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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
MINERAL RESOURCES
AMENDMENT BILL 1997
Queensland
MINERAL RESOURCES AMENDMENT
BILL 1997
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 4 (Savings, transitional and validation) . . . . . . . . . . . . . . 4
4 Amendment of s 5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Insertion of new s 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6A Meaning of "mine" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Amendment of s 131 (Restriction on grant of exploration permits
over same sub-block) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Insertion of new s 134A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
134A Priority of applications for grant of exploration permit . . . . . . . . . . . 7
8 Amendment of s 163 (Notice of entry to be given) . . . . . . . . . . . . . . . . . . . 8
9 Amendment of s 164 (Term and renewal of notice) . . . . . . . . . . . . . . . . . . . 8
10 Amendment of s 211 (Notice of entry to be given) . . . . . . . . . . . . . . . . . . . 8
11 Amendment of s 212 (Term and renewal of notice) . . . . . . . . . . . . . . . . . . . 9
12 Insertion of new s 226A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
226A Reduction of land under mineral development licence on
grant of mining lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
13 Amendment of s 230 (Plant remaining on former mineral
development licence may be sold etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
14 Amendment of s 245 (Application for grant of mining lease) . . . . . . . . . . . 10
15 Amendment of s 248 (Consent of certain parties with registered
interests to be obtained) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
16 Amendment of s 252 (Certificate of application etc.) . . . . . . . . . . . . . . . . . 11
17 Amendment of s 254 (Mining registrar may call conference in
some cases) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2
Mineral Resources Amendment
18 Insertion of new s 270A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
270A Minister to approve environmental management overview
strategy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
19 Amendment of s 368 (Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
20 Insertion of new sch, ss 1316 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
13 Consents and agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
14 Grant of mining lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
15 Application for mining lease over restricted land . . . . . . . . . . . . . . . 13
16 Grant of mining lease over restricted land . . . . . . . . . . . . . . . . . . . . . 14
1997
A BILL
FOR
An Act to amend the Mineral Resources Act 1989
s1 4 s4
Mineral Resources Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Mineral Resources Amendment Act 1997. 3
amended 4
Act
Clause 2. This Act amends the Mineral Resources Act 1989. 5
of s 4 (Savings, transitional and validation) 6
Amendment
Clause 3. Section 4, `schedule 2'-- 7
omit, insert-- 8
`the schedule'. 9
of s 5 (Interpretation) 10
Amendment
Clause 4.(1) Section 5, heading-- 11
omit, insert-- 12
`Definitions'. 13
(2) Section 5, definition "mine"-- 14
omit. 15
(3) Section 5-- 16
insert-- 17
` "mine" see section 6A. 18
"rail corridor land" means existing rail corridor land or new rail corridor 19
land under the Transport Infrastructure Act 1994.'. 20
(4) Section 5, definition "holder", after `and'-- 21
insert-- 22
`, for part 3, division 1,'. 23
s4 5 s4
Mineral Resources Amendment
(5) Section 5, definition "owner"-- 1
omit, insert-- 2
`(a) for a reserve (other than land that is a reserve merely because it is 3
in the Wet Tropics Area and land that is rail corridor land)-- 4
(i) if the reserve is a road--the entity having control of the 5
road;1 or 6
(ii) if the reserve is a resources reserve under the Nature 7
Conservation Act 1992 for which there are trustees--the 8
trustees for the reserve; or 9
(iii) if the reserve is DOGIT land under the Aboriginal Land Act 10
1991 or the Torres Strait Islander Land Act 1991--the 11
trustees for the land; or 12
(iv) if the reserve is land held under a lease under the Local 13
Government (Aboriginal Lands) Act 1978, section 6--the 14
relevant local government; or 15
(v) if Aboriginal land under the Aboriginal Land Act 1991 is 16
taken to be a reserve because of section 87(2) or 87(4)(b) of 17
that Act--the grantees of the land; or 18
(vi) if Torres Strait Islander land under the Torres Strait Islander 19
Land Act 1991 is taken to be a reserve because of section 20
84(2) or 84(4)(b) of that Act--the grantees of the land; or 21
(vii) if subparagraphs (i) to (vi) do not apply--the Minister 22
responsible for administering the Act under which it is a 23
reserve; or'. 24
(6) Section 5, definition "owner"-- 25
insert-- 26
`(j) for rail corridor land--the Minister administering chapter 6 of the 27
Transport Infrastructure Act 1994.'. 28
1 Under the Local Government Act 1993, a local government has control of all
roads in its area. A state-controlled road under the Transport Infrastructure Act
1994 is excluded from the definition of road in the Local Government Act 1993.
