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Queensland
Mineral Resources and Other
Legislation Amendment
Bill 2004
Queensland
Mineral Resources and Other Legislation
Amendment Bill 2004
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 2 Amendment of Mineral Resources Act 1989
2 Act amended in pt 2 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 10
3 Replacement of s 72 (Mining registrar to fix hearing date). . . . . . 10
72 Referral to tribunal of application and objections . . . . 10
4 Replacement of ss 75 and 76. . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
75 Referral to tribunal of application to which no
objection lodged . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
76 Referral to tribunal of issue of reserve owner's
consent ............................. 12
5 Amendment of s 81 (Conditions of mining claim) . . . . . . . . . . . . . 12
6 Amendment of s 85 (Compensation to be settled before
granting of mining claim) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
7 Insertion of new s 85A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
85A Referral to tribunal of issue of compensation if not
settled within 3 months after term of claim ends . . . . 13
8 Amendment of s 93 (Renewal of mining claim) . . . . . . . . . . . . . . 14
9 Insertion of new ss 93A93D . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
93A Continuation of claim while application being dealt
with .................................. 14
93B When term of renewed claim starts . . . . . . . . . . . . . . 15
93C When new conditions of renewed claim start . . . . . . . 15
93D Renewal of claim must be in name of last recorded
assignee ............................. 16
10 Amendment of s 125 (Variation of access to mining claim land) . 16
11 Amendment of s 133 (Application for exploration permit). . . . . . . 16
12 Amendment of s 137 (Grant of exploration permit) . . . . . . . . . . . 17
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Mineral Resources and Other Legislation Amendment
Bill 2004
13 Replacement of s 138 (Rental payable under exploration permit) 17
138 Rental payable on exploration permit . . . . . . . . . . . . . 17
14 Amendment of s 139 (Periodic reduction in land covered
by exploration permit for mineral other than coal) . . . . . . . . . . . . 18
15 Replacement of s 140 (Periodic reduction in land covered
by exploration permit for coal) . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
140 Voluntary reduction in land covered by exploration
permit ............................... 19
16 Amendment of s 141 (Conditions of exploration permit) . . . . . . . 20
17 Amendment of s 144 (Provision of security). . . . . . . . . . . . . . . . . 20
18 Replacement of s 147 (Renewal of exploration permit) . . . . . . . . 20
147 Application for renewal of exploration permit . . . . . . . 20
147A Decision on application . . . . . . . . . . . . . . . . . . . . . . . 21
147B Chief executive must give copy of application to
EPA administering authority . . . . . . . . . . . . . . . . . . . . 22
147C Continuation of permit while application being dealt
with ................................. 22
147D When term of renewed permit starts . . . . . . . . . . . . . 23
147E When new conditions of renewed permit start . . . . . . 23
147F Renewal of permit must be in name of last recorded
assignee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
19 Amendment of s 159 (Abandonment of application for
exploration permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
20 Amendment of s 163 (Notice of entry to be given) . . . . . . . . . . . . 24
21 Amendment of s 187 (Holder to notify owners of land of grant) . . 25
22 Amendment of s 189 (Abandonment of application for mineral
development licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
23 Amendment of s 194 (Conditions of mineral development
licence) ....................................... 25
24 Replacement of s 197 (Renewal of mineral development licence) 26
197 Application for renewal of mineral development
licence .............................. 26
197A Decision on application . . . . . . . . . . . . . . . . . . . . . . . 26
197B Chief executive must give copy of application to
EPA administering authority . . . . . . . . . . . . . . . . . . . . 27
197C Continuation of licence while application being dealt
with ................................. 28
197D When term of renewed licence starts . . . . . . . . . . . . . 28
197E When new conditions of renewed licence start . . . . . 28
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Mineral Resources and Other Legislation Amendment
Bill 2004
197F Renewal of licence must be in name of last recorded
assignee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
25 Amendment of s 245 (Application for grant of mining lease) . . . . 29
26 Replacement of ss 248 and 249. . . . . . . . . . . . . . . . . . . . . . . . . . 29
248 Applicant must obtain consent or views of existing
authority holders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
249 Later applicant must obtain consent or views of
earlier applicant if same land affected . . . . . . . . . . . . 31
27 Replacement of s 265 (Mining registrar to fix hearing date). . . . . 32
265 Referral of application and objections to tribunal . . . . 32
28 Amendment of s 269 (Tribunal's recommendation on hearing) . . 33
29 Replacement of s 272 (Minister may remit to tribunal for
additional evidence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
272 Minister may remit to tribunal for additional evidence. 33
30 Amendment of s 276 (Conditions of mining lease). . . . . . . . . . . . 34
31 Insertion of new s 279A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
279A Referral to tribunal of issue of compensation if not
settled within 3 months after term of lease ends . . . . 34
32 Replacement of s 286 (Renewal of mining lease) . . . . . . . . . . . . 34
286 Application for renewal of mining lease . . . . . . . . . . . 35
286A Decision on application . . . . . . . . . . . . . . . . . . . . . . . 35
286B Chief executive must give copy of application to EPA
administering authority . . . . . . . . . . . . . . . . . . . . . . . . 37
286C Continuation of lease while application being dealt
with ................................. 37
286D When term of renewed lease starts . . . . . . . . . . . . . . 37
286E When new conditions of renewed lease start . . . . . . . 38
286F Renewal of lease must be in name of last recorded
assignee ............................. 38
33 Amendment of s 288 (Holder to notify owner of grant or renewal
of mining lease) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
34 Omission of s 315 (Approval of additional activities upon
mining lease application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
35 Amendment of s 316 (Mining lease for transportation through
land) ......................................... 39
36 Amendment of s 317 (Variation of access to mining lease land) . 39
37 Replacement of pt 8 (Effect on planning provisions) . . . . . . . . . . 40
Part 8 Relationship with Integrated Planning Act
1997
319 Effect on development . . . . . . . . . . . . . . . . . . . . . . . . 40
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Mineral Resources and Other Legislation Amendment
Bill 2004
319A Effect on planning schemes . . . . . . . . . . . . . . . . . . . . 40
38 Amendment of s 322 (Minister may request audit). . . . . . . . . . . . 41
39 Replacement of s 388 (Notification of change of address etc.) . . 41
388 Notice of change of address for service . . . . . . . . . . . 42
40 Amendment of s 391 (Restriction on grants etc.) . . . . . . . . . . . . . 42
41 Insertion of new s 391B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
391B Right of access for authorised activities includes
access for rehabilitation and environmental
management ............................ 42
42 Amendment of s 399 (Mode of service of documents). . . . . . . . . 42
43 Insertion of new ss 404A404D . . . . . . . . . . . . . . . . . . . . . . . . . . 43
404A Distance of excavation from railway works . . . . . . . . . 43
404B Interference with particular things . . . . . . . . . . . . . . . 44
404C Information requirements for holders of mining
tenements ............................ 44
404D False or misleading document . . . . . . . . . . . . . . . . . . 45
44 Insertion of new pt 19, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 6 Transitional provisions for Mineral Resources
and Other Legislation Amendment Act 2004
739 Application of particular provisions. . . . . . . . . . . . . . . 46
45 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 47
Part 3 Amendment of Aboriginal Land Act 1991
46 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
47 Amendment of s 39 (Permitted dealings with transferred land) . . 48
48 Insertion of new pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Part 10 Validation provision
139 Existing conservation agreements . . . . . . . . . . . . . . . 49
Part 4 Amendment of Coal and Oil Shale Mine Workers'
Superannuation Act 1989
49 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
50 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 49
51 Amendment of s 3 (Meaning of mine worker) . . . . . . . . . . . . . . . 50
52 Replacement of pt 3 heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
53 Insertion of new pt 3, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Division 2 Transitional provision for Mineral Resources
and Other Legislation Amendment Act 2004
6 References to superannuation fund from merger day
until the commencement . . . . . . . . . . . . . . . . . . . . . . 50
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Mineral Resources and Other Legislation Amendment
Bill 2004
Part 5 Amendment of Fossicking Act 1994
54 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
55 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 51
56 Amendment of s 8 (Meaning of expressions used in this
and other Acts) ................................. 51
Part 6 Amendment of Geothermal Exploration Act 2004
57 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
58 Amendment of s 10 (Graticulation of earth's surface into
"blocks" and "sub-blocks") . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
59 Omission of s 14 (Prohibition on geothermal extraction) . . . . . . . 52
60 Amendment of s 33 (Term of permit) . . . . . . . . . . . . . . . . . . . . . . 52
61 Amendment of s 39 (Taking, interfering with and using water
for geothermal exploration). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
62 Insertion of new ss 39A and 39B . . . . . . . . . . . . . . . . . . . . . . . . . 53
39A Taking samples in geothermal exploration . . . . . . . . . 53
39B Ownership of samples taken in geothermal
exploration ........................... 53
63 Insertion of new ss 49A and 49B . . . . . . . . . . . . . . . . . . . . . . . . . 53
49A Public release of required information . . . . . . . . . . . . 53
49B Chief executive may use required information . . . . . . 54
64 Amendment of s 53 (Power to use security). . . . . . . . . . . . . . . . . 54
65 Amendment of s 55 (Replenishment of security) . . . . . . . . . . . . . 54
66 Insertion of new ss 55A and 55B . . . . . . . . . . . . . . . . . . . . . . . . . 54
55A Replacement of security. . . . . . . . . . . . . . . . . . . . . . . 55
55B Security not affected by change in permit holder . . . . 55
67 Amendment of s 56 (Retention of security) . . . . . . . . . . . . . . . . . 56
68 Amendment of s 58 (Deciding application). . . . . . . . . . . . . . . . . . 56
69 Amendment of s 61 (Making application) . . . . . . . . . . . . . . . . . . . 56
70 Amendment of s 63 (Making application) . . . . . . . . . . . . . . . . . . . 57
71 Amendment of s 65 (Making application) . . . . . . . . . . . . . . . . . . . 57
72 Amendment of s 82 (Power of and procedure for immediate
suspension) ................................... 57
73 Amendment of s 92 (Waiver by chief executive of requirement) . 58
74 Insertion of new ch 5, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Part 5 Public roads
Division 1 Preliminary
97A Significant projects excluded from div 1 . . . . . . . . . . . 58
97B What is a notifiable road use . . . . . . . . . . . . . . . . . . . 59
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Mineral Resources and Other Legislation Amendment
Bill 2004
Division 2 Notifiable road uses
97C Notice of notifiable road use . . . . . . . . . . . . . . . . . . . . 59
97D Directions about notifiable road use . . . . . . . . . . . . . . 60
97E Obligation to comply with road use directions . . . . . . 61
Division 3 Compensation for notifiable road uses
97F Liability to compensate public road authority . . . . . . . 61
97G Compensation agreement . . . . . . . . . . . . . . . . . . . . . 62
97H Deciding compensation through tribunal . . . . . . . . . . 63
97I Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . 63
97J Tribunal review of compensation . . . . . . . . . . . . . . . . 64
97K Compensation to be addressed before carrying out
notifiable road use . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
