the Commonwealth Act contain provisions that are not relevant to the operation of this Act. To maximise uniformity between this Act and the Commonwealth Act, the numbers of some sections that are not relevant have not been used in the numbering of this Act, unless required for provisions particular to the State. Other Acts that provide background in this State to the agreement (commonly referred to as the Offshore Constitutional Settlement ) are— the Seas and Submerged Lands Act 1973 (Cwlth) , the Coastal Waters (State Powers) Act 1980 (Cwlth) , the Coastal Waters (State Title) Act 1980 (Cwlth) and the Petroleum (Submerged Lands) Act 1967 (Cwlth) ; and the Petroleum (Submerged Lands) Act 1982 . The Seas and Submerged Lands Act 1973 (Cwlth) — declares and enacts that the sovereignty in respect of the territorial sea and the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth; gives the Governor-General power to declare, by proclamation, the limits of the territorial sea; declares and enacts that the sovereignty in respect of waters of the sea that are on the landward side of the baseline of the territorial sea (but not within the limits of a State) and in relation to the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth; declares and enacts that the sovereign rights of Australia as a coastal State in relation to the continental shelf of Australia (for the purpose of exploring it and exploiting its natural resources) are vested in and exercisable by the Crown in right of the Commonwealth; gives the Governor-General power to declare, by proclamation, the limits of the continental shelf of Australia. The Coastal Waters (State Powers) Act 1980 (Cwlth) was enacted following a request from the Parliaments of all the States under section 51 (xxxviii) of the Constitution of the Commonwealth and provides that the legislative powers exercisable under the Constitution of each State extend to the making of certain laws that would operate offshore. The Coastal Waters (State Title) Act 1980 (Cwlth) vests in each State certain property rights in the seabed beneath the coastal waters. The Petroleum (Submerged Lands) Act 1967 (Cwlth) and the Petroleum (Submerged Lands) Act 1982 of this State make provision, based on the agreement referred to in subsection (1) , for the licensing regime that applies to the exploration for and recovery of petroleum in coastal waters and offshore areas of this State. (sec.3-ssec.1) The Commonwealth and the States have agreed that— Commonwealth offshore mining legislation should be limited to the area that is outside State coastal waters; and the States should share, in the way provided by the Offshore Minerals Act 1994 (Cwlth) , in the administration of the Commonwealth offshore mining legislation; and State offshore mining legislation should apply to State coastal waters beyond the baseline for the territorial sea (that is, the first 3 nautical miles of the territorial sea); and the Commonwealth and the States should try to maintain, as far as practicable, common principles, rules and practices in regulating and controlling offshore mining beyond the baseline of Australia’s territorial sea. So far as the agreement is about petroleum, it is reflected in this State’s legislation by the Petroleum (Submerged Lands) Act 1982 . The decimal part numbering system closely corresponds to the same decimal part numbering system in the Commonwealth Act. Also, sections 1 to 423 of this Act closely correspond to the same sections of the Commonwealth Act. Some sections of the Commonwealth Act contain provisions that are not relevant to the operation of this Act. To maximise uniformity between this Act and the Commonwealth Act, the numbers of some sections that are not relevant have not been used in the numbering of this Act, unless required for provisions particular to the State. (sec.3-ssec.2) Other Acts that provide background in this State to the agreement (commonly referred to as the Offshore Constitutional Settlement ) are— the Seas and Submerged Lands Act 1973 (Cwlth) , the Coastal Waters (State Powers) Act 1980 (Cwlth) , the Coastal Waters (State Title) Act 1980 (Cwlth) and the Petroleum (Submerged Lands) Act 1967 (Cwlth) ; and the Petroleum (Submerged Lands) Act 1982 . The Seas and Submerged Lands Act 1973 (Cwlth) — declares and enacts that the sovereignty in respect of the territorial sea and the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth; gives the Governor-General power to declare, by proclamation, the limits of the territorial sea; declares and enacts that the sovereignty in respect of waters of the sea that are on the landward side of the baseline of the territorial sea (but not within the limits of a State) and in relation to the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth; declares and enacts that the sovereign rights of Australia as a coastal State in relation to the continental shelf of Australia (for the purpose of exploring it and exploiting its natural resources) are vested in and exercisable by the Crown in right of the Commonwealth; gives the Governor-General power to declare, by proclamation, the limits of the continental shelf of Australia. The Coastal Waters (State Powers) Act 1980 (Cwlth) was enacted following a request from the Parliaments of all the States under section 51 (xxxviii) of the Constitution of the Commonwealth and provides that the legislative powers exercisable under the Constitution of each State extend to the making of certain laws that would operate offshore. The Coastal Waters (State Title) Act 1980 (Cwlth) vests in each State certain property rights in the seabed beneath the coastal waters. The Petroleum (Submerged Lands) Act 1967 (Cwlth) and the Petroleum (Submerged Lands) Act 1982 of this State make provision, based on the agreement referred to in subsection (1) , for the licensing regime that applies to the exploration for and recovery of petroleum in coastal waters and offshore areas of this State.
The following are declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth) — a special purpose consent; a tenure. s 3A ins 2010 No. 44 s 127
A note, diagram or map in this Act is provided to help understanding and does not form part of the Act .
The dictionary in schedule 5 defines particular words used in this Act.
A person has a share in a tenure if the person is the holder, or 1 of the holders, of the tenure. If a holder is entitled to a particular percentage of the value of the rights conferred by a tenure, that percentage is the holder’s share in the tenure. A sole holder has a 100% share in the tenure. If— a person is a registered holder of a tenure; and the person is shown in the offshore mining register as being entitled to a specified percentage of the value of the rights conferred by the tenure; the person’s share in the tenure is taken to be the percentage specified in the register. (sec.6-ssec.1) A person has a share in a tenure if the person is the holder, or 1 of the holders, of the tenure. (sec.6-ssec.2) If a holder is entitled to a particular percentage of the value of the rights conferred by a tenure, that percentage is the holder’s share in the tenure. A sole holder has a 100% share in the tenure. (sec.6-ssec.3) If— a person is a registered holder of a tenure; and the person is shown in the offshore mining register as being entitled to a specified percentage of the value of the rights conferred by the tenure; the person’s share in the tenure is taken to be the percentage specified in the register.
A tenure is transferred if— the tenure has only 1 holder and the holder transfers the whole of the licensee’s interest in the tenure to another person or other persons; or the tenure has 2 or more holders and the holders all transfer the whole of their interests in the tenure to another person or other persons. A share in a tenure is transferred if— the tenure has only 1 holder and the holder transfers a part of the holder’s share in the tenure to another person or other persons; or the tenure has 2 or more holders and— some, but not all, of the holders transfer the whole of their shares in the tenure to another person; or some or all of the holders transfer a part of their shares in the tenure to another person. The other person referred to in subsection (2) (b) may be an existing tenure holder. (sec.7-ssec.1) A tenure is transferred if— the tenure has only 1 holder and the holder transfers the whole of the licensee’s interest in the tenure to another person or other persons; or the tenure has 2 or more holders and the holders all transfer the whole of their interests in the tenure to another person or other persons. (sec.7-ssec.2) A share in a tenure is transferred if— the tenure has only 1 holder and the holder transfers a part of the holder’s share in the tenure to another person or other persons; or the tenure has 2 or more holders and— some, but not all, of the holders transfer the whole of their shares in the tenure to another person; or some or all of the holders transfer a part of their shares in the tenure to another person. (sec.7-ssec.3) The other person referred to in subsection (2) (b) may be an existing tenure holder.
If— a mining lease takes effect immediately after an exploration permit expires; and the holder of the mining lease immediately after it takes effect was the holder of the exploration permit immediately before it expired; the mining lease is a successor tenure to the exploration permit. If— a mineral development licence takes effect immediately after an exploration permit expires; and the holder of the mineral development licence immediately after it takes effect was the holder of the exploration permit immediately before it expired; the mineral development licence is a successor tenure to the exploration permit. If— a mining lease takes effect immediately after a mineral development licence expires; and the mineral development licence took effect immediately after an exploration permit expired; and the holder of the mining lease immediately after it takes effect was the holder of the mineral development licence immediately before it expired; and the holder of the mineral development licence immediately after it took effect was the holder of the exploration permit immediately before it expired; the mining lease is a successor tenure to the exploration permit and the mineral development licence. (sec.8-ssec.1) If— a mining lease takes effect immediately after an exploration permit expires; and the holder of the mining lease immediately after it takes effect was the holder of the exploration permit immediately before it expired; the mining lease is a successor tenure to the exploration permit. (sec.8-ssec.2) If— a mineral development licence takes effect immediately after an exploration permit expires; and the holder of the mineral development licence immediately after it takes effect was the holder of the exploration permit immediately before it expired; the mineral development licence is a successor tenure to the exploration permit. (sec.8-ssec.3) If— a mining lease takes effect immediately after a mineral development licence expires; and the mineral development licence took effect immediately after an exploration permit expired; and the holder of the mining lease immediately after it takes effect was the holder of the mineral development licence immediately before it expired; and the holder of the mineral development licence immediately after it took effect was the holder of the exploration permit immediately before it expired; the mining lease is a successor tenure to the exploration permit and the mineral development licence.
See note 2 to section 3 (1) .
This is how the position of a point, line or area on the Earth’s surface must be worked out for this Act— the position must be worked out by reference to a spheroid that— has a major (equatorial) radius of 6,378,160 metres; and has a flattening of 100/29825; and the Johnston Geodetic Station in the Northern Territory is taken to be located 571.2 metres above the point on the surface of the spheroid that is at— 133º12'30.0771'' east longitude; and 25º56'54.5515'' south latitude.
See note 2 to section 3 (1) .
A provision of this Act that confers a power to do something in writing is also taken to confer the power to revoke or amend the written document by which that thing is done. The power to revoke or amend— must also be exercised in writing; and is subject to the same procedural requirements as the original power; and is subject to the same conditions as those that governed the exercise of the original power. (sec.12-ssec.1) A provision of this Act that confers a power to do something in writing is also taken to confer the power to revoke or amend the written document by which that thing is done. (sec.12-ssec.2) The power to revoke or amend— must also be exercised in writing; and is subject to the same procedural requirements as the original power; and is subject to the same conditions as those that governed the exercise of the original power.
See note 2 to section 3 (1) .