s5 6 s5
Mineral Resources Amendment
(7) Section 5, definition "reserve", paragraph (a)(iii) to (v)-- 1
renumber as paragraph (a)(vii) to (ix). 2
(8) Section 5, definition "reserve", paragraph (a)-- 3
insert-- 4
`(iii) a resources reserve under the Nature Conservation Act 5
1992; or 6
(iv) Aboriginal land under the Aboriginal Land Act 1991 taken to 7
be a reserve because of section 87(2) or 87(4)(b) of that Act; 8
or 9
(v) Torres Strait Islander land under the Torres Strait Islander 10
Land Act 1991 taken to be a reserve because of section 84(2) 11
or 84(4)(b) of that Act; or 12
(vi) rail corridor land; or'. 13
of new s 6A 14
Insertion
Clause 5. After section 6-- 15
insert-- 16
of "mine" 17
`Meaning
`6A.(1) "Mine" means to carry on an operation with a view to, or for the 18
purpose of-- 19
(a) winning mineral from a place where it occurs; or 20
(b) extracting mineral from its natural state; or 21
(c) disposing of mineral in connection with, or waste substances 22
resulting from, the winning or extraction. 23
`(2) For subsection (1), extracting includes the physical, chemical, 24
electrical, magnetic or other way of separation of a mineral. 25
`(3) Extracting includes, for example, crushing, grinding, concentrating, 26
screening, washing, jigging, tabling, electro winning, solvent extraction 27
electro winning (SXEW), heap leaching, flotation, fluidised bedding, 28
carbon-in-leach (CIL) and carbon-in-pulp (CIP) processing. 29
`(4) However, extracting does not include-- 30
s6 7 s7
Mineral Resources Amendment
(a) a process in a smelter, refinery or anywhere else by which 1
mineral is changed to another substance; or 2
(b) testing or assaying small quantities of mineral in teaching 3
institutions or laboratories, other than laboratories situated on a 4
mining lease; or 5
(c) an activity, prescribed under a regulation, that is not directly 6
associated with winning mineral from a place where it occurs. 7
`(5) For subsection (1), disposing includes, for example, the disposal of 8
tailings and waste rock. 9
`(6) A regulation under subsection (4)(c) may prescribe an activity by 10
reference to the quantities of minerals extracted or to any other specified 11
circumstances.'. 12
of s 131 (Restriction on grant of exploration permits over 13
Amendment
same sub-block) 14
Clause 6. Section 131(3) and (4)-- 15
omit. 16
of new s 134A 17
Insertion
Clause 7. After section 134-- 18
insert-- 19
of applications for grant of exploration permit 20
`Priority
`134A.(1) Applications for the grant of exploration permits in respect of 21
the same mineral, duly made in respect of or including the same land take 22
priority, for the purpose of considering and deciding the applications, 23
according to the day on which they are lodged under section 133(f). 24
`(2) If applications are lodged on the same day, they take the priority the 25
Minister decides, after considering the relative merits of each application. 26
`(3) If an application is lodged by mail, courier service or similar means, 27
it is taken to be lodged on the day the application is received at the 28
prescribed office under section 133(f).'. 29
s8 8 s 10
Mineral Resources Amendment
of s 163 (Notice of entry to be given) 1
Amendment
Clause 8.(1) Section 163(4) to (7)-- 2
renumber as section 163(6) to (9). 3
(2) Section 163-- 4
insert-- 5
`(4) The holder must give the mining registrar a copy of the notice 6
immediately after the notice is given and before entry is made under the 7
permit. 8
Maximum penalty--10 penalty units. 9
`(5) Contravention of subsection (4) does not affect the validity of the 10
notice.'. 11
of s 164 (Term and renewal of notice) 12
Amendment
Clause 9.(1) Section 164(5) to (8)-- 13
renumber as section 164(6) to (9). 14
(2) Section 164(4)-- 15
omit, insert-- 16
`(4) The holder must give the mining registrar a copy of the notice of 17
renewal immediately after the notice is given and before entry is made 18
under the permit. 19
Maximum penalty--10 penalty units. 20
`(5) Contravention of subsection (4) does not affect the validity of the 21
notice of renewal.'. 22
of s 211 (Notice of entry to be given) 23
Amendment
Clause 10.(1) Section 211(4) to (7)-- 24
renumber as section 211(6) to (9). 25
(2) Section 211-- 26
insert-- 27
s 11 9 s 11
Mineral Resources Amendment
`(4) The holder must give the mining registrar a copy of the notice 1
immediately after the notice is given and before entry is made under the 2
licence. 3
`(5) Contravention of subsection (4) does not affect the validity of the 4
notice.'. 5
of s 212 (Term and renewal of notice) 6
Amendment
Clause 11.(1) Section 212(1), `notice of entry'-- 7
omit, insert-- 8
`notice of initial entry'. 9
(2) Section 212(4)-- 10
omit, insert-- 11
`(4) The holder must give the mining registrar a copy of the notice of 12
renewal immediately after the notice is given and before entry is made 13
under the licence. 14
Maximum penalty--10 penalty units. 15
`(5) Contravention of subsection (4) does not affect the validity of the 16
notice of renewal. 17
`(6) If the owner of the land cannot easily be contacted, the holder may 18
notify the occupier of the land of the intended entry. 19
20
Examples of owner not being easily contacted--
21
1. The owner does not live in Australia and there is no known current address for
22
the owner.
23
2. The owner is travelling within Australia and there is no known current address
24
for the owner.
`(7) If the holder satisfies the mining registrar it is impracticable to give 25
either the owner or occupier notice of the intended entry, the mining 26
registrar may dispense with the need to give notice. 27
`(8) If the mining registrar dispenses with the need to give notice, the 28
mining registrar must make an appropriate endorsement on the licence. 29
s 12 10 s 14
Mineral Resources Amendment
`(9) However, before making the endorsement, the mining registrar may 1
require the holder to take the action the mining registrar considers 2
appropriate to publicise the proposed entry, including, for example, 3
publishing an advertisement in a newspaper or other publication.'. 4
of new s 226A 5
Insertion
Clause 12. After section 226-- 6
insert-- 7
of land under mineral development licence on grant of 8
`Reduction
mining lease 9
`226A.(1) This section applies if a mining lease is granted because of an 10
application made by-- 11
(a) the holder of a mineral development licence granted for the same 12
land for the same mineral, whether or not at the Minister's 13
direction; or 14
(b) an eligible person with the holder's consent. 15
`(2) The land to which the licence applies is to be reduced by omitting the 16
land to which the mining lease applies. 17
`(3) The terms of the licence may be varied as the Minister directs.'. 18
of s 230 (Plant remaining on former mineral 19
Amendment
development licence may be sold etc.) 20
Clause 13. Section 230(2), `chief executive'-- 21
omit, insert-- 22
`Minister'. 23
of s 245 (Application for grant of mining lease) 24
Amendment
Clause 14.(1) Section 245(1)(o)(iii) and (iv) and (p), `Minister'-- 25
omit, insert-- 26
`mining registrar'. 27
s 15 11 s 17
Mineral Resources Amendment
(2) Section 245(2), `Minister'-- 1
omit, insert-- 2
`mining registrar'. 3
(3) Section 245(4)-- 4
renumber as section 245(6). 5
(4) Section 245-- 6
insert-- 7
`(4) The mining registrar may accept an environmental management 8
overview strategy, or a statement mentioned in subsection (1)(o)(iii) or (iv), 9
that is not in its final form if the mining registrar is satisfied that it is 10
sufficient for the application. 11
`(5) In deciding whether or not to accept the environmental management 12
overview strategy or the statement, the mining registrar must have regard to 13
the type of mining activities to be undertaken and their possible impact on 14
the environment.'. 15
of s 248 (Consent of certain parties with registered 16
Amendment
interests to be obtained) 17
Clause 15. Section 248(5), `subsection (4)'-- 18
omit, insert-- 19
`subsection (3)'. 20
of s 252 (Certificate of application etc.) 21
Amendment
Clause 16. Section 252(7)(d), after `certificate of application'-- 22
insert-- 23
`or a notice of the application in the approved form'. 24
of s 254 (Mining registrar may call conference in some 25
Amendment
cases) 26
Clause 17. Section 254-- 27
s 18 12 s 20
Mineral Resources Amendment
insert-- 1
`(6) However, if the conference is about an application and an objection 2
is lodged, the conference between the applicant and the objector must be 3
held before the date fixed for the hearing of the application for the grant of 4
the mining lease.'. 5
of new s 270A 6
Insertion
Clause 18. After section 270-- 7
insert-- 8
to approve environmental management overview strategy 9
`Minister
`270A.(1) The Minister must approve the final form of the 10
environmental management overview strategy before the Minister 11
recommends to the Governor in Council under section 271 that a mining 12
lease be granted. 13
`(2) Subsection (1) applies whether or not an objection to the grant of a 14
mining lease has been lodged.'. 15
of s 368 (Costs) 16
Amendment
Clause 19.(1) Section 368(2), after `of the Wardens Court'-- 17
insert-- 18
`or a taxing officer of a District Court or of the Supreme Court'. 19
(2) Section 368(3)-- 20
renumber as section 368(4). 21
(3) Section 368-- 22
insert-- 23
`(3) A party may apply to a Supreme Court judge for a review of the 24
taxation.'. 25
of new sch, ss 1316 26
Insertion
Clause 20. Schedule-- 27
s 20 13 s 20
Mineral Resources Amendment
insert-- 1
and agreements 2
`Consents
`13.(1) This section applies if, after the commencement of this Act-- 3
(a) a consent that should have been given by the Minister as owner of 4
land was instead given by trustees of land; or 5
(b) a compensation agreement under section 279 that should have 6
been signed by the Minister as owner of land was instead signed 7
by trustees of land. 8
`(2) It is declared that the consent of the trustees was as valid as if it had 9
been given by the Minister. 10
`(3) It is declared that the agreement signed by the trustees was as valid 11
as if it had been signed by the Minister. 12
`(4) This section expires 1 year after it commences.'. 13
of mining lease 14
`Grant
`14.(1) It is declared that the grant of a mining lease on or after the 15
commencement of the Mineral Resources Amendment Act 1995, 16
section 672 was not invalid merely because an environmental management 17
overview strategy was not in its final form when the certificate of 18
application was issued. 19
`(2) This section expires on the day after it commences.'. 20
for mining lease over restricted land 21
`Application
`15.(1) This section applies to an application for a mining lease-- 22
(a) lodged after the commencement of the Mineral Resources 23
Amendment Act 1995, section 5(2);3 and 24
(b) that is over the surface of land that was restricted land when the 25
application was lodged. 26
2 Section 67 commenced on 1 May 1995.
3 Section 5(2) commenced on 1 May 1995.
s 20 14 s 20
Mineral Resources Amendment
`(2) It is declared that the application for the lease was or is not invalid 1
merely because the applicant did not lodge the written consent of an owner 2
of adjoining land with the mining registrar before the last objection day 3
ended. 4
`(3) This section expires on the day after it commences.'. 5
of mining lease over restricted land 6
`Grant
`16.(1) This section applies to a mining lease-- 7
(a) granted after the commencement of the Mineral Resources 8
Amendment Act 1995, section 5(2);4 and 9
(b) that is over the surface of land that was restricted land when the 10
grant was made. 11
`(2) It is declared that the grant of the lease was not invalid merely 12
because the written consent of an owner of adjoining land had not been 13
obtained. 14
`(3) This section expires 1 year after it commences.'. 15
16
© State of Queensland 1997
4 Section 5(2) commenced on 1 May 1995.
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