97L Compensation not affected by change in administration
or holder ................................ 65
75 Amendment of s 107 (Direction to give samples). . . . . . . . . . . . . 66
76 Amendment of s 108 (Direction to give additional information for
requirement under Act). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
77 Amendment of s 109 (Who may appeal) . . . . . . . . . . . . . . . . . . . 66
78 Amendment of s 126 (Transfer of bore to permit holder) . . . . . . . 66
79 Amendment of s 127 (Transfer of exploration bore from
permit holder to landholder or mining interest holder) . . . . . . . . . 66
80 Amendment of s 128 (Transfer of exploration bores from
permit holder or former permit holder to the State) . . . . . . . . . . . 67
81 Insertion of new s 133A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
133A Dealing with application that is not a properly made
application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
82 Amendment of s 139 (Regulation-making power) . . . . . . . . . . . . 68
83 Replacement of s 144 and ch 8, pt 3 . . . . . . . . . . . . . . . . . . . . . . 68
144 Amendment of sch 9 (Development that is exempt from
assessment against a planning scheme) . . . . . . . . . . 68
145 Amendment of sch 10 (Dictionary) . . . . . . . . . . . . . . . 68
84 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 69
Part 7 Amendment of Land Act 1994
85 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
86 Amendment of s 16 (Deciding appropriate tenure) . . . . . . . . . . . 70
Part 8 Amendment of Nature Conservation Act 1992
87 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
88 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 71
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Mineral Resources and Other Legislation Amendment
Bill 2004
Part 9 Amendment of Petroleum and Gas (Production and Safety)
Act 2004
89 Act amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
90 Amendment of s 993A (Insertion of new s 132A). . . . . . . . . . . . . 72
Minor amendments of Mineral Resources Act 1989 . . . . . . . 73
Schedule
2004
A Bill
for
An Act to amend the Mineral Resources Act 1989, and for other
purposes
s1 10 s3
Mineral Resources and Other Legislation Amendment
Bill 2004
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Mineral Resources and Other 4
Legislation Amendment Act 2004. 5
Part 2 Amendment of Mineral 6
Resources Act 1989 7
Clause 2 Act amended in pt 2 and schedule 8
This part and the schedule amend the Mineral Resources 9
Act 1989. 10
Clause 3 Replacement of s 72 (Mining registrar to fix hearing date) 11
Section 72-- 12
omit, insert-- 13
`72 Referral to tribunal of application and objections 14
`(1) This section applies if a properly made objection to an 15
application for the grant of a mining claim is lodged. 16
`(2) The mining registrar must, within 5 business days after the 17
later of the following, refer the application and all properly 18
made objections to it to the tribunal for hearing-- 19
(a) the last objection day for the application; 20
(b) the day a section 65 conference about the application 21
ends. 22
s4 11 s4
Mineral Resources and Other Legislation Amendment
Bill 2004
`(3) The tribunal must fix a date for the hearing and immediately 1
give written notice of the date to each of the following-- 2
(a) the mining registrar; 3
(b) the applicant; 4
(c) each person who has lodged a properly made objection 5
to the application. 6
`(4) The hearing date must be at least 20 business days after the 7
later of the following-- 8
(a) the last objection day for the application; 9
(b) the day a section 65 conference about the application 10
ends. 11
`(5) If the tribunal fixes a date for the hearing and all properly 12
made objections are withdrawn before the hearing starts, the 13
tribunal may remit the matter to the mining registrar. 14
`(6) In this section-- 15
properly made objection means an objection lodged as 16
required under section 71(1) to (3) and for which 17
section 71(4) has been complied with.'. 18
Clause 4 Replacement of ss 75 and 76 19
Sections 75 and 76-- 20
omit, insert-- 21
`75 Referral to tribunal of application to which no 22
objection lodged 23
`(1) Despite section 74, the mining registrar may refer an 24
application for the grant of a mining claim to the tribunal for 25
hearing. 26
`(2) The tribunal must fix a date for the hearing and immediately 27
give written notice of the date to each of the following-- 28
(a) the mining registrar; 29
(b) the applicant; 30
(c) the EPA administering authority. 31
s5 12 s5
Mineral Resources and Other Legislation Amendment
Bill 2004
`(3) The date must be at least 20 business days after the later of the 1
following-- 2
(a) the last objection day for the application; 3
(b) the day a section 65 conference about the application 4
ends. 5
`76 Referral to tribunal of issue of reserve owner's 6
consent 7
`(1) This section applies if the mining registrar is not satisfied an 8
owner of a reserve consented to an application for a mining 9
claim over the reserve. 10
`(2) The mining registrar must, within 5 business days after the 11
later of the following, refer the issue of consent to the tribunal 12
for its consideration-- 13
(a) the last objection day for the application; 14
(b) the day a section 65 conference about the application 15
ends. 16
`(3) The tribunal must fix a date for the hearing and immediately 17
give written notice of the date to each of the following-- 18
(a) the mining registrar; 19
(b) the applicant; 20
(c) the EPA administering authority; 21
(d) the owner of the reserve. 22
`(4) The date must be at least 20 business days after the later of the 23
following-- 24
(a) the last objection day for the application; 25
(b) the day a section 65 conference about the application 26
ends.'. 27
Clause 5 Amendment of s 81 (Conditions of mining claim) 28
Section 81(1)(m), `the provisions of this Act'-- 29
s6 13 s7
Mineral Resources and Other Legislation Amendment
Bill 2004
omit, insert-- 1
`this Act and other mining legislation'. 2
Clause 6 Amendment of s 85 (Compensation to be settled before 3
granting of mining claim) 4
(1) Section 85, heading, `granting'-- 5
omit, insert-- 6
`grant or renewal'. 7
(2) Section 85(6)-- 8
omit. 9
(3) Section 85(7), after `subsection (5)'-- 10
insert-- 11
`, or the referral of a matter under section 85A(2),'. 12
(4) Section 85(8)(c) and (d), after `grant'-- 13
insert-- 14
`or renewal'. 15
Clause 7 Insertion of new s 85A 16
After section 85-- 17
insert-- 18
`85A Referral to tribunal of issue of compensation if not 19
settled within 3 months after term of claim ends 20
`(1) Subsection (2) applies if-- 21
(a) compensation is to be determined under section 85(1)(a) 22
for the renewal of a mining claim; and 23
(b) the compensation is not determined within 3 months 24
after the current term of the claim would, apart from 25
section 93A, end. 26
`(2) The mining registrar must refer the issue of compensation to 27
the tribunal for its determination. 28
s8 14 s9
Mineral Resources and Other Legislation Amendment
Bill 2004
`(3) The tribunal must fix a date for the hearing and immediately 1
give written notice of the date to each of the following-- 2
(a) the mining registrar; 3
(b) the applicant; 4
(c) each of the land owners involved in the determination 5
under section 85(1). 6
`(4) The date must be at least 20 business days after the day the 7
tribunal fixes the date.'. 8
Clause 8 Amendment of s 93 (Renewal of mining claim) 9
(1) Section 93(3)(c), `all the provisions of this Act'-- 10
omit, insert-- 11
`this Act and other mining legislation'. 12
(2) Section 93(6) and (7)-- 13
omit. 14
(3) Section 93(9), `28 days'-- 15
omit, insert-- 16
`20 business days'. 17
Clause 9 Insertion of new ss 93A93D 18
after section 93-- 19
insert-- 20
`93A Continuation of claim while application being dealt 21
with 22
`(1) Subsection (2) applies if-- 23
(a) a properly made application for renewal of a mining 24
claim is not withdrawn, refused or granted before the 25
claim's expiry day ends; and 26
(b) after the expiry day, the holder-- 27
(i) continues to pay rental on the claim and other 28
amounts required to be paid under this Act; and 29
s9 15 s9
Mineral Resources and Other Legislation Amendment
Bill 2004
(ii) otherwise complies with this Act and the claim 1
conditions. 2
`(2) The claim continues in force subject to the rights, entitlements 3
and obligations in effect immediately before the end of the 4
expiry day until the application is withdrawn, refused or 5
granted. 6
`(3) In this section-- 7
properly made application, for renewal of a mining claim, 8
means an application that complies with section 93(2). 9
`93B When term of renewed claim starts 10
`(1) If a mining claim is renewed before its expiry day ends, the 11
term of the renewed claim starts on the day after the expiry 12
day. 13
`(2) If the claim is renewed after the expiry day, the term of the 14
renewed claim is taken to have started on the day after the 15
expiry day. 16
`93C When new conditions of renewed claim start 17
`(1) If a renewed mining claim is subject to conditions (the new 18
conditions) different from, or not included in, the claim 19
conditions applying immediately before its renewal, the new 20
conditions apply from the later of the following-- 21
(a) the start of the term of the renewed claim; 22
(b) the day the renewal is granted. 23
`(2) However, if the claim is continued in force under section 93A, 24
the holder must pay rental on the claim from the day after its 25
expiry day at the rate that would have been payable, from time 26
to time, if the renewed mining claim had been renewed on the 27
day after the expiry day. 28
`(3) Subsection (2) applies even though payment of rental may be 29
a condition of the claim. 30
s 10 16 s 11
Mineral Resources and Other Legislation Amendment
Bill 2004
`93D Renewal of claim must be in name of last recorded 1
assignee 2
`(1) This section applies if an assignment of a mining claim is 3
approved and recorded under section 96(6)-- 4
(a) after the date on which an application for renewal of the 5
claim is made; and 6
(b) before the application is decided by the Minister. 7
`(2) Any renewal granted on the application must be in the name 8
of the assignee under the last assignment approved and 9
recorded before the grant of the renewal.'. 10
Clause 10 Amendment of s 125 (Variation of access to mining claim 11
land) 12
(1) Section 125(3), from `thereto'-- 13
omit, insert-- 14
`to the use, the mining registrar must refer the issue of consent 15
to the tribunal for its consideration.'. 16
(2) Section 125(4)-- 17
omit, insert-- 18
`(4) The tribunal must fix a date for the hearing and immediately 19
give written notice of the date to each of the following-- 20
(a) the mining registrar; 21
(b) the applicant; 22
(c) the land owner. 23
`(4A) The date must be at least 20 business days after the day the 24
tribunal fixes the date.'. 25
Clause 11 Amendment of s 133 (Application for exploration permit) 26
Section 133-- 27
insert-- 28
`(4) In this section-- 29
s 12 17 s 13
Mineral Resources and Other Legislation Amendment
Bill 2004
financial resources, for subsection (1)(g)(ii), includes the 1
financial resources necessary to comply with each of the 2
following-- 3
(a) the native title provisions; 4
(b) any registered indigenous land use agreement under the 5
Commonwealth Native Title Act for the area to which 6
the application relates; 7
(c) the right to negotiate provisions.'. 8
Clause 12 Amendment of s 137 (Grant of exploration permit) 9
(1) Section 137(3)-- 10
insert-- 11
`(h) the programs of works and studies to be carried out 12
under the permit.'. 13
(2) Section 137(4), from `Acts,' to `1994'-- 14
omit, insert-- 15
`Acts or other mining legislation'. 16
Clause 13 Replacement of s 138 (Rental payable under exploration 17
permit) 18
Section 138-- 19
omit, insert-- 20
`138 Rental payable on exploration permit 21
`(1) On the grant of an exploration permit (the original permit), 22
rental is payable-- 23
(a) for the first year of the term of the permit (its first rental 24
period); and 25
(b) within 20 business days after the grant. 26
`(2) On the renewal of an exploration permit, rental is payable-- 27
(a) for the first year of the term of the renewed permit; and 28
(b) within 20 business days after the renewal is granted. 29
s 14 18 s 14
Mineral Resources and Other Legislation Amendment
Bill 2004
`(3) For each year an exploration permit is in force, rental for the 1
whole year (other than its first rental period) is payable on or 2
before the anniversary of-- 3
(a) for an original permit--the grant of the permit; or 4
(b) for a renewed permit--the day the term of the renewed 5
permit started.1 6
`(4) The amount of the rental payable for each year is calculated 7
by multiplying the number of sub-blocks to which the permit 8
applies by the amount prescribed under a regulation for the 9
year.'. 10
Clause 14 Amendment of s 139 (Periodic reduction in land covered 11
by exploration permit for mineral other than coal) 12
(1) Section 139, heading, `for mineral other than coal'-- 13
omit. 14
(2) Section 139(1)-- 15
omit, insert-- 16
`(1) Unless the Minister otherwise decides, whether before the 17
