MINERAL RESOURCES ACT 1989 - As at 1 September 2023 - Act 110 of 1989

Table of Provisions

• Long Title

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

• 1 Short title
• 2 Objectives of Act

PART 2 - APPLICATION OF ACT GENERALLY ETC.

• 3 Application of Act to Commonwealth land and coastal waters of the State
• 3A Relationship with petroleum legislation
• 3B Relationship with Geothermal Energy Act 2010 and Greenhouse Gas Storage Act 2009
• 3BA Relationship with Common Provisions Act
• 3BB Relationship with Nature Conservation Act 1992
• 3C Declaration for Commonwealth Act
• 4 Effect of change of baseline

PART 3 - RELATIONSHIP WITH PLANNING ACT

• 4A Effect on development
• 4B Notice to local government and chief executive (planning) of particular mining tenements

PART 4 - INTERPRETATION

• 5 Definitions
• 6 Meaning of mineral
• 6A Meaning of mine
• 6B Meaning of prospect
• 6C What is carrying out improvement restoration
• 6D Types of authority under Act
• 7 When educational institution is an eligible person
7A. (Repealed) 7B. (Repealed)

PART 5 - GENERAL PROVISIONS FOR MINERALS AND MINING TENEMENTS

• 8 Crown’s property in minerals
• 9 Exclusive right of Crown to grant mining leases etc. irrespective of ownership of mineral
• 10 Act does not create estates in land
• 10AAA Extinguishing mining tenement interests on the taking of land in a mining tenement’s area (other than by an easement)
• 10AAB Effect of extinguishment of mining tenement interests on the taking of land in a mining tenement’s area (other than by an easement)
• 10AAC Applications relating to land taken under a resumption law for which mining tenement interests were extinguished
• 10AAD Compensation for effect of taking of land in a mining tenement’s area on mining tenement interests
• 10AA Joint holders of mining tenement
• 10A Extension of certain entitlements to registered native title bodies corporate and registered native title claimants

PART 6 - MINING DISTRICTS

• 11 Mining districts
12. (Repealed)

CHAPTER 2 - PROSPECTING PERMITS

PART 1 - PROSPECTING PERMIT CATEGORIES AND ENTITLEMENTS

• 13 Definition for pt 1
• 14 Categories of prospecting permit
• 15 Area of land covered by parcel prospecting permit
• 16 Land excluded from prospecting permit
• 17 Prospecting permit to be granted to a single person
• 18 Entitlements under prospecting permit
• 19 Consent required to enter certain land
• 20 Provisions about consents to enter land

PART 2 - OTHER PROVISIONS ABOUT PROSPECTING PERMITS

• 21 Application for prospecting permit
• 22 Reason for rejection of application to be given
23. (Repealed)
• 24 Grant of prospecting permit
• 24A Details of prospecting permit to be recorded in register
• 25 Conditions of prospecting permit
• 25AA Additional conditions of prospecting permit relating to native title
• 25A Indigenous land use agreement conditions
• 26 Provision of security
• 27 Utilisation of security deposit towards subsequent prospecting permit
• 28 Compensation
• 29 Term of prospecting permit
• 30 Rights and obligations extended upon application for mining claim etc.
• 31 Chief executive to notify owners of occupied land of grant of parcel prospecting permit
• 32 Notice of entry under parcel prospecting permit
• 33 Prospecting permit not transferable
• 34 Report to chief executive by owner of land
35. (Repealed)
• 36 Cancellation of prospecting permit
• 37 Surrender of prospecting permit
• 38 Appeals about prospecting permits
• 39 How to start an appeal
• 40 Stay of operation of decisions
• 41 Hearing procedures
• 42 Powers of Land Court on appeal
• 43 Minerals taken become property of holder of prospecting permit
• 44 Royalties in respect of minerals taken under prospecting permit
45. (Repealed)
• 46 Producing prospecting permit
• 47 Staying on occupied land

CHAPTER 3 - MINING CLAIMS

• 48 Grant of mining claim
• 49 Only eligible persons to hold mining claims
• 50 Entitlements under mining claim
• 51 Land for which mining claim not to be granted
• 52 No mining claim in respect of coal
• 53 Area and shape of mining claim land
• 54 Mining claim over reserve only with consent
• 55 Restriction upon number of mining claims
56. (Repealed) 57. (Repealed) 58. (Repealed) 59. (Repealed) 60. (Repealed)
• 61 Application for grant of mining claim
• 61A Rejection of application if applicant disqualified
62. (Repealed)
• 63 Priority of mining claim applications
• 64 Issue of mining claim notice
• 64A Documents and other information to be given to affected persons
• 64B Declaration of compliance with obligations
• 64C Continuing obligation to notify
64D. (Repealed)
• 65 Chief executive may call conference in some cases
• 66 Who may attend conference
• 67 What happens if someone does not attend
• 68 Chief executive’s function at section 65 conference
• 69 Agreements and statements at section 65 conference
• 70 Land Court may award costs
• 71 Objection to application for grant of mining claim
• 71A Objection may be withdrawn
• 72 Referral to Land Court of application and objections
• 73 Rejection of application for grant of mining claim for noncompliance
• 74 Grant of mining claim to which no objection is lodged
• 75 Referral to Land Court of application to which no objection lodged
• 76 Referral to Land Court of issue of reserve owner’s consent
• 77 Land Court hearing
• 78 Land Court’s determination on hearing
• 79 Consent to grant of mining claim over reserve by Governor in Council
• 80 Grant of mining claim at instruction of Land Court or with consent of Governor in Council
• 81 Conditions of mining claim
81A. (Repealed)
• 81B Other agreement conditions
• 82 Variation of conditions of mining claim
• 83 Provision of security
• 84 Utilisation of security deposit towards subsequent mining claim
• 85 Compensation to be settled before grant or renewal of mining claim
• 85A Minister may refuse to grant mining claim if compensation not determined
• 86 Appeal against Land Court’s determination upon compensation
• 86A Security for costs of appeal
• 87 Public trustee may act in certain circumstances
88. (Repealed)
• 89 Reasons for rejection of application for grant of mining claim
90. (Repealed)
• 91 Initial term of mining claim
• 92 Mining claim may be specified it is not renewable
• 93 Renewal of mining claim
• 93A Continuation of claim while application being dealt with
• 93B When term of renewed claim starts
• 93C When new conditions of renewed claim start
• 93D Renewal of claim must be in name of last recorded transferee
• 94 Reasons for rejection of application for renewal of mining claim
• 95 Rental payable on mining claim
96. (Repealed) 97. (Repealed) 98. (Repealed) 99. (Repealed) 100. (Repealed) 101. (Repealed) 102. (Repealed) 103. (Repealed) 104. (Repealed)
• 105 Mining other minerals
• 106 Contravention by holder of mining claim
• 107 Surrender of mining claim
• 108 Abandonment of application for mining claim
• 109 Improvement restoration for mining claim
• 110 Use of machinery in mining claim area
• 111 Declaration of prohibited machinery in mining claim area
• 112 Minister may authorise use of prohibited machinery for purposes other than mining etc.
• 113 Prohibited machinery etc. not to be used on mining claim land
• 114 Minerals taken become property of holder of mining claim
• 115 Royalties in respect of minerals taken under mining claim
• 116 Appeals about mining claims
• 117 How to start an appeal
• 118 Stay of operation of decisions
• 119 Hearing procedures
• 120 Powers of Land Court on appeal
• 121 Effect of termination of mining claim
• 122 Application may be made for approval to remove mineral and property
• 123 Property remaining on former mining claim may be sold etc.
• 124 Approval for prospecting or exploring on reserve subject of mining claim application
• 125 Variation of access to mining claim area

CHAPTER 4 - EXPLORATION PERMITS

PART 1 - PRELIMINARY

• 127 Land subject to exploration permit
• 128 Only eligible persons to hold exploration permits
• 129 Entitlements under exploration permit
• 130 Exploration permit to specify minerals sought
• 130AA Types of work program for term of exploration permit

