MINING ACT 1992 - SCHEDULE 2
MINING ACT 1992 - SCHEDULE 2
SCHEDULE 2 – Agricultural land
(Sections 179 and 222 and cl 22, Sch 1)
1 Definitions
(1) In this Schedule--
"agricultural land" means--(a) land that has been sown with not less than 2 crops of an annual species during the period of 10 years immediately preceding the relevant date, or(b) land that has been sown with 1 crop of an annual species during the period of 10 years immediately preceding the relevant date if the relevant authority is satisfied that--(i) having regard to the date on which the land was brought under cultivation, it would not be reasonable to expect more than one such crop to have been sown, and(ii) there was a sufficient reason for not having brought the land under cultivation at an earlier date, or(c) land on which--(i) at the relevant date, trees are growing that provide shade or shelter or a windbreak to other land described in this definition, or(ii) at any time during the period of 10 years immediately preceding the relevant date, edible fruit or nut bearing trees, vines or any other perennial crop approved by the relevant authority have or has been growing, or(d) pastures--(i) that are sown with seed of a species and at a rate of application, or treated with fertiliser of a composition and at a rate of application, satisfactory to the relevant authority, and(ii) that have, as a result of that sowing or treatment, maintained a level of pasture production that is substantially above that which might be expected of natural pastures, or(e) land that is used, to an extent acceptable to the relevant authority, for the production of grass seed, pasture legume seed, hay or silage, or(f) land that has a preponderance of improved species of pasture grasses.
"the relevant authority" means the Secretary or any officer of the Department authorised by the Secretary to exercise functions under this Schedule.
"the relevant date" means the date or dates with reference to which the relevant authority is required under clause 2 to decide whether or not any land is agricultural land.
(2) For the purposes of paragraphs (a) and (b) of the definition of
"agricultural land" in subclause (1), land is not to be treated as having been sown with a crop of an annual species unless, in the opinion of the relevant authority, the crop sown was carried through to a successful use.
2 Decision by the relevant authority as to whether or not land is agricultural land
(1) When the relevant authority is required to decide whether or not any land is agricultural land, the relevant authority must do so--(a) in the case of a reference under section 179, by deciding whether or not the land was agricultural land on the date on which the application for the mineral claim concerned was lodged, and(b) in the case of a reference under section 222, by deciding whether or not the land was agricultural land on the date on which the notice, pursuant to which the objection referred to in that section was made, was served in accordance with section 221, and(c) in the case of a reference under clause 22 of Schedule 1, by deciding whether or not the land was agricultural land on the date on which the invitation for tenders for the mining lease concerned was first published or the application for the mining lease concerned was lodged.
(2) If the Secretary, when referring a question for decision under clause 22 of Schedule 1, certifies a date pursuant to clause 3 of this Schedule, the relevant authority may not decide, pursuant to subclause (1) (c), that the land concerned is agricultural land unless satisfied that it was agricultural land on the date so certified.
(3) The relevant authority may refuse to make a decision that land is agricultural land if the objector has not demonstrated to the relevant authority's satisfaction that the land is agricultural land.
2A Objections
(1) An objection must be--(a) lodged with the Secretary--(i) for an objection under section 179 or 222--within 28 days after the date the notice under section 177 or 221, as the case requires, is served, or(ii) for an objection under Schedule 1, clause 22--on or before the date specified in the relevant notice under Schedule 1, clause 21, and(b) made in a way prescribed by the regulations.
(2) An objector must lodge with the Secretary information to support the objection in the way and within the period specified by the Secretary by written notice given to the objector, being a period of at least 28 days.
(3) The Secretary may require an objector to provide further information to support the objection.
(4) The further information must be provided in the way and within the period specified by the Secretary, being a period of at least 28 days.
(5) If the further information is not provided within the specified period, the Secretary may reject the objection.
(6) An objection may be withdrawn by written notice given to the Secretary.
(7) The withdrawal of an objection is irrevocable.
2B Transfer of land if objection pending
(1) If, before an objection has been determined, the landholder who made the objection transfers the land concerned to a new landholder--(a) the landholder who made the objection must give the Secretary written notice of the transfer, and(b) the objection continues in force as if made by the new landholder, subject to subclauses (2) and (3).
(2) If, before an objection has been determined, the Secretary becomes aware that land to which the objection relates has been transferred to a new landholder, the Secretary may, by written notice given to the new landholder, request the new landholder notify the Secretary, within 28 days, whether the new landholder wishes the objection to proceed.
(3) If, at the expiry of the 28-day period, the new landholder has not notified the Secretary that the new landholder wishes the objection to proceed, the objection is taken to have been withdrawn.
(4) To avoid doubt, a withdrawal of an objection under subclause (3) is irrevocable.
3 Date to be certified by Secretary
(1) This clause applies if--(a) an objection to the grant of a mining lease over land is made under Schedule 1, clause 22, and(b) the tenderer or applicant for the mining lease over the land was, at the time the invitation for tenders was first published or the application was lodged, the holder of an exploration licence or mineral claim over the land.
(2) If this clause applies, the Secretary must issue a certificate that--(a) states that the matters referred to in subclause (1) have occurred, and(b) specifies the date on which the invitation for tenders for the exploration licence was first published or the application for the exploration licence or mineral claim was lodged.
(3) The certificate must be given to the following persons--(a) the relevant authority,(b) the landholder,(c) the mining lease applicant.
4 Relevant authority may decide that part only of land is agricultural land
If the relevant authority is required to decide whether or not any land is agricultural land, nothing in this Act operates so as to prevent the relevant authority from deciding that a part only of the land is agricultural land.
5 Relevant authority may commission expert reports
Before deciding whether or not land is agricultural land, the relevant authority--
(a) may commission an expert to report on the question, and
(b) must allow the landholder and the following persons to make submissions within a reasonable period on the report, including the assumptions of and information contained in the report--(i) for a reference under section 179--the person who caused the notice under section 177 to be served,(ii) for a reference under Schedule 1, clause 22 in relation to a mining lease--the mining lease applicant, and
(c) must consider the submissions, if any.
6 Parties may make submissions
Before deciding whether or not land is agricultural land, the relevant authority must--
(a) provide a copy of the objection and supporting information to the following--(i) for an objection under section 179, the person who caused the notice under section 177 to be served,(ii) for an objection under Schedule 1, clause 22, the mining lease applicant, and
(b) allow the following to make submissions within a reasonable time on the objection and supporting information--(i) for a reference under section 179, the person who caused the notice under section 177 to be served,(ii) for a reference under Schedule 1, clause 22, the mining lease applicant concerned, and
(c) give a copy of the submissions to the landholder, and
(d) allow the landholder to make submissions within a reasonable period commenting on submissions made under paragraph (b), and
(e) consider the submissions, if any.