MINERAL TITLES ACT 2010 (NO 27 OF 2010)
Table of Provisions
PART 1--INTRODUCTION
Division 1-- Preliminary matters
- 1 Short title
- 2 Commencement
- 3 Objects of Act
- 4 Application of Act may be affected by other legislation
- 5 Land to which Act applies
- 6 Act binds Crown
- 7 Application of Criminal Code
Division 2--Interpretation
- 8 Definitions
- 9 Mineral
- 10 Extractive mineral
- 11 Mineral title
- 12 Mining
- 13 Technical work program
- 14 Landowner
- 15 Park or reserve
- 16 Block
PART 2--PRELIMINARY EXPLORATION OF LAND
- 17 Authorised preliminary exploration
- 18 Declared fossicking area – restriction on marking boundaries
- 19 Vacant Crown land – notice
- 20 Pastoral land and native title land – notice
- 21 When consent required
- 22 Requirements for title area or proposed title area
- 23 Multiple requirements for preliminary exploration
- 24 General obligations for preliminary exploration
- 25 Regulations relating to preliminary exploration
PART 3--MINERALS -- EXPLORATION, EVALUATION, MINING AND PROCESSING
Division 1--Mineral title for exploration for minerals
- 26 Mineral exploration licence
- 27 Application for and grant of EL
- 28 Title area of EL on grant
- 29 Reduction of title area of EL
- 30 Renewal of EL
- 31 Authorised activities under EL
- 32 Conditions of EL
Division 2--Mineral title for evaluation of minerals
- 33 Application for designation of EL as ELR
- 34 Designation and issuing of ELR
- 35 Effect on EL
- 36 Renewal of ELR
- 37 Authorised activities under ELR
- 38 Conditions of ELR
- 39 Requirement if mining and processing appear viable
Division 3--Mineral title for mining and processing minerals
- 40 Mineral lease
- 41 Application for and grant of ML
- 42 Requirement to construct new road
- 43 Renewal of ML
- 44 Authorised activities under ML
- 45 Conditions of ML
PART 4--EXTRACTIVE MINERALS -- EXPLORATION, SURFACE EXTRACTION AND MINING
Division 1--Mineral title for exploration for extractive minerals
- 46 Extractive mineral exploration licence
- 47 Application for and grant of EMEL
- 48 Authorised activities under EMEL
- 49 Condition of EMEL
Division 2--Mineral title for surface extraction of extractive minerals
- 50 Extractive mineral permit
- 51 Application for and grant of EMP
- 52 Renewal of EMP
- 53 Authorised activities under EMP
Division 3--Mineral title for mining extractive minerals
- 54 Extractive mineral lease
- 55 Application for and grant of EML
- 56 Renewal of EML
- 57 Authorised activities under EML
PART 5--MINERAL TITLES -- GENERAL PROVISIONS
Division 1--Mineral title applications
- 58 Necessary criteria for mineral title application
- 59 Age restriction on individuals who may make application
- 60 Grant application – declared fossicking area
- 61 Grant application – Aboriginal community living area
- 62 Grant application – EL for Aboriginal land
- 63 Grant application – ML for Aboriginal land
- 64 Grant application – EMP or EML for Aboriginal land
- 65 Applications relating to same land or existing title area or existing proposed title area
- 66 Grant application – required information and notice
- 67 Renewal application – prescribed rent required
- 68 Renewal application – effect on mineral title
- 69 Variation or replacement of application
Division 2--Decision process for mineral title applications
- 70 Initial consideration of mineral title application
- 71 Public notice of application for grant of mineral title
- 72 Objections and submissions about grant of mineral title
- 73 Grant or issue of title for land in declared park or reserve
- 74 Grant relating to Aboriginal land or native title land
- 75 Grant to tenants in common
- 76 Survey of particular title areas
- 77 Discretions relating to title area
- 78 Deciding application for grant of mineral title
- 79 Deciding other mineral title applications
Division 3--Rights under mineral titles
- 80 Rights relating to occupation of title area
- 81 Right to use water in title area
- 82 Right to use water in title area of EL or EMEL
- 83 Right to construct road for access to title area
- 84 Right to enter and use land outside title area
Division 4--Conditions of mineral titles
- 85 Conditions generally
- 86 Conducting authorised activities
- 87 Compliance with requirements and other laws
- 88 Consent required to disturb improvements or particular roads
- 89 Allowing authorised officer entry to title area
- 90 Water conserved in title area
- 91 Timber in title area
- 92 Animals in title area
- 93 Drill cores, cuttings and other geological samples
- 94 Reports
- 95 Payment of fees and rent
- 96 Payment of royalty
- 97 Transfer of mineral title interest
- 98 Notice of changes
- 99 Removal of equipment
Division 5--Variations, subdivisions, amalgamations, surrenders and cancellations
- 100 Variation of conditions of mineral title
- 101 Division of title area into separate parts
- 102 Amalgamation of title areas
- 103 Application for acceptance of surrender
- 104 Request for surrender of all or part of EL title area
- 105 Cancellation or partial cancellation of mineral title
Division 6--Security and compensation
- 106 Requirement for security
- 107 General entitlement to compensation