Subject to this section, the coastal waters of the State are constituted by the first 3 nautical miles of the territorial sea from the baseline. The coastal waters do not include any waters that are inside the baseline. If— a tenure has been granted on the basis that an area is within coastal waters; and there is a change to the baseline or, because new data is obtained or existing data is reconsidered, the location of the baseline is reassessed; and as a result of the change to, or reassessment of the location of, the baseline, the area ceases to be within coastal waters; this Act applies as if the area were still within coastal waters. Subsection (3) continues to apply to the area only while the tenure and any successor tenure remains in force. If— an area in the offshore area under the Commonwealth Act is covered by a tenure under the Commonwealth Act; and there is a change to the baseline; and as a result of the change to the baseline, the area— ceases to be within the offshore area under the Commonwealth Act; and falls within coastal waters; this Act does not apply to the area. Subsection (5) continues to apply to the area only while the tenure under the Commonwealth Act and any successor tenure under that Act remains in force. This Act has effect subject to the Mineral Resources Act 1989 , section 4 . In this section— baseline means the baseline adjacent to the coast of the State (including the coast of any island forming part of the State) as for the time being decided under the Seas and Submerged Lands Act 1973 (Cwlth) , section 7 (2) (b) . Generally the baseline is the lowest astronomical tide along the coast but it also includes lines enclosing bays and indentations that are not bays and straight baselines that depart from the coast. See Australia’s territorial sea baseline published 1988 by the Australian Government Printing Service. The map in schedule 1 shows the coastal waters of the State. (sec.16-ssec.1) Subject to this section, the coastal waters of the State are constituted by the first 3 nautical miles of the territorial sea from the baseline. (sec.16-ssec.2) The coastal waters do not include any waters that are inside the baseline. (sec.16-ssec.3) If— a tenure has been granted on the basis that an area is within coastal waters; and there is a change to the baseline or, because new data is obtained or existing data is reconsidered, the location of the baseline is reassessed; and as a result of the change to, or reassessment of the location of, the baseline, the area ceases to be within coastal waters; this Act applies as if the area were still within coastal waters. (sec.16-ssec.4) Subsection (3) continues to apply to the area only while the tenure and any successor tenure remains in force. (sec.16-ssec.5) If— an area in the offshore area under the Commonwealth Act is covered by a tenure under the Commonwealth Act; and there is a change to the baseline; and as a result of the change to the baseline, the area— ceases to be within the offshore area under the Commonwealth Act; and falls within coastal waters; this Act does not apply to the area. (sec.16-ssec.6) Subsection (5) continues to apply to the area only while the tenure under the Commonwealth Act and any successor tenure under that Act remains in force. (sec.16-ssec.7) This Act has effect subject to the Mineral Resources Act 1989 , section 4 . (sec.16-ssec.8) In this section— baseline means the baseline adjacent to the coast of the State (including the coast of any island forming part of the State) as for the time being decided under the Seas and Submerged Lands Act 1973 (Cwlth) , section 7 (2) (b) . Generally the baseline is the lowest astronomical tide along the coast but it also includes lines enclosing bays and indentations that are not bays and straight baselines that depart from the coast. See Australia’s territorial sea baseline published 1988 by the Australian Government Printing Service. The map in schedule 1 shows the coastal waters of the State.
This is how a sub-block is constituted in coastal waters— assume that there is laid over the coastal waters a grid constituted by— lines running along meridians drawn through each degree of longitude and the minutes between those degrees; and lines running along parallels drawn through each degree of latitude and the minutes between those degrees; take a bounded space defined by the grid; the seabed and subsoil within the coastal waters that is under that space is a sub-block. The diagram in schedule 2 shows how a sub-block is constituted. Each sub-block is identified by giving the name of the plan in the 1:1000000 map series, an identifying number of the 5 minute block and a letter identifying the 1 minute sub-block. (sec.17-ssec.1) This is how a sub-block is constituted in coastal waters— assume that there is laid over the coastal waters a grid constituted by— lines running along meridians drawn through each degree of longitude and the minutes between those degrees; and lines running along parallels drawn through each degree of latitude and the minutes between those degrees; take a bounded space defined by the grid; the seabed and subsoil within the coastal waters that is under that space is a sub-block. (sec.17-ssec.2) The diagram in schedule 2 shows how a sub-block is constituted. (sec.17-ssec.3) Each sub-block is identified by giving the name of the plan in the 1:1000000 map series, an identifying number of the 5 minute block and a letter identifying the 1 minute sub-block.
Subject to subsection (2) , the Minister may declare that a sub-block in coastal waters is a reserved sub-block. A reserved sub-block may be put up for tender by the Minister publishing in the Gazette a tender sub-block tenure notice (see sections 74 and 218 ). The Acts Interpretation Act 1954 , section 32C , which provides that in an Act, the singular includes the plural, allows a single declaration under this subsection to be made for 2 or more sub-blocks. A declaration under subsection (1) must not be made about a sub-block if— a tenure over that sub-block is in force; or an application for a tenure over that sub-block has been made and has not been decided. A declaration under subsection (1) must be made by gazette notice. (sec.18-ssec.1) Subject to subsection (2) , the Minister may declare that a sub-block in coastal waters is a reserved sub-block. A reserved sub-block may be put up for tender by the Minister publishing in the Gazette a tender sub-block tenure notice (see sections 74 and 218 ). The Acts Interpretation Act 1954 , section 32C , which provides that in an Act, the singular includes the plural, allows a single declaration under this subsection to be made for 2 or more sub-blocks. (sec.18-ssec.2) A declaration under subsection (1) must not be made about a sub-block if— a tenure over that sub-block is in force; or an application for a tenure over that sub-block has been made and has not been decided. (sec.18-ssec.3) A declaration under subsection (1) must be made by gazette notice.
A standard sub-block is a sub-block that is not the subject of a declaration under section 18 (1) .
A tender sub-block is a sub-block that is the subject of a tender sub-block tenure notice published by the Minister under section 74 or 218 .
A group of sub-blocks forms a discrete area if the area formed by the sub-blocks is continuous. Two sub-blocks that are joined at 1 point only do not form a continuous area. (sec.21-ssec.1) A group of sub-blocks forms a discrete area if the area formed by the sub-blocks is continuous. (sec.21-ssec.2) Two sub-blocks that are joined at 1 point only do not form a continuous area.
A mineral is a naturally occurring substance or a naturally occurring mixture of substances. This Act does not apply to petroleum, see section 35 (Act does not apply to exploration for or recovery of petroleum). Without limiting subsection (1) , a mineral may be in the form of clay, limestone, evaporites, shale, oil-shale or coal. However, the following are not minerals under this Act— coral limestone; sand, gravel and rock. See the Transport Infrastructure Act 1994 , section 153 (Definitions for chapter), definition extractive material . (sec.22-ssec.1) A mineral is a naturally occurring substance or a naturally occurring mixture of substances. This Act does not apply to petroleum, see section 35 (Act does not apply to exploration for or recovery of petroleum). (sec.22-ssec.2) Without limiting subsection (1) , a mineral may be in the form of clay, limestone, evaporites, shale, oil-shale or coal. (sec.22-ssec.3) However, the following are not minerals under this Act— coral limestone; sand, gravel and rock. See the Transport Infrastructure Act 1994 , section 153 (Definitions for chapter), definition extractive material .
Exploration for minerals includes any activity that is directly related to the exploration for minerals. Exploration does not include the exploration for minerals of the subsoil of coastal waters that is carried out by way of underground mining from land in the State if that exploration is carried out under the Mineral Resources Act 1989 . (sec.23-ssec.1) Exploration for minerals includes any activity that is directly related to the exploration for minerals. (sec.23-ssec.2) Exploration does not include the exploration for minerals of the subsoil of coastal waters that is carried out by way of underground mining from land in the State if that exploration is carried out under the Mineral Resources Act 1989 .
Recovery of minerals includes any activity that is directly related to the recovery of minerals. Recovery does not include the recovery of minerals from the subsoil of coastal waters that is carried out by way of underground mining from land in the State if that exploration is carried out under the Mineral Resources Act 1989 . (sec.24-ssec.1) Recovery of minerals includes any activity that is directly related to the recovery of minerals. (sec.24-ssec.2) Recovery does not include the recovery of minerals from the subsoil of coastal waters that is carried out by way of underground mining from land in the State if that exploration is carried out under the Mineral Resources Act 1989 .
A reference to the holder of a tenure or the tenure holder is a reference to the person whose name is entered in the offshore mining register as the person who holds the tenure. This Act is based upon the grant and registration of tenures. If a tenure is granted to a person, that person’s name is entered in the register (see section 333 ). The entry in the register about a tenure will be varied if there is a change in the holder of the tenure (see section 338 (4) ). A tenure may be held by more than 1 person. (sec.25-ssec.1) A reference to the holder of a tenure or the tenure holder is a reference to the person whose name is entered in the offshore mining register as the person who holds the tenure. This Act is based upon the grant and registration of tenures. If a tenure is granted to a person, that person’s name is entered in the register (see section 333 ). The entry in the register about a tenure will be varied if there is a change in the holder of the tenure (see section 338 (4) ). (sec.25-ssec.2) A tenure may be held by more than 1 person.
The following are the associates of a tenure holder— associated contractors of the holder; associated agents of the holder; associated agents of associated contractors; associated employees of the holder; associated employees of associated contractors. A person is an associated contractor of the holder if— the person enters into an agreement with the holder for carrying out activities under the tenure; or the person enters into an agreement with a person who is an associated contractor under paragraph (a) or this paragraph for carrying out activities under the tenure. A person is an associated agent of the holder if the person is the agent of, or acts on behalf of, the holder in relation to carrying out activities under the tenure. A person is an associated agent of an associated contractor if the person is the agent of, or acts on behalf of, the associated contractor in relation to carrying out activities under the tenure. A person is an associated employee of the holder if the person is employed by the holder and, in the course of that employment, carries out activities under the tenure. A person is an associated employee of an associated contractor if the person is employed by the associated contractor and, in the course of that employment, carries out activities under the tenure. (sec.26-ssec.1) The following are the associates of a tenure holder— associated contractors of the holder; associated agents of the holder; associated agents of associated contractors; associated employees of the holder; associated employees of associated contractors. (sec.26-ssec.2) A person is an associated contractor of the holder if— the person enters into an agreement with the holder for carrying out activities under the tenure; or the person enters into an agreement with a person who is an associated contractor under paragraph (a) or this paragraph for carrying out activities under the tenure. (sec.26-ssec.3) A person is an associated agent of the holder if the person is the agent of, or acts on behalf of, the holder in relation to carrying out activities under the tenure. (sec.26-ssec.4) A person is an associated agent of an associated contractor if the person is the agent of, or acts on behalf of, the associated contractor in relation to carrying out activities under the tenure. (sec.26-ssec.5) A person is an associated employee of the holder if the person is employed by the holder and, in the course of that employment, carries out activities under the tenure. (sec.26-ssec.6) A person is an associated employee of an associated contractor if the person is employed by the associated contractor and, in the course of that employment, carries out activities under the tenure.
Information is confidential information if— a tenure holder has given it to the Minister; and it is in a record, return, report or document; and it relates to activities authorised by the tenure; and it relates to an area of the seabed or subsoil that is covered by the tenure or a successor tenure to the tenure. However, if— a person is required to give the Minister a report about particular sub-blocks; and the person gives the Minister a report that relates not only to those sub-blocks but also to other sub-blocks; and the Minister is required to make the report available under section 376 ; the information that relates to those other sub-blocks is not confidential information. (sec.27-ssec.1) Information is confidential information if— a tenure holder has given it to the Minister; and it is in a record, return, report or document; and it relates to activities authorised by the tenure; and it relates to an area of the seabed or subsoil that is covered by the tenure or a successor tenure to the tenure. (sec.27-ssec.2) However, if— a person is required to give the Minister a report about particular sub-blocks; and the person gives the Minister a report that relates not only to those sub-blocks but also to other sub-blocks; and the Minister is required to make the report available under section 376 ; the information that relates to those other sub-blocks is not confidential information.