grant of an exploration permit or during its term the area of 18
the permit must be reduced-- 19
(a) for a permit for a mineral other than coal-- 20
(i) by 50% by the end of the first 2 years after the 21
permit is granted; and 22
(ii) by a further 50% by the end of each subsequent 23
year; or 24
(b) for a permit for coal--in the way and to the extent 25
decided by the Minister when the permit is granted or 26
renewed. 27
`(1A) The reduction under subsection (1)(b) must not be greater 28
than the extent to which a permit for other minerals must be 29
reduced.'. 30
(3) Section 139(4), `28 days'-- 31
1 See section 147D (When term of renewed permit starts)
s 15 19 s 15
Mineral Resources and Other Legislation Amendment
Bill 2004
omit, insert-- 1
`20 business days'. 2
Clause 15 Replacement of s 140 (Periodic reduction in land covered 3
by exploration permit for coal) 4
Section 140-- 5
omit, insert-- 6
`140 Voluntary reduction in land covered by exploration 7
permit 8
`(1) In addition to the requirement under section 139 to reduce the 9
area of an exploration permit, the holder of the permit may, at 10
any time during its term, make a submission to the chief 11
executive-- 12
(a) voluntarily reducing the area of land to which the permit 13
applies; and 14
(b) identifying the sub-blocks of land to which the holder 15
no longer wants the permit to apply. 16
`(2) The area remaining after the reduction must consist of whole 17
sub-blocks. 18
`(3) The Minister may approve the reduction, with or without 19
conditions, or refuse the reduction. 20
`(4) If the Minister approves the reduction, the Minister must give 21
the holder a written notice stating-- 22
(a) the reduction is approved; and 23
(b) the date of the approval; and 24
(c) if the Minister decides to approve the reduction on 25
conditions--the conditions and reasons for the decision. 26
`(5) If the Minister refuses the reduction, the Minister must give 27
the holder a written notice stating the reasons for the decision. 28
`(6) The reduction takes effect on the date it is approved. 29
`(7) Compensation is not payable for the reduction. 30
s 16 20 s 18
Mineral Resources and Other Legislation Amendment
Bill 2004
`(8) The chief executive must, within 5 business days after the 1
reduction takes effect, give the EPA administering authority 2
written notice of the reduction.'. 3
Clause 16 Amendment of s 141 (Conditions of exploration permit) 4
Section 141(1)(h), `the provisions of this Act'-- 5
omit, insert-- 6
`this Act and other mining legislation'. 7
Clause 17 Amendment of s 144 (Provision of security) 8
(1) Section 144(1), `matters outlined in section 133(g)(i),28 9
shall'-- 10
omit, insert-- 11
`program of work, or activities, proposed to be carried out 12
under the permit, must'. 13
(2) Section 144(8), `28 days'-- 14
omit, insert-- 15
`20 business days'. 16
Clause 18 Replacement of s 147 (Renewal of exploration permit) 17
(1) Section 147-- 18
omit, insert-- 19
`147 Application for renewal of exploration permit 20
`(1) The holder of an exploration permit may, within the renewal 21
period, apply to the chief executive for a renewal of the 22
permit. 23
`(2) The application must be made in the approved form and 24
accompanied by the information and the fee prescribed under 25
a regulation. 26
`(3) In this section-- 27
renewal period means the period that is-- 28
s 18 21 s 18
Mineral Resources and Other Legislation Amendment
Bill 2004
(a) at least 3 months, or any shorter period allowed by the 1
Minister in the particular case, before the current term of 2
the permit expires; and 3
(b) not more than 6 months before the current term expires. 4
`147A Decision on application 5
`(1) The Minister may renew an exploration permit if the Minister 6
is satisfied of each of the following-- 7
(a) the holder of the permit has-- 8
(i) observed and performed all the covenants and 9
conditions applying to the permit and required to 10
be observed and performed by the holder; and 11
(ii) complied with this Act in relation to the permit; 12
(b) the activities proposed to be carried out during the 13
renewed term are appropriate and acceptable; 14
(c) the financial and technical resources available to the 15
holder to carry out the proposed activities during the 16
renewed term are appropriate; 17
(d) the public interest will not be adversely affected by the 18
renewal. 19
`(2) The renewal may be granted for the further term of not more 20
than 5 years decided by the Minister. 21
`(3) The renewed permit is subject to-- 22
(a) any conditions prescribed under a regulation; and 23
(b) any conditions decided by the Minister. 24
`(4) The Minister may refuse to renew the permit if the Minister-- 25
(a) has served on the holder a notice in the approved form 26
asking the holder to show cause, within the period stated 27
in the notice, why the renewal should not be refused; 28
and 29
(b) after considering the holder's response, is satisfied the 30
renewal should be refused. 31
s 18 22 s 18
Mineral Resources and Other Legislation Amendment
Bill 2004
`(5) As soon as practicable after deciding the application for the 1
renewal, the Minister must give the holder a written notice 2
stating-- 3
(a) the decision; and 4
(b) if the decision is to grant the renewal on conditions, or 5
to refuse the renewal, the reasons for the decision. 6
`147B Chief executive must give copy of application to 7
EPA administering authority 8
`If the Minister renews an exploration permit, the chief 9
executive must give the EPA administering authority a copy 10
of the application for the renewal within 5 business days after 11
the Minister is satisfied of the matters mentioned in 12
section 147A(1) concerning the permit. 13
`147C Continuation of permit while application being dealt 14
with 15
`(1) Subsection (2) applies if-- 16
(a) a properly made application for renewal of an 17
exploration permit is not withdrawn, refused or granted 18
before the permit's expiry day ends; and 19
(b) after the expiry day, the holder-- 20
(i) continues to pay rental on the permit and other 21
amounts required to be paid under this Act; and 22
(ii) otherwise complies with this Act and the permit 23
conditions. 24
`(2) The permit continues in force subject to the rights, 25
entitlements and obligations in effect immediately before the 26
end of the expiry day until the application is withdrawn, 27
refused or granted. 28
`(3) In this section-- 29
properly made application, for renewal of an exploration 30
permit, means an application that complies with 31
section 147(2). 32
s 18 23 s 18
Mineral Resources and Other Legislation Amendment
Bill 2004
`147D When term of renewed permit starts 1
`(1) If an exploration permit is renewed before its expiry day ends, 2
the term of the renewed permit starts on the day after the 3
expiry day. 4
`(2) If the permit is renewed after the expiry day, the term of the 5
renewed permit is taken to have started on the day after the 6
expiry day. 7
`147E When new conditions of renewed permit start 8
`(1) If a renewed exploration permit is subject to conditions 9
(the new conditions) different from, or not included in, the 10
permit conditions applying immediately before its renewal, 11
the new conditions apply from the later of the following-- 12
(a) the start of the term of the renewed permit; 13
(b) the day the renewal is granted. 14
`(2) However, if the permit is continued in force under 15
section 147C, the holder must pay rental on the permit from 16
the day after its expiry day at the rate that would have been 17
payable, from time to time, if the renewed exploration permit 18
had been renewed on the day after the expiry day. 19
`(3) Subsection (2) applies even though payment of rental may be 20
a condition of the permit. 21
`(4) If the application for renewal of the permit is withdrawn or is 22
refused, the chief executive must refund the overpaid rental to 23
the applicant. 24
`(5) In this section-- 25
overpaid rental means the annual rental overpaid because of 26
the withdrawal or refusal, worked out proportionately for the 27
whole months remaining after the withdrawal or refusal until 28
the end of the year for which the rental was paid. 29
`147F Renewal of permit must be in name of last recorded 30
assignee 31
`(1) This section applies if an assignment of an exploration permit 32
is approved and recorded under section 151(5)-- 33
s 19 24 s 20
Mineral Resources and Other Legislation Amendment
Bill 2004
(a) after the date on which an application for renewal of the 1
permit is made; and 2
(b) before the application is decided by the Minister. 3
`(2) Any renewal granted on the application must be in the name 4
of the assignee under the last assignment approved and 5
recorded before the grant of the renewal.'. 6
Clause 19 Amendment of s 159 (Abandonment of application for 7
exploration permit) 8
(1) Section 159(1), `his or her application'-- 9
omit, insert-- 10
`the application in relation to all or part of the land to which it 11
relates'. 12
(2) Section 159-- 13
insert-- 14
`(2A) If the application is abandoned in relation to part only of the 15
land to which it relates, the application must be amended to 16
identify the area in relation to which the application is to 17
remain in force (the remaining area). 18
`(2B) The remaining area must be identified in the way required 19
under section 133(1)(d).2'. 20
Clause 20 Amendment of s 163 (Notice of entry to be given) 21
(1) Section 163(2), `7 days'-- 22
omit, insert-- 23
`5 business days'. 24
(2) Section 163(8), from `must'-- 25
omit, insert-- 26
`must-- 27
(a) make an appropriate endorsement on the permit; and 28
2 Section 133 (Application for exploration permit)
s 21 25 s 23
Mineral Resources and Other Legislation Amendment
Bill 2004
(b) ask the chief executive to make an appropriate note in 1
the register'. 2
Clause 21 Amendment of s 187 (Holder to notify owners of land of 3
grant) 4
(1) Section 187, after `grant'-- 5
insert-- 6
`or renewal'. 7
(2) Section 187, `21 days'-- 8
omit, insert-- 9
`20 business days'. 10
Clause 22 Amendment of s 189 (Abandonment of application for 11
mineral development licence) 12
(1) Section 189(1), after `application'-- 13
insert-- 14
`in relation to all or part of the land to which it relates'. 15
(2) Section 189-- 16
insert-- 17
`(2A) If the application is abandoned in relation to part only of the 18
land to which it relates, the application must be amended to 19
identify the area in relation to which the application is to 20
remain in force (the remaining area). 21
`(2B) The remaining area must be identified in the way required 22
under section 183(1)(d) and (e).3'. 23
Clause 23 Amendment of s 194 (Conditions of mineral development 24
licence) 25
Section 194(1)(h), `the provisions of this Act'-- 26
3 Section 183 (Application for mineral development licence)
s 24 26 s 24
Mineral Resources and Other Legislation Amendment
Bill 2004
omit, insert-- 1
`this Act and other mining legislation'. 2
Clause 24 Replacement of s 197 (Renewal of mineral development 3
licence) 4
Section 197-- 5
omit, insert-- 6
`197 Application for renewal of mineral development 7
licence 8
`(1) The holder of a mineral development licence may, within the 9
renewal period, apply to the Minister for a renewal of the 10
licence. 11
`(2) The application must be made in the approved form and 12
accompanied by the information and the fee prescribed under 13
a regulation. 14
`(3) In this section-- 15
renewal period means the period that is-- 16
(a) at least 6 months, or any shorter period allowed by the 17
Minister in the particular case, before the current term of 18
the permit expires; and 19
(b) not more than 1 year before the current term expires. 20
`197A Decision on application 21
`(1) The Minister may renew a mineral development licence if the 22
Minister is satisfied of each of the following-- 23
(a) the holder of the licence has complied with-- 24
(i) the licence; and 25
(ii) this Act in relation to the licence; 26
(b) there exists on or in the land in relation to which the 27
application is made a mineral occurrence of possible 28
economic potential to sustain a mining operation; 29
(c) the activities proposed to be undertaken during the 30
renewed term are appropriate; 31
s 24 27 s 24
Mineral Resources and Other Legislation Amendment
Bill 2004
(d) the financial and technical resources available to the 1
holder to carry out the proposed activities during the 2
renewed term are appropriate; 3
(e) the public interest will not be adversely affected by the 4
renewal. 5
`(2) The renewal may be granted for the further term of not more 6
than 5 years decided by the Minister. 7
`(3) The renewed licence is subject to-- 8
(a) any conditions prescribed under a regulation; and 9
(b) any conditions decided by the Minister, for the licence. 10
`(4) The Minister may refuse to renew the licence if the 11
Minister-- 12
(a) has served on the holder a notice in the approved form 13
asking the holder to show cause, within the period stated 14
in the notice, why the renewal should not be refused; 15
and 16
(b) after considering the holder's response, is satisfied the 17
renewal should be refused. 18
