MINERAL RESOURCES ACT 1989

Queensland Consolidated Acts

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MINERAL RESOURCES ACT 1989

TABLE OF PROVISIONS

Long Title

Contents

Part 1--Preliminary

1. Short title
2. Objectives of Act
3. Application of Act to Commonwealth land and coastal waters of the State
3A. Relationship with petroleum legislation
3B. Relationship with Greenhouse Gas Storage Act 2008
4. Effect of change of baseline
5. Definitions
6. Meaning of mineral
6A. Meaning of mine
6B. Meaning of prospect
6C. What is carrying out improvement restoration
7. When educational institution is an eligible person
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
10AA. Joint holders of mining tenement
10A. Extension of certain entitlements to registered native title bodies corporate and registered native title claimants

Part 2--Mining districts

11. Mining districts

Part 3--Prospecting permits

Division 1--Prospecting permit categories and entitlements

13. Definition for div 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

Division 2--Other provisions about prospecting permits

21. Application for prospecting permit
22. Reason for rejection of application to be given
23. Refund upon rejection of application
24. Grant of prospecting permit
24A. Content of prospecting permit
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. Mining registrar 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 mining registrar by owner of land
35. Penalty for breach of conditions
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
46. Production of prospecting permit
47. Staying on occupied land

Part 4--Mining claims

48. Land subject to 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. Marking out land before application for grant of mining claim
57. Manner of marking out land proposed to be subject of mining claim
58. Consent of mining registrar required to certain marking out of land
59. Time for application for grant of mining claim
60. If application for mining claim not made, is rejected or abandoned, posts etc. to be removed
61. Application for grant of mining claim
62. Description of mining claim
63. Priority of applications for grant of mining claims
64. Certificate of application etc.
64A. Issue of certificate of public notice
64B. Applicant's obligations for certificate of public notice
64C. Declaration of compliance with obligations
64D. Continuing obligation to notify
65. Mining registrar may call conference in some cases
66. Who may attend conference
67. What happens if someone does not attend
68. Mining registrar'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
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. Consultation and negotiated agreement conditions
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. Referral to Land Court of issue of compensation if not settled within 3 months after term of claim ends
86. Appeal against Land Court's determination upon compensation
86A. Security for costs of appeal
87. Public trustee may act in certain circumstances
88. Issue of certificate of grant of mining claim
89. Reasons for rejection of application for grant of mining claim
90. Duty of holder of mining claim to mark boundary posts
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 assignee
94. Reasons for rejection of application for renewal of mining claim
95. Rental payable on mining claim
96. Assignment or mortgage of mining claim
97. Lodgement of caveat
98. Mining registrar's functions upon receipt of caveat
99. Effect of caveat
100. Second caveat not available to same person
101. Removal or withdrawal of caveat
102. Compensation for lodging caveat without reasonable cause
103. Correction of certificate of grant of mining claim
104. Replacement of certificate of grant of mining claim
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 on mining claim land
111. Declaration of prohibited machinery on mining claim land
112. Mining registrar 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 on reserve subject of mining claim application
125. Variation of access to mining claim land