PART 2 - OBTAINING EXPLORATION PERMIT FOR A MINERAL OTHER THAN COAL

• 130A Application of pt 2
• 131 Who may apply
• 132 Exclusion of land from area of exploration permit if subject to other authority under Act
• 133 Application for exploration permit
• 133A Rejection of application if applicant disqualified
• 134 Application to be numbered
• 134A Priority of applications for grant of exploration permit
• 135 Abandonment of application for exploration permit
• 136 Grant of exploration permit on application
• 136A Obtaining exploration permit by competitive tender

PART 3 - OBTAINING EXPLORATION PERMIT FOR COAL

Division 1 - Preliminary

• 136B Application and operation of pt 3

Division 2 - Competitive tenders

• 136C Call for tenders
• 136D Right to tender
• 136E Requirements for making tender
• 136EA Rejection of tender if tenderer disqualified
• 136F Right to terminate call for tenders
• 136G Amendment of tender
• 136H Withdrawal of tender

Division 3 - Deciding tenders

• 136I Process for deciding tenders
• 136J Provisions for preferred tenderers
• 136K Deciding whether to grant exploration permit
• 136L Notice to unsuccessful tenderers

Division 4 - Obtaining exploration permit following surrender

• 136M Application for exploration permit for surrendered exploration permits
• 136N Grant of exploration permit for surrendered exploration permits

Division 5 - Obtaining exploration permit for coal other than by competitive tender

• 136O Definitions for division
• 136P Meaning of coal mining project and project land
• 136Q Who may apply
• 136R Application
• 136S Deciding application
• 136T Withdrawing application

PART 4 - OTHER PROVISIONS ABOUT EXPLORATION PERMITS

• 137 Prescribed criteria for grant of exploration permit
• 137AA Area of exploration permit does not include particular land
• 137AB Minister’s power to decide excluded land
• 137A Details of exploration permit to be recorded in register
• 138 Rental payable on exploration permit
• 139 Periodic reduction in area of exploration permit
• 139A Periodic reduction deferred if higher tenure application undecided
• 140 Voluntary reduction in area of exploration permit
140A. (Repealed)
• 141 Conditions of exploration permit
• 141A Amendment of conditions by Minister if exceptional event
• 141AA Additional conditions of exploration permit relating to native title
• 141A (Repealed)
• 141B Other agreement conditions
• 141BA Power to impose or amend condition if changed holder of exploration permit
• 141C Application to vary conditions of existing permit
142. (Repealed) 143. (Repealed)
• 144 Provision of security
145. (Repealed)
• 146 Initial term of exploration permit
• 147 Application for renewal of exploration permit
147AA. (Repealed)
• 147A Decision on application for renewal
147B. (Repealed)
• 147C Continuation of permit while application being dealt with
• 147CA Application for extension of last renewed term of exploration permit
• 147CB Decision on application for extension
• 147D When term of renewed or extended permit starts
• 147E When new conditions of renewed permit start
• 147F Renewal or extension of permit must be in name of last recorded transferee
• 148 Continuation of exploration permit if application for other tenure
149. (Repealed) 150. (Repealed) 151. (Repealed) 152. (Repealed) 153. (Repealed) 154. (Repealed) 155. (Repealed) 156. (Repealed) 157. (Repealed) 158. (Repealed)
• 160 Contravention by holder of exploration permit
• 161 Surrender of exploration permit
• 162 Adjustment of rental etc. upon surrender etc. of exploration permit
• 163 Access and compensation provisions
164. (Repealed) 165. (Repealed)
• 166 Improvement restoration for exploration permit
• 167 Producing exploration permit
• 168 Utilisation of security deposit towards subsequent exploration permit
169. (Repealed) 170. (Repealed) 171. (Repealed) 172. (Repealed) 173. (Repealed) 174. (Repealed)
• 175 Chief executive may recommend action to ease concerns or other action
• 176 Discovery of minerals to be reported
• 176A Application to add excluded land to existing permit
• 177 Reduction of area of exploration permit upon grant of mining claim, mineral development licence or mining lease
• 178 Discovery etc. of mineral does not vest property
• 178A Activity report for exploration permit
• 178B Partial relinquishment report for exploration permit
• 178C Final report for exploration permit

CHAPTER 5 - MINERAL DEVELOPMENT LICENCES

PART 1 - MINERAL DEVELOPMENT LICENCES GENERALLY

• 179 Mineral development licence
• 180 Only eligible persons to hold mineral development licences
• 181 Obligations and entitlement under mineral development licence
• 182 Land is excluded from area of mineral development licence if covered by other authority under Act
• 183 Application for mineral development licence
183A. (Repealed) 184. (Repealed)
• 185 Priority of applications for grant of mineral development licences
• 185A Rejection of application if applicant disqualified
• 186 Minister may grant or refuse application
• 186AA Area of mineral development licence does not include particular land
• 186AB Minister’s power to decide excluded land
• 186A Details of mineral development licence to be recorded in register
• 187 Holder to notify owners of land of grant or renewal
188. (Repealed)
• 189 Abandonment of application for mineral development licence
• 190 Provision of security
191. (Repealed)
• 192 Initial term of mineral development licence
• 193 Rental payable on mineral development licence
193A. (Repealed)
• 194 Conditions of mineral development licence
• 194AAA Additional conditions of mineral development licence relating to native title
194AA. (Repealed)
• 194AB Other agreement conditions
• 194ABA Power to impose or amend condition if changed holder of mineral development licence
• 194AC Application to vary conditions of existing licence
• 194A Land Court’s jurisdiction for At Risk agreement
195. (Repealed) 196. (Repealed)
• 197 Application for renewal of mineral development licence
197AA. (Repealed)
• 197A Decision on application
197B. (Repealed)
• 197C Continuation of licence while application being dealt with
• 197D When term of renewed licence starts
• 197E When new conditions of renewed licence start
• 197F Renewal of licence must be in name of last recorded transferee
198. (Repealed) 199. (Repealed) 200. (Repealed) 201. (Repealed) 202. (Repealed) 203. (Repealed) 204. (Repealed) 205. (Repealed) 206. (Repealed) 207. (Repealed)
• 208 Adding other minerals to licence
• 209 Contravention by holder of mineral development licence
• 210 Surrender of mineral development licence
• 211 Access and compensation provisions
212. (Repealed) 213. (Repealed)
• 214 Improvement restoration for mineral development licence
• 215 Rights and obligations extended upon application for mining lease
• 216 Producing mineral development licence
217. (Repealed) 218. (Repealed) 219. (Repealed) 220. (Repealed) 221. (Repealed) 222. (Repealed)
• 223 Chief executive may recommend action to ease concerns or other action
• 224 Utilisation of security deposit towards subsequent mineral development licence or mining lease
• 225 Direction to apply for mining lease
• 226 Minister may determine availability of certain land
• 226AA Application to add excluded land to existing licence
• 226A Reduction of area of mineral development licence on grant of mining lease
• 227 Discovery etc. of mineral does not vest property
• 228 Effect of termination of mineral development licence
• 229 Application may be made for approval to remove plant
• 230 Plant remaining on former mineral development licence may be sold etc.
• 231 Variation of access to mineral development licence area
• 231AA Activity report for mineral development licence
• 231AB Partial surrender report for mineral development licence
• 231AC Final report for mineral development licence

PART 2 - MINERAL DEVELOPMENT LICENCE FOR AURUKUN PROJECT

• 231A Application of pts 1 and 2
• 231B Only eligible person can apply for and hold mineral development licence (180)
• 231C Application for mineral development licence (183)
231D. (Repealed)
• 231E Minister may grant or reject application for mineral development licence (186)
• 231F Initial term of mineral development licence (192)
• 231G Conditions of mineral development licence (194)
• 231H Renewal of licence (197A)
• 231I Requirements for transferring or mortgaging mineral development licences
• 231J Contravention by holder of mineral development licence (209)
231K. (Repealed)