`(5) As soon as practicable after deciding the application for the 19
renewal, the Minister must give the holder a written notice 20
stating-- 21
(a) the decision; and 22
(b) if the decision is to grant the renewal on conditions, or 23
to refuse the renewal, the reasons for the decision. 24
`197B Chief executive must give copy of application to 25
EPA administering authority 26
`If the Minister renews a mineral development licence, the 27
chief executive must give the EPA administering authority a 28
copy of the application for the renewal within 5 business days 29
after the Minister is satisfied of the matters mentioned in 30
section 197A(1) concerning the licence. 31
s 24 28 s 24
Mineral Resources and Other Legislation Amendment
Bill 2004
`197C Continuation of licence while application being dealt 1
with 2
`(1) Subsection (2) applies if-- 3
(a) a properly made application for renewal of a mineral 4
development licence is not withdrawn, refused or 5
granted, before its expiry day ends; and 6
(b) after the expiry day, the holder-- 7
(i) continues to pay rental on the licence and other 8
amounts required to be paid under this Act; and 9
(ii) otherwise complies with this Act and the licence 10
conditions. 11
`(2) The licence continues in force subject to the rights, 12
entitlements and obligations in effect immediately before the 13
end of the expiry day until the application is withdrawn, 14
refused or granted. 15
`(3) In this section-- 16
properly made application, for renewal of a mineral 17
development licence, means an application that complies with 18
section 197(2). 19
`197D When term of renewed licence starts 20
`(1) If a mineral development licence is renewed before its expiry 21
day ends, the term of the renewed licence starts on the day 22
after the expiry day. 23
`(2) If the licence is renewed after the expiry day, the term of the 24
renewed licence is taken to have started on the day after the 25
expiry day. 26
`197E When new conditions of renewed licence start 27
`(1) If a renewed mineral development licence is subject to 28
conditions (the new conditions) different from, or not 29
included in, the licence conditions applying immediately 30
before its renewal, the new conditions apply from the later of 31
the following-- 32
s 25 29 s 26
Mineral Resources and Other Legislation Amendment
Bill 2004
(a) the start of the term of the renewed licence; 1
(b) the day the renewal is granted. 2
`(2) However, if the licence is continued in force under 3
section 197C, the holder must pay rental on the licence from 4
the day after its expiry day at the rate that would have been 5
payable, from time to time, if the renewed mineral 6
development licence had been renewed on the day after the 7
expiry day. 8
`(3) Subsection (2) applies even though payment of rental may be 9
a condition of the licence. 10
`197F Renewal of licence must be in name of last recorded 11
assignee 12
`(1) This section applies if an assignment of a mineral 13
development licence is approved and recorded under 14
section 198(6)-- 15
(a) after the date on which an application for renewal of the 16
licence is made; and 17
(b) before the application is decided by the Minister. 18
`(2) Any renewal granted on the application must be in the name 19
of the assignee under the last assignment approved and 20
recorded before the grant of the renewal.'. 21
Clause 25 Amendment of s 245 (Application for grant of mining 22
lease) 23
Section 245(1)(n)-- 24
omit. 25
Clause 26 Replacement of ss 248 and 249 26
Sections 248 and 249-- 27
omit, insert-- 28
s 26 30 s 26
Mineral Resources and Other Legislation Amendment
Bill 2004
`248 Applicant must obtain consent or views of existing 1
authority holders 2
`(1) This section applies if a person applies for a mining lease over 3
land-- 4
(a) covered by an existing exploration permit, mineral 5
development licence or mining lease (the existing 6
authority) held by someone else; or 7
(b) covered by, or in the area of, an existing geothermal 8
exploration permit (also the existing authority) held by 9
someone else. 10
`(2) The applicant must obtain the existing authority holder's 11
written consent to the application if the lease applied for is 12
over land covered by the existing authority and is for-- 13
(a) the same minerals as the existing authority; or 14
(b) a purpose mentioned in section 234(1)(b). 15
`(3) The applicant must obtain the existing authority holder's 16
written views on the application if-- 17
(a) the existing authority is an existing authority mentioned 18
in subsection (1)(a) and the lease applied for is for 19
different minerals to those covered by the existing 20
authority; or 21
(b) the existing authority is a geothermal exploration permit 22
and the lease applied for is over land covered by, or in 23
the area of, the existing authority. 24
`(4) If the existing authority holder's consent required under 25
subsection (2) is not lodged with the mining registrar before 26
the last objection day for the application ends, the application 27
can not be granted. 28
`(5) If the existing authority holder's views required under 29
subsection (3) are not lodged with the mining registrar before 30
the last objection day for the application ends, the applicant 31
must lodge with the mining registrar before the last objection 32
day ends a statutory declaration stating why the applicant can 33
not obtain the views. 34
s 26 31 s 26
Mineral Resources and Other Legislation Amendment
Bill 2004
`249 Later applicant must obtain consent or views of 1
earlier applicant if same land affected 2
`(1) This section applies if-- 3
(a) a person (the earlier applicant) makes an application to 4
the chief executive for an exploration permit, 5
geothermal exploration permit, mineral development 6
licence or mining lease over land; and 7
(b) someone else (the later applicant) makes a later 8
application to the mining registrar for a mining lease 9
over, or in the area of, land covered by the earlier 10
application. 11
`(2) The later applicant must obtain the earlier applicant's written 12
consent to the later application if the lease applied for in the 13
later application is over land covered by the earlier application 14
and for-- 15
(a) the same minerals as the earlier application; or 16
(b) a purpose mentioned in section 234(1)(b). 17
`(3) The later applicant must obtain the earlier applicant's written 18
views on the later application if-- 19
(a) the earlier application is for a mining tenement 20
mentioned in subsection (1)(a) and the lease applied for 21
in the later application is over land covered by the 22
earlier application and for different minerals to those 23
covered by the earlier application; or 24
(b) the earlier application is for a geothermal exploration 25
permit and the lease applied for in the later application 26
is over, or in the area of, land covered by the earlier 27
application. 28
`(4) The consent or views may be lodged with the mining registrar 29
before the earlier application is decided. 30
`(5) However, if the earlier application is decided by the grant of 31
the permit, licence or lease applied for, the consent or views 32
must be lodged with the mining registrar within 20 business 33
days after the permit, licence or lease is granted. 34
`(6) The mining registrar must not deal with the later application 35
until the earlier application is finally decided unless-- 36
s 27 32 s 27
Mineral Resources and Other Legislation Amendment
Bill 2004
(a) if the later application is for a lease mentioned in 1
subsection (2)--the earlier applicant's consent is lodged 2
with the mining registrar; or 3
(b) if the later application is for a lease over, or in the area 4
of, land covered by an earlier application for a 5
geothermal exploration permit-- 6
(i) the earlier applicant's views are lodged with the 7
mining registrar; and 8
(ii) the earlier applicant does not oppose the later 9
application. 10
`(7) In this section-- 11
application, for a geothermal exploration permit, means a 12
tender for the permit.'. 13
Clause 27 Replacement of s 265 (Mining registrar to fix hearing 14
date) 15
Section 265-- 16
omit, insert-- 17
`265 Referral of application and objections to tribunal 18
`(1) The mining registrar must, within 5 business days after the 19
last objection day for the application, refer the application and 20
all properly made objections to it to the tribunal for hearing. 21
`(2) The tribunal must fix a date for the hearing and immediately 22
give written notice of the date to each of the following-- 23
(a) the mining registrar; 24
(b) the applicant; 25
(c) the EPA administering authority; 26
(d) each person who has lodged a properly made objection 27
to the application. 28
`(3) The hearing date must be at least 20 business days after the 29
later of the following-- 30
(a) the last objection day for the application; 31
s 28 33 s 29
Mineral Resources and Other Legislation Amendment
Bill 2004
(b) the day a section 254 conference about the application 1
ends. 2
`(4) In this section-- 3
properly made objection means an objection lodged in 4
accordance with section 260.'. 5
Clause 28 Amendment of s 269 (Tribunal's recommendation on 6
hearing) 7
Section 269(4)(d), `shape; and'-- 8
omit, insert-- 9
`shape in relation to-- 10
(i) the matters mentioned in paragraphs (b) and (c); 11
and 12
(ii) the type and location of the activities proposed to 13
be carried out under the lease and their likely 14
impact on the surface of the land; and'. 15
Clause 29 Replacement of s 272 (Minister may remit to tribunal for 16
additional evidence) 17
Section 272-- 18
omit, insert-- 19
`272 Minister may remit to tribunal for additional evidence 20
`(1) This section applies if the Minister, under section 271(1)(c), 21
directs the tribunal to hold a hearing about an application for 22
the grant of a mining lease. 23
`(2) The tribunal must fix a date for the hearing and immediately 24
give written notice of the date to each of the following-- 25
(a) the mining registrar; 26
(b) the applicant; 27
(c) each person who has lodged an objection to the 28
application in accordance with section 260. 29
`(3) The date must be at least 20 business days after the day the 30
tribunal fixes the date.'. 31
s 30 34 s 32
Mineral Resources and Other Legislation Amendment
Bill 2004
Clause 30 Amendment of s 276 (Conditions of mining lease) 1
Section 276(1)(l), `the provisions of this Act'-- 2
omit, insert-- 3
`this Act and other mining legislation'. 4
Clause 31 Insertion of new s 279A 5
After section 279-- 6
insert-- 7
`279A Referral to tribunal of issue of compensation if not 8
settled within 3 months after term of lease ends 9
`(1) Subsection (2) applies if-- 10
(a) compensation is to be determined under 11
section 279(1)(a) for the renewal of a mining lease; and 12
(b) the compensation is not determined within 3 months 13
after the current term of the lease would, apart from 14
section 286C, end. 15
`(2) The mining registrar must refer the issue of compensation to 16
the tribunal for its determination. 17
`(3) The tribunal must fix a date for the hearing and immediately 18
give written notice of the date to each of the following-- 19
(a) the mining registrar; 20
(b) the applicant; 21
(c) each of the land owners involved in the determination 22
under section 279(1). 23
`(4) The date must be at least 20 business days after the day the 24
tribunal fixes the date. 25
`(5) The tribunal may hear and determine the matter as if the 26
referral were an application made under section 281.'. 27
Clause 32 Replacement of s 286 (Renewal of mining lease) 28
Section 286-- 29
omit, insert-- 30
s 32 35 s 32
Mineral Resources and Other Legislation Amendment
Bill 2004
`286 Application for renewal of mining lease 1
`(1) The holder of a mining lease, including a lease subject to a 2
condition mentioned in section 285, may, within the renewal 3
period, apply to the mining registrar for a renewal of the lease. 4
`(2) The application must be made in the approved form and 5
accompanied by the information and the fee prescribed under 6
a regulation. 7
`(3) In this section-- 8
renewal period means the period that is-- 9
(a) at least 6 months, or any shorter period allowed by the 10
Minister in the particular case, before the current term of 11
the lease expires; and 12
(b) not more than 1 year before the current term expires. 13
`286A Decision on application 14
`(1) Subject to part 17, division 5, the Governor in Council may
4
15
grant an application for the renewal of a mining lease if the 16
Minister is satisfied of each of the following-- 17
(a) the holder has complied with-- 18
(i) the terms of the lease; and 19
(ii) this Act in relation to the lease; 20
(b) the land the subject of the lease-- 21
(i) still contains workable quantities of mineral or 22
mineral bearing ore; or 23
(ii) is otherwise required for purposes for which the 24
lease was granted; 25
(c) the proposed term of the renewed lease is appropriate; 26
(d) having regard to the current and prospective uses of the 27
land comprised in the lease, the operations to be carried 28
on during the renewed term of the lease-- 29
4 Part 17 (Native title provisions for mining leases), division 5 (Renewals of mining