Part 5--Exploration permits

126. Blocks and sub-blocks of land
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
131. Restriction on grant of exploration permits over same sub-block
132. Exclusion of land from exploration permit if subject to other authority under Act
133. Application for exploration permit
133A. Minister may request information
134. Application to be numbered
134A. Priority of applications for grant of exploration permit
135. No application for exploration permit within 2 months of land ceasing to be subject to exploration permit
137. Grant of exploration permit
137A. Content of exploration permit
138. Rental payable on exploration permit
139. Periodic reduction in land covered by exploration permit
140. Voluntary reduction in land covered by exploration permit
141. Conditions of exploration permit
141AA. Additional conditions of exploration permit relating to native title
141A. Consultation and negotiated agreement conditions
141B. Other agreement conditions
141C. Application to vary conditions of existing permit
144. Provision of security
145. Compensation
146. Initial term of exploration permit
147. Application for renewal of exploration permit
147AA. Minister may request information
147A. Decision on application
147B. Chief executive must give copy of application to EPA administering authority
147C. Continuation of permit while application being dealt with
147D. When term of renewed permit starts
147E. When new conditions of renewed permit start
147F. Renewal of permit must be in name of last recorded assignee
148. Rights and obligations upon application for mining lease or mineral development licence
149. Correction of instrument of exploration permit
150. Replacement of instrument of exploration permit
151. Assignment of exploration permit
152. Lodgement of caveat
153. Chief executive's functions upon receipt of caveat
154. Effect of caveat
155. Second caveat not available to same person
156. Removal or withdrawal of caveat
157. Compensation for lodging caveat without reasonable cause
158. Recording of agreements, arrangements, dealings or interests
159. Abandonment of application for exploration permit
160. Contravention by holder of exploration permit
161. Surrender of exploration permit
162. Adjustment of rental etc. upon surrender etc. of exploration permit
163. Notice of entry to be given
164. Term and renewal of notice
166. Improvement restoration for exploration permit
167. Production of exploration permit
168. Utilisation of security deposit towards subsequent exploration permit
169. Mining registrar may call conference in some cases
170. Who may attend conference
171. What happens if someone does not attend
172. Mining registrar's function at section 169 conference
173. Agreements and statements at section 169 conference
174. Land Court may award costs
175. Mining registrar 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 land under exploration permit upon grant of mineral development licence or mining lease
178. Discovery etc. of mineral does not vest property

Part 6--Mineral development licences

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 mineral development licence if covered by other authority under Act
183. Application for mineral development licence
183A. Minister may request information
184. Description of mineral development licence
185. Priority of applications for grant of mineral development licences
186. Minister may grant or refuse application
186A. Content of mineral development licence
187. Holder to notify owners of land of grant or renewal
188. Upon rejection of application, application fee or part may be retained
189. Abandonment of application for mineral development licence
190. Provision of security
191. Compensation
192. Initial term of mineral development licence
193. Rental payable on mineral development licence
194. Conditions of mineral development licence
194AAA. Additional conditions of mineral development licence relating to native title
194AA. Consultation and negotiated agreement conditions
194AB. Other agreement conditions
194AC. Application to vary conditions of existing licence
194A. Land Court's jurisdiction for At Risk agreement
197. Application for renewal of mineral development licence
197AA. Minister may request information
197A. Decision on application
197B. Chief executive must give copy of application to EPA administering authority
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 assignee
198. Assignment or mortgage of mineral development licence
199. Lodgement of caveat
200. Chief executive's functions upon receipt of caveat
201. Effect of caveat
202. Second caveat not available to same person
203. Removal or withdrawal of caveat
204. Compensation for lodging caveat without reasonable cause
205. Recording of agreements, arrangements, dealings or interests
206. Correction of instrument of mineral development licence
207. Replacement of instrument of mineral development licence
208. Adding other minerals to licence
209. Contravention by holder of mineral development licence
210. Surrender of mineral development licence
211. Notice of entry to be given
212. Term and renewal of notice
214. Improvement restoration for mineral development licence
215. Rights and obligations extended upon application for mining lease
216. Production of mineral development licence
217. Mining registrar may call conference in some cases
218. Who may attend conference
219. What happens if someone does not attend
220. Mining registrar's function at section 217 conference
221. Agreements and statements at section 217 conference
222. Land Court may award costs
223. Mining registrar 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 land under 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 land

Part 6A--Mineral development licence for Aurukun project

231A. Application of pts 6 and 6A
231B. Only eligible person can apply for and hold mineral development licence (180)
231C. Application for mineral development licence (183)
231D. Alternative way of describing mineral development licence (184)
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 assigning or mortgaging mineral development licences (198)
231J. Contravention by holder of mineral development licence (209)
231K. Review of decisions