A sample is a confidential sample if— a tenure holder has given it to the Minister; and it was recovered in the course of activities authorised by the tenure; and it was recovered from an area of the seabed or subsoil that is covered by the tenure or a successor tenure to the tenure.
In this part— Commonwealth–State offshore area means the Commonwealth–State offshore area for the State under the Commonwealth Act, section 13 . The diagram in schedule 3 illustrates the Commonwealth–State offshore area.
The Minister may perform any function that the Minister has under the Commonwealth Act or an associated revenue Act— as a member of the Joint Authority for the Commonwealth–State offshore area provided for by the Commonwealth Act, section 32 (2) ; or as the Designated Authority for that area provided for by the Commonwealth Act, section 29 (2) . The Minister must perform any such function that the Minister is required to perform by the Commonwealth Act or an associated revenue Act. (sec.30-ssec.1) The Minister may perform any function that the Minister has under the Commonwealth Act or an associated revenue Act— as a member of the Joint Authority for the Commonwealth–State offshore area provided for by the Commonwealth Act, section 32 (2) ; or as the Designated Authority for that area provided for by the Commonwealth Act, section 29 (2) . (sec.30-ssec.2) The Minister must perform any such function that the Minister is required to perform by the Commonwealth Act or an associated revenue Act.
An officer of the public service to whom a delegation is made under the Commonwealth Act, section 419 may perform any function that the officer has under that delegation and must perform any such function that the officer is required to perform under the Commonwealth Act.
See note 2 to section 3 (1) .
This Act does not apply to the exploration for or recovery of petroleum. Offshore petroleum exploration and mining are regulated by the Petroleum (Submerged Lands) Act 1967 (Cwlth) and the Petroleum (Submerged Lands) Act 1982 . For petroleum , see schedule 5 (Dictionary).
See note 2 to section 3 (1) .
This Act applies to all individuals, including— individuals who are not Australian citizens; and individuals who are not resident in Queensland. This Act applies to all corporations, including— corporations that are not incorporated in Queensland; and corporations that do not carry on business in Queensland; and a company that, under the Corporations Act , is taken to be registered other than in Queensland. The Penalties and Sentences Act 1992 , section 181B provides that the maximum fine for a corporation is 5 times the maximum fine for an individual. s 37 amd 2001 No. 45 s 29 sch 3 (sec.37-ssec.1) This Act applies to all individuals, including— individuals who are not Australian citizens; and individuals who are not resident in Queensland. (sec.37-ssec.2) This Act applies to all corporations, including— corporations that are not incorporated in Queensland; and corporations that do not carry on business in Queensland; and a company that, under the Corporations Act , is taken to be registered other than in Queensland. The Penalties and Sentences Act 1992 , section 181B provides that the maximum fine for a corporation is 5 times the maximum fine for an individual.
A person must not— explore for minerals in coastal waters; or recover minerals from coastal waters; unless the exploration or recovery is authorised by a tenure or special purpose consent granted under this Act. Maximum penalty—400 penalty units. A works licence may be necessary because exploration includes activities that are directly related to exploration (see section 23 (1) ) and recovery includes activities that are directly related to recovery (see section 24 (1) ). This provision is an executive liability provision—see section 443 . s 38 amd 2013 No. 51 s 229 sch 1
This Act provides for the grant of— exploration permits; and mineral development licences; and mining leases; and works licences; and special purpose consents. An exploration permit is designed to cover the exploration phase of a project and authorises— exploration; and the recovery of mineral samples. A mineral development licence is designed to ensure the retention of rights pending the transition of a project from the exploration phase to the commercial mining phase and authorises— exploration; and the recovery of minerals but not as part of a commercial mining operation. A mining lease is designed to cover the commercial mining phase of a project and authorises— exploration; and full commercial recovery. A project might make use of any of the following 3 tenure arrangements— an exploration permit leading to a mining lease; an exploration permit leading to a mineral development licence and then a mining lease; a mining lease (without progressing through an exploration permit/mineral development licence stage). A tenure is granted over a particular area (constituted by sub-blocks). The tenure holder may need to carry out engineering or other activities outside the tenure area. If so, the tenure holder or someone else must obtain a works licence to carry out those activities. If a person wants to carry out— a scientific investigation; or a reconnaissance survey; or the collection of only small amounts of minerals; in coastal waters, the person must obtain a special purpose consent under part 2.6 to carry out the activity. Even though a person has a tenure or special purpose consent, the person must not interfere unnecessarily with navigation, native title, fishing, resource conservation or other activities in the area (see section 44 ).
The following 3 steps must happen before a tenure comes into force— provisional grant of the tenure; proper acceptance of the grant; registration of the grant. See sections 88 , 154 , 232 and 286 . If a tenure is provisionally granted to a person, the person must do the following to properly accept the grant— give the Minister a written acceptance; lodge any security that the Minister has required; pay the fee that is payable under section 425 . See sections 70 , 84 , 151 , 214 , 228 and 283 . The following 3 steps must occur before a renewal of a tenure comes into force— provisional renewal of the tenure; proper acceptance of the renewal; registration of the renewal. See sections 89 , 155 , 233 and 287 . If a tenure is provisionally renewed, the holder must do the following to properly accept the renewal— give the Minister a written acceptance of the renewal; lodge any security that the Minister has required; pay the fee that is payable under section 425 . See sections 114 , 173 , 250 and 300 . (sec.40-ssec.1) The following 3 steps must happen before a tenure comes into force— provisional grant of the tenure; proper acceptance of the grant; registration of the grant. See sections 88 , 154 , 232 and 286 . (sec.40-ssec.2) If a tenure is provisionally granted to a person, the person must do the following to properly accept the grant— give the Minister a written acceptance; lodge any security that the Minister has required; pay the fee that is payable under section 425 . See sections 70 , 84 , 151 , 214 , 228 and 283 . (sec.40-ssec.3) The following 3 steps must occur before a renewal of a tenure comes into force— provisional renewal of the tenure; proper acceptance of the renewal; registration of the renewal. See sections 89 , 155 , 233 and 287 . (sec.40-ssec.4) If a tenure is provisionally renewed, the holder must do the following to properly accept the renewal— give the Minister a written acceptance of the renewal; lodge any security that the Minister has required; pay the fee that is payable under section 425 . See sections 114 , 173 , 250 and 300 .
The Minister may approve the form and the way in which the following are to be made— applications for tenures over sub-blocks in coastal waters; applications for the renewal of tenures over sub-blocks in coastal waters. An approval under subsection (1) must be made in writing. (sec.41-ssec.1) The Minister may approve the form and the way in which the following are to be made— applications for tenures over sub-blocks in coastal waters; applications for the renewal of tenures over sub-blocks in coastal waters. (sec.41-ssec.2) An approval under subsection (1) must be made in writing.
Any minerals recovered by a tenure holder or special purpose consent holder from a sub-block covered by the tenure or consent become the property of the holder when they are recovered. If the tenure or consent authorises the exploration for and the recovery of minerals only of a particular kind, subsection (1) only applies to the recovery of minerals of that kind. Subsection (1) does not apply to the recovery of minerals by a works licence holder. The minerals recovered are not subject to the rights of any other person. Subsection (4) does not apply to rights that the tenure or consent holder transfers to the other person. (sec.42-ssec.1) Any minerals recovered by a tenure holder or special purpose consent holder from a sub-block covered by the tenure or consent become the property of the holder when they are recovered. (sec.42-ssec.2) If the tenure or consent authorises the exploration for and the recovery of minerals only of a particular kind, subsection (1) only applies to the recovery of minerals of that kind. (sec.42-ssec.3) Subsection (1) does not apply to the recovery of minerals by a works licence holder. (sec.42-ssec.4) The minerals recovered are not subject to the rights of any other person. (sec.42-ssec.5) Subsection (4) does not apply to rights that the tenure or consent holder transfers to the other person.
The grant of a tenure or special purpose consent does not extinguish native title in the tenure or consent area. While a tenure or special purpose consent is in force over an area, native title in the area is subject to the rights conferred by the tenure or consent. If compensation is payable under the Native Title Act 1993 (Cwlth) , section 23 (4) in relation to the grant of a tenure or special purpose consent, the person who applied for the grant must, for section 23 (5) (b) of that Act, pay the compensation. (sec.43-ssec.1) The grant of a tenure or special purpose consent does not extinguish native title in the tenure or consent area. (sec.43-ssec.2) While a tenure or special purpose consent is in force over an area, native title in the area is subject to the rights conferred by the tenure or consent. (sec.43-ssec.3) If compensation is payable under the Native Title Act 1993 (Cwlth) , section 23 (4) in relation to the grant of a tenure or special purpose consent, the person who applied for the grant must, for section 23 (5) (b) of that Act, pay the compensation.
A person who carries out activities in coastal waters under a tenure or special purpose consent granted under this Act must not do so in a way that interferes with— navigation; or the exercise of native title rights and interests; or fishing; or the conservation of the resources of the sea or the seabed; or any activities that someone else is lawfully carrying out; to a greater extent than is necessary for— the reasonable exercise of the person’s rights under the tenure or consent; or the performance of the person’s duties under the tenure or consent. Maximum penalty—134 penalty units. The person referred to here might be the tenure or consent holder or might be an associated person. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 443A , to have also committed the offence. s 44 amd 2013 No. 51 s 229 sch 1
This part provides for the grant of exploration permits over sub-blocks in coastal waters. An exploration permit may be granted over a standard sub-block or over a tender sub-block. A tender sub-block is a sub-block that has been declared available for tender. A standard sub-block is any sub-block that is not a reserved sub-block (see sections 19 and 20 ). See division 2 (Application for a grant of exploration permit over standard sub-blocks) or division 3 (Application for and grant of exploration permit over tender sub-block). (sec.45-ssec.1) This part provides for the grant of exploration permits over sub-blocks in coastal waters. (sec.45-ssec.2) An exploration permit may be granted over a standard sub-block or over a tender sub-block. A tender sub-block is a sub-block that has been declared available for tender. A standard sub-block is any sub-block that is not a reserved sub-block (see sections 19 and 20 ). See division 2 (Application for a grant of exploration permit over standard sub-blocks) or division 3 (Application for and grant of exploration permit over tender sub-block).
Subject to subsection (2) , an exploration permit holder may— explore for minerals in the tenure area; and take samples of minerals in the tenure area. Under section 23 (1) the concept of exploration extends to activities that are directly related to exploration. If the tenure is expressed to restrict the kind of minerals covered by the tenure, the holder is not permitted to explore for, or to take samples of, minerals not covered by the tenure. A restriction on the kind of minerals covered by the tenure may be inclusive (for example, only minerals A, B and C) or exclusive (for example, all minerals except A, B and C). For subsection (2) , the holder does not take samples of an excluded mineral if, in the course of exploring for, or taking samples of, another mineral, the holder recovers some excluded mineral. (sec.46-ssec.1) Subject to subsection (2) , an exploration permit holder may— explore for minerals in the tenure area; and take samples of minerals in the tenure area. Under section 23 (1) the concept of exploration extends to activities that are directly related to exploration. (sec.46-ssec.2) If the tenure is expressed to restrict the kind of minerals covered by the tenure, the holder is not permitted to explore for, or to take samples of, minerals not covered by the tenure. (sec.46-ssec.3) A restriction on the kind of minerals covered by the tenure may be inclusive (for example, only minerals A, B and C) or exclusive (for example, all minerals except A, B and C). (sec.46-ssec.4) For subsection (2) , the holder does not take samples of an excluded mineral if, in the course of exploring for, or taking samples of, another mineral, the holder recovers some excluded mineral.