CHAPTER 6 - MINING LEASES

PART 1 - MINING LEASES GENERALLY

• 232 Eligible person may apply for mining lease
• 233 Only eligible persons to hold mining leases
• 233A Rejection of application if applicant disqualified
• 234 Minister may grant mining lease
• 235 General entitlements of holder of mining lease
• 236 Entitlement to use sand, gravel and rock
• 237 Drilling and other activities on land not included in surface area
• 238 Mining lease over surface of restricted land
• 239 Restriction on mining leases if land is released from exploration permit
240. (Repealed) 241. (Repealed) 242. (Repealed) 243. (Repealed) 244. (Repealed)
• 245 Application for grant of mining lease
245A. (Repealed)
• 246 Additional requirement for applications for particular mining leases for prescribed minerals
247. (Repealed)
• 248 Applicant must obtain consent or views of existing authority holders
• 249 Later applicant must obtain consent or views of earlier applicant if same land affected
• 250 Rejection of application by chief executive
• 251 Priority of mining lease applications
• 252 Issue of mining lease notice
• 252A Giving and publication of mining lease notice and other information
• 252B Declaration of compliance with obligations
• 252C Continuing obligation to notify
252D. (Repealed)
• 253 Reissue of mining lease notice
254. (Repealed) 255. (Repealed) 256. (Repealed) 257. (Repealed) 258. (Repealed) 259. (Repealed)
• 260 Objection to application for grant of mining lease
• 261 Objection may be withdrawn
262. (Repealed) 263. (Repealed) 264. (Repealed)
• 265 Referral of application and objections to Land Court
• 266 Chief executive may recommend rejection of application for noncompliance
• 267 Minister may reject application at any time
• 267A Striking out objections
• 268 Hearing of application for grant of mining lease
• 269 Land Court’s recommendation on hearing
270. (Repealed) 270A. (Repealed)
• 271 Criteria for deciding mining lease application
• 271A Deciding mining lease application
• 271AB Application for later specific purpose mining lease or transportation mining lease
• 271B Steps to be taken after application decided
• 272 Minister may remit to Land Court for additional evidence
• 273 Restriction on grant of mining lease that does not include surface of land
274. (Repealed)
• 275 Application for inclusion of surface of area of mining lease
• 275A Application for surface of restricted land to be included in mining lease
• 276 General conditions of mining lease
276A. (Repealed)
• 276B Other agreement conditions
• 276C Power to impose or amend condition if changed holder of mining lease
• 277 Provision of security
• 278 Utilisation of security deposit towards subsequent mining lease
• 278A Land Court’s jurisdiction for At Risk agreement
• 279 Compensation generally
• 279A Minister may refuse to grant mining lease if compensation not determined
• 280 Compensation for owner of land where surface area not included
• 281 Determination of compensation by Land Court
• 282 Appeal against Land Court’s determination upon compensation
• 282A Security for costs of appeal
• 283 Public trustee may act in certain circumstances
• 283A Agreement to amend compensation
• 283B Review of compensation by Land Court
• 284 Initial term of mining lease
• 285 Mining lease may be specified it is not renewable
• 286 Application for renewal of mining lease
• 7.43A (Expired)
• 286AA Additional requirements for application for renewal of particular mining leases for prescribed minerals
• 286A Decision on application
286B. (Repealed)
• 286C Continuation of lease while application being dealt with
• 286D When term of renewed lease starts
• 286E When new conditions of renewed lease start
• 286F Renewal of lease must be in name of last recorded transferee
• 287 Notice of rejection of renewal application
• 288 Holder to notify owner of grant or renewal of mining lease
7.45. (Repealed) 289. (Repealed)
• 290 Rental payable on mining lease
• 290A Application of GST to rents for certain mining leases
• 291 Deferral of initial rent for particular mining leases
292. (Repealed) 293. (Repealed)
• 294 Variation of conditions of mining lease
• 295 Variation of mining lease for accuracy etc.
296. (Repealed) 297. (Repealed)
• 298 Mining other minerals or use for other purposes
• 299 Consolidation of mining leases
300. (Repealed) 301. (Repealed) 302. (Repealed) 303. (Repealed) 304. (Repealed) 305. (Repealed) 306. (Repealed)
• 307 Abandonment of application for the grant of a mining lease
• 308 Contravention by holder of mining lease
• 309 Surrender of mining lease
• 310 Minerals taken become property of holder of mining lease
• 311 Royalties in respect of minerals taken under mining lease
• 312 Effect of termination of mining lease
• 313 Application for approval to remove mineral and property
• 314 Property remaining on former mining lease may be sold
• 315 Activity report for mining lease
• 315A Relinquishment report for mining lease
• 315B Surrender report for mining lease
• 316 Mining lease for transportation through land
• 317 Variation of access to mining lease area
• 317A Improvement restoration for mining lease

PART 1A - DEVELOPMENT PLANS FOR PARTICULAR MINING LEASES FOR PRESCRIBED MINERALS

Division 1 - Preliminary

• 317B Function and purpose of development plans
• 317C What is a prescribed mineral mining lease
• 317D What is a new prescribed mineral mining lease
• 317E What is a development plan and its plan period

Division 2 - Requirements for development plans

• 317F Requirement to have development plan
• 317G Obligation to comply with development plan
• 317H Development plan for new prescribed mineral mining lease
• 317I Consequence of failure to comply with notice to lodge proposed initial development plan
• 317J Initial development plan requirements—proposed mining lease
• 317K Initial development plan requirements—mining lease

Division 3 - Initial development plans

• 317L Ministerial approval of proposed plan
• 317M Before approval of proposed plan
• 317N Deciding whether to approve proposed plan

Division 4 - Later development plans

• 317O Obligation to lodge proposed later development plan
• 317P Consequence of failure to comply with notice to lodge proposed later development plan
• 317Q Later development plan requirements
• 317R Mining lease taken to have development plan until decision about approval
• 317S Ministerial approval of proposed plan
• 317T Deciding whether to approve proposed plan
• 317U Power to require partial surrender application

Division 5 - Miscellaneous

• 317V Steps after, and taking effect of, decision
• 317W Right of appeal against cancellation, deferral or refusal
• 317X Changes to prescribed minerals or prescribed thresholds

PART 1B - COMPETITIVE TENDERS FOR PROPOSED MINING LEASES

Division 1 - Preliminary

• 317Y Operation of part

Division 2 - Competitive tenders

• 317Z Call for tenders
• 317ZA Right to tender
• 317ZB Requirements for making tender
• 317ZC Rejection of tender if tenderer disqualified
• 317ZD Right to terminate call for tenders
• 317ZE Amendment of tender
• 317ZF Withdrawal of tender

Division 3 - Deciding tenders

• 317ZG Process for deciding tenders
• 317ZH Deciding to appoint preferred tenderer
• 317ZI Provisions for preferred tenderers
• 317ZJ Notice to unsuccessful tenderers

PART 2 - MINING LEASE FOR AURUKUN PROJECT

• 318AAA Application of pts 1 and 2
• 318AAB Only eligible person can apply for and hold mining lease (233)
318AAC. (Repealed)
• 318AAD Application for grant of mining lease (245)
• 318AAE Limits on consideration and disclosure of Aurukun agreement in Land Court hearing
• 318AAEA Steps to be taken after application decided (271B)
• 318AAF Mining lease must include all surface of land (273)
318AAG. (Repealed)
• 318AAH General conditions of mining lease (276)
• 318AAI Initial term of mining lease (284)
• 318AAJ Renewal of lease (286A)
• 318AAK Requirements for transferring, mortgaging or subleasing mining leases
• 318AAL Contravention by holder of mining lease (308)
• 318AAM Limitation on surrender of mining lease (309)

CHAPTER 7 - TRANSFERS AFFECTING APPLICATIONS FOR MINING LEASES

PART 1 - APPLICATION TRANSFERS

Division 1 - Preliminary

• 318AAN Application of pt 1

Division 2 - Registration generally

• 318AAO Registration required for all application transfers
• 318AAP Obtaining registration
• 318AAQ Effect of approval and registration

Division 3 - Approval of application transfers

• 318AAR Indicative approval
• 318AAS Applying for approval of application transfer
• 318AAT Deciding application
• 318AAU Written notice about decision
318AAV. (Repealed) 318AAW. (Repealed) 318AAX. (Repealed) 318AAY. (Repealed) 318AAZ. (Repealed)

