MINERAL TITLES ACT 2010 (NO 27 OF 2010)
MINERAL TITLES ACT 2010 (NO 27 OF 2010)
TABLE OF PROVISIONS
Long Title
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
198. Existing applications generally
199. Grant or renewal – corresponding application
200. Grant or renewal – no corresponding application
201. Other existing applications
Division 4--Existing interests and corresponding mineral titles
202. Conversion of existing interest to corresponding mineral title
203. Inconsistency of corresponding mineral title with Act
204. Non-compliant existing interests
205. Other matters to be dealt with by regulation
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
SCHEDULE