No compensation is payable because of the cancellation or non-renewal of an exploration permit by the Minister. The Minister may cancel the tenure under section 130 . The Minister may refuse to renew the tenure under section 108 .
The Minister must suspend particular rights conferred by an exploration permit if the Minister is satisfied that it is necessary in the public interest to do so. The Minister may suspend rights under subsection (1) for a specified period or for an indefinite period. The Minister may end a suspension at any time. A suspension or the ending of a suspension must be in writing. If the Minister— suspends rights conferred by an exploration permit; or ends a suspension; the Minister must give the tenure holder a notice that informs the holder of the suspension or the ending of the suspension. See section 122 for the effect of the suspension on the obligations associated with the tenure. A suspension takes effect when— the holder has been given notice of the suspension under subsection (5) ; and the suspension has been registered under section 337 . (sec.48-ssec.1) The Minister must suspend particular rights conferred by an exploration permit if the Minister is satisfied that it is necessary in the public interest to do so. (sec.48-ssec.2) The Minister may suspend rights under subsection (1) for a specified period or for an indefinite period. (sec.48-ssec.3) The Minister may end a suspension at any time. (sec.48-ssec.4) A suspension or the ending of a suspension must be in writing. (sec.48-ssec.5) If the Minister— suspends rights conferred by an exploration permit; or ends a suspension; the Minister must give the tenure holder a notice that informs the holder of the suspension or the ending of the suspension. See section 122 for the effect of the suspension on the obligations associated with the tenure. (sec.48-ssec.6) A suspension takes effect when— the holder has been given notice of the suspension under subsection (5) ; and the suspension has been registered under section 337 .
If— the Minister suspends tenure rights under section 48 ; and the suspension results in the acquisition of property from a person; and the State and the person agree on an amount of compensation for the acquisition; the State must pay the person the agreed amount of compensation. If— the Minister suspends tenure rights under section 48 ; and the suspension results in the acquisition of property from a person; and the State and the person do not agree on an amount of compensation for the acquisition; and the person brings an action for compensation against the State in the Wardens Court; the State must pay the person the amount of compensation (if any) that is decided by the court. In this section— acquisition of property see the Commonwealth Constitution, section 51 (xxxi) . (sec.49-ssec.1) If— the Minister suspends tenure rights under section 48 ; and the suspension results in the acquisition of property from a person; and the State and the person agree on an amount of compensation for the acquisition; the State must pay the person the agreed amount of compensation. (sec.49-ssec.2) If— the Minister suspends tenure rights under section 48 ; and the suspension results in the acquisition of property from a person; and the State and the person do not agree on an amount of compensation for the acquisition; and the person brings an action for compensation against the State in the Wardens Court; the State must pay the person the amount of compensation (if any) that is decided by the court. (sec.49-ssec.3) In this section— acquisition of property see the Commonwealth Constitution, section 51 (xxxi) .
A person may apply to the Minister for an exploration permit over a standard sub-block if— the sub-block is vacant; and the sub-block is not excluded. For excluded sub-blocks see section 51 . A standard sub-block is vacant if no exploration permit, mineral development licence or mining lease is in force over the sub-block. A person may apply for an exploration permit over a group of standard sub-blocks if— the group forms a discrete area; and there are not more than 500 sub-blocks in the group. The Minister may, in certain circumstances, allow an application to be made for an exploration permit covering up to 3 discrete areas (see section 53 ). (sec.50-ssec.1) A person may apply to the Minister for an exploration permit over a standard sub-block if— the sub-block is vacant; and the sub-block is not excluded. For excluded sub-blocks see section 51 . (sec.50-ssec.2) A standard sub-block is vacant if no exploration permit, mineral development licence or mining lease is in force over the sub-block. (sec.50-ssec.3) A person may apply for an exploration permit over a group of standard sub-blocks if— the group forms a discrete area; and there are not more than 500 sub-blocks in the group. The Minister may, in certain circumstances, allow an application to be made for an exploration permit covering up to 3 discrete areas (see section 53 ).
A sub-block is excluded if— an exploration permit over the sub-block has been surrendered or cancelled; and a period of 30 days after the day on which the tenure was surrendered or cancelled has not ended. A sub-block is excluded for a particular applicant if— the applicant previously applied for an exploration permit over the sub-block; and the application was refused; and a period of 6 months after the day on which the previous application was refused has not ended. A sub-block is excluded for a particular applicant if— the applicant was previously the holder of an exploration permit, mineral development licence or mining lease over the sub-block; and that previous tenure was surrendered or cancelled; and a period of 6 months after the day on which the previous tenure was surrendered or cancelled has not ended. A sub-block is excluded for a particular applicant if— the applicant was previously the holder of an exploration permit, mineral development licence or mining lease over the sub-block; and the holder was— required by the tenure conditions; or given a direction under section 387 or 392 ; to provide the Minister with information; and the holder provided the information; and the holder surrendered the tenure; and a period of 6 months from the day on which the holder provided the information has not ended. (sec.51-ssec.1) A sub-block is excluded if— an exploration permit over the sub-block has been surrendered or cancelled; and a period of 30 days after the day on which the tenure was surrendered or cancelled has not ended. (sec.51-ssec.2) A sub-block is excluded for a particular applicant if— the applicant previously applied for an exploration permit over the sub-block; and the application was refused; and a period of 6 months after the day on which the previous application was refused has not ended. (sec.51-ssec.3) A sub-block is excluded for a particular applicant if— the applicant was previously the holder of an exploration permit, mineral development licence or mining lease over the sub-block; and that previous tenure was surrendered or cancelled; and a period of 6 months after the day on which the previous tenure was surrendered or cancelled has not ended. (sec.51-ssec.4) A sub-block is excluded for a particular applicant if— the applicant was previously the holder of an exploration permit, mineral development licence or mining lease over the sub-block; and the holder was— required by the tenure conditions; or given a direction under section 387 or 392 ; to provide the Minister with information; and the holder provided the information; and the holder surrendered the tenure; and a period of 6 months from the day on which the holder provided the information has not ended.
A person who wants to apply for an exploration permit over a sub-block that is excluded may apply to the Minister for a decision under subsection (2) . The Minister may decide that the person may apply for the tenure over the sub-block despite section 51 . The decision must be made in writing. (sec.52-ssec.1) A person who wants to apply for an exploration permit over a sub-block that is excluded may apply to the Minister for a decision under subsection (2) . (sec.52-ssec.2) The Minister may decide that the person may apply for the tenure over the sub-block despite section 51 . (sec.52-ssec.3) The decision must be made in writing.
If— a person (the first applicant ) applies for an exploration permit; and another person (the second applicant ) subsequently applies for an exploration permit for a group of sub-blocks that includes a sub-block covered by the application made by the first applicant; and an exploration permit is then granted to the first applicant; and as a result of the grant, the sub-blocks for which the second applicant can be granted an exploration permit no longer form a discrete area; the second applicant may apply to the Minister for approval for the application to proceed even though the sub-blocks it covers no longer form a discrete area. See also section 59 . Subject to subsection (3) , the Minister may approve the application proceeding even though the sub-blocks that the application covers do not form a discrete area. The Minister may give an approval under subsection (2) only if the sub-blocks covered by the application form not more than 3 discrete areas. (sec.53-ssec.1) If— a person (the first applicant ) applies for an exploration permit; and another person (the second applicant ) subsequently applies for an exploration permit for a group of sub-blocks that includes a sub-block covered by the application made by the first applicant; and an exploration permit is then granted to the first applicant; and as a result of the grant, the sub-blocks for which the second applicant can be granted an exploration permit no longer form a discrete area; the second applicant may apply to the Minister for approval for the application to proceed even though the sub-blocks it covers no longer form a discrete area. See also section 59 . (sec.53-ssec.2) Subject to subsection (3) , the Minister may approve the application proceeding even though the sub-blocks that the application covers do not form a discrete area. (sec.53-ssec.3) The Minister may give an approval under subsection (2) only if the sub-blocks covered by the application form not more than 3 discrete areas.
The application must— be made in accordance with the approved form; and be made in the approved way; and specify the sub-blocks for which the application is made; and include details of— the activities that the applicant intends to carry out on the sub-block or sub-blocks covered by the application; and the amount of money that the applicant intends to spend on those activities; and the technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the tenure; and the technical advice available to the applicant; and the financial resources available to the applicant; and if the tenure is to be held by more than 1 person—the share in the tenure that each prospective holder will hold; and be accompanied by maps that— relate to the sub-blocks; and comply with the regulations; and specify an address for service of notices under this Act and the regulations. For paragraphs (a) and (b) see section 41 . Paragraph (c) : the Minister may, after consulting the applicant, vary the sub-blocks applied for (see section 59 ). The applicant may include in the application any other information that the applicant considers relevant. (sec.54-ssec.1) The application must— be made in accordance with the approved form; and be made in the approved way; and specify the sub-blocks for which the application is made; and include details of— the activities that the applicant intends to carry out on the sub-block or sub-blocks covered by the application; and the amount of money that the applicant intends to spend on those activities; and the technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the tenure; and the technical advice available to the applicant; and the financial resources available to the applicant; and if the tenure is to be held by more than 1 person—the share in the tenure that each prospective holder will hold; and be accompanied by maps that— relate to the sub-blocks; and comply with the regulations; and specify an address for service of notices under this Act and the regulations. For paragraphs (a) and (b) see section 41 . Paragraph (c) : the Minister may, after consulting the applicant, vary the sub-blocks applied for (see section 59 ). (sec.54-ssec.2) The applicant may include in the application any other information that the applicant considers relevant.
If— a person applies for a tenure over a group of standard sub-blocks; and because of section 18 , 50 or 51 , an exploration permit can not be granted over 1 or more of the sub-blocks in the group; the Minister may still deal with the application to the extent to which the application covers sub-blocks for which an exploration permit can be granted. An exploration permit can not be granted over a sub-block that is not vacant or is excluded (see sections 50 and 51 ) or over a reserved sub-block (see section 18 ).
The applicant must pay the application fee prescribed under a regulation. The fee must be paid when the application is made. The Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee. (sec.56-ssec.1) The applicant must pay the application fee prescribed under a regulation. (sec.56-ssec.2) The fee must be paid when the application is made. (sec.56-ssec.3) The Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee.
The applicant must advertise the application in a newspaper circulating throughout the State. The advertisement must contain— the applicant’s name and address; and a map and description of the sub-blocks applied for that are sufficient for the sub-blocks to be identified; and the address of the Minister; and a statement that— the applicant has applied for an exploration permit over the sub-blocks described in the notice; and invites comment from the public on the application; and requests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published. The advertisement must be published— as soon as possible after the applicant makes the application; and in any case, subject to subsection (4) , within 14 days after the day on which the applicant makes the application. If— the applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and the Minister extends the period; the advertisement must be published within the period as extended by the Minister. (sec.57-ssec.1) The applicant must advertise the application in a newspaper circulating throughout the State. (sec.57-ssec.2) The advertisement must contain— the applicant’s name and address; and a map and description of the sub-blocks applied for that are sufficient for the sub-blocks to be identified; and the address of the Minister; and a statement that— the applicant has applied for an exploration permit over the sub-blocks described in the notice; and invites comment from the public on the application; and requests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published. (sec.57-ssec.3) The advertisement must be published— as soon as possible after the applicant makes the application; and in any case, subject to subsection (4) , within 14 days after the day on which the applicant makes the application. (sec.57-ssec.4) If— the applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and the Minister extends the period; the advertisement must be published within the period as extended by the Minister.
Subject to subsection (2) , if a sub-block is covered by 2 or more applications for an exploration or mining lease, the Minister must deal with the applications in the order in which they are made. See also section 203 (How multiple applications are dealt with). If— the applications are lodged within a particular time of each other; and the time is less than the time prescribed under a regulation; the Minister must decide the order in which the applications are to be dealt with by drawing lots in the way prescribed under a regulation. (sec.58-ssec.1) Subject to subsection (2) , if a sub-block is covered by 2 or more applications for an exploration or mining lease, the Minister must deal with the applications in the order in which they are made. See also section 203 (How multiple applications are dealt with). (sec.58-ssec.2) If— the applications are lodged within a particular time of each other; and the time is less than the time prescribed under a regulation; the Minister must decide the order in which the applications are to be dealt with by drawing lots in the way prescribed under a regulation.
The Minister may ask the applicant to discuss with the Minister the sub-blocks covered by the application. The request under subsection (1) must be— made in writing; and given to the applicant. If, after discussions, the Minister and the applicant agree on the sub-blocks to be covered by the application, the applicant is taken to have applied for an exploration permit over the sub-blocks agreed on. The Minister must give the applicant written confirmation of the agreement as soon as possible after the agreement is reached. The Minister may include in the written confirmation a direction that the applicant must advertise the revised application under section 60 . If the Minister and the applicant do not agree on the sub-blocks to be covered by the application— the Minister may make a written decision specifying the sub-blocks to be covered by the application; and the applicant is taken to have applied for an exploration permit over the sub-blocks specified in the decision. The Minister may include in the written decision a direction that the applicant must advertise the revised application under section 60 . If the Minister makes a decision under subsection (6) , the Minister must give a copy of the decision to the applicant as soon as possible after the decision is made. (sec.59-ssec.1) The Minister may ask the applicant to discuss with the Minister the sub-blocks covered by the application. (sec.59-ssec.2) The request under subsection (1) must be— made in writing; and given to the applicant. (sec.59-ssec.3) If, after discussions, the Minister and the applicant agree on the sub-blocks to be covered by the application, the applicant is taken to have applied for an exploration permit over the sub-blocks agreed on. (sec.59-ssec.4) The Minister must give the applicant written confirmation of the agreement as soon as possible after the agreement is reached. (sec.59-ssec.5) The Minister may include in the written confirmation a direction that the applicant must advertise the revised application under section 60 . (sec.59-ssec.6) If the Minister and the applicant do not agree on the sub-blocks to be covered by the application— the Minister may make a written decision specifying the sub-blocks to be covered by the application; and the applicant is taken to have applied for an exploration permit over the sub-blocks specified in the decision. (sec.59-ssec.7) The Minister may include in the written decision a direction that the applicant must advertise the revised application under section 60 . (sec.59-ssec.8) If the Minister makes a decision under subsection (6) , the Minister must give a copy of the decision to the applicant as soon as possible after the decision is made.
If— the application has been revised under section 59 ; and the applicant has been given a direction under section 59 (5) or (7) ; the applicant must advertise the revised application in a newspaper circulating throughout the State. The advertisement must contain— the applicant’s name and address; and a map and description of the sub-blocks covered by the revised application that are sufficient for the sub-blocks to be identified; and the address of the Minister; and a statement that— the applicant has applied for an exploration permit over the sub-blocks described in the notice; and invites comment from the public on the application; and requests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published. The advertisement must be published— if the Minister and the applicant agree on the sub-blocks applied for under sub section 59 (3) —as soon as possible after the applicant is given written confirmation of the agreement under section 59 (4) ; or if the Minister makes a decision about the sub-blocks applied for under section 59 (6) —as soon as possible after the applicant is given a copy of the decision under section 59 (8) ; but in any case, subject to subsection (4) , within 14 days after the applicant is given the confirmation or copy. If— the applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and the Minister extends the period; the advertisement must be published within the period as extended by the Minister. (sec.60-ssec.1) If— the application has been revised under section 59 ; and the applicant has been given a direction under section 59 (5) or (7) ; the applicant must advertise the revised application in a newspaper circulating throughout the State. (sec.60-ssec.2) The advertisement must contain— the applicant’s name and address; and a map and description of the sub-blocks covered by the revised application that are sufficient for the sub-blocks to be identified; and the address of the Minister; and a statement that— the applicant has applied for an exploration permit over the sub-blocks described in the notice; and invites comment from the public on the application; and requests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published. (sec.60-ssec.3) The advertisement must be published— if the Minister and the applicant agree on the sub-blocks applied for under sub section 59 (3) —as soon as possible after the applicant is given written confirmation of the agreement under section 59 (4) ; or if the Minister makes a decision about the sub-blocks applied for under section 59 (6) —as soon as possible after the applicant is given a copy of the decision under section 59 (8) ; but in any case, subject to subsection (4) , within 14 days after the applicant is given the confirmation or copy. (sec.60-ssec.4) If— the applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and the Minister extends the period; the advertisement must be published within the period as extended by the Minister.
The Minister may ask the applicant for further information about the application. The request must— be in writing; and be given to the applicant; and specify the time within which the information must be provided. Information requested under subsection (1) must be provided— in writing; and within the time specified in the request. (sec.61-ssec.1) The Minister may ask the applicant for further information about the application. (sec.61-ssec.2) The request must— be in writing; and be given to the applicant; and specify the time within which the information must be provided. (sec.61-ssec.3) Information requested under subsection (1) must be provided— in writing; and within the time specified in the request.
See note 2 to section 3 (1) .
If the applicant does what is required by sections 54 to 61 , the Minister may— provisionally grant an exploration permit to the applicant; or refuse the application. Under section 88 , the grant of the tenure can not be effective before it is registered (see section 333 for registration). The grant will not be registered until it has been properly accepted (see section 70 for proper acceptance ).
See note 2 to section 3 (1) .
The tenure must specify— the sub-blocks covered by the tenure; and the term of the tenure; and the tenure conditions. For the term of a tenure see section 18 .
The Minister must give the applicant notice of a decision under section 63 . If the Minister provisionally grants an exploration permit— the Minister must give the tenure to the provisional holder; and the notice under subsection (1) must contain notification— of any decision under section 399 that the provisional holder must lodge a security; and that the provisional grant will lapse unless the provisional holder, before the end of the primary payment period— gives the Minister a written acceptance of the grant; and lodges any security required under section 399 ; and pays the fee that must be paid for the tenure under section 425 . (sec.66-ssec.1) The Minister must give the applicant notice of a decision under section 63 . (sec.66-ssec.2) If the Minister provisionally grants an exploration permit— the Minister must give the tenure to the provisional holder; and the notice under subsection (1) must contain notification— of any decision under section 399 that the provisional holder must lodge a security; and that the provisional grant will lapse unless the provisional holder, before the end of the primary payment period— gives the Minister a written acceptance of the grant; and lodges any security required under section 399 ; and pays the fee that must be paid for the tenure under section 425 .
If the provisional holder is dissatisfied with the tenure conditions, the provisional holder may ask the Minister to amend the conditions. The request must be made within 30 days after the day on which the provisional holder is given the tenure under section 66 . If a request is made under subsection (1) , the Minister may amend the tenure conditions as requested and, with the consent of the provisional holder, otherwise amend the conditions. The Minister must give the provisional holder notice of a decision under this section. (sec.67-ssec.1) If the provisional holder is dissatisfied with the tenure conditions, the provisional holder may ask the Minister to amend the conditions. (sec.67-ssec.2) The request must be made within 30 days after the day on which the provisional holder is given the tenure under section 66 . (sec.67-ssec.3) If a request is made under subsection (1) , the Minister may amend the tenure conditions as requested and, with the consent of the provisional holder, otherwise amend the conditions. (sec.67-ssec.4) The Minister must give the provisional holder notice of a decision under this section.
If the provisional holder— is notified of a security requirement; and is dissatisfied with the amount of the security required; the provisional holder may ask the Minister to make a new decision under section 399 . The request must be made within 30 days after the day on which the provisional holder is given notice under section 66 . If a request is made under subsection (1) , the Minister may make a new decision under section 399 . The Minister must give the provisional holder notice of the new decision. (sec.68-ssec.1) If the provisional holder— is notified of a security requirement; and is dissatisfied with the amount of the security required; the provisional holder may ask the Minister to make a new decision under section 399 . (sec.68-ssec.2) The request must be made within 30 days after the day on which the provisional holder is given notice under section 66 . (sec.68-ssec.3) If a request is made under subsection (1) , the Minister may make a new decision under section 399 . (sec.68-ssec.4) The Minister must give the provisional holder notice of the new decision.
If the provisional holder makes a request under section 67 or 68 , the provisional holder may ask the Minister to extend the primary payment period. The request must be made within 30 days after the day on which the provisional holder is given notice under section 66 . If the Minister agrees to the request, the Minister must— decide the period of the extension; and give the provisional holder a notice of the period of the extension. (sec.69-ssec.1) If the provisional holder makes a request under section 67 or 68 , the provisional holder may ask the Minister to extend the primary payment period. (sec.69-ssec.2) The request must be made within 30 days after the day on which the provisional holder is given notice under section 66 . (sec.69-ssec.3) If the Minister agrees to the request, the Minister must— decide the period of the extension; and give the provisional holder a notice of the period of the extension.
The provisional grant of the exploration permit is properly accepted by the provisional holder if, before the required time, the provisional holder— gives the Minister a written acceptance of the grant; and lodges any security required under section 399 ; and pays the fee that must be paid for the tenure under section 425 . The required time under subsection (1) is the end of the primary payment period or, if the provisional holder has been granted an extension of the primary payment period under section 69 , the end of the secondary payment period. Under section 88 , the grant of the tenure can not be effective before it is registered (see section 333 for registration). (sec.70-ssec.1) The provisional grant of the exploration permit is properly accepted by the provisional holder if, before the required time, the provisional holder— gives the Minister a written acceptance of the grant; and lodges any security required under section 399 ; and pays the fee that must be paid for the tenure under section 425 . (sec.70-ssec.2) The required time under subsection (1) is the end of the primary payment period or, if the provisional holder has been granted an extension of the primary payment period under section 69 , the end of the secondary payment period. Under section 88 , the grant of the tenure can not be effective before it is registered (see section 333 for registration).
If the provisional grant of the tenure is properly accepted under section 70 , it is subject to— the conditions specified in the tenure given to the applicant under section 66 ; or if the Minister amended those conditions under section 67 —those conditions as amended.
If the provisional grant of the tenure is not properly accepted under section 70 , the provisional grant lapses.
If the Minister proposes to invite applications for the grant of an exploration permit over reserved sub-blocks, the Minister must, before inviting the applications, decide— the procedure and criteria that the Minister will adopt to allocate the tenure; and the amount of security that will be required for the tenure under section 399 ; and the tenure conditions.