PART 2 - (Repealed)

PART 3 - (Repealed)

PART 4 - APPEALS ABOUT TRANSFERS

• 318AAZM Who may appeal
• 318AAZN Period to appeal
• 318AAZO Starting appeal
• 318AAZP Stay of operation of decision
• 318AAZQ Hearing procedures
• 318AAZR Land Court’s powers on appeal

CHAPTER 8 - PROVISIONS FOR COAL SEAM GAS

PART 1 - PRELIMINARY

Division 1 - Introduction

• 318AB Relationship with chs 4–6 and the Common Provisions Act

Division 2 - Definitions for chapter 8

• 318AC What is coal seam gas and incidental coal seam gas
• 318AD What is oil shale
• 318AE What is a coal exploration tenement, a coal mining lease and a special coal mining lease
• 318AF What is an oil shale exploration tenement and an oil shale mining lease
• 318AG What is a coal or oil shale mining tenement
• 318AH What is a development plan and its plan period
• 318AI Petroleum tenures
• 318AJ What is a coordination arrangement
• 318AK What is the public interest

Division 3 - Relationship with particular special agreement Acts

• 318AL Application of ch 8 to grant of special coal mining lease under Central Queensland Coal Associates Agreement Act 1968
• 318AM Chapter prevails over special agreement Acts
• 318AN No compensation

PART 2 - OBTAINING COAL OR OIL SHALE MINING LEASE OVER LAND IN AREA OF AUTHORITY TO PROSPECT (OTHER THAN BY OR JOINTLY WITH, OR WITH THE CONSENT OF, AUTHORITY TO PROSPECT HOLDER)

Division 1 - Preliminary

• 318AO Application of pt 2

Division 2 - Provisions for making coal or oil shale mining lease application

• 318AP Additional requirements for making application

Division 3 - Provisions for applications in particular circumstances

• 318AQ Applications relating to authority to prospect and petroleum lease not held by same person
• 318AR Applications relating to other land
318AS. (Repealed)

Division 4 - Obligations of applicant and authority to prospect holder

• 318AT Applicant’s obligations
• 318AU Minister may require further negotiation
• 318AV Consequence of applicant not complying with obligations or requirement
• 318AW Authority to prospect holder’s obligations
• 318AX Submissions by authority to prospect holder

Division 5 - Priority for earlier petroleum lease application or proposed application

• 318AY Earlier petroleum lease application
• 318AZ Proposed petroleum lease for which EIS approval given
• 318B Proposed petroleum lease declared a coordinated project

Division 6 - Ministerial decision about whether to give any preference to petroleum development

• 318BA When preference decision is required
• 318BB Decision about whether to give any preference to petroleum development
• 318BC Reference to Land Court before making preference decision
• 318BD Restrictions on giving preference

Division 7 - Process if preference decision is to give any preference to petroleum development

• 318BF Application of div 7
• 318BG Notice to applicant and authority to prospect holder
• 318BH Petroleum lease application for all of the land
• 318BI Petroleum lease application for part of the land
• 318BJ No petroleum lease application

Division 8 - Deciding mining lease

• 318BK Application of div 8
• 318BL Additional criteria for deciding conditions or term
• 318BM Power to determine relinquishment condition
• 318BN Publication of outcome of application

PART 3 - OBTAINING COAL OR OIL SHALE MINING LEASE OVER LAND IN AREA OF AUTHORITY TO PROSPECT (BY OR JOINTLY WITH, OR WITH THE CONSENT OF, AUTHORITY TO PROSPECT HOLDER)

• 318BO Application of pt 3
• 318BP Additional requirements for making application
• 318BQ Applications relating to petroleum lease and authority to prospect not held by same person
• 318BR Applications relating to other land
318BS. (Repealed)
• 318BT Priority for earlier petroleum lease application or proposed application
• 318BU Additional criteria for deciding conditions or term

PART 4 - COAL MINING LEASE AND OIL SHALE MINING LEASE APPLICATIONS IN RESPONSE TO PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT PREFERENCE DECISION

• 318BV Additional ground for refusing application

PART 5 - OBTAINING COAL OR OIL SHALE MINING LEASE OVER LAND IN AREA OF PETROLEUM LEASE (OTHER THAN BY OR JOINTLY WITH PETROLEUM LEASE HOLDER)

• 318BW Application of pt 5
• 318BX Additional requirements for making application
• 318BY Applications relating to other land
318BZ. (Repealed)
• 318C Notice to petroleum lease holder
• 318CA Petroleum lease holder’s obligation to negotiate
• 318CB Restriction on issuing mining lease notice and additional requirements for grant

PART 6 - OBTAINING COAL OR OIL SHALE MINING LEASE OVER LAND IN AREA OF PETROLEUM LEASE (BY OR JOINTLY WITH PETROLEUM LEASE HOLDER)

• 318CC Application of pt 6
• 318CD Additional requirements for making application
• 318CE Applications relating to other land
318CF. (Repealed)
• 318CG Additional criteria for deciding conditions

PART 7 - ADDITIONAL PROVISIONS FOR COAL AND OIL SHALE EXPLORATION TENEMENTS

Division 1 - Grant of coal or oil shale exploration tenement in area of authority to prospect

• 318CH Provisions for coal or oil shale exploration tenement

Division 2 - Restriction on authorised activities on petroleum lease land

• 318CI Restriction

Division 3 - Conditions

• 318CJ Notice of grant to authority to prospect holder or applicant
• 318CK Compliance with obligations under Petroleum and Gas (Production and Safety) Act

PART 8 - ADDITIONAL PROVISIONS FOR COAL MINING LEASES AND OIL SHALE MINING LEASES

Division 1 - Entitlement to coal seam gas

• 318CL Application of pt 8
• 318CM Limited entitlement to mine coal seam gas
• 318CN Use that may be made under mining lease of incidental coal seam gas
• 318CNA Use that may be made under oil shale mining lease of incidental coal seam gas
• 318CO Restriction on flaring or venting of incidental coal seam gas

Division 2 - Provisions for mining coal seam gas from coextensive natural underground reservoirs

• 318CP Application of div 2
• 318CQ Coordination arrangement may be made about mining or production from reservoir
• 318CR Restriction on carrying out particular authorised activities
• 318CS Dispute resolution by Land Court

Division 3 - Conditions

• 318CT Continuing requirement for coordination arrangement for particular coal or oil shale mining leases
• 318CU Obligation to measure and record coal seam gas mined
318CV. (Repealed)
• 318CW Compliance with obligation to negotiate with petroleum lease applicant
318CX. (Repealed) 318CY. (Repealed)
• 318CZ Cessation of relinquishment condition for area not overlapping with area of authority to prospect

Division 4 - Amendment of relinquishment condition by application

• 318D Application of div 4
• 318DA Conditions for applying to amend relinquishment condition
• 318DB Authority to prospect holder’s obligation to negotiate
• 318DC Requirements for making application
• 318DD Notice of application
• 318DE Submissions by authority to prospect holder
• 318DF Minister may require further negotiation
• 318DG Deciding amendment application

Division 5 - Restriction on amending other conditions

• 318DH Interests of relevant petroleum tenure holder to be considered

Division 6 - Renewals

• 318DI General additional provisions for renewal application
• 318DJ Applied provisions for renewal application
• 318DK Mining lease taken to have development plan until renewal application decided

Division 7 - Consolidations

• 318DL Restriction on consolidation applications
• 318DM Additional requirements for making consolidation application
• 318DN Deciding whether to approve proposed development plan

Division 8 - Restriction on transfer or subletting

• 318DO Requirement for coordination arrangement to transfer or sublet mining lease in area of petroleum lease

PART 9 - DEVELOPMENT PLANS FOR COAL MINING LEASES AND OIL SHALE MINING LEASES

Division 1 - General provisions about development plans

• 318DP Function and purpose
• 318DQ Requirement to have development plan
• 318DR Obligation to comply with development plan

Division 2 - Requirements for proposed initial development plans

• 318DS Operation of div 2
• 318DT General requirements
• 318DU Plan period
• 318DV Statement about interests of relevant petroleum tenure holder
• 318DW Requirement to optimise use of incidental coal seam gas
• 318DX Consistency with petroleum lease development plan and relevant coordination arrangement