leases)
s 32 36 s 32
Mineral Resources and Other Legislation Amendment
Bill 2004
(i) are an appropriate land use; and 1
(ii) will conform with sound land use management; 2
(e) the land and surface area for which the renewal is sought 3
is of an appropriate size and shape in relation to the 4
activities proposed to be carried out; 5
(f) the financial and technical resources available to the 6
holder to carry on mining operations under the renewed 7
lease are appropriate; 8
(g) the public interest will not be adversely affected by the 9
renewal; 10
(h) for a lease subject to a condition mentioned in 11
section 285--the lease should be renewed. 12
`(2) If the application is for a lease subject to a condition 13
mentioned in section 285, the Minister must advise the 14
Governor in Council of the fact. 15
`(3) The renewal may be granted for the further term, decided by 16
the Governor in Council, that is not longer than the period for 17
which compensation has been agreed or determined under 18
section 279, 281 or 282. 19
`(4) The renewed lease is subject to-- 20
(a) any conditions prescribed under a regulation; and 21
(b) any conditions decided by the Governor in Council. 22
`(5) The Minister may refuse the application if the Minister-- 23
(a) has served on the holder a notice in the approved form 24
asking the holder to show cause, within the period stated 25
in the notice, why the application should not be refused; 26
and 27
(b) after considering the holder's response, is satisfied the 28
application should be refused. 29
`(6) As soon as practicable after deciding the application, the 30
Minister must give the holder a written notice stating-- 31
(a) the decision; and 32
s 32 37 s 32
Mineral Resources and Other Legislation Amendment
Bill 2004
(b) if the decision is to recommend the grant of the renewal 1
on conditions, or to refuse to recommend the grant of 2
the renewal, the reasons for the decision. 3
`286B Chief executive must give copy of application to EPA 4
administering authority 5
`If the Minister approves an application for renewal of a 6
mining lease, the chief executive must give the EPA 7
administering authority a copy of the application within 8
5 business days after the Minister is satisfied of the matters 9
mentioned in section 286A(1) concerning the lease. 10
`286C Continuation of lease while application being dealt 11
with 12
`(1) Subsection (2) applies if-- 13
(a) a properly made application for renewal of a mining 14
lease is not withdrawn, refused or granted before the 15
lease's expiry day ends; and 16
(b) after the expiry day, the holder-- 17
(i) continues to pay rental on the lease and other 18
amounts required to be paid under this Act; and 19
(ii) otherwise complies with this Act and the lease 20
conditions. 21
`(2) The lease continues in force subject to the rights, entitlements 22
and obligations in effect immediately before the end of the 23
expiry day until the application is withdrawn, refused or 24
granted. 25
`286D When term of renewed lease starts 26
`(1) If a mining lease is renewed before its expiry day ends, the 27
term of the renewed lease starts on the day after the expiry 28
day. 29
`(2) If the lease is renewed after the expiry day, the term of the 30
renewed lease is taken to have started on the day after the 31
expiry day. 32
s 33 38 s 33
Mineral Resources and Other Legislation Amendment
Bill 2004
`286E When new conditions of renewed lease start 1
`(1) If a renewed mining lease is subject to conditions (the new 2
conditions) different from, or not included in, the lease 3
conditions applying immediately before its renewal, the new 4
conditions apply from the later of the following-- 5
(a) the start of the term of the renewed lease; 6
(b) the day the renewal is granted. 7
`(2) However, if the lease is continued in force under 8
section 286C, the holder must pay rental on the lease from the 9
day after its expiry day at the rate that would have been 10
payable, from time to time, if the renewed mining lease had 11
been renewed on the day after the expiry day. 12
`(3) Subsection (2) applies even though payment of rental may be 13
a condition of the lease. 14
`286F Renewal of lease must be in name of last recorded 15
assignee 16
`(1) This section applies if an assignment of a mining lease is 17
approved and recorded under section 300(8)-- 18
(a) after the date on which an application for renewal of the 19
lease is made; and 20
(b) before the application is disposed of by the Minister. 21
`(2) Any renewal granted on the application must be in the name 22
of the assignee under the last assignment approved and 23
recorded before the grant of the renewal.'. 24
Clause 33 Amendment of s 288 (Holder to notify owner of grant or 25
renewal of mining lease) 26
(1) Section 288(2), `28 days'-- 27
omit, insert-- 28
`20 business days'. 29
(2) Section 288-- 30
insert-- 31
s 34 39 s 36
Mineral Resources and Other Legislation Amendment
Bill 2004
`(3) If the lease is for a purpose mentioned in section 234(1)(b),5 1
the reference in subsection (1) to the owner of land includes 2
the holder of an exploration permit, mineral development 3
licence or mining lease over the land.'. 4
Clause 34 Omission of s 315 (Approval of additional activities upon 5
mining lease application) 6
Section 315-- 7
omit. 8
Clause 35 Amendment of s 316 (Mining lease for transportation 9
through land) 10
(1) Section 316(1), after `holds'-- 11
insert-- 12
`, or is an applicant for,'. 13
(2) Section 316(1)(a), after `transport'-- 14
insert-- 15
`, or road'. 16
(3) Section 316(4), `7 days'-- 17
omit, insert-- 18
`5 business days'. 19
Clause 36 Amendment of s 317 (Variation of access to mining lease 20
land) 21
(1) Section 317(3), from `thereto'-- 22
omit, insert-- 23
`to the use, the mining registrar must refer the issue of consent 24
to the tribunal for its consideration.'. 25
(2) Section 317(4)-- 26
omit, insert-- 27
5 Section 234 (Governor in Council may grant mining lease)
s 37 40 s 37
Mineral Resources and Other Legislation Amendment
Bill 2004
`(4) The tribunal must fix a date for the hearing and immediately 1
give written notice of the date to each of the following-- 2
(a) the mining registrar; 3
(b) the applicant; 4
(c) the land owner. 5
`(4A) The date must be at least 20 business days after the day the 6
tribunal fixes the hearing date.'. 7
Clause 37 Replacement of pt 8 (Effect on planning provisions) 8
Part 8-- 9
omit, insert-- 10
`Part 8 Relationship with Integrated 11
Planning Act 1997 12
`319 Effect on development 13
`(1) Subject to subsection (2), the Planning Act does not apply to 14
development authorised under this Act. 15
`(2) For administering IDAS under the Heritage Act, the Planning 16
Act applies to a registered place under the Heritage Act even 17
if development of the place is authorised under this Act. 18
`319A Effect on planning schemes 19
`(1) This section applies if a mining claim, mineral development 20
licence or mining lease (the mining tenement) is granted or 21
renewed. 22
`(2) The mining registrar for the land covered by the mining 23
tenement must give notice of the details of the tenement to-- 24
(a) each local government in whose area the land is 25
situated; and 26
(b) the chief executive (planning). 27
s 38 41 s 39
Mineral Resources and Other Legislation Amendment
Bill 2004
`(3) An entity given a notice under subsection (2) must make a 1
note on each relevant map in the local government's planning 2
scheme held by the entity. 3
`(4) The note must-- 4
(a) identify the land covered by the mining tenement; and 5
(b) state that the Planning Act does not apply to 6
development on the land authorised under this Act, other 7
than for administering IDAS under the Heritage Act, in 8
relation to a registered place under the Heritage Act; and 9
(c) state that interested persons may obtain details of the 10
mining tenement from-- 11
(i) for a mining claim or lease--the mining registrar 12
for the land covered by the claim or lease; or 13
(ii) for a mineral development licence--the chief 14
executive of the department in which this Act is 15
administered. 16
`(5) In this section-- 17
chief executive (planning) means the chief executive of the 18
department in which the Planning Act is administered.'. 19
Clause 38 Amendment of s 322 (Minister may request audit) 20
Section 322(1)(b)-- 21
omit, insert-- 22
`(b) a suitably qualified public service officer who carries 23
out duties in the administration of this Act or another 24
suitably qualified person engaged to carry out the 25
duties;'. 26
Clause 39 Replacement of s 388 (Notification of change of address 27
etc.) 28
Section 388-- 29
omit, insert-- 30
s 40 42 s 42
Mineral Resources and Other Legislation Amendment
Bill 2004
`388 Notice of change of address for service 1
`(1) Subsection (2) applies to a person who, under this Act, gives 2
the Minister, the chief executive or a mining registrar 3
(each the official) the person's address for service. 4
`(2) If the address for service changes during the time it may be 5
required under this Act, the person must immediately notify, 6
in the approved form, the official to whom it was given. 7
`(3) In this section-- 8
address for service, for a person, means the person's address, 9
or the name and address of someone else, for service of 10
notices on the person.'. 11
Clause 40 Amendment of s 391 (Restriction on grants etc.) 12
Section 391(e), after `specified'-- 13
insert-- 14
`department,'. 15
Clause 41 Insertion of new s 391B 16
After section 391A-- 17
insert-- 18
`391B Right of access for authorised activities includes 19
access for rehabilitation and environmental 20
management 21
`If, under this part, a mining tenement holder has the right to 22
enter land to carry out authorised activities for the tenement, 23
the right includes the right to enter the land to carry out 24
rehabilitation or environmental management required of the 25
holder under any relevant environmental requirement under 26
the Environmental Protection Act.'. 27
Clause 42 Amendment of s 399 (Mode of service of documents) 28
(1) Section 399(2), after `registrar,'-- 29
insert-- 30
s 43 43 s 43
Mineral Resources and Other Legislation Amendment
Bill 2004
`deputy mining registrar,'. 1
(2) Section 399(2)(c), before `post'-- 2
insert-- 3
`registered'. 4
(3) Section 399-- 5
insert-- 6
`(5) In this section-- 7
registered post means a type of post that requires the 8
recipient's signature as proof of receipt.'. 9
Clause 43 Insertion of new ss 404A404D 10
After section 404-- 11
insert-- 12
`404A Distance of excavation from railway works 13
`(1) This section applies if railway works for a railway are in, on 14
or near the land to which a mining claim or mining lease 15
relates. 16
`(2) The holder of the mining claim or mining lease must not 17
excavate the land less than 12 m horizontally, or 15 m 18
vertically, from the railway works. 19
Maximum penalty--200 penalty units. 20
`(3) However, subsection (2) does not apply if the holder-- 21
(a) has written consent from the chief executive officer of 22
Queensland Rail;6 and 23
(b) has lodged the consent with the mining registrar. 24
`(4) In this section-- 25
railway works, for a railway, means works erected or placed 26
for the railway, and includes, for example, a bridge, culvert, 27
cutting, drain, embankment or pier. 28
6 Queensland Rail is a GOC established under the Government Owned Corporations
(Queensland Rail) Regulation 1995, section 6.
s 43 44 s 43
Mineral Resources and Other Legislation Amendment
Bill 2004
`404B Interference with particular things 1
`(1) A person must not, unless the person has a reasonable excuse, 2
interfere with any of the following-- 3
(a) a post, cairn of stones or other thing (a boundary 4
marker), used for marking out the boundary of the land 5
to which an application for a mining claim or mining 6
lease relates; 7
(b) a certificate of public notice placed, under 8
section 64B(2)(a) or 252B(1)(a)7, on a post or cairn of 9
stones; 10
(c) a number (a marked number) marked or engraved, 11
under section 64B(2)(b) or 252B(1)(b), on a post or 12
cairn of stones; 13
(d) a survey mark placed on the land to which an 14
application for a mining claim, mineral development 15
licence or mining lease relates. 16
Maximum penalty--200 penalty units. 17
`(2) For subsection (1), it is a reasonable excuse for a person to 18
interfere with a boundary marker, certificate of public notice 19
or marked number, if the marker, certificate or number is no 20
longer required under this Act. 21
`(3) In this section-- 22
interfere with, a boundary marker, certificate of public notice, 23
marked number or survey mark, includes damage, destroy or 24
remove the marker, certificate, number or mark. 25
`404C Information requirements for holders of mining 26
tenements 27
`(1) The following person may, by giving a holder of a mining 28
tenement a notice, require the holder to provide information 29
about the tenement and activities carried on under the 30
tenement-- 31
7 Section 64B (Applicant's obligations for certificate of public notice) or
252B (Applicant's obligations for certificate of public notice)
s 43 45 s 43
Mineral Resources and Other Legislation Amendment
Bill 2004
(a) for a mining claim--a mining registrar; 1
(b) for another mining tenement--the chief executive. 2
`(2) The notice must state-- 3
(a) the information that must be provided; and 4
(b) how the information must be provided; and 5
(c) the day by which the information must be provided. 6
`(3) Subject to section 342(11),8 the holder must comply with the 7
notice. 8
Maximum penalty--200 penalty units. 9
`(4) The chief executive may-- 10
(a) use the information to produce statistics and other data; 11
and 12
(b) publish the statistics and other data produced under 13
paragraph (a). 14
`(5) However, the use or publication mentioned in subsection (4) 15
must not relate to an exempt matter under the Freedom of 16
Information Act 1992. 17
`404D False or misleading document 18
`(1) A person must not give the chief executive or a mining 19
registrar (the recipient) a document containing information 20
the person knows is false or misleading in a material 21
particular. 22
Maximum penalty--200 penalty units. 23
`(2) Subsection (1) does not apply to a person if the person, when 24
giving the document-- 25
(a) tells the recipient, to the best of the person's ability, how 26
it is false or misleading; and 27
(b) if the person has, or can reasonably obtain, the correct 28
information--gives the correct information. 29
8 Section 342 (Powers of mining registrars and others).
s 44 46 s 44
Mineral Resources and Other Legislation Amendment
Bill 2004
`(3) In a proceeding for an offence against subsection (1), it is 1
enough to state the document was `false or misleading' to the 2
person's knowledge, without specifying which.'. 3
Clause 44 Insertion of new pt 19, div 6 4
After section 738-- 5
insert-- 6
`Division 6 Transitional provisions for Mineral 7
Resources and Other Legislation 8
Amendment Act 2004 9
`739 Application of particular provisions 10
`(1) Each of sections 81, 138(2) to (4), 139, 141, 194 and 276, as 11
amended, applies to the mining tenement mentioned in the 12
section whether the tenement is granted before or after the 13
commencement of the amendment. 14
`(2) Each of sections 85 and 93(3)(c), as amended, applies to an 15
application for renewal of a mining claim made, but not 16
decided, before the commencement of the amendment. 17
`(3) Each of sections 85A and 279A applies if-- 18
(a) the circumstances mentioned in subsection (1)(a) of the 19
section arise before the commencement of the section; 20
and 21
(b) the 3 month period mentioned in subsection (1)(b) of the 22
section ends after the commencement. 23
`(4) Section 137(3)(h) applies to an exploration permit applied for 24
before, but granted after, the commencement of the provision. 25
`(5) Each of sections 133, 147, 197 and 286 as in force 26
immediately before the section's amendment continues to 27
apply, despite the amendment, in relation to applications 28
made, but not decided, before the amendment. 29
`(6) Section 144, as amended, applies in relation to a 30
determination made by the Minister under section 144(1) after 31
the commencement of the amendment, even if the application 32
s 45 47 s 45
Mineral Resources and Other Legislation Amendment
Bill 2004
for the grant or renewal mentioned in the section was made 1
before the commencement. 2
`(7) Section 269, as amended, applies in relation to an application 3
for the grant of a mining lease made before the 4
commencement of the amendment if the tribunal's 5
recommendation is made after the commencement. 6
`(8) In this section-- 7
amended means amended or repealed by the amending Act. 8
amending Act means the Mineral Resources and Other 9
Legislation Amendment Act 2004.'. 10
Clause 45 Amendment of schedule (Dictionary) 11
(1) Schedule-- 12
insert-- 13
`deputy mining registrar means a person employed as a 14
deputy mining registrar under section 336(1). 15
development means development as defined under the 16
Planning Act. 17
expiry day, for a mining tenement, means the day the 18
tenement expires under its terms. 19
Heritage Act means the Queensland Heritage Act 1992. 20
IDAS, see the Planning Act, section 3.1.1. 21
other mining legislation means the following-- 22
(a) Coal Mining Safety and Health Act 1999; 23
(b) Explosives Act 1999; 24
(c) Fossicking Act 1994; 25
(d) Mining and Quarrying Safety and Health Act 1999; 26
(e) Petroleum Act 1923; 27
(f) Petroleum and Gas (Production and Safety) Act 2004. 28
Planning Act means the Integrated Planning Act 1997. 29
refuse includes reject. 30
s 46 48 s 48
Mineral Resources and Other Legislation Amendment
Bill 2004
register means a register maintained under section 387.'. 1
(2) Schedule, definition mining registrar-- 2
omit, insert-- 3
`mining registrar means-- 4
(a) for a mining district--a person employed as a mining 5
registrar under section 336(1) and assigned to the 6
district; or 7
(b) for land or a mining tenement over land--the mining 8
registrar for the mining district in which the land is 9
situated.'. 10
Part 3 Amendment of Aboriginal Land 11
Act 1991 12
Clause 46 Act amended in pt 3 13
This part amends the Aboriginal Land Act 1991. 14
Clause 47 Amendment of s 39 (Permitted dealings with transferred 15
land) 16
Section 39(2)-- 17
insert-- 18
`(e) enter into a conservation agreement under the Nature 19
Conservation Act 1992, section 45, in relation to the 20
land.'. 21
Clause 48 Insertion of new pt 10 22
After section 138-- 23
insert-- 24
`Part 10 Validation provision 25
s 49 49 s 50
Mineral Resources and Other Legislation Amendment
Bill 2004
`139 Existing conservation agreements 1
`(1) This section applies to a conservation agreement in relation to 2
transferred land entered into, or purportedly entered into, 3
under the Nature Conservation Act 1992, section 45, by the 4
grantees of the land before the commencement of 5
section 39(2)(e) of this Act. 6
`(2) The agreement is taken to be, and always to have been, valid.'. 7
Part 4 Amendment of Coal and Oil 8
Shale Mine Workers' 9
Superannuation Act 1989 10
Clause 49 Act amended in pt 4 11
This part amends the Coal and Oil Shale Mine Workers' 12
Superannuation Act 1989. 13
Clause 50 Amendment of s 2 (Definitions) 14
(1) Section 2, definition superannuation fund-- 15
omit. 16
(2) Section 2-- 17
insert-- 18
`merger day means the day the Queensland Coal and Oil 19
Shale Mining Industry Superannuation Fund merges with 20
another fund to form AUSCOAL Superannuation Fund. 21
superannuation fund means-- 22
(a) until the merger day--the Queensland Coal and Oil 23
Shale Mining Industry Superannuation Fund; or 24
(b) on and from the merger day--AUSCOAL 25
Superannuation Fund.'. 26
s 51 50 s 53
Mineral Resources and Other Legislation Amendment
Bill 2004
Clause 51 Amendment of s 3 (Meaning of mine worker) 1
Section 3(3)(b)(ii) and (4)(b)(ii)-- 2
omit, insert-- 3
`(ii) the Coal Mining Industry (Staff) Award, 2004; 4
and'. 5
Clause 52 Replacement of pt 3 heading 6
Part 3, heading-- 7
omit, insert-- 8
`Part 3 Transitional provisions 9
`Division 1 Transitional provision for Mining 10
and Other Legislation Amendment 11
Act 2000'. 12
Clause 53 Insertion of new pt 3, div 2 13
Part 3-- 14
insert-- 15
`Division 2 Transitional provision for Mineral 16
Resources and Other Legislation 17
Amendment Act 2004 18
`6 References to superannuation fund from merger day 19
until the commencement 20
`(1) This section applies if the merger day is earlier than the 21
commencement of this section. 22
`(2) For the period starting on the merger day and ending 23
immediately before the commencement, a reference in this 24
Act to the superannuation fund is taken to have been a 25
reference to AUSCOAL Superannuation Fund.'. 26
s 54 51 s 57
Mineral Resources and Other Legislation Amendment
Bill 2004
Part 5 Amendment of Fossicking 1
Act 1994 2
Clause 54 Act amended in pt 5 3
This part amends the Fossicking Act 1994. 4
Clause 55 Amendment of s 3 (Definitions) 5
(1) Section 3-- 6
insert-- 7
`deputy mining registrar see section 8(1).'. 8
(2) Section 3, definition authorised officer-- 9
insert-- 10
`(ba) a deputy mining registrar; or'. 11
(3) Section 3 definition issuing officer-- 12
insert-- 13
`(ba) a deputy mining registrar; or'. 14
Clause 56 Amendment of s 8 (Meaning of expressions used in this 15
and other Acts) 16
Section 8(1)-- 17
insert-- 18
`· deputy mining registrar'. 19
Part 6 Amendment of Geothermal 20
Exploration Act 2004 21
Clause 57 Act amended in pt 6 22
This part amends the Geothermal Exploration Act 2004. 23
s 58 52 s 61
Mineral Resources and Other Legislation Amendment
Bill 2004
Clause 58 Amendment of s 10 (Graticulation of earth's surface into 1
"blocks" and "sub-blocks") 2
Section 10(4)-- 3
omit, insert-- 4
`(4) Each block and sub-block must be identified in the way 5
approved by the chief executive.'. 6
Clause 59 Omission of s 14 (Prohibition on geothermal extraction) 7
Section 14-- 8
omit. 9
Clause 60 Amendment of s 33 (Term of permit) 10
Section 33(2), from `must'-- 11
omit, insert-- 12
`must not be for more than 5 years after it is granted.'. 13
Clause 61 Amendment of s 39 (Taking, interfering with and using 14
water for geothermal exploration) 15
Section 39(1), from `the water'-- 16
omit, insert-- 17
`the taking, interference or use-- 18
(a) happens during-- 19
(i) the carrying out of geothermal exploration in the 20
area of the permit; or 21
(ii) the compliance with a requirement or condition 22
mentioned in section 97(1);9 and 23
(b) is reasonably unavoidable.'. 24
9 Section 97 (Entry authority to comply with requirement after permit ceases or area
reduced)
s 62 53 s 63
Mineral Resources and Other Legislation Amendment
Bill 2004
Clause 62 Insertion of new ss 39A and 39B 1
Chapter 4, part 1-- 2
insert-- 3
`39A Taking samples in geothermal exploration 4
`(1) To remove any doubt, it is declared that the right of a permit 5
holder under section 35 includes the right of the holder or an 6
authorised person for the permit to take samples of materials 7
from any part of the area of the permit in which geothermal 8
exploration may, under section 35, be carried out. 9
`(2) However, subsection (1) applies only to the extent that the 10
taking of the samples is necessary for geothermal exploration 11
in the area of the permit. 12
`39B Ownership of samples taken in geothermal 13
exploration 14
`Subject to section 107,10 samples of materials necessarily 15
taken for geothermal exploration by a permit holder or an 16
authorised person for the permit in compliance with this Act 17
become the property of the permit holder when they are 18
taken.'. 19
Clause 63 Insertion of new ss 49A and 49B 20
After section 49-- 21
insert-- 22
`49A Public release of required information 23
`(1) The mere fact of the existence of a geothermal exploration 24
permit is taken to be an authorisation from its holder to the 25
chief executive to do the following, after the end of any 26
confidentiality period prescribed under a regulation-- 27
(a) publish, in the way prescribed under a regulation, 28
required information for the permit for public use, 29
including, for example, to support geothermal 30
exploration; 31
10 Section 107 (Direction to give samples)
s 64 54 s 66
Mineral Resources and Other Legislation Amendment
Bill 2004
(b) on payment of a fee prescribed under a regulation, make 1
the information available to any person. 2
`(2) Any confidentiality period mentioned in subsection (1) ends if 3
the information is about an authorised activity carried out 4
solely in an area that is no longer in the area of the permit. 5
`(3) The authorisation is not affected by the ending of the permit. 6
`(4) In this section-- 7
authorised activity, for a geothermal exploration permit, is an 8
activity that its holder is, under this Act or the permit, entitled 9
to carry out in relation to the permit. 10
`49B Chief executive may use required information 11
`The mere fact of the existence of a geothermal exploration 12
permit is also taken to be an authorisation from its holder to 13
the chief executive to use required information for the permit 14
for-- 15
(a) purposes reasonably related to this Act that are required 16
for the permit; or 17
(b) the services of the State.'. 18
Clause 64 Amendment of s 53 (Power to use security) 19
Section 53(1), after `used'-- 20
insert-- 21
`by the State'. 22
Clause 65 Amendment of s 55 (Replenishment of security) 23
Section 55(2)(b), after `permit'-- 24
insert-- 25
`in the form and'. 26
Clause 66 Insertion of new ss 55A and 55B 27
After section 55-- 28
s 66 55 s 66
Mineral Resources and Other Legislation Amendment
Bill 2004
insert-- 1
`55A Replacement of security 2
`(1) This section applies if-- 3
(a) the security for a geothermal exploration permit is given 4
by way of a bond, guarantee or indemnity by, or other 5
financial arrangement with, a financial institution, 6
insurance company or credit provider (an external 7
security provider); and 8
(b) the external security provider is or becomes subject to 9
any action taken by or against it, or any holding 10
company of it, that may result in the external security 11
provider becoming an externally-administered body 12
corporate. 13
`(2) The Minister may, by written notice given to the permit 14
holder, direct the holder to replace the security in the form and 15
up to the amount prescribed under section 31. 16
`(3) On the replacement of the security, the security held for the 17
permit immediately before the replacement must be refunded 18
to the external security provider. 19
`55B Security not affected by change in permit holder 20
`(1) This section applies if security is given for a geothermal 21
exploration permit that is still in force and there is a 22
subsequent change in the permit holder. 23
`(2) Despite the change, the security, and any interest that accrues 24
on it, continues for the benefit of the State and may be used 25
under section 53. 26
`(3) The permit holder's name as stated in any instrument under 27
which the security was given is taken to have been changed to 28
reflect the change. 29
`(4) If the security is in the form of money, until the security is 30
replaced or refunded it continues for the holder from time to 31
time of the permit.'. 32
s 67 56 s 69
Mineral Resources and Other Legislation Amendment
Bill 2004
Clause 67 Amendment of s 56 (Retention of security) 1
Section 56-- 2
insert-- 3
`(3) Subsection (4) applies if the security was given by way of a 4
bond, guarantee or indemnity by, or other financial 5
arrangement with, a financial institution, insurance company 6
or credit provider (an external security provider). 7
`(4) The security, or part of it, refundable under this section must 8
be refunded to the external security provider.'. 9
Clause 68 Amendment of s 58 (Deciding application) 10
(1) Section 58(1)-- 11
omit, insert-- 12
`(1) This section applies subject to-- 13
(a) any additional requirements under subdivisions 2 to 6 14
for the deciding of the application or the taking effect of 15
the decision; and 16
(b) section 133A.11'. 17
Clause 69 Amendment of s 61 (Making application) 18
(1) Section 61(1)(c), `period'-- 19
omit, insert-- 20
`time'. 21
(2) Section 61(1)-- 22
insert-- 23
`(d) the time-- 24
(i) has ended; or 25
(ii) unless deferred, ends within 20 business days after 26
the application is made.'. 27
11 Section 133A (Dealing with application that is not a properly made application)
s 70 57 s 72
Mineral Resources and Other Legislation Amendment
Bill 2004
(3) Section 61-- 1
insert-- 2
`(4) In this section-- 3
previous application does not include an application that is 4
not a properly made application.'. 5
Clause 70 Amendment of s 63 (Making application) 6
(1) Section 63(1)(a)-- 7
omit, insert-- 8
`(a) a previous application has been made to defer the 9
compliance for the giving of the report or samples; or'. 10
(2) Section 63(1)-- 11
insert-- 12
`(c) the time for the compliance-- 13
(i) has ended; or 14
(ii) unless deferred, ends within 20 business days after 15
the application is made.'. 16
(3) Section 63-- 17
insert-- 18
`(4) In this section-- 19
previous application does not include an application that is 20
not a properly made application.'. 21
Clause 71 Amendment of s 65 (Making application) 22
Section 65, after `surrender', first mention-- 23
insert-- 24
`all or part of'. 25
Clause 72 Amendment of s 82 (Power of and procedure for 26
immediate suspension) 27
Section 82(1), `a limited'-- 28
s 73 58 s 74
Mineral Resources and Other Legislation Amendment
Bill 2004
omit, insert-- 1
`an immediate'. 2
Clause 73 Amendment of s 92 (Waiver by chief executive of 3
requirement) 4
(1) Section 92(1), `, in the approved form,'-- 5
omit. 6
(2) Section 92(3), `The'-- 7
omit, insert-- 8
`(3) Subject to section 133A,12 the'. 9
(3) Section 92(6), from `practicable'-- 10
omit, insert-- 11
`practicable after the decision is made, give the applicant an 12
information notice about the decision.'. 13
Clause 74 Insertion of new ch 5, pt 5 14
Chapter 5-- 15
insert-- 16
`Part 5 Public roads 17
`Division 1 Preliminary 18
`97A Significant projects excluded from div 1 19
`This division does not apply for a geothermal exploration 20
permit that is, or is included in, a project declared under the 21
State Development and Public Works Organisation Act 1971, 22
section 26, to be a significant project. 23
12 Section 133A (Dealing with application that is not a properly made application)
s 74 59 s 74
Mineral Resources and Other Legislation Amendment
Bill 2004
`97B What is a notifiable road use 1
`(1) A notifiable road use, for a geothermal exploration permit, 2
is-- 3
(a) the use of a public road in the area of the permit for 4
transport relating to a seismic survey or drilling activity; 5
or 6
(b) the use of a public road at more than the threshold rate if 7
the haulage relates to the transportation of equipment, 8
plant or materials used for activities authorised under 9
the permit. 10
`(2) Subsection (1)(b) applies even if the road is not on land in the 11
area of the permit. 12
`(3) In this section-- 13
threshold rate means-- 14
(a) for a State-controlled road--50 000 t a year; or 15
(b) for another public road--10 000 t a year. 16
`Division 2 Notifiable road uses 17
`97C Notice of notifiable road use 18
`(1) It is a condition of a geothermal exploration permit that its 19
holder must not use a public road for a notifiable road use 20
unless the holder has given the public road authority for the 21
road notice that the holder proposes to carry out the use.13 22
`(2) The notice must-- 23
(a) be given-- 24
(i) at least 10 business days before the use starts; or 25
(ii) within a shorter period agreed to by the public road 26
authority in writing; and 27
(b) state each of the following-- 28
13 See also section 97K (Compensation to be addressed before carrying out notifiable
road use).
s 74 60 s 74
Mineral Resources and Other Legislation Amendment
Bill 2004
(i) the public road proposed to be used; 1
(ii) the type of haulage under the use; 2
3
Example of type of haulage--
4
· vehicle type
5
· material hauled
(iii) the total weight of material proposed to be hauled; 6
(iv) when the use is proposed to start and end; 7
(v) the frequency of vehicle movements; 8
(vi) contact details for the holder or someone else the 9
holder has authorised to discuss the matters stated 10
in the notice. 11
`97D Directions about notifiable road use 12
`(1) The public road authority for a public road may, by written 13
notice, give a geothermal exploration permit holder a 14
direction (a road use direction) about the way the holder may 15
use the road for notifiable road uses being carried out, or 16
proposed to be carried out, by the holder. 17
`(2) The direction must-- 18
(a) be reasonable; and 19
(b) only be about-- 20
(i) preserving the condition of the road; or 21
(ii) the safety of road-users or the public; and 22
(c) be accompanied by, or include, an information notice 23
about the decision to give the direction. 24
25
Examples of what a direction may be about--
26
· when the road may be used
27
· the route for the movement of heavy vehicles
28
· safety precautions the holder must take
`(3) The direction may also require the holder to-- 29
s 74 61 s 74
Mineral Resources and Other Legislation Amendment
Bill 2004
(a) carry out an assessment of the impacts likely to arise 1
from the notifiable road use the subject of the notice; 2
and 3
(b) consult with the public road authority in carrying out the 4
assessment. 5
`(4) However-- 6
(a) an assessment can not be required if the notifiable road 7
use is transport relating to a seismic survey or drilling 8
activity; and 9
(b) the public road authority can not require an assessment 10
of an impact to the extent it has already been assessed 11
under an EIS under the Environmental Protection 12
Act 1994, or a similar document under another Act. 13
`97E Obligation to comply with road use directions 14
`It is a condition of a geothermal exploration permit that its 15
holder must comply with any road use direction given to the 16
holder relating to the permit, unless the holder has a 17
reasonable excuse. 18
`Division 3 Compensation for notifiable road 19
uses 20
`97F Liability to compensate public road authority 21
`(1) The holder of a geothermal exploration permit is liable to 22
compensate the public road authority for a public road for any 23
cost, damage or loss it incurs, or will incur, that is or will be 24
caused by notifiable road uses carried out by the holder that 25
relate to the road. 26
27
Examples of a possible cost for subsection (1)--
28
· repair costs to rectify damage to the road caused, or that will be
29
caused, by any of the uses
30
· capital costs for unplanned upgrades of the road incurred, or that
31
will be incurred, because of any of the uses
s 74 62 s 74
Mineral Resources and Other Legislation Amendment
Bill 2004
1
· bring-forward costs, including interest charges, for a planned
2
upgrade of the road that, because of any of the uses, is or will be
3
required earlier than planned
`(2) The holder's liability under subsection (1) is the holder's 4
compensation liability to the public road authority. 5
`(3) The compensation liability-- 6
(a) applies whether or not the holder has, under 7
section 97C, given notice of the use; and 8
(b) is subject to section 97L;14 and 9
(c) is in addition to, and does not limit or otherwise affect, 10
the holder's liability under another provision of this Act 11
about compensating the public road authority or anyone 12
else. 13
`97G Compensation agreement 14
`(1) A geothermal exploration permit holder and the public road 15
authority for a public road may enter into an agreement 16
(a compensation agreement) about the holder's compensation 17
liability to the public road authority relating to the road. 18
`(2) A compensation agreement may relate to all or part of the 19
liability. 20
`(3) A compensation agreement must-- 21
(a) be signed by, or for, the holder and the public road 22
authority; and 23
(b) state whether it is for all or part of the liability; and 24
(c) if it is for only part of the liability, state-- 25
(i) each part of the notifiable road use to which the 26
agreement relates; and 27
(ii) the period for which the agreement has effect; and 28
(d) provide for how and when the liability will be met. 29
`(4) A compensation agreement may provide for-- 30
14 Section 97L (Compensation not affected by change in administration or holder)
s 74 63 s 74
Mineral Resources and Other Legislation Amendment
Bill 2004
(a) monetary or non-monetary compensation; or 1
(b) a process by which it may be amended or enforced. 2
3
Example--
4
A compensation agreement may provide for compensation under it to be
5
reviewed on the happening of a material change in circumstances for the
6
permit, including a significant decrease or increase in the extent of the
7
relevant notifiable road use.
`(5) Subsections (2) to (4) do not limit the matters that may be 8
provided for in a compensation agreement. 9
`97H Deciding compensation through tribunal 10
`(1) The public road authority for a public road or a geothermal 11
exploration permit holder may make an application 12
(a compensation application) to the tribunal for it to decide 13
the holder's compensation liability to the public road authority 14
relating to the road. 15
`(2) The tribunal may decide the compensation liability only to the 16
extent it is not subject to a compensation agreement. 17
`(3) In making the decision, the tribunal may have regard to 18
whether the applicant has attempted to mediate or negotiate 19
the compensation liability. 20
`97I Criteria for decision 21
`(1) The criteria the tribunal must consider, in deciding a 22
compensation application, include-- 23
(a) the reasonableness of the cost, damage or loss claimed; 24
and 25
(b) if the public road authority is a local government--the 26
extent to which the cost, damage or loss claimed has 27
been, will be or ought reasonably to be or to have been, 28
paid from-- 29
(i) amounts the geothermal exploration permit holder 30
has paid, or agreed to pay, the public road authority 31
for notifiable road uses; or 32
s 74 64 s 74
Mineral Resources and Other Legislation Amendment
Bill 2004
(ii) fees and charges under the Local Government 1
Act 1993 paid or payable by the holder to the 2
public road authority; and 3
(c) any other relevant matter. 4
`(2) In considering the reasonableness of any cost, damage or loss 5
claimed, the tribunal must have regard to-- 6
(a) any action taken, or proposal by, the holder to, or to 7
attempt to, avoid, minimise or remedy the cost, damage 8
or loss; and 9
(b) any relevant act or omission of the public road authority. 10
`(3) Subsection (1)(b)(ii) applies whether or not the rates and 11
charges relate to notifiable road uses. 12
`97J Tribunal review of compensation 13
`(1) This section applies if-- 14
(a) the compensation liability, or future compensation 15
liability, of a geothermal exploration permit holder to a 16
public road authority has been agreed to under a 17
compensation agreement or decided by the tribunal 18
(the original compensation); and 19
(b) there has, since the agreement or decision, been a 20
material change in circumstances. 21
22
Example of a material change in circumstances--
23
a significant decrease or increase in the extent of the relevant
24
notifiable road use
`(2) The public road authority or holder may apply to the tribunal 25
for it to review the original compensation. 26
`(3) Sections 97H and 97I apply, with necessary changes, for the 27
review as if the application were a compensation application. 28
`(4) The tribunal may, after carrying out the review, decide to 29
confirm the original compensation or amend it in a way the 30
tribunal considers appropriate. 31
`(5) However, before making the decision, the tribunal must have 32
regard to-- 33
s 74 65 s 74
Mineral Resources and Other Legislation Amendment
Bill 2004
(a) the original compensation; and 1
(b) whether the applicant has attempted to mediate or 2
negotiate an amendment of the original compensation; 3
and 4
(c) any change in the matters mentioned in section 97I(1) 5
since the original compensation was agreed or decided. 6
`(6) If the decision is to amend the original compensation, the 7
original compensation as amended under the decision is, for 8
this Act, taken to be the original compensation. 9
`97K Compensation to be addressed before carrying out 10
notifiable road use 11
`It is a condition of a geothermal exploration permit that its 12
holder must not carry out a notifiable road use on a public 13
road unless-- 14
(a) the holder and the relevant public road authority have 15
signed a compensation agreement for the use; or 16
(b) the public road authority has given written consent to 17
the carrying out of the use; or 18
(c) a compensation application has been made to decide the 19
holder's compensation liability to the public road 20
authority relating to the road. 21
`97L Compensation not affected by change in administration 22
or holder 23
`(1) An agreement or decision under this part about compensation 24
liability is binding on-- 25
(a) the relevant public road authority and geothermal 26
exploration permit holder; and 27
(b) each of their personal representatives, successors and 28
assigns. 29
`(2) Subsection (1) is subject to section 97J.'. 30
s 75 66 s 79
Mineral Resources and Other Legislation Amendment
Bill 2004
Clause 75 Amendment of s 107 (Direction to give samples) 1
Section 107-- 2
insert-- 3
`(2) A sample given to the chief executive under the direction is 4
the property of the State.'. 5
Clause 76 Amendment of s 108 (Direction to give additional 6
information for requirement under Act) 7
Section 108(1)(a), after `notice'-- 8
insert-- 9
`,'. 10
Clause 77 Amendment of s 109 (Who may appeal) 11
Section 109, `or chief executive'-- 12
omit, insert-- 13
`, chief executive or a public road authority'. 14
Clause 78 Amendment of s 126 (Transfer of bore to permit holder) 15
(1) Section 126(4), `The'-- 16
omit, insert-- 17
`(4) Subject to section 133A,15 the'. 18
(2) Section 126(5)-- 19
omit. 20
Clause 79 Amendment of s 127 (Transfer of exploration bore from 21
permit holder to landholder or mining interest holder) 22
(1) Section 127(3)(b)-- 23
omit, insert-- 24
15 Section 133A (Dealing with application that is not a properly made application)
s 80 67 s 81
Mineral Resources and Other Legislation Amendment
Bill 2004
`(b) for a proposed transferee who is a landholder required 1
under the Water Act 2000 to hold a water licence under 2
that Act to take or interfere with water from the 3
exploration bore--the proposed transferee holds that 4
licence.'. 5
(2) Section 127(5), `The'-- 6
omit, insert-- 7
`(5) Subject to section 133A, the'. 8
Clause 80 Amendment of s 128 (Transfer of exploration bores from 9
permit holder or former permit holder to the State) 10
Section 128(6), `The'-- 11
omit, insert-- 12
`(6) Subject to section 133A, the'. 13
Clause 81 Insertion of new s 133A 14
After section 133-- 15
insert-- 16
`133A Dealing with application that is not a properly made 17
application 18
`(1) This section applies to an application that is not a properly 19
made application. 20
`(2) The Minister or chief executive who would, apart from this 21
section, be required to decide the application, must not accept 22
the application. 23
`(3) The chief executive must, as soon as practicable after the 24
application is received, give the applicant a written notice-- 25
(a) stating that-- 26
(i) the application is not a properly made application; 27
and 28
(ii) under this Act, the application can not be accepted; 29
and 30
s 82 68 s 83
Mineral Resources and Other Legislation Amendment
Bill 2004
(b) identifying the relevant provision of this Act that the 1
application does not comply with. 2
`(4) The notice must be accompanied by a refund of any 3
application fee paid by the applicant, less an amount 4
prescribed under a regulation for checking whether the 5
application is a properly made application.'. 6
Clause 82 Amendment of s 139 (Regulation-making power) 7
Section 139(2), `A'-- 8
omit, insert-- 9
`Without limiting subsection (1), a'. 10
Clause 83 Replacement of s 144 and ch 8, pt 3 11
Section 144 and chapter 8, part 3-- 12
omit, insert-- 13
`144 Amendment of sch 9 (Development that is exempt from 14
assessment against a planning scheme) 15
`Schedule 9, table 5, after item 3-- 16
insert-- 17
`Geothermal exploration
`3A Any aspect of development for geothermal exploration carried out under a
geothermal exploration permit under the Geothermal Exploration Act 2004.'.
`145 Amendment of sch 10 (Dictionary) 18
`Schedule 10, definition specified activity-- 19
insert-- 20
`(ca) any aspect of development for geothermal exploration 21
carried out under a geothermal exploration permit under 22
the Geothermal Exploration Act 2004; or'.'. 23
s 84 69 s 84
Mineral Resources and Other Legislation Amendment
Bill 2004
Clause 84 Amendment of schedule (Dictionary) 1
Schedule-- 2
insert-- 3
`compensation agreement, see section 97G(1). 4
compensation application, see section 97H(1). 5
compensation liability, for a geothermal exploration permit 6
holder, see section 97F(2). 7
notifiable road use, see section 97B. 8
properly made application means an application that 9
complies with-- 10
(a) for an application under section 57(1)(a)-- 11
section 57(2)(a) and (b); or 12
(b) for an application under section 57(1)(b)-- 13
sections 57(2) and 63(1); or 14
(c) for an application under section 57(1)(c)-- 15
sections 57(2) and 61(1); or 16
(d) for an application under section 57(1)(d)-- 17
sections 57(2) and 63(1); or 18
(e) for an application under section 57(1)(e)-- 19
sections 57(2) and 68(1) and (2); or 20
(f) for an application under section 92--section 92(2); or 21
(g) for an application under section 126--section 126(3); or 22
(h) for an application under section 127--section 127(4); or 23
(i) for section 128--section 128(5). 24
public road means an area of land that-- 25
(a) is open to, or used by, the public; and 26
(b) is developed for, or has as one of its main uses-- 27
(i) the driving or riding of motor vehicles; or 28
(ii) pedestrian traffic; and 29
(c) is controlled by a public road authority. 30
31
Examples of an area of land that may be included in a road--
s 85 70 s 86
Mineral Resources and Other Legislation Amendment
Bill 2004
1
· a bridge, culvert, ford, tunnel or viaduct
2
· a pedestrian or bicycle path
public road authority, for a public road, means-- 3
(a) for a State-controlled road--the chief executive of the 4
department in which the Transport Infrastructure 5
Act 1991 is administered; or 6
(b) for another public road--the local government having 7
the control of the road. 8
required information, for a geothermal exploration permit, is 9
information (in any form) about authorised activities carried 10
out under the permit that the holder has lodged under this Act, 11
including, for example-- 12
(a) a sample; and 13
(b) a report given under section 49. 14
road use direction see section 97D. 15
State-controlled road see Transport Infrastructure Act 1994, 16
schedule 6. 17
tribunal means the Land and Resources Tribunal.'. 18
Part 7 Amendment of Land Act 1994 19
Clause 85 Act amended in pt 7 20
This part amends the Land Act 1994. 21
Clause 86 Amendment of s 16 (Deciding appropriate tenure) 22
Section 16-- 23
insert-- 24
`(3) For Cape York agreement land, the evaluation may also take 25
account of commitments and undertakings-- 26
(a) having effect in relation to tenure; and 27
s 87 71 s 88
Mineral Resources and Other Legislation Amendment
Bill 2004
(b) given by persons under, or arising from, a Cape York 1
agreement. 2
`(4) Subsection (3) applies for 10 years after it commences. 3
`(5) In this section-- 4
Cape York agreement means-- 5
(a) the Cape York Peninsula Land Use Heads of Agreement 6
made on 5 February 1996; or 7
(b) the agreement made on 17 September 2001, headed 8
Deed of Endorsement Cape York Land Use Heads of 9
Agreement. 10
Cape York agreement land means unallocated State land to 11
which a Cape York agreement applies.'. 12
Part 8 Amendment of Nature 13
Conservation Act 1992 14
Clause 87 Act amended in pt 8 15
This part amends the Nature Conservation Act 1992. 16
Clause 88 Amendment of schedule (Dictionary) 17
Schedule, definition land-holder-- 18
insert-- 19
`(c) for a conservation agreement under section 45 in 20
relation to transferred land as defined under the 21
Aboriginal Land Act 1991--includes the grantees of the 22
transferred land under that Act.'. 23
s 89 72 s 90
Mineral Resources and Other Legislation Amendment
Bill 2004
Part 9 Amendment of Petroleum and 1
Gas (Production and Safety) 2
Act 2004 3
Clause 89 Act amended in pt 9 4
This part amends the Petroleum and Gas (Production and 5
Safety) Act 2004. 6
Clause 90 Amendment of s 993A (Insertion of new s 132A) 7
Section 993A, inserted new section 132A(2)(c)-- 8
omit, insert-- 9
`(c) sections 811, 812 and 814; and 10
(d) schedule 2, to the extent it contains words mentioned in 11
a petroleum safety provision under paragraph (a), (b) 12
or (c).16'. 13
16 Petroleum and Gas (Production and Safety) Act 2004, chapter 9 (Safety), part 6
(Restrictions on gas work), chapter 10 (Investigations and enforcement), part 2,
division 4 (Noncompliance procedure for all authorities under Act), sections 811
(Obstruction of inspector or authorised officer), 812 (Pretending to be an inspector
or authorised officer), 814 (Executive officers must ensure corporation complies
with Act) and schedule 2 (Dictionary)
73
Mineral Resources and Other Legislation Amendment
Bill 2004
Schedule Minor amendments of Mineral 1
Resources Act 1989 2
section 2 3
1 Sections 26(6), (9)(a)(ii)(A) and (9)(b)(i), 39(2) and (3), 4
53(6), 64A(3), 74(5), 80(4), 83(8) and (12), 86(1), 95(1), 5
96(11), 117(2) and (3), 122(3)(a), 190(4) and (7), 193(1), 6
198(10), 229(3)(a), 250(4), 252A(3), 282(1), 290(1), 295(7), 7
300(13), 313(3)(a), 343(7), 471(4), 478(4), 524(3), 581(3), 8
652(3)(b)(i), 657(2), 666(4), 688(1), 695(2) and 705(2), 9
`28 days'-- 10
omit, insert-- 11
`20 business days'. 12
2 Sections 32(2), 59, 60(1)(a), 64(4)(a), 64B(1)(a), 64C(1)(a), 13
65(1)(a), 71(2), 74(1)(b), 90, 164(3)(a), 211(2), 212(3)(a), 14
243, 244(1)(a), 252(7)(a), 252B(9), definition notice period, 15
paragraph (a), 252C(1)(a), 254(1)(a), 260(2), 274, 487(1), 16
543(1) and 685(3)(b)(iii), `7 days'-- 17
omit, insert-- 18
`5 business days'. 19
3 Sections 164(3)(a), 212(3)(a), 231(6), 252B(5)(a) and 20
370(3), `21 days'-- 21
omit, insert-- 22
`15 business days'. 23
4 Sections 343(7)(b), 431(2), 471(6)(a), 478(6)(a), 486(2)(a), 24
542(2)(a), 695(5)(a), 705(5)(a) and 734(4)(a), `14 days'-- 25
omit, insert-- 26
`10 business days'. 27
74
Mineral Resources and Other Legislation Amendment
Bill 2004
Schedule (continued)
5 Section 654(1), `2 days'-- 1
omit, insert-- 2
`5 business days'. 3
6 Section 134A(1) and (3), `133(f)'-- 4
omit, insert-- 5
`133(1)(f)'. 6
7 Section 186(1)(d), `183(n)(i)'-- 7
omit, insert-- 8
`183(1)(m)(i)'. 9
8 Section 190(1), `183(n)(i)(A)'-- 10
omit, insert-- 11
`183(1)(m)(i)(A)'. 12
9 Section 225(1), `Minister', third mention-- 13
omit, insert-- 14
`holder'. 15
10 Section 279, heading, after `grant'-- 16
insert-- 17
`or renewal'. 18
11 Section 336(1), after `registrars,'-- 19
insert-- 20
`deputy mining registrars,'. 21
75
Mineral Resources and Other Legislation Amendment
Bill 2004
Schedule (continued)
12 Section 338, heading, after `registrars'-- 1
insert-- 2
`, deputy mining registrars'. 3
13 Sections 338(1) and (2) and 402(2), after `registrar'-- 4
insert-- 5
`, deputy mining registrar'. 6
14 Section 338(3), after `registrar', first and second 7
mention-- 8
insert-- 9
`, deputy mining registrar'. 10
15 Section 338(3), from `shall inform'-- 11
omit, insert-- 12
`must-- 13
(a) tell the parties concerned; and 14
(b) if asked by a party, arrange for another mining registrar, 15
deputy mining registrar or field officer, as the case may 16
be, to attend to the matter.'. 17
16 Section 339, heading, after `registrars'-- 18
insert-- 19
`and deputy mining registrars'. 20
17 Section 339-- 21
insert-- 22
`(1A) Each deputy mining registrar is a deputy mining registrar for 23
the whole State.'. 24
76
Mineral Resources and Other Legislation Amendment
Bill 2004
Schedule (continued)
18 Section 342(1)-- 1
insert-- 2
`(aa) a deputy mining registrar; and'. 3
19 Sections 342(1)(j), (3), (4) and (10), 343, 393(1)(a), 399(2), 4
400, 401, 404(a), 405, 406(1)(a), (6) and (7)(b), 411 and 5
413(2) and (3), after `registrar,'-- 6
insert-- 7
`deputy mining registrar,'. 8
20 Section 343(1)-- 9
insert-- 10
`(aa) a deputy mining registrar; or'. 11
21 Section 409(1), before paragraph (a)-- 12
insert-- 13
`(aa) a deputy mining registrar; or'. 14
22 Section 738(3), `division'-- 15
omit, insert-- 16
`section'. 17
© State of Queensland 2004
AMENDMENTS TO BILL
1
Mineral Resources and Other Legislation Amendment
Bill 2005
Mineral Resources and Other Legislation
Amendment Bill 2005
Amendments agreed to during Consideration
1 After clause 86--
At page 71, after line 12--
insert--
`Part 7A Amendment of Mount Isa Mines
Limited Agreement Act 1985
`87A Act amended in pt 7A
`This part amends the Mount Isa Mines Limited Agreement
Act 1985.
`87B Insertion of new s 2B
`After section 2A--
insert--
`2B Amendment of formal agreement
`The formal agreement, part 2, clause 13, is amended by
omitting `30th June' and inserting `31st December'.'.
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