Subject to subsection (2) , the Minister may invite applications for the grant of an exploration permit over reserved sub-blocks. Applications may be invited for a tenure covering a group of reserved sub-blocks only if the group forms a discrete area. The Minister is to invite applications by publishing a tender sub-block tenure notice for the tenure in the gazette. (sec.74-ssec.1) Subject to subsection (2) , the Minister may invite applications for the grant of an exploration permit over reserved sub-blocks. (sec.74-ssec.2) Applications may be invited for a tenure covering a group of reserved sub-blocks only if the group forms a discrete area. (sec.74-ssec.3) The Minister is to invite applications by publishing a tender sub-block tenure notice for the tenure in the gazette.
A tender sub-block tenure notice for an exploration permit must— specify the sub-blocks to be covered by the tenure; and specify the period within which applications may be made; and specify the procedure and criteria that the Minister will adopt to allocate the tenure; and specify the amount of security that the successful applicant will be required to lodge; and include a statement to the effect that information about— the security that the successful applicant will be required to lodge; and the tenure conditions; may be obtained from the Minister. Without limiting subsection (1) (c) , the Minister may, for that paragraph, specify that the tender will be decided on the basis of either or both of the following— the nature and extent of the exploration activity proposed to be carried out; the amount of money offered for the tenure. The tender sub-block tenure notice may specify not more than 500 sub-blocks for the exploration permit. (sec.75-ssec.1) A tender sub-block tenure notice for an exploration permit must— specify the sub-blocks to be covered by the tenure; and specify the period within which applications may be made; and specify the procedure and criteria that the Minister will adopt to allocate the tenure; and specify the amount of security that the successful applicant will be required to lodge; and include a statement to the effect that information about— the security that the successful applicant will be required to lodge; and the tenure conditions; may be obtained from the Minister. (sec.75-ssec.2) Without limiting subsection (1) (c) , the Minister may, for that paragraph, specify that the tender will be decided on the basis of either or both of the following— the nature and extent of the exploration activity proposed to be carried out; the amount of money offered for the tenure. (sec.75-ssec.3) The tender sub-block tenure notice may specify not more than 500 sub-blocks for the exploration permit.
If a tender sub-block tenure notice has been published inviting applications for an exploration permit, a person may apply to the Minister for the tenure.
The application must— be made in accordance with the approved form; and be made in the approved way; and be made before the end of the period specified in the tender sub-block tenure notice; and address the criteria specified under section 75 (1) (c) ; and include details of— the technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the tenure; and the technical advice available to the applicant; and the financial resources available to the applicant; and if the tenure is to be held by more than 1 person—the share in the tenure that each prospective holder will hold; and specify an address for service of notices under this Act and the regulations. For paragraphs (a) and (b) see section 41 . The applicant may include in the application any other information that the applicant considers relevant. (sec.77-ssec.1) The application must— be made in accordance with the approved form; and be made in the approved way; and be made before the end of the period specified in the tender sub-block tenure notice; and address the criteria specified under section 75 (1) (c) ; and include details of— the technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the tenure; and the technical advice available to the applicant; and the financial resources available to the applicant; and if the tenure is to be held by more than 1 person—the share in the tenure that each prospective holder will hold; and specify an address for service of notices under this Act and the regulations. For paragraphs (a) and (b) see section 41 . (sec.77-ssec.2) The applicant may include in the application any other information that the applicant considers relevant.
The applicant must pay the application fee prescribed under a regulation. The fee must be paid when the application is made. The Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee. (sec.78-ssec.1) The applicant must pay the application fee prescribed under a regulation. (sec.78-ssec.2) The fee must be paid when the application is made. (sec.78-ssec.3) The Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee.
The Minister may ask the applicant for further information about the application. The request must— be in writing; and be given to the applicant; and specify the time within which the information must be provided. Information requested under subsection (1) must be provided— in writing; and within the time specified in the request. (sec.79-ssec.1) The Minister may ask the applicant for further information about the application. (sec.79-ssec.2) The request must— be in writing; and be given to the applicant; and specify the time within which the information must be provided. (sec.79-ssec.3) Information requested under subsection (1) must be provided— in writing; and within the time specified in the request.
See note 2 to section 3 (1) .
The Minister may provisionally grant an exploration permit to an applicant who has done what is required by sections 77 to 79 . When provisionally granting a tenure under subsection (1) , the Minister must follow the procedure and apply the criteria specified in the tender sub-block tenure notice published for the tenure under section 74 . If the Minister refuses to grant a tenure under subsection (1) , the Minister must give the applicant notice of the refusal. (sec.81-ssec.1) The Minister may provisionally grant an exploration permit to an applicant who has done what is required by sections 77 to 79 . (sec.81-ssec.2) When provisionally granting a tenure under subsection (1) , the Minister must follow the procedure and apply the criteria specified in the tender sub-block tenure notice published for the tenure under section 74 . (sec.81-ssec.3) If the Minister refuses to grant a tenure under subsection (1) , the Minister must give the applicant notice of the refusal.
See note 2 to section 3 (1) .
If the Minister provisionally grants an exploration permit under section 81 or 87 , the Minister must give the provisional holder— the tenure; and notice that the provisional grant will lapse unless the provisional holder, within 30 days after the day on which the notice is given— gives the Minister a written acceptance of the grant; and lodges any security required under section 399 ; and pays the fee that must be paid for the tenure under section 425 ; and if the tender is decided on the basis of the amounts of money offered for the tenure—pays to the Minister the amount that the provisional holder offered for the tenure under section 77 (1) (d) . The tenure must specify— the sub-blocks covered by the tenure; and the term of the tenure; and the tenure conditions. See section 88 (Initial term of exploration permit). (sec.83-ssec.1) If the Minister provisionally grants an exploration permit under section 81 or 87 , the Minister must give the provisional holder— the tenure; and notice that the provisional grant will lapse unless the provisional holder, within 30 days after the day on which the notice is given— gives the Minister a written acceptance of the grant; and lodges any security required under section 399 ; and pays the fee that must be paid for the tenure under section 425 ; and if the tender is decided on the basis of the amounts of money offered for the tenure—pays to the Minister the amount that the provisional holder offered for the tenure under section 77 (1) (d) . (sec.83-ssec.2) The tenure must specify— the sub-blocks covered by the tenure; and the term of the tenure; and the tenure conditions. See section 88 (Initial term of exploration permit).
The provisional grant of an exploration permit is properly accepted by the provisional holder if, within 30 days after the day on which the provisional holder is given notice under section 83 , the provisional holder— gives the Minister a written acceptance of the grant; and lodges any security required under section 399 ; and pays the fee that must be paid for the tenure under section 425 ; and if the tender is decided on the basis of the amount of money offered for the tenure—pays to the Minister the amount that the provisional holder offered for the tenure under section 77 (1) (d) . Under section 88 , the grant of the tenure can not be effective before it is registered (see section 333 for registration).
If the provisional grant of the tenure is properly accepted, the tenure is subject to the conditions decided under section 73 .
If the provisional grant of the tenure is not properly accepted under section 84 , the provisional grant lapses.
If the provisional grant of the tenure lapses under section 86 , the Minister may provisionally grant the tenure to another of the applicants for the tenure. When provisionally granting a tenure under subsection (1) , the Minister must follow the procedure and apply the criteria specified in the tender sub-block tenure notice published for the tenure under section 74 . (sec.87-ssec.1) If the provisional grant of the tenure lapses under section 86 , the Minister may provisionally grant the tenure to another of the applicants for the tenure. (sec.87-ssec.2) When provisionally granting a tenure under subsection (1) , the Minister must follow the procedure and apply the criteria specified in the tender sub-block tenure notice published for the tenure under section 74 .
An exploration permit comes into force on— the day on which the grant of the tenure is registered; or if a day later than the day on which the grant of the tenure is registered is specified in the tenure as its commencement day—that specified day. The initial term of an exploration permit ends— 4 years after the day on which the tenure is provisionally granted; or if a day later than the day on which the tenure is provisionally granted is specified in the tenure as its commencement day—4 years after that specified day. The tenure may be surrendered at any time (see section 127 ). (sec.88-ssec.1) An exploration permit comes into force on— the day on which the grant of the tenure is registered; or if a day later than the day on which the grant of the tenure is registered is specified in the tenure as its commencement day—that specified day. (sec.88-ssec.2) The initial term of an exploration permit ends— 4 years after the day on which the tenure is provisionally granted; or if a day later than the day on which the tenure is provisionally granted is specified in the tenure as its commencement day—4 years after that specified day. The tenure may be surrendered at any time (see section 127 ).
A renewal of an exploration permit comes into force on the later of the following days— the day on which the renewal is registered; the day on which the previous term of the tenure expires. See division 6 for renewal. The term of a renewal of a tenure ends 2 years after the day on which the previous term of the tenure expires. The tenure may be surrendered at any time (see section 127 ). In working out the previous term of the tenure, section 90 must be disregarded. An exploration permit can not be renewed more than 3 times. (sec.89-ssec.1) A renewal of an exploration permit comes into force on the later of the following days— the day on which the renewal is registered; the day on which the previous term of the tenure expires. See division 6 for renewal. (sec.89-ssec.2) The term of a renewal of a tenure ends 2 years after the day on which the previous term of the tenure expires. The tenure may be surrendered at any time (see section 127 ). (sec.89-ssec.3) In working out the previous term of the tenure, section 90 must be disregarded. (sec.89-ssec.4) An exploration permit can not be renewed more than 3 times.
If the Minister suspends rights conferred by an exploration permit for a specified period under section 48 , the Minister may extend the term of the tenure. An extension of a tenure term under subsection (1) — must not be for a period that is longer than the period for which the tenure rights were suspended; and must be in writing. If the Minister extends the term of a tenure under subsection (1) , the Minister must give the tenure holder a notice that informs the holder— that the tenure has been extended; and of the period of the extension. (sec.90-ssec.1) If the Minister suspends rights conferred by an exploration permit for a specified period under section 48 , the Minister may extend the term of the tenure. (sec.90-ssec.2) An extension of a tenure term under subsection (1) — must not be for a period that is longer than the period for which the tenure rights were suspended; and must be in writing. (sec.90-ssec.3) If the Minister extends the term of a tenure under subsection (1) , the Minister must give the tenure holder a notice that informs the holder— that the tenure has been extended; and of the period of the extension.
If— an exploration permit holder applies to renew the tenure under section 101 ; and the current term of the tenure expires; and a renewal of the tenure does not take effect immediately after the current term expires; the tenure remains in force after the current term expires until— a renewal of the tenure takes effect; or a provisional renewal of the tenure lapses; or the application for renewal is withdrawn or refused.
If— an exploration permit holder applies for— a mineral development licence; or a mining lease; over the tenure area, or part of the tenure area, of the exploration permit; and the current term of the exploration permit expires; and a grant of the mineral development licence or mining lease does not take effect before the current term of the exploration permit expires; the exploration permit remains in force until— the grant of the mineral development licence or mining lease takes effect; or a provisional grant of the mineral development licence or mining lease lapses; or the application for the mineral development licence or mining lease is withdrawn or refused.
If— an exploration permit holder applies for an extension of the term of the tenure under section 94 or 96 ; and the holder has also applied to renew the tenure under section 101 ; and the extension application is not decided before the tenure is due to expire; then— the renewal application lapses; and the tenure remains in force until— if the Minister extends the term of the tenure under section 95 or 97 for a specified period—30 days after the day on which that period ends; or if the Minister refuses to extend the term of the tenure under section 95 or 97 —30 days after the day on which the holder is given notice of the refusal under section 98 . (sec.93-ssec.1) If— an exploration permit holder applies for an extension of the term of the tenure under section 94 or 96 ; and the holder has also applied to renew the tenure under section 101 ; and the extension application is not decided before the tenure is due to expire; then— the renewal application lapses; and the tenure remains in force until— if the Minister extends the term of the tenure under section 95 or 97 for a specified period—30 days after the day on which that period ends; or if the Minister refuses to extend the term of the tenure under section 95 or 97 —30 days after the day on which the holder is given notice of the refusal under section 98 .
If— an exploration permit authorises the tenure holder to carry out an activity; and circumstances beyond the control of the holder prevent the holder from carrying out the activity; the holder may apply to the Minister for an extension of the term of the tenure. The application must be made— within 30 days after the day on which the holder first became aware of the circumstances; and before the tenure expires. (sec.94-ssec.1) If— an exploration permit authorises the tenure holder to carry out an activity; and circumstances beyond the control of the holder prevent the holder from carrying out the activity; the holder may apply to the Minister for an extension of the term of the tenure. (sec.94-ssec.2) The application must be made— within 30 days after the day on which the holder first became aware of the circumstances; and before the tenure expires.
Subject to subsection (2) , if an exploration permit holder applies for an extension under section 94 , the Minister must— grant an extension of the term of the tenure if the Minister is satisfied that— the holder is or has been unable to carry out the activities authorised by the tenure; and the holder is or has been unable to do so because of circumstances beyond the holder’s control; and no excluded time is included in the period of inability for which an extension is sought; or refuse the application for extension if the Minister is not satisfied of the matters referred to in paragraph (a) . The period for which the extension is granted must not be longer than the disruption period for the tenure less any excluded time for the tenure. The extension may be granted subject to whatever conditions the Minister considers appropriate. In this section— disruption period for a tenure means the period during which the tenure holder is unable to carry out activities authorised by the tenure because of circumstances beyond the holder’s control. excluded time for a tenure means any period during which the tenure was in force because of section 90 , 91 , 92 or 93 . Under section 90 , if the Minister has under section 48 suspended rights under a tenure for a period, the Minister may extend the term of the tenure for an equivalent period. Under section 91 , the term of a tenure is automatically extended if there is an application for the renewal of a tenure undecided when the tenure is due to expire. Under section 92 , the term of a tenure is automatically extended if the holder applies for a mineral development licence or mining lease over the tenure area. Under section 93 , the term of a tenure is automatically extended if there is an application for an extension of the tenure undecided when the tenure is due to expire. (sec.95-ssec.1) Subject to subsection (2) , if an exploration permit holder applies for an extension under section 94 , the Minister must— grant an extension of the term of the tenure if the Minister is satisfied that— the holder is or has been unable to carry out the activities authorised by the tenure; and the holder is or has been unable to do so because of circumstances beyond the holder’s control; and no excluded time is included in the period of inability for which an extension is sought; or refuse the application for extension if the Minister is not satisfied of the matters referred to in paragraph (a) . (sec.95-ssec.2) The period for which the extension is granted must not be longer than the disruption period for the tenure less any excluded time for the tenure. (sec.95-ssec.3) The extension may be granted subject to whatever conditions the Minister considers appropriate. (sec.95-ssec.4) In this section— disruption period for a tenure means the period during which the tenure holder is unable to carry out activities authorised by the tenure because of circumstances beyond the holder’s control. excluded time for a tenure means any period during which the tenure was in force because of section 90 , 91 , 92 or 93 . Under section 90 , if the Minister has under section 48 suspended rights under a tenure for a period, the Minister may extend the term of the tenure for an equivalent period. Under section 91 , the term of a tenure is automatically extended if there is an application for the renewal of a tenure undecided when the tenure is due to expire. Under section 92 , the term of a tenure is automatically extended if the holder applies for a mineral development licence or mining lease over the tenure area. Under section 93 , the term of a tenure is automatically extended if there is an application for an extension of the tenure undecided when the tenure is due to expire.
An exploration permit holder may apply to the Minister for an extension of the term of the tenure if, under section 121 , the Minister— suspends a tenure condition; or exempts the holder from complying with a tenure condition. The application must be made not later than 30 days before the tenure expires. (sec.96-ssec.1) An exploration permit holder may apply to the Minister for an extension of the term of the tenure if, under section 121 , the Minister— suspends a tenure condition; or exempts the holder from complying with a tenure condition. (sec.96-ssec.2) The application must be made not later than 30 days before the tenure expires.
Subject to subsection (2) , if an exploration permit holder applies for an extension under section 96 , the Minister may— grant an extension of the term of the tenure; or refuse to grant an extension of the term of the tenure. The extension must not be for a period that is longer than the period of the suspension or exemption. The extension may be granted subject to whatever conditions the Minister considers appropriate. (sec.97-ssec.1) Subject to subsection (2) , if an exploration permit holder applies for an extension under section 96 , the Minister may— grant an extension of the term of the tenure; or refuse to grant an extension of the term of the tenure. (sec.97-ssec.2) The extension must not be for a period that is longer than the period of the suspension or exemption. (sec.97-ssec.3) The extension may be granted subject to whatever conditions the Minister considers appropriate.
If the Minister grants an extension of the term of the exploration permit under section 95 or 97 , the Minister must give the tenure holder a notice that informs the holder of— the grant of extension; and the period of the extension; and if the extension is subject to conditions—the conditions. If the Minister refuses an application for a tenure extension, the Minister must give the tenure holder a notice that informs the holder of— the refusal; and the reasons for the refusal. (sec.98-ssec.1) If the Minister grants an extension of the term of the exploration permit under section 95 or 97 , the Minister must give the tenure holder a notice that informs the holder of— the grant of extension; and the period of the extension; and if the extension is subject to conditions—the conditions. (sec.98-ssec.2) If the Minister refuses an application for a tenure extension, the Minister must give the tenure holder a notice that informs the holder of— the refusal; and the reasons for the refusal.
An exploration permit holder may surrender a sub-block or some of the sub-blocks covered by the tenure if the remaining sub-blocks in the tenure area form a discrete area. See section 127 (Voluntary surrender of exploration permit) for the surrender of the whole tenure. A surrender under subsection (1) must— be made in writing; and identify the sub-blocks surrendered; and be given to the Minister. The surrender takes effect when it is registered under section 337 (see section 337 (5) ). (sec.99-ssec.1) An exploration permit holder may surrender a sub-block or some of the sub-blocks covered by the tenure if the remaining sub-blocks in the tenure area form a discrete area. See section 127 (Voluntary surrender of exploration permit) for the surrender of the whole tenure. (sec.99-ssec.2) A surrender under subsection (1) must— be made in writing; and identify the sub-blocks surrendered; and be given to the Minister. The surrender takes effect when it is registered under section 337 (see section 337 (5) ).
If— an exploration permit holder wants to surrender some of the sub-blocks covered by the tenure; and the sub-blocks remaining in the tenure area after the proposed surrender would form not more than 3 discrete areas; the holder may apply to the Minister for approval of the proposed surrender. The application— must be in writing; and must include a surrender proposal that identifies the sub-blocks in the tenure area that the holder proposes to surrender; and may include any other information that the holder considers relevant. If the Minister agrees with the surrender proposal, the Minister may approve the surrender of the sub-blocks specified in the proposal by giving the holder notice of the approval. The surrender takes effect when it is registered under section 337 (see section 337 (5) ). If the Minister does not agree with the surrender proposal, the Minister may ask the holder to discuss the proposal. If the Minister and the holder agree, after discussions, on the sub-blocks to be surrendered, the Minister may approve the surrender of the sub-blocks agreed on by giving the holder written confirmation of the agreement. The surrender takes effect when it is registered under section 337 (see section 337 (5) ). If, after discussions, the Minister and the holder do not agree on the surrender proposal, no sub-blocks are surrendered. (sec.100-ssec.1) If— an exploration permit holder wants to surrender some of the sub-blocks covered by the tenure; and the sub-blocks remaining in the tenure area after the proposed surrender would form not more than 3 discrete areas; the holder may apply to the Minister for approval of the proposed surrender. (sec.100-ssec.2) The application— must be in writing; and must include a surrender proposal that identifies the sub-blocks in the tenure area that the holder proposes to surrender; and may include any other information that the holder considers relevant. (sec.100-ssec.3) If the Minister agrees with the surrender proposal, the Minister may approve the surrender of the sub-blocks specified in the proposal by giving the holder notice of the approval. The surrender takes effect when it is registered under section 337 (see section 337 (5) ). (sec.100-ssec.4) If the Minister does not agree with the surrender proposal, the Minister may ask the holder to discuss the proposal. (sec.100-ssec.5) If the Minister and the holder agree, after discussions, on the sub-blocks to be surrendered, the Minister may approve the surrender of the sub-blocks agreed on by giving the holder written confirmation of the agreement. The surrender takes effect when it is registered under section 337 (see section 337 (5) ). (sec.100-ssec.6) If, after discussions, the Minister and the holder do not agree on the surrender proposal, no sub-blocks are surrendered.
An exploration permit holder may apply to the Minister to renew the tenure. Part of the tenure area must be surrendered on each renewal (see section 104 ). At each renewal, the tenure conditions are reviewed (see section 118 ).
Subject to subsections (2) and (3) , the application must be made at least 30 days before the day on which the tenure is to expire. If an application for extension of a tenure is made, the expiry of the tenure is postponed (see section 93 ). For expiry of a tenure see section 126 . The Minister may accept an application that is made later than 30 days before the day on which the tenure is to expire if— the application is made before the day on which the tenure expires; and the Minister believes that there are reasonable grounds for accepting the application. If a tenure remains in force because of section 93 (e) (ii) , the application may be made at any time before the tenure ceases to be in force. (sec.102-ssec.1) Subject to subsections (2) and (3) , the application must be made at least 30 days before the day on which the tenure is to expire. If an application for extension of a tenure is made, the expiry of the tenure is postponed (see section 93 ). For expiry of a tenure see section 126 . (sec.102-ssec.2) The Minister may accept an application that is made later than 30 days before the day on which the tenure is to expire if— the application is made before the day on which the tenure expires; and the Minister believes that there are reasonable grounds for accepting the application. (sec.102-ssec.3) If a tenure remains in force because of section 93 (e) (ii) , the application may be made at any time before the tenure ceases to be in force.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This Act may be cited as the Offshore Minerals Act 1998 .
This Act comes into operation on a day to be fixed by proclamation.
The Commonwealth and the States have agreed that— Commonwealth offshore mining legislation should be limited to the area that is outside State coastal waters; and the States should share, in the way provided by the Offshore Minerals Act 1994 (Cwlth) , in the administration of the Commonwealth offshore mining legislation; and State offshore mining legislation should apply to State coastal waters beyond the baseline for the territorial sea (that is, the first 3 nautical miles of the territorial sea); and the Commonwealth and the States should try to maintain, as far as practicable, common principles, rules and practices in regulating and controlling offshore mining beyond the baseline of Australia’s territorial sea. So far as the agreement is about petroleum, it is reflected in this State’s legislation by the Petroleum (Submerged Lands) Act 1982 . The decimal part numbering system closely corresponds to the same decimal part numbering system in the Commonwealth Act. Also, sections 1 to 423 of this Act closely correspond to the same sections of the Commonwealth Act. Some sections of the Commonwealth Act contain provisions that are not relevant to the operation of this Act. To maximise uniformity between this Act and the Commonwealth Act, the numbers of some sections that are not relevant have not been used in the numbering of this Act, unless required for provisions particular to the State. Other Acts that provide background in this State to the agreement (commonly referred to as the Offshore Constitutional Settlement ) are— the Seas and Submerged Lands Act 1973 (Cwlth) , the Coastal Waters (State Powers) Act 1980 (Cwlth) , the Coastal Waters (State Title) Act 1980 (Cwlth) and the Petroleum (Submerged Lands) Act 1967 (Cwlth) ; and the Petroleum (Submerged Lands) Act 1982 . The Seas and Submerged Lands Act 1973 (Cwlth) — declares and enacts that the sovereignty in respect of the territorial sea and the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth; gives the Governor-General power to declare, by proclamation, the limits of the territorial sea; declares and enacts that the sovereignty in respect of waters of the sea that are on the landward side of the baseline of the territorial sea (but not within the limits of a State) and in relation to the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth; declares and enacts that the sovereign rights of Australia as a coastal State in relation to the continental shelf of Australia (for the purpose of exploring it and exploiting its natural resources) are vested in and exercisable by the Crown in right of the Commonwealth; gives the Governor-General power to declare, by proclamation, the limits of the continental shelf of Australia. The Coastal Waters (State Powers) Act 1980 (Cwlth) was enacted following a request from the Parliaments of all the States under section 51 (xxxviii) of the Constitution of the Commonwealth and provides that the legislative powers exercisable under the Constitution of each State extend to the making of certain laws that would operate offshore. The Coastal Waters (State Title) Act 1980 (Cwlth) vests in each State certain property rights in the seabed beneath the coastal waters. The Petroleum (Submerged Lands) Act 1967 (Cwlth) and the Petroleum (Submerged Lands) Act 1982 of this State make provision, based on the agreement referred to in subsection (1) , for the licensing regime that applies to the exploration for and recovery of petroleum in coastal waters and offshore areas of this State. (sec.3-ssec.1) The Commonwealth and the States have agreed that— Commonwealth offshore mining legislation should be limited to the area that is outside State coastal waters; and the States should share, in the way provided by the Offshore Minerals Act 1994 (Cwlth) , in the administration of the Commonwealth offshore mining legislation; and State offshore mining legislation should apply to State coastal waters beyond the baseline for the territorial sea (that is, the first 3 nautical miles of the territorial sea); and the Commonwealth and the States should try to maintain, as far as practicable, common principles, rules and practices in regulating and controlling offshore mining beyond the baseline of Australia’s territorial sea. So far as the agreement is about petroleum, it is reflected in this State’s legislation by the Petroleum (Submerged Lands) Act 1982 . The decimal part numbering system closely corresponds to the same decimal part numbering system in the Commonwealth Act. Also, sections 1 to 423 of this Act closely correspond to the same sections of the Commonwealth Act. Some sections of the Commonwealth Act contain provisions that are not relevant to the operation of this Act. To maximise uniformity between this Act and the Commonwealth Act, the numbers of some sections that are not relevant have not been used in the numbering of this Act, unless required for provisions particular to the State. (sec.3-ssec.2) Other Acts that provide background in this State to the agreement (commonly referred to as the Offshore Constitutional Settlement ) are— the Seas and Submerged Lands Act 1973 (Cwlth) , the Coastal Waters (State Powers) Act 1980 (Cwlth) , the Coastal Waters (State Title) Act 1980 (Cwlth) and the Petroleum (Submerged Lands) Act 1967 (Cwlth) ; and the Petroleum (Submerged Lands) Act 1982 . The Seas and Submerged Lands Act 1973 (Cwlth) — declares and enacts that the sovereignty in respect of the territorial sea and the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth; gives the Governor-General power to declare, by proclamation, the limits of the territorial sea; declares and enacts that the sovereignty in respect of waters of the sea that are on the landward side of the baseline of the territorial sea (but not within the limits of a State) and in relation to the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth; declares and enacts that the sovereign rights of Australia as a coastal State in relation to the continental shelf of Australia (for the purpose of exploring it and exploiting its natural resources) are vested in and exercisable by the Crown in right of the Commonwealth; gives the Governor-General power to declare, by proclamation, the limits of the continental shelf of Australia. The Coastal Waters (State Powers) Act 1980 (Cwlth) was enacted following a request from the Parliaments of all the States under section 51 (xxxviii) of the Constitution of the Commonwealth and provides that the legislative powers exercisable under the Constitution of each State extend to the making of certain laws that would operate offshore. The Coastal Waters (State Title) Act 1980 (Cwlth) vests in each State certain property rights in the seabed beneath the coastal waters. The Petroleum (Submerged Lands) Act 1967 (Cwlth) and the Petroleum (Submerged Lands) Act 1982 of this State make provision, based on the agreement referred to in subsection (1) , for the licensing regime that applies to the exploration for and recovery of petroleum in coastal waters and offshore areas of this State.
Transfers and other dealings in tenures must be in writing and are ineffective until registered (secs 360–361, 338–339). The register records grants, renewals, transfers, caveats and related documents (secs 328–337).
The Act gives the Minister inspection and information powers (to request information, documents, samples; to require personal attendance and questioning; and to carry out compliance inspections with or without warrants) and creates related offences for non‑cooperation and for giving false information (secs 367–374, 377–384, 372–373).
Financial regime: annual tenure fees are payable (secs 425–427, 426 limits); mining lease holders pay royalties on recovered minerals (secs 429–434) and the State must pass 40% of royalties to the Commonwealth (sec 435). Unpaid fees/royalties attract penalties and are recoverable as debts (secs 436–437).
Property, environmental and safety provisions: native title is not extinguished by grant but is subject to tenure rights (sec 43); tenure holders must follow industry standard work practices, maintain equipment and remove unused structures (secs 123, 183, 259); the Act allows regulations for removal of abandoned property and rehabilitation and enables safety zones around offshore structures (secs 401–402, 403–404).
Who it affects
Why it matters (stated rationales and trade‑offs)
Stated rationale: create a uniform, administrable framework for non‑petroleum offshore minerals in State coastal waters consistent with the Commonwealth–State Offshore Constitutional Settlement (see sec 3). That motivates the Act’s mirroring of Commonwealth structures and detailed procedural rules.
Costs and incentives:
Opportunity costs and implementation: obtaining a tenure is time‑consuming (advertising, consultation, potential rival applications and ministerial discretion—secs 54–61, 57–60, 58, 203). Cross‑jurisdictional overlay with Commonwealth petroleum and maritime law (sec 3 references to Cwlth Acts) adds administrative and legal complexity for projects near jurisdictional boundaries.
Enforcement and risk allocation: the Act allows the State to require securities and use them to pay for non‑compliance or rehabilitation (secs 399–400, 402). That places financial risk primarily on tenure holders but ultimately on the State where securities prove inadequate.
What the Act leaves open / practical points to watch (implementation friction)
Key reference sections: tenure types and activities (secs 39, 46, 133, 193, 268, 316); grant lifecycle and registration (secs 40, 70, 114, 151, 214, 283, 333–334); ministerial powers (secs 48, 118, 130, 387, 399); inspections and information (secs 367–374, 377–384); fees, securities and royalty (secs 399–400, 425–436); transfers, caveats and register (secs 328–345, 338–341); environmental restoration and removal (secs 401–402).
The following are declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth) — a special purpose consent; a tenure. s 3A ins 2010 No. 44 s 127
A note, diagram or map in this Act is provided to help understanding and does not form part of the Act .
The dictionary in schedule 5 defines particular words used in this Act.
A person has a share in a tenure if the person is the holder, or 1 of the holders, of the tenure. If a holder is entitled to a particular percentage of the value of the rights conferred by a tenure, that percentage is the holder’s share in the tenure. A sole holder has a 100% share in the tenure. If— a person is a registered holder of a tenure; and the person is shown in the offshore mining register as being entitled to a specified percentage of the value of the rights conferred by the tenure; the person’s share in the tenure is taken to be the percentage specified in the register. (sec.6-ssec.1) A person has a share in a tenure if the person is the holder, or 1 of the holders, of the tenure. (sec.6-ssec.2) If a holder is entitled to a particular percentage of the value of the rights conferred by a tenure, that percentage is the holder’s share in the tenure. A sole holder has a 100% share in the tenure. (sec.6-ssec.3) If— a person is a registered holder of a tenure; and the person is shown in the offshore mining register as being entitled to a specified percentage of the value of the rights conferred by the tenure; the person’s share in the tenure is taken to be the percentage specified in the register.
A tenure is transferred if— the tenure has only 1 holder and the holder transfers the whole of the licensee’s interest in the tenure to another person or other persons; or the tenure has 2 or more holders and the holders all transfer the whole of their interests in the tenure to another person or other persons. A share in a tenure is transferred if— the tenure has only 1 holder and the holder transfers a part of the holder’s share in the tenure to another person or other persons; or the tenure has 2 or more holders and— some, but not all, of the holders transfer the whole of their shares in the tenure to another person; or some or all of the holders transfer a part of their shares in the tenure to another person. The other person referred to in subsection (2) (b) may be an existing tenure holder. (sec.7-ssec.1) A tenure is transferred if— the tenure has only 1 holder and the holder transfers the whole of the licensee’s interest in the tenure to another person or other persons; or the tenure has 2 or more holders and the holders all transfer the whole of their interests in the tenure to another person or other persons. (sec.7-ssec.2) A share in a tenure is transferred if— the tenure has only 1 holder and the holder transfers a part of the holder’s share in the tenure to another person or other persons; or the tenure has 2 or more holders and— some, but not all, of the holders transfer the whole of their shares in the tenure to another person; or some or all of the holders transfer a part of their shares in the tenure to another person. (sec.7-ssec.3) The other person referred to in subsection (2) (b) may be an existing tenure holder.
If— a mining lease takes effect immediately after an exploration permit expires; and the holder of the mining lease immediately after it takes effect was the holder of the exploration permit immediately before it expired; the mining lease is a successor tenure to the exploration permit. If— a mineral development licence takes effect immediately after an exploration permit expires; and the holder of the mineral development licence immediately after it takes effect was the holder of the exploration permit immediately before it expired; the mineral development licence is a successor tenure to the exploration permit. If— a mining lease takes effect immediately after a mineral development licence expires; and the mineral development licence took effect immediately after an exploration permit expired; and the holder of the mining lease immediately after it takes effect was the holder of the mineral development licence immediately before it expired; and the holder of the mineral development licence immediately after it took effect was the holder of the exploration permit immediately before it expired; the minin
This is an opening excerpt, not the complete document.