Division 3 - Approval of proposed initial development plans

• 318DY Application of div 3
• 318DZ Ministerial approval of proposed plan
• 318E Amendment of proposed plan before approval
• 318EA Deciding whether to approve proposed plan

Division 4 - Approval of proposed later development plans

• 318EB Obligation to lodge proposed later development plan
• 318EC Consequence of failure to comply with notice to lodge proposed later development plan
• 318ED Later development plan requirements
• 318EE Mining lease taken to have development plan until decision on whether to approve proposed later development plan
• 318EF Criteria for deciding whether to approve proposed plan
• 318EG Power to require partial surrender application
• 318EH Steps after, and taking effect of, decision

Division 5 - Appeals

• 318EI Right of appeal against cancellation, deferral or refusal

PART 10 - CONFIDENTIALITY OF INFORMATION

• 318EJ Application of pt 10
• 318EK Confidentiality obligations
• 318EL Civil remedies

CHAPTER 9 - PROVISIONS FOR GEOTHERMAL TENURES AND GHG AUTHORITIES

PART 1 - PRELIMINARY

• 318ELAM Relationship with chs 2 to 8 and ch 12, pt 1
• 318ELAN What is an overlapping authority (geothermal or GHG)
• 318ELAO General provision about mining tenements for land subject to geothermal tenure or GHG authority

PART 2 - OBTAINING MINING LEASE IF OVERLAPPING TENURE

Division 1 - Preliminary

• 318ELAP Application of pt 2

Division 2 - Requirements for application

• 318ELAQ Requirements for making application
• 318ELAR Content requirements for information statement

Division 3 - Consultation provisions

• 318ELAS Applicant’s information obligation
• 318ELAT Submissions by overlapping tenure holder

Division 4 - Resource management decision if overlapping permit

• 318ELAU Application of div 4
• 318ELAV Operation of div 4
• 318ELAW Criteria for decision
• 318ELAX Restrictions on giving overlapping authority priority

Division 5 - Process if resource management decision is to give overlapping authority priority

• 318ELAY Application of div 5
• 318ELAZ Notice to applicant and overlapping permit holder
• 318ELBA Overlapping lease application for all of the land
• 318ELBB Overlapping lease application for part of the land
• 318ELBC No overlapping lease application

Division 6 - Resource management decision not to grant and not to give priority

• 318ELBD Lapsing of application

Division 7 - Deciding application

• 318ELBE Application of div 7
• 318ELBF Application may be refused if no reasonable prospects of future geothermal or GHG coordination arrangement
• 318ELBG Additional criteria for deciding provisions of mining lease
• 318ELBH Publication of outcome of application

PART 3 - PRIORITY TO PARTICULAR GEOTHERMAL OR GHG LEASE APPLICATIONS

• 318ELBI Earlier geothermal or GHG lease application
• 318ELBJ Proposed geothermal or GHG lease for which EIS approval given
• 318ELBK Proposed GHG lease declared a coordinated project

PART 4 - MINING LEASE APPLICATIONS IN RESPONSE TO INVITATION UNDER GEOTHERMAL ACT OR GHG STORAGE ACT

• 318ELBL Application of pt 4
• 318ELBM Minister may refuse application

PART 5 - ADDITIONAL PROVISIONS FOR PARTICULAR MINING TENEMENTS

Division 1 - Restrictions on authorised activities for particular mining tenements

• 318ELBN Prospecting permit overlapping with geothermal or GHG lease
• 318ELBO Other overlapping authorities
• 318ELBP Resolving disputes

Division 2 - Provisions about conditions

• 318ELBQ Notice by particular mining tenement holders to particular geothermal tenure or GHG authority holders or applicants
• 318ELBR Restriction on varying conditions of particular mining leases
• 318ELBS Condition to notify particular authority holders of proposed start of designated activities
• 318ELBT Requirement to continue geothermal or GHG coordination arrangement after renewal of or dealing with mining lease
318ELBU.(Repealed)

CHAPTER 10 - (Repealed)

CHAPTER 11 - ROYALTIES

• 319 Relationship of chapter with Taxation Administration Act 2001
• 320 Royalty return and payment
• 321 Prescription of royalty
• 321A Regulation may impose civil penalties
322. (Repealed)
• 323 Resolving inconsistency between differing royalty provisions
• 324 Utilisation of security deposit towards royalty payments
• 325 Royalty return and payment upon transfer or surrender of mining claim or mining lease
326. (Repealed) 326A. (Repealed) 326B. (Repealed) 326C. (Repealed) 326D. (Repealed) 326E. (Repealed) 327. (Repealed)
• 327A Revenue commissioner may require royalty estimate
328. (Repealed) 329. (Repealed) 330. (Repealed) 331. (Repealed) 331A. (Repealed) 331B. (Repealed) 331C. (Repealed) 331D. (Repealed) 331E. (Repealed) 331F. (Repealed) 331G. (Repealed) 332. (Repealed) 332AA. (Repealed) 332A. (Repealed) 333. (Repealed) 333A. (Repealed) 333B. (Repealed) 333C. (Repealed) 333D. (Repealed) 333E. (Repealed) 333F. (Repealed) 333G. (Repealed) 333H. (Repealed) 333I. (Repealed) 333J. (Repealed) 333K. (Repealed) 333L. (Repealed) 333M. (Repealed) 333N. (Repealed) 333O. (Repealed) 333P. (Repealed) 333Q. (Repealed) 333QA. (Repealed) 333QB. (Repealed) 333QC. (Repealed) 333QD. (Repealed) 333QE. (Repealed) 333QF. (Repealed) 333QG. (Repealed) 333QH. (Repealed) 333QI. (Repealed) 333QJ. (Repealed) 333R. (Repealed) 333S. (Repealed) 333T. (Repealed) 333U. (Repealed) 333V. (Repealed) 333W. (Repealed) 333X. (Repealed) 333Y. (Repealed) 333Z. (Repealed) 333ZA. (Repealed) 334. (Repealed) 334A. (Repealed) 334B. (Repealed) 334C. (Repealed) 334D. (Repealed)

CHAPTER 12 - PROVISIONS ABOUT PARTICULAR AREAS, MATTERS OR MINING TENEMENTS

PART 1 - PROVISIONS FOR MCFARLANE OIL SHALE DEPOSIT

Division 1 - Preliminary

• 334E Application of pt 1
• 334F What is an oil shale mining tenement
• 334G Relationship with other provisions of this Act

Division 2 - Moratorium provisions

• 334H Prohibition on granting oil shale mining tenements
• 334I Suspension of oil shale activities
• 334J Access rights for particular activities
• 334K Ministerial power to suspend rental obligation
• 334L Suspension or waiver of reporting obligations
• 334M Suspension or waiver of performance requirements
• 334N Transfers
• 334O Renewals
• 334P Rights and obligations under other Acts not affected

PART 2 - COLLINGWOOD PARK STATE GUARANTEE

• 334Q Definitions for pt 2
• 334R What is the Collingwood Park State guarantee
• 334S Registering guarantee in freehold land register
• 334T Removing guarantee from registrar’s records
• 334U No fee payable

PART 3 - (Repealed)

PART 4 - CHERWELL CREEK PROVISIONS

• 334ZB Definitions for pt 4
• 334ZC Renewal of EPC545
• 334ZD Rejection of particular applications for mining tenements
• 334ZE Persons who may apply for, or be granted, a mining tenement for land in the area of MDLA364
• 334ZF Persons who may apply for, or be granted, a mining tenement for particular land in the area of SL12/42239
• 334ZG No consent required for application for mining tenement for particular land
• 334ZH Deciding application to add excluded land to EPC 545
• 334ZI No compensation payable by the State
• 334ZJ Compensation payment by prescribed persons

PART 4A - MORATORIUM RELATING TO MINERAL (F)

Division 1 - Preliminary

• 334ZJA Purpose of part
• 334ZJB Relationship with other provisions
• 334ZJC Inconsistency with other provisions

Division 2 - Activities for mineral (f)