Part 7--Mining leases

232. Land subject to mining lease
233. Only eligible persons to hold mining leases
234. Governor in Council 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 reserve or land near a dwelling house
239. Restriction on mining leases where land freed from exploration permit
240. Marking out land before application for grant of mining lease
241. Manner of marking out land proposed to be subject of mining lease
242. Consent of mining registrar required to certain marking out of land
243. Time for application for grant of mining lease
244. If application for mining lease not made, is rejected or abandoned, posts etc. to be removed
245. Application for grant of mining lease
245A. Mining registrar may request information
246. Description of mining lease
247. Lodgement of application where land in more than 1 mining district
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 mining registrar
251. Priority of applications for grant of mining lease
252. Certificate of application etc.
252A. Issue of certificate of public notice
252B. Applicant's obligations for certificate of public notice
252C. Declaration of compliance with obligations
252D. Continuing obligation to notify
253. Reissue of certificate of public notice
254. Mining registrar may call conference in some cases
255. Who may attend conference
256. What happens if someone does not attend
257. Mining registrar's function at section 254 conference
258. Agreements and statements at section 254 conference
259. Land Court may award costs
260. Objection to application for grant of mining lease
265. Referral of application and objections to Land Court
266. Mining registrar may recommend rejection of application for noncompliance
267. Minister may reject application at any time
268. Hearing of application for grant of mining lease
269. Land Court's recommendation on hearing
270. Procedure where no objections lodged
271. Minister to consider recommendation made in respect of application for grant of mining lease
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. Holder of a mining lease to mark boundary posts
275. Application for inclusion of surface of land in mining lease
276. General conditions of mining lease
276A. Consultation and negotiated agreement conditions
276B. Other agreement conditions
277. Provision of security
278. Utilisation of security deposit towards subsequent mining lease
278A. Land Court's jurisdiction for At Risk agreement
279. Compensation to be settled before grant or renewal of mining lease
279A. Referral to Land Court of issue of compensation if not settled within 3 months after term of lease ends
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
286AA. Mining registrar may request information
286A. Decision on application
286B. Chief executive must give copy of application and renewed mining lease to EPA administering authority
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 assignee
287. Notice of rejection of renewal application
288. Holder to notify owner of grant or renewal of mining lease
289. Mining lease where area not surveyed
290. Rental payable on mining lease
290A. Application of GST to rents for certain mining leases
294. Variation of conditions of mining lease
295. Variation of mining lease for accuracy etc.
296. Correction of instrument of lease
297. Replacement instrument of lease
298. Mining other minerals or use for other purposes
299. Consolidation of mining leases
300. Assignment, mortgage or sublease of mining lease
301. Lodgement of caveat
302. Mining registrar's functions upon receipt of caveat
303. Effect of caveat
304. Second caveat not available to same person
305. Removal or withdrawal of caveat
306. Compensation for lodging caveat without reasonable cause
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
316. Mining lease for transportation through land
317. Variation of access to mining lease land
318. Improvement restoration for mining lease

Part 7AAA--Mining lease for Aurukun project

318AAA. Application of pts 7 and 7AAA
318AAB. Only eligible person can apply for and hold mining lease (233)
318AAC. Alternative way of marking out land proposed to be subject of mining lease (241)
318AAD. Application for grant of mining lease (245)
318AAE. Additional matters for application (252)
318AAF. Mining lease must include all surface of land (273)
318AAG. Holder of a mining lease to mark boundary posts (274)
318AAH. General conditions of mining lease (276)
318AAI. Initial term of mining lease (284)
318AAJ. Renewal of lease (286A)
318AAK. Requirements for assigning, mortgaging or subleasing mining leases (300)
318AAL. Contravention by holder of mining lease (308)
318AAM. Limitation on surrender of mining lease (309)

Part 7AA--Provisions for coal seam gas

Division 1--Preliminary
Subdivision 1--Introduction

318A. Main purposes of pt 7AA
318AA. How main purposes are achieved
318AB. Relationship with pts 5-7
Subdivision 2--Definitions for part 7AA
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
Subdivision 3--Relationship with particular special agreement Acts
318AL. Application of pt 7AA to grant of special coal mining lease under Central Queensland Coal Associates Agreement Act 1968
318AM. Part prevails over special agreement Acts
318AN. No compensation

Division 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)
Subdivision 1--Preliminary