- 108 Title holder's entitlement to compensation
- 109 Written agreement relating to compensation
- 110 Claiming compensation
- 111 Application to Tribunal if no agreement about compensation
PART 6--RESERVED LAND, MINERAL AUTHORITIES AND RELATED MATTERS
Division 1--Reserved land
- 112 Special reserved land – no activities
- 113 General reserved land – limited or no activities
- 114 Reservation of land in title area on cessation of title
- 115 Reservation of land for activities by Territory
- 116 Publication of areas of reserved land
- 117 Invitation to apply for mineral title for general reserved land
Division 2--Mineral authorities on reserved land
- 118 Application for and grant of mineral authority for general reserved land
- 119 Other applications relating to MA
- 120 Entitlement to apply for ML, EMP or EML
PART 7--MINERAL TITLES REGISTER AND CAVEATS
Division 1--Register
- 121 Register
- 122 Instruments relating to mineral rights interests
- 123 Registration of transfer of mineral rights interest
- 124 Registration of devolution of mineral rights interest
- 125 Registration of other dealings
- 126 Notice of registration and refusal of application
- 127 Correction of register
- 128 Minister's certificates
- 129 Application of Law of Property Act
- 130 Mineral title etc. not personal property
Division 2--Caveats
- 131 Lodgment, acceptance and registration of caveat
- 132 When caveat ceases to be in force
- 133 Notice of caveat and application for cancellation or removal
- 134 Effect of caveat on registration of particular dealing
PART 8--FOSSICKING
- 135 Authorised fossicking
- 136 Fossicking area declaration
- 137 No restrictions on fossicking on particular land
- 138 When consent required
- 139 Requirements for private land and pastoral land
- 140 Requirements for title area of EL
- 141 Requirements for other title areas and proposed title areas
- 142 Multiple requirements for fossicking
- 143 General obligations relating to fossicking
- 144 Regulations relating to fossicking
PART 9--LEGAL PROCEEDINGS
Division 1--General matters
- 145 Prosecution
- 146 Minerals and extractive minerals extracted unlawfully
Division 2--Offences relating to mineral titles, authorised activities and other matters
- 147 Contravention of condition of mineral title
- 148 Conducting activities without mineral title
- 149 Interference with authorised activities or rights
- 150 Entering into unlawful agreement about compensation
- 151 Misleading information and documents
- 152 Obstruction of official
- 153 Additional penalty for continuing offence
- 154 Additional orders on finding of guilt
Division 3--Criminal liability
- 155 Definition
- 156 Liability of representative
- 157 Conduct of representative
- 158 Offence – other partners and managers taken to have committed offence of partner
- 159 Offence – managers of unincorporated associations taken to have committed offence of other manager
- 160 Criminal liability of executive officer of body corporate
Division 4--Applications to Tribunal
- 161 Making application to Tribunal
- 162 Regulations may provide for other applications to Tribunal
PART 10--ADMINISTRATION AND ENFORCEMENT
Division 1--General administration
- 163 Approved forms
- 164 Applications, notices and other information
- 165 Requirements of Minister
- 166 Minister to give written notice of decisions and requirements
- 167 Minister may extend time
- 168 Constructive consent of landowner
- 169 Guidelines
- 170 Delegation
- 171 Release or publication of information
- 172 Action if condition or requirement contravened
- 173 Action relating to removal of equipment
- 174 Decision not to be challenged solely for irregularity
Division 2--Authorised officers
- 175 Appointment of authorised officer
- 176 Identity card
- 177 Functions of authorised officer
- 178 General powers
- 179 Search and seizure powers
- 180 Reasonable force and assistance
- 181 Falsely representing to be authorised officer
Division 3--Forfeiture of seized thing and notice to claim
- 182 Definitions
- 183 Court may order forfeiture
- 184 Minister may give notice to claim delivery
PART 11--MISCELLANEOUS MATTERS
Division 1--General provisions
- 185 Aboriginal community living area – excluded land
- 186 Prescribed substance – royalty payments
- 187 Prescribed substance – Minister's exercise of powers
- 188 Agreement to be consistent with Act
- 189 Acquisition on just terms
- 190 Protection from liability
Division 2--Regulations
- 191 Regulation-making power
- 192 Transitional regulations
PART 12--REPEALS AND TRANSITIONAL PROVISIONS FOR MINERAL TITLES ACT
Division 1--Preliminary matters
- 193 Interpretation
- 194 Principles for transition
Division 2--Repeals and savings
- 195 Repeals
- 196 Continuation of authorizations for construction
- 197 Continuation of fossicking areas
Division 3--Existing applications
Division 5--Registers
- 206 Continuation of registers under repealed Act
- 207 Information has same effect
- 208 Consideration and registration of instruments
Division 6--Wardens court
- 209 Proceeding before warden's court
- 210 Question reserved
- 211 Appeal
- 212 Application for directions
Division 7--Other matters
- 213 Mining Trust Fund
- 214 Reserved land