• 334ZJD Prohibitions relating to mineral (f)
• 334ZJE Activities under mineral (f) development licence
• 334ZJF Obligations under mineral (f) development licence
• 334ZJG Automatic renewal of mineral (f) development licence

PART 4B - GRANT OF MINING LEASE APPLICATION 70460

• 334ZJH Definitions for part
• 334ZJI Grant of mining lease application 70460
• 334ZJJ Effect of grant on other applications
• 334ZJK No compensation payable by State, ML 70434 entity or ML 70460 entity

PART 4C - PROVISIONS ABOUT BYERWEN MINE

• 334ZJL Definitions for part
• 334ZJM Meaning of accommodate
• 334ZJN Grant of mining lease ML700066
• 334ZJO Variation of particular mining leases
• 334ZJP Deciding particular applications
• 334ZJQ No compensation payable by the State

PART 5 - OTHER PROVISIONS

• 334ZK Validation of granting of mining lease 1978
• 334ZL Validation of inclusion of additional surface area No. 2 in mining lease 4761
• 334ZM Provisions about compensation for owners of lots 65 and 66 on RP909055
• 334ZN Cancellation of Shelburne Bay mining leases
• 334ZO Particular mineral development licences and mining leases
• 334ZOA Validation of mining lease granted without issue of instrument of lease

CHAPTER 12A - PROVISIONS ABOUT WATER FOR MINERAL DEVELOPMENT LICENCES AND MINING LEASES

PART 1 - WATER RIGHTS FOR MINERAL DEVELOPMENT LICENCES AND MINING LEASES

• 334ZP Entitlement to use underground water
• 334ZQ Water monitoring activities
• 334ZR Authorisation for Water Act
• 334ZS Water Act not otherwise affected

PART 2 - WATER MONITORING AUTHORITIES

Division 1 - Obtaining water monitoring authority

• 334ZT Who may apply for water monitoring authority
• 334ZU Requirements for making application
• 334ZV Deciding application for water monitoring authority

Division 2 - Particular activities authorised for water monitoring authorities

• 334ZW Operation of div 2
• 334ZX Water monitoring activities
• 334ZY Limited right to take or interfere with underground water
• 334ZZ Authorisation for Water Act
• 334ZZA Water Act not otherwise affected
• 334ZZB Restriction on carrying out authorised activities
• 334ZZC No right to mineral discovered

Division 3 - Miscellaneous provisions

• 334ZZD Term of authority
• 334ZZE Provision for who is the holder of a water monitoring authority
• 334ZZF Additional condition of relevant mineral development licence or mining lease
• 334ZZG Annual rent
• 334ZZH Power to use security
• 334ZZI Amending water monitoring authority by application

PART 3 - OWNERSHIP OF PARTICULAR WORKS

• 334ZZJ Ownership of works constructed in connection with water monitoring bore
• 334ZZK Interfering with water monitoring bore

PART 4 - WATER MONITORING BORES

Division 1 - Transfer of water monitoring bores

• 334ZZL Operation of division
• 334ZZM Transfer permitted only under division
• 334ZZN Effect of transfer
• 334ZZO Transfer of water monitoring bore to landowner
• 334ZZP Transfer of water monitoring bore to the State
• 334ZZQ Transfer of water monitoring bore to holder of mineral development licence, mining lease or water monitoring authority
• 334ZZR Notice of transfer to Water Act regulator

Division 2 - Decommissioning of water monitoring bores

• 334ZZS Obligation to decommission
• 334ZZT Right of entry to facilitate decommissioning
• 334ZZU Responsibility for bore after decommissioning

CHAPTER 13 - ADMINISTRATION AND JUDICIAL FUNCTIONS

PART 1 - DIRECTIONS TO REMEDY CONTRAVENTION

• 335A Power to give compliance direction
• 335B Requirements for giving compliance direction
• 335C Failure to comply with compliance direction
• 335D Right of internal review and appeal against compliance direction
• 335E Other authorised officer’s powers not affected

PART 2 - (Repealed)

PART 3 - AUTHORISED OFFICERS AND OTHER APPOINTMENTS

• 336 Appointment—authorised officers
• 336A Appointment—authorised persons
• 337 Appointment conditions and limit on powers
• 338 When office ends
• 339 Resignation
• 340 Issue of identity card
• 341 Production or display of identity card
• 341A Return of identity card
• 342 Powers of authorised officers
• 343 Seizure of minerals produced by or vehicles, machinery etc. used in unauthorised mining
343A. (Repealed)

PART 4 - REMEDIATION OF ABANDONED MINE SITES AND REHABILITATION OF FINAL REHABILITATION SITES

Division 1 - Preliminary

• 344 Definitions for part
• 344A Meaning of remediation activity
• 344B Meaning of rehabilitation activity

Division 2 - Authorisation to carry out remediation activities or rehabilitation activities

• 344C Authorisation to carry out remediation activities on abandoned mine site or affected land
• 344D Authorisation to carry out rehabilitation activities on final rehabilitation site
• 344E Entering land to carry out remediation activities or rehabilitation activities
• 344F Notice of entry
• 344G Consent of owner or occupier to enter affected land
• 344H Obligation of authorised person in carrying out activities
• 344I Report to owner and occupier after entry of affected land

Division 3 - Compensation

• 345 Compensation
• 346 Land Court’s decision about compensation
• 347 Application of particular provisions about compensation
• 348 Liability for payment of compensation to native title holders

PART 5 - THE LAND COURT

• 10.9I (Expired)
353. (Repealed) 354. (Repealed) 355. (Repealed) 10.13. (Repealed) 356. (Repealed) 357. (Repealed) 358. (Repealed) 359. (Repealed) 360. (Repealed) 361. (Repealed) 362. (Repealed)
• 363 Substantive jurisdiction
• 364 Application for interim orders by remote means
365. (Repealed) 366. (Repealed) 367. (Repealed) 368. (Repealed) 369. (Repealed)
• 370 Jurisdiction of Supreme Court
371. (Repealed) 372. (Repealed) 373. (Repealed) 374. (Repealed) 375. (Repealed) 376. (Repealed) 377. (Repealed)
• 378 Power to order deposit of mineral etc.
379. (Repealed)
• 380 Land Court may order survey
• 381 Power of Land Court to order surrender of minerals

PART 6 - RELEASING REQUIRED INFORMATION

• 382 Public release of required information
• 383 Minister may use required information

CHAPTER 14 - MISCELLANEOUS PROVISIONS

• 386J Request to applicant about application
• 386K Refusing application for failure to comply with request
• 386L Notice to progress relevant applications
• 386M Particular criteria generally not exhaustive
• 386N Particular grounds for refusal generally not exhaustive
• 386O Place or way for making applications, giving, filing, forwarding or lodging documents or making submissions
• 386P Requirements for making application
• 386PA Chief executive’s power to refund application fee
• 386Q Period of effect of particular later development plans
• 386R Required way for defining boundary of proposed mining tenement
• 386S Boundary definition notice
• 386T Requirement to define or further define mining tenement boundary
• 386U Requirement to remove physical monuments
• 386V Carrying out activity on land for boundary definition purposes
• 386W Dispute about carrying out activity under s 386V in area of prospecting permit or non-mining resource authority
• 386X Report about activity under s 386V to chief executive by owner or occupier of land
• 386Y Person carrying out activity under s 386V contravening condition or this Act
387. (Repealed) 387A. (Repealed) 387B. (Repealed) 387C. (Repealed) 387D. (Repealed)
• 388 Notice of change of address for service
389. (Repealed)
• 390 Priority of competing applications
• 391 Restriction on grants etc.
• 391A Restriction on decisions or recommendations about mining tenements
391B. (Repealed)
• 391C Small scale mining code
• 392 Substantial compliance with Act may be accepted as compliance
• 393 Prescribed person excused for neglect or default of other entities or circumstances beyond person’s control
• 394 Declaration of State forests etc. over land subject to grants
11.9. (Repealed)
• 395 Act’s application to holder of fossickers licence
• 396 Application of other Acts
• 396A Transfer of coal exploration or production well to petroleum tenure holder
• 397 Limitation of owner’s or occupier’s tortious liability for authorised activities
• 397A Duty to avoid interference in carrying out authorised activities
• 397B Obstruction of person carrying out authorised activity
• 398 Delegation by Minister and chief executive
• 399 Service of documents by prescribed persons
• 399A Service of documents generally
• 400 Acting in aid of authorised officer
• 401 Protection against liability
• 401A Protection against liability as condition of approval
• 402 Offences with respect to unauthorised mining etc.
• 403 Offences regarding land subject to mining claim or mining lease
• 404 Offence to resist bailiff etc.
• 404A Distance of excavation from railway works
• 404B Interference with particular things
• 404C Information requirements for holders of mining tenements
• 404D False or misleading document
• 404E Interference with road
• 405 Directions to be complied with
• 406 Land Court may review direction or requirement
• 407 Minister may require survey
• 408 Surveyor not to have interest
• 409 Removal orders
• 410 Certain interests not interests for certain purposes
• 411 Indemnity against liability
• 412 Offences and recovery of penalties etc.
• 412A Liability of executive officer—particular offences committed by company
• 412B Executive officer may be taken to have committed offence
• 413 Evidentiary provision
• 414 Failure to supply information constitutes noncompliance with Act
• 415 Copies of decisions to be sent to chief executive
• 416 Rights independent of this Act preserved
• 416A Approval of forms
416B. (Repealed)
• 417 Regulation-making power
11.32. (Repealed)
• 11.33 (Expired)
11.35. (Repealed)