318AO. Application of div 2
Subdivision 2--Provisions for making coal or oil shale mining lease application
318AP. Additional requirements for making application
Subdivision 3--Provisions for separate applications in particular circumstances
318AQ. Requirement for separate applications relating to authority to prospect and petroleum lease not held by same person
318AR. Requirement for separate application for other land
Subdivision 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
Subdivision 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 significant project
Subdivision 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
Subdivision 7--Process if preference decision is to give any preference to petroleum development
318BF. Application of sdiv 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
Subdivision 8--Deciding mining lease
318BK. Application of sdiv 8
318BL. Additional criteria for recommending conditions or term
318BM. Power to determine relinquishment condition
318BN. Publication of outcome of application

Division 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 div 3
318BP. Additional requirements for making application
318BQ. Requirement for separate applications relating to petroleum lease and authority to prospect not held by same person
318BR. Requirement for separate application for other land
318BT. Priority for earlier petroleum lease application or proposed application
318BU. Additional criteria for recommending conditions or term

Division 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

Division 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 div 5
318BX. Additional requirements for making application
318BY. Requirement for separate application for other land
318C. Notice to petroleum lease holder
318CA. Petroleum lease holder's obligation to negotiate
318CB. Restriction on issuing certificate of public notice and additional requirements for grant

Division 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 div 6
318CD. Additional requirements for making application
318CE. Requirement for separate application for other land
318CG. Additional criteria for recommending conditions

Division 7--Additional provisions for coal and oil shale exploration tenements
Subdivision 1--Grant of coal or oil shale exploration tenement in area of authority to prospect

318CH. Provisions for coal or oil shale exploration tenement
Subdivision 2--Restriction on authorised activities on petroleum lease land
318CI. Restriction
Subdivision 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

Division 8--Additional provisions for coal mining leases and oil shale mining leases
Subdivision 1--Entitlement to coal seam gas

318CL. Application of div 8
318CM. Limited entitlement to mine coal seam gas
318CN. Use that may be made under mining lease of incidental coal seam gas
318CO. Restriction on flaring or venting of incidental coal seam gas
Subdivision 2--Provisions for mining coal seam gas from coextensive natural underground reservoirs
318CP. Application of sdiv 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
Subdivision 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. Obligation to lodge annual reports
318CW. Compliance with obligation to negotiate with petroleum lease applicant
318CX. Relinquishment report
318CY. Surrender report
318CZ. Cessation of relinquishment condition for area not overlapping with authority to prospect
Subdivision 4--Amendment of relinquishment condition by application
318D. Application of sdiv 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
Subdivision 5--Restriction on recommendation to amend other conditions
318DH. Interests of relevant petroleum tenure holder to be considered
Subdivision 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
Subdivision 7--Consolidations
318DL. Restriction on consolidation applications
318DM. Additional requirements for making consolidation application
318DN. Deciding whether to approve proposed development plan
Subdivision 8--Restriction on assignment or subletting
318DO. Requirement for coordination arrangement to assign or sublet mining lease in area of petroleum lease

Division 9--Development plans for coal mining leases and oil shale mining leases
Subdivision 1--General provisions about development plans

318DP. Function and purpose
318DQ. Requirement to have development plan
318DR. Obligation to comply with development plan
Subdivision 2--Requirements for proposed initial development plans
318DS. Operation of sdiv 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
Subdivision 3--Approval of proposed initial development plans
318DY. Application of sdiv 3
318DZ. Ministerial approval of proposed plan
318E. Amendment of proposed plan before approval
318EA. Deciding whether to approve proposed plan
Subdivision 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
Subdivision 5--Appeals
318EI. Right of appeal against cancellation, deferral or refusal

Division 10--Confidentiality of information

318EJ. Application of div 10
318EK. Confidentiality obligations
318EL. Civil remedies

Part 7AAB--Provisions for McFarlane oil shale deposit

Division 1--Preliminary

318ELAA.Application of pt 7AAB
318ELAB.What is an oil shale mining tenement
318ELAC.Relationship with other provisions of this Act

Division 2--Moratorium provisions

318ELAD.Prohibition on granting oil shale mining tenements
318ELAE.Suspension of oil shale activities
318ELAF.Access rights for particular activities
318ELAG.Ministerial power to suspend rental obligation
318ELAH.Suspension or waiver of reporting obligations
318ELAI.Suspension or waiver of performance requirements
318ELAJ.Assignments
318ELAK.Renewals
318ELAL.Rights and obligations under other Acts not affected

