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MINERAL TITLES ACT 2010 (NO 27 OF 2010) - SECT 8 Definitions

MINERAL TITLES ACT 2010 (NO 27 OF 2010) - SECT 8

Definitions

In this Act:

"Aboriginal community living area", see section 3 of the Local Government Act .

"Aboriginal land", see section 3(1) of the ALRA.

"access area" means the area of land to which an access authority relates.

"access authority" means an authority granted under section  84 (4).

"acting in an official capacity", in relation to an official, means the official is exercising powers or performing functions under, or otherwise related to the administration of, this Act.

"adjoining blocks" means 2 or more blocks each of which has at least one common side or point with another.

"ALRA" means the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth).

approved determination of native title , see section 253 of the NTA.

"approved form" means a form approved under section 163 .

"area of land", in relation to a title area, includes an area above, on or under the surface of the land comprising the title area.

"Atomic Energy Act" means the Atomic Energy Act 1953 (Cth).

"authorised activities", in relation to a mineral title, see section  11 (3).

"authorised officer" means one of the following:

    (a)     an authorised officer appointed under section  175 ;

    (b)     a mining officer as defined in section 4 of the Mining Management Act .

"block", see section 16 (3).

"business day" means a day that is not a Saturday, Sunday or public holiday.

"caveat" means a caveat lodged under section 131 (1).

"claimant" means a person who has given a notice of claim under section  110 (1).

"commencement day", see section 193 (1).

"conditions", of a mineral title, means the conditions for the title mentioned in section 85 .

"converted mineral title", for Part 12, see section  193 (1).

"corresponding application", for Part 12, see section 193 (1).

"corresponding mineral title", for Part 12, see section 193 (1).

"corresponding title", in relation to a mineral authority, see section  118 (2)(a).

"council road" means a road vested in, or under the care, control and management of, a council under the Local Government Act .

"declared fossicking area" means an area of land declared to be a fossicking area under section  136 (1).

"declared park or reserve", see section 15 (3).

"EL" means a mineral exploration licence.

"ELR" means a mineral exploration licence in retention.

"EMEL" means an extractive mineral exploration licence.

"EML" means an extractive mineral lease.

"EMP" means an extractive mineral permit.

"excluded land", in an Aboriginal community living area, see section  185 (1).

"existing application", for Part 12, see section 193 (1).

"existing interest", for Part 12, see section 193 (1).

"existing proposed title area", see section 65 (3).

"existing title area", see section 65 (4).

"exploration", for minerals or extractive minerals, means all methods of searching for or evaluating deposits of minerals or extractive minerals (excluding by fossicking).

"extractive mineral", see section 10 .

extractive mineral exploration licence , see section 46 (1).

"extractive mineral lease", see section 54 (1).

"extractive mineral permit", see section 50 (1).

"fossick", see section 135 (2).

"fossicker" means a person who fossicks.

GDA 94 means the national datum known as Geocentric Datum of Australia 1994 used for surveying, mapping and spatial referencing of geographical data.

"general reserved land", see section 113 (2).

"guidelines" means the guidelines made under section  169 (1).

"improvements", on land, means any of the following:

    (a)     a building used as a residence, or for a business or an agricultural purpose, and any other building or structure;

    (b)     a road constructed by or for the landowner of the land;

    (c)     a yard, fence, wall and any other barrier (for example, a gate);

    (d)     a pipe, tank, trough, pump and any other thing for storing or raising water or another liquid;

    (e)     a garden, orchard, plantation and any other similar land use.

"information" includes documents.

"infrastructure" includes electricity lines, telecommunication facilities, railways, roads, pipelines and ship loading facilities.

"Land Council", for Aboriginal land, means the Land Council established under the ALRA for the land.

"land of the Territory", see section 5 (2).

"land register" means the land register as defined in section 4 of the Land Title Act .

"landowner", see section 14 .

"MA" means a mineral authority.

"mineral", see section 9 .

"mineral authority", see section 118 (2).

"mineral exploration licence", see section 26 (1).

mineral exploration licence in retention , see section 34 (3).

"mineral lease", see section 40 (1).

"mineral rights interests", see section 121 (2)(e).

"mineral title", see section 11 (1).

"mineral title application" means an application made under:

    (a)     Part 3 or 4; or

    (b)     Part 5, Division 5; or

    (c)     section  118 or 2011_Actm051.html#_Ref246734913">119 .

"mining", see section 12 .

"ML" means a mineral lease.

"native title land" means land for which, under the NTA, there is an approved determination of native title that native title exists in the land.

"necessary criteria", in relation to a mineral title application, means the criteria specified in section 58 (2).

"non-compliant existing interest", for Part 12, see section 193 (1).

"non-compliant title", for Part 12, see section 193 (1).

"NTA" means the Native Title Act 1993 (Cth).

"official" means one of the following:

    (a)     the Minister;

    (b)     a person assisting the Minister to take an action under section  172 (2);

    (c)     an authorised officer;

    (d)     a person assisting an authorised officer in the exercise of a power or performance of a function under this Act as mentioned in section  180 .

"operational year", for a mineral title, means:

    (a)     the period of 12 months immediately after the title comes into force; and

    (b)     each subsequent period of 12 months.

"park or reserve", see section 15 (1).

"pastoral land" means land held under a pastoral lease as defined in section 3 of the Pastoral Land Act .

"preliminary exploration" means preliminary exploration of land for minerals or extractive minerals as mentioned in section  17 .

"prescribed substance", see section 5(1) of the Atomic Energy Act.

"private land" means land in relation to which a person is entitled to:

    (a)     a fee simple interest; or

    (b)     a lease from the Crown under the Crown Lands Act or Special Purposes Leases Act .

"proposed title area", in relation to a mineral title application, means the title area described in the application.

"Ranger Project Area", see section 4 of the Uranium Royalty Act.

"register" means the Mineral Titles Register kept under section  121 (1).

"registration" means the entry in the register of information mentioned in section 121 (2).

"relevant offence", for Part 10, Division 3, see section  182 .

"repealed Act", see section  193 (1).

"representative", for Part 9, Division 3, see section  155 .

"reserved land" means special reserved land, general reserved land or land reserved under section 115 .

"seized thing", for Part 10, Division 3, see section  182 .

"special reserved land", see section  112 (2).

"technical work program", see section 13 .

"term", of a mineral title, means the period for which the title is granted or renewed.

"Territory road" means a road vested in, or under the care, control and management of, the Territory.

"title" means a mineral title.

"title area" means:

    (a)     generally – the area to which a mineral title relates; or

    (b)     in relation to a specified type of mineral title – the area to which that type of mineral title relates.

"title holder" means:

    (a)     generally – a person who is granted or issued with a mineral title; or

    (b)     in relation to a specified type of mineral title – a person who is granted or issued with that type of mineral title.

"tourist fossicking" means a commercial venture that:

    (a)     is conducted by the holder of a mineral lease; and

    (b)     offers fossicking as an activity that may be conducted by individuals in the title area of the mineral lease.

"Tribunal" means the Lands, Planning and Mining Tribunal established by section 4 of the Lands, Planning and Mining Tribunal Act .

"Uranium Royalty Act" means the Uranium Royalty (Northern Territory) Act 2009 (Cth).

"vacant Crown land" means land in relation to which no person is recorded in the land register as a registered owner or registered proprietor.