CHAPTER 15 - TRANSITIONAL, DECLARATORY AND VALIDATING PROVISIONS

PART 1 - GENERAL TRANSITIONAL PROVISION

• 723AA References to repealed Acts

PART 2 - TRANSITIONAL PROVISIONS BEFORE MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012

Division 1 - Transitional provisions for Act No. 27 of 1998

• 723 At Risk agreement conditions
• 724 Application of Mineral Resources Amendment Act 1998

Division 2 - Transitional provisions for Act No. 38 of 1998

• 725 Application of div 2
• 726 Definitions for div 2
• 727 Giving advice of notification commencement day
• 728 Existing prospecting permit applications
• 729 Existing mining claim applications
• 730 Existing exploration permit applications
• 731 Existing mineral development licence applications
• 732 Existing mining lease applications
• 733 Existing applications for certain approvals
• 734 Separate hearings

Division 3 - Transitional provisions for Environmental Protection and Other Legislation Amendment Act 2000

• 735 Existing Act continues to apply for special agreement Acts until Environmental Protection Act, ch 13, pt 2, div 7 commences

Division 4 - Transitional provision for Mineral Resources and Other Legislation Amendment Act 2002

• 736 Exclusion of pt 7A for continuance of existing notifiable road uses

Division 5 - Transitional provisions for Natural Resources and Other Legislation Amendment Act 2003

• 737 No notification commencement day advised before 31 March 2003
• 738 Effect of extension of time for giving notice or information

Division 6 - Transitional provisions for Petroleum and Gas (Production and Safety) Act 2004

• 739 Definitions for div 6
Subdivision 2 - Provisions for special agreement Acts
• 740 Application of div 6 to special coal mining lease under special agreement Act
• 741 Unfinished special coal mining lease applications
• 742 Division 6 prevails over special agreement Acts
• 743 No compensation
Subdivision 3 - Provision for section 3A 744. Application of s 3A to existing mining tenements Subdivision 4 - Unfinished coal or oil shale mining lease applications for land in area of petroleum tenure
• 745 Application of pt 7AA
Subdivision 5 - Provisions for existing coal mining leases
• 746 Clarification provision for coal seam gas
• 747 Continuation of particular rights relating to coal seam gas under mineral hydrocarbon mining leases
• 748 Restriction on flaring or venting coal seam gas
• 749 Deferral of ss 318CN(2) and 318CO for particular existing coal mining lease holders
• 750 Deferral of s 318CR(1) for existing coal mining lease holders
Subdivision 6 - Modified application of section 318CI for particular existing exploration tenements overlapping with petroleum lease
• 751 Application of sdiv 6
• 752 Modified application of s 318CI until 3 months after commencement
• 753 Power to relinquish if activity restricted
Subdivision 7 - Particular provision for existing mineral development licences that overlap with a Petroleum Act lease
• 754 Application of sdiv 7
• 755 Substituted restriction on authorised activities
Subdivision 8 - Development plans
• 756 Application of sdiv 8
• 757 Deferral of obligation to comply with development plan
• 758 Obligation to lodge proposed development plan
• 759 Application of pt 7AA, div 9, sdiv 3 for approval of proposed plan
• 760 Additional requirement for proposed development plan for mineral hydrocarbon mining lease
• 761 Additional condition for proposed development plan for mineral hydrocarbon mining lease
• 762 Omission of particular conditions to be superseded by development plan
• 763 Development plan requirements for renewal applications if no current development plan

Division 7 - Transitional provisions for Mineral Resources and Other Legislation Amendment Act 2005

• 764 Application of particular provisions
• 764A Application of public interest provisions to undecided applications

Division 8 - Transitional provisions for Land Court and Other Legislation Amendment Act 2007

• 765 Particular references to Land Court to be taken to be references to tribunal
• 766 Reference to tribunal in s 764 (Application of particular provisions)

Division 9 - Transitional provision for Mining and Other Legislation Amendment Act 2007

• 766A Provision for amendment of s 133

Division 10 - Transitional provisions for Clean Energy Act 2008

• 767 Continuation of regulation under s 391
• 767A Application of s 208(3A) to existing applications

Division 11 - Transitional provision for Mines and Energy Legislation Amendment Act 2008

• 768 Application of div 11
• 769 Transitional provision for rental
• 770 Transitional provision for contravention provisions
Subdivision 2 - Provision for special agreement Acts
• 771 Payment of rent for special agreement Act leases
Subdivision 3 - Miscellaneous provision
• 772 Existing applications

Division 12 - Transitional provision for Mines and Energy Legislation Amendment Act 2010

• 773 Existing mining lease applications

Division 13 - Transitional provisions for amendments under Geothermal Energy Act 2010

• 774 Reference to particular leases
• 775 Application of amended s 249
Subdivision 2 - Provisions for amendments about compensation and the land access code
• 776 Old access code ceases to apply
• 777 Land access code prevails over conditions
• 778 Existing compensation decisions and proceedings continue
• 779 Existing agreements about compensation
• 780 Existing notices of entry
• 781 Additional exemption to conduct and compensation agreement requirement
• 782 References to geothermal tenure
Subdivision 3 - Provisions for enactment of Geothermal Energy Act 2010
• 783 Definitions for sdiv 3
• 784 Existing mining tenement applications
• 785 Existing mining claims consented to by geothermal permit holder

Division 14 - Transitional provision for Gas Security Amendment Act 2011

• 786 Date of effect of amended s 381A

Division 15 - Transitional provision for Community Ambulance Cover Levy Repeal and Revenue and Other Legislation Amendment Act 2011

• 787 Particular applications taken to be properly made

PART 3 - TRANSITIONAL PROVISIONS FOR MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012—AMENDMENTS COMMENCING ON ASSENT

• 788 Definitions for div 16
• 789 Particular land in a mining tenement’s area taken before the commencement
• 790 Land in a mining tenement’s area for which notice of intention to resume given before the commencement

PART 4 - TRANSITIONAL PROVISIONS FOR MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012—AMENDMENTS COMMENCING BY PROCLAMATION

Division 1 - Preliminary

• 791 Definitions for div 17

Division 2 - Provisions relating to exploration permits

• 792 Particular applications for exploration permits
• 793 Periodic reduction in land covered by existing exploration permit

Division 3 - Provisions relating to mining claims

• 794 Existing applications for mining claim if no referral to Land Court
• 795 Existing applications for mining claim or renewal of mining claim—term of claim

Division 4 - Provisions relating to mining leases

• 796 Existing applications for mining lease if no referral to Land Court
• 797 Existing referral of mining lease to Land Court
• 798 Minister to decide particular applications for or about mining leases

Division 5 - Provisions common to mining tenements

• 799 Unfinished actions under former s 96, 151, 198 or 300
• 800 Deciding applications for approval of assessable transfers until commencement of particular provisions
• 801 Continued functions for caveats received before the commencement
• 802 Continued functions for removal or withdrawal of caveat

Division 6 - Other provisions

• 803 Existing requests for information
• 804 Relocation and renumbering of provisions

PART 5 - TRANSITIONAL PROVISION FOR FISCAL REPAIR AMENDMENT ACT 2012

• 805 Application of Act to particular unpaid royalty

PART 6 - TRANSITIONAL PROVISIONS FOR MINING AND OTHER LEGISLATION AMENDMENT ACT 2013

Division 1 - Provisions for amendments commencing on assent

• 806 Definition for div 1
• 807 Existing applications for exploration permits for minerals other than coal
• 808 Existing applications for exploration permits for coal

Division 2 - Provisions for amendments commencing by proclamation

• 809 Definitions for div 2
• 810 Application of former ss 61, 64 to 64D and 83
• 811 Provision about condition for work program
• 812 Application of s 93 to renewal of mining claim
• 813 Persons taken to be authorised officers
• 814 References to repealed terms in former provisions and other documents
• 815 Other references to repealed terms
• 816 Conversion of mining lease to mining claim

PART 7 - TRANSITIONAL PROVISIONS FOR TRANSPORT AND OTHER LEGISLATION AMENDMENT ACT 2014

• 817 Mining lease application not decided before the commencement

PART 8 - TRANSITIONAL PROVISIONS FOR STATE DEVELOPMENT, INFRASTRUCTURE AND PLANNING (RED TAPE REDUCTION) AND OTHER LEGISLATION AMENDMENT ACT 2014

• 818 Application of repealed ss 334Z and 334ZA
• 819 (Expired)

PART 9 - TRANSITIONAL PROVISIONS FOR REVENUE LEGISLATION AMENDMENT ACT 2014

• 820 Definition for pt 9
• 821 Application of particular provisions for previous section 326 records
• 822 Application of ch 11, pt 3, divs 2 and 3 for royalty payable for period occurring before 1 July 2014
• 823 Application of s 333J to particular administrators

PART 10 - TRANSITIONAL PROVISIONS FOR MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014

• 824 Continued appeal right for particular decisions
• 825 Existing practice manuals
• 826 Application of incidental coal seam gas provisions
• 827 Applications for mineral development licences accepted before commencement
• 828 Mining claim application certificates given before commencement
• 829 Certificates of applications for a mining lease given before commencement
• 830 Certificates of public notice given before commencement
• 833 Act as in force on relevant day continues to apply for particular mining leases
• 834 Relevant provisions continue to apply for particular mining tenements
• 837 Validation of conversion of mining lease to mining claim

PART 10A - OTHER PROVISION FOR MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014

• 837A Application of Common Provisions Act, s 138 to particular coal mining leases

PART 11 - TRANSITIONAL PROVISION FOR MINERAL RESOURCES (AURUKUN BAUXITE RESOURCE) AMENDMENT ACT 2016

• 838 Amended Act applies to existing mineral development licence applications

PART 12 - TRANSITIONAL PROVISION FOR WATER REFORM AND OTHER LEGISLATION AMENDMENT ACT 2014

• 839 Restriction on entitlement to use underground water—Act, s 334ZP

PART 13 - TRANSITIONAL PROVISIONS FOR MINERAL, WATER AND OTHER LEGISLATION AMENDMENT ACT 2018

• 840 Determining compensation for applications for grant or renewal of mining claims and mining leases made before commencement
• 841 Continuing effect of consent to enter reserve
• 842 Application of s 833 for particular mining leases
• 843 Application of s 834 for particular mining tenements

PART 14 - TRANSITIONAL PROVISIONS FOR REVENUE LEGISLATION AMENDMENT ACT 2018

• 844 Validity of assessments and reassessments of royalty made before 1 July 2014
• 845 Gross value royalty decisions—periods occurring before 1 September 2013

PART 15 - TRANSITIONAL PROVISIONS FOR NATURAL RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2019

Division 1 - Provisions for amendments commencing on assent

• 846 Power of Minister to refuse application for mining claim if compensation not determined
• 847 Power of Minister to refuse application for mining lease if compensation not determined
• 848 Chief executive’s power to refund application fee

Division 2 - Provisions for amendments commencing by proclamation

• 849 Definitions for division
• 850 Existing programs of work
• 851 Existing applications for particular exploration permits
• 852 Existing tenders for particular exploration permits
• 853 Existing applications to vary conditions of exploration permit
• 854 Existing applications for renewal of exploration permit
• 855 Limitation on applications to vary conditions of exploration permit
• 856 Restrictions on renewal of exploration permit
• 857 Relinquishment requirements for existing exploration permits
• 861 Power to direct reduction of area of exploration permit of more or less than prescribed area
• 862 Application for extension of last renewed term of exploration permit
• 863 Power to impose, remove or vary condition of exploration permit
• 864 Continuation of exploration permit if application for other tenure

PART 16 - DECLARATORY AND VALIDATING PROVISIONS RELATING TO REGULATIONS

• 865 Declaration about Mineral Resources Regulation 2003
• 866 Declaration about Mineral Resources Regulation 2003
• 867 Application of ss 865 and 866 for all purposes and validation of relevant acts
• 868 Application to all legal proceedings

PART 17 - VALIDATION PROVISION FOR REVENUE AND OTHER LEGISLATION AMENDMENT ACT 2019

• 869 Giving of documents by Minister under royalty provisions before commencement

PART 18 - TRANSITIONAL PROVISION FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2020

• 870 Particular existing applications

PART 18A - (Repealed)

PART 19 - TRANSITIONAL PROVISIONS FOR MINERAL AND ENERGY RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2020

• 871 Power of Minister to refuse application for mining claim if compensation not determined
• 872 Application or tender for exploration permit made before commencement
• 873 Power to impose or amend condition if changed holder of particular resource authorities
• 874 Application for later specific purpose mining lease or transportation mining lease made before commencement
• 875 Provision of security for particular mining leases
• 876 Provision of security for existing applications for grant or renewal of mining lease
• 877 Power of Minister to refuse application for mining lease if compensation not determined
• 878 Existing applications for grant or renewal of mining lease for prescribed mineral
• 879 Application of amended Act to particular mining leases for prescribed minerals
• 880 Mining lease granted or renewed after transitional period on existing application
• 881 Application for renewal of transitioning mining lease during transitional period
• 882 Application of ch 6, pt 1A, div 3 to proposed initial development plan for transitioning mining lease
• 883 Conferences with eligible claimants or owners or occupiers started before commencement
• 884 Existing authority to carry out remediation activities or rehabilitation activities

PART 20 - TRANSITIONAL PROVISIONS FOR ROYALTY LEGISLATION AMENDMENT ACT 2020

• 885 Definitions for part
• 886 Application of Taxation Administration Act 2001 to liability for royalty-related amounts
• 887 This Act as revenue law for Taxation Administration Act 2001
• 888 References in Taxation Administration Act 2001
• 889 Application of Taxation Administration Act 2001, s 38 (Applying amounts to current and future tax liabilities)
• 890 Application of Taxation Administration Act 2001, s 138 (Second or subsequent offence)
• 891 Application of ch 11, pt 3 (Royalty administration)
• 892 Proceedings for particular offences
• 893 Revenue commissioner may do particular things
• 894 Delegations
• 895 References to Minister
• 896 Royalty investigators
• 897 Application of former regulation provisions to particular matters
• 898 (Expired)

PART 21 - TRANSITIONAL PROVISION FOR COAL MINING SAFETY AND HEALTH AND OTHER LEGISLATION AMENDMENT ACT 2022

• 899 Deferral of first rent under s 291

PART 22 - TRANSITIONAL PROVISION FOR LAND AND OTHER LEGISLATION AMENDMENT ACT 2023

• 900 Application of s 291 to mining leases granted on or after 21 November 2022
• SCHEDULE 1
Schedule 1A (Repealed)
• SCHEDULE 2