Part 7AAC--Provisions for GHG authorities

Division 1--Preliminary

318ELAM.Relationship with pts 3 to 7AAB
318ELAN.What is an overlapping GHG authority
318ELAO.What is the GHG public interest
318ELAP.General provision about mining tenements for land subject to GHG authority

Division 2--Obtaining mining lease if overlapping GHG tenure
Subdivision 1--Preliminary

318ELAQ.Application of div 2
Subdivision 2--Requirements for application
318ELAR.Requirements for making application
318ELAS.Content requirements for GHG statement
Subdivision 3--Consultation provisions
318ELAT.Applicant's information obligation
318ELAU.Submissions by GHG tenure holder
Subdivision 4--Resource management decision if overlapping GHG permit
318ELAV.Application of sdiv 4
318ELAW.Operation of sdiv 4
318ELAX.Criteria for decision
318ELAY.Restrictions on giving overlapping authority priority
Subdivision 5--Process if resource management decision is to give overlapping authority priority
318ELAZ.Application of sdiv 5
318ELBA.Notice to applicant and GHG permit holder
318ELBB.GHG lease application for all of the land
318ELBC.GHG lease application for part of the land
318ELBD.No GHG lease application
Subdivision 6--Resource management decision not to recommend grant and not to give priority
318ELBE.Lapsing of application
Subdivision 7--Deciding application
318ELBF.Application of sdiv 7
318ELBG.Application may be refused if no reasonable prospects of future GHG coordination arrangement
318ELBH.Additional criteria for deciding provisions of mining lease
318ELBI.Publication of outcome of application

Division 3--Priority to particular GHG lease applications

318ELBJ.Earlier GHG lease application
318ELBK.Proposed GHG lease for which EIS approval given
318ELBL.Proposed GHG lease declared a significant project

Division 4--Mining lease applications in response to invitation under GHG storage Act

318ELBM.Application of div 4
318ELBN.Minister may refuse application

Division 5--Additional provisions for particular mining tenements
Subdivision 1--Restrictions on authorised activities for particular mining tenements

318ELBO.Prospecting permit overlapping with GHG lease
318ELBP.Other overlapping authorities
318ELBQ.Resolving disputes
Subdivision 2--Provisions about conditions
318ELBR.Notice by particular mining tenement holders to particular GHG authority holders or applicants
318ELBS.Restriction on recommendation to vary conditions of particular mining leases
318ELBT.Condition to notify particular GHG authority holders of proposed start of particular authorised activities
318ELBU.Requirement to continue GHG coordination arrangement after renewal of or dealing with mining lease

Part 7A--Roads

Division 1--Preliminary

318EM. Significant projects excluded from pt 7A
318EN. What is the road authority for a road
318EO. What is a notifiable road use

Division 2--Notifiable road uses

318EP. Notice of notifiable road use
318EQ. Directions about notifiable road use
318ER. Obligation to comply with road use directions

Division 3--Compensation for notifiable road uses

318ES. Liability to compensate road authority
318ET. Compensation agreement
318EU. Deciding compensation through Land Court
318EV. Criteria for decision
318EW. Land Court review of compensation
318EX. Compensation to be addressed before carrying out notifiable road use
318EY. Compensation not affected by change in administration or holder

Part 8--Relationship with Integrated Planning Act 1997

319. Effect on development
319A. Effect on planning schemes

Part 9--Royalties

320. Royalty return and payment
321. Prescription of royalty
322. Minister may request audit
323. Resolving inconsistency between differing royalty provisions
324. Utilisation of security deposit towards royalty payments
325. Royalty return and payment upon assignment or surrender of mining claim or mining lease
326. Maintenance of records
327. Minister may require information
328. Offence not to comply with s 327
329. False or misleading statements
330. Determination of facts by Minister
331. Reassessment of royalty
332. Interest upon unpaid royalty
333. Recovery of unpaid royalties
334. Confidentiality of information
335. Furnishing false particulars etc.

Part 10--Administration and judicial functions

Division 1--Mining registrars and other officers

336. Appointment of mining registrars and other officers
337. Acting mining registrar
338. Disability of mining registrars, deputy mining registrars and field officers
339. Scope of authority of mining registrars and deputy mining registrars
340. Scope of authority of field officers
341. Establishment of offices of mining registrars
342. Powers of mining registrars and others
343. Seizure of minerals produced by or vehicles, machinery etc. used in unauthorised mining
344. Access to abandoned mine

Division 2--The Land Court

363. Substantive jurisdiction
364. Application for interim orders by remote means
370. Jurisdiction of Supreme Court
378. Power to order deposit of mineral etc.
380. Land Court may order survey
381. Power of Land Court to order surrender of minerals

Part 10AA--Collingwood Park State guarantee

381A. Definitions for pt 10AA
381B. What is the Collingwood Park State guarantee
381C. Registering guarantee in freehold land register
381D. Removing guarantee from registrar's records
381E. No fee payable

Part 10A--Wild river areas

382. Definitions for pt 10A
383. Grant of mining tenements in wild river areas
384. Renewal of mining tenements in wild river areas
385. Amending applications for mining tenements in wild river areas
386. Addition of excluded land to mining tenement
386A. Addition of wild river area to mining tenement

Part 11--General

387. Registers to be maintained
387A. Access to registers
387B. Arrangements with other departments for copies from a register
387C. Supply of statistical data from a register
388. Notice of change of address for service
389. Duplicate permits, leases etc.
390. Priority of competing applications
391. Restriction on grants etc.
391A. Restriction on decisions or recommendations about mining tenements
391B. Right of access for authorised activities includes access for rehabilitation and environmental management
392. Substantial compliance with Act may be accepted as compliance
393. Applicant or holder excused for neglect or default of mining registrar etc.
394. Declaration of State forests etc. over land subject to grants
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. Liability of owner restricted
398. Delegation
399. Mode of service of documents
400. Acting in aid of mining registrar etc.
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.
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. Ministerial directions about the giving of information
417. Regulation-making power
418. References to repealed Acts
418A. Validation of granting of mining lease 1978
418AA. Validation of inclusion of additional surface area No. 2 in mining lease 4761
418B. Provisions about compensation for owners of lots 65 and 66 on RP909055
418C. Cancellation of Shelburne Bay mining leases
418D. Particular mineral development licences and mining leases

Part 12--Introduction to native title provisions

419. Application of native title provisions
420. Exclusion of certain agreed acts from pts 13-17
421. Effect of failure to comply with native title provisions
422. Definitions for native title provisions
423. Other provisions for interpretation of native title provisions

Part 13--Native title provisions for prospecting permits

Division 1--Preliminary

425. Purpose of pt 13
426. Application of pt 13
427. Exclusion of certain prospecting permits from pt 13
428. Limited application of pt 13 to prospecting permit in approved opal or gem mining area
429. Definitions for pt 13
430. Meaning of low impact prospecting permit for pt 13
430A. Delayed start for prospecting permit if access agreement required

Division 2--Notification requirements

431. Requirement to notify
432. Failure to notify correctly

Division 3--Consultation and access agreement requirements before entry

433. Requirement for consultation and access agreement
433A. Prospecting activities to be carried out in accordance with access agreement
434. Consultation matters
434A. Access agreements
435. Consultation period and consultation period advice day
436. Parties may seek mediation
436A. Decision by tribunal
437. Notice of access agreement
438. Mining registrar may take action

Part 14--Native title provisions for mining claims

Division 1--Preliminary

439. Purpose of pt 14
440. Limited application of pt 14 to mining claim in approved opal or gem mining area

Division 4--Mining claims

462. Application of div 4
463. Requirement for grant
464. Applying pt 17, div 4 for grant

Division 5--Renewals of mining claims

465. Application of div 5
470. Requirements for renewal—applying div 4
471. Applying div 4 for renewal

Division 6--Requirements for subsidiary approvals

472. Application of div 6
477. Requirements for addition—applying div 4
478. Applying div 4 for addition

Part 15--Native title provisions for exploration permits

Division 1--Preliminary

479. Purpose of pt 15
480. Limited application of pt 15 to exploration permit in approved opal or gem mining area
481. Meaning of low impact exploration permit
482. Meaning of low impact activity
483. Meaning of high impact exploration permit

Division 2--Low impact exploration permits
Subdivision 1--Preliminary

484. Application of div 2
485. Definitions for div 2
Subdivision 2--Notification requirements
486. Requirement to notify
487. Notification of mining registrar
Subdivision 3--Consultation and access agreement requirements before entry
488. Requirement for consultation and access agreement
488A. Exploration activities to be carried out in accordance with access agreement
489. Consultation matters
489A. Access agreements
490. Consultation period and consultation period advice day
491. Parties may seek mediation
491A. Decision by tribunal
492. Notice of access agreement
493. Mining registrar may recommend action

Division 4--High impact exploration permits

522. Application of div 4
523. Requirements for grant
524. Applying pt 17, div 4 for grant

Division 5--Renewals of exploration permits

525. Application of div 5
526. Requirements for renewal—applying div 2
529. Requirements for renewal—applying div 4
530. Applying div 4 for renewal

Division 6--Requirements for subsidiary approvals

531. Application of div 6
532. Requirements for variation—low impact exploration permit
534. Requirements for variation or addition—other exploration permits

Part 16--Native title provisions for mineral development licences

Division 1--Preliminary

535. Purpose of pt 16
536. Limited application of pt 16 to mineral development licence in approved opal or gem mining area
537. Meaning of low impact mineral development licence
538. Meaning of low impact activity
539. Meaning of high impact mineral development licence

Division 2--Low impact mineral development licences
Subdivision 1--Preliminary

540. Application of div 2
541. Definitions for div 2
Subdivision 2--Notification requirements
542. Requirement to notify
543. Notification of mining registrar
Subdivision 3--Consultation and access agreement requirements before entry
544. Requirement for consultation and access agreement
544A. Mineral development activities to be carried out in accordance with access agreement
545. Consultation matters
545A. Access agreements
546. Consultation period and consultation period advice day
547. Parties may seek mediation
547A. Decision by tribunal
548. Notice of access agreement
549. Mining registrar may recommend action

Division 4--High impact mineral development licences

579. Application of div 4
580. Requirements for grant
581. Applying pt 17, div 4 for grant

Division 5--Renewals of mineral development licences

582. Application of div 5
583. Requirements for renewal—applying div 2
586. Requirements for renewal—applying div 4
587. Applying div 4 for renewal

Division 6--Requirements for subsidiary approvals

588. Application of div 6
589. Requirements for variation—low impact mineral development licence
591. Requirements for variation or addition—other mineral development licences
592. Requirements for approval—adding minerals to mineral development licence

Part 17--Native title provisions for mining leases

Division 1--Preliminary

593. Purpose of pt 17
594. Limited application of pt 17 to mining lease in approved opal or gem mining area
596. No re-opening of issues previously decided

Division 4--Mining leases
Subdivision 1--Preliminary

650. Application of div 4
651. Definitions for div 4
Subdivision 2--Notification and registration requirements
652. Requirement to notify
653. Content of written notice
654. Notification of mining registrar
655. Registered native title parties
656. Advice to mining registrar
657. Ending of additional requirements
Subdivision 3--Consultation and negotiation
658. Parties to consultation and negotiation
659. Requirement for consultation and negotiation in good faith
660. Content of negotiation in good faith
661. Failure to negotiate
662. Request for mediation
663. Process for consultation and negotiation—applicant consultation
664. Process for consultation and negotiation—registered native title parties consultation
665. Process for consultation and negotiation—taking account of existing rights, interests and use
666. Process for consultation and negotiation—negotiated agreement with or without conditions attached
667. Process for consultation and negotiation—negotiated agreement with conditions attached
668. Objections
Subdivision 4--Referral and native title issues decision
669. Referral of proposed mining lease to tribunal
670. Continuing negotiation
671. Combined hearing
672. Fixing of date for combined hearing
Subdivision 5--Requirements for combined hearing
673. Directions about conduct of combined hearing
674. Issue of negotiation in good faith
675. Nature of native title issues decision
676. Timing of tribunal's recommendation and native title issues decision
677. Tribunal's native title issues decision
678. Deferred matters
679. General time requirement for making native title issues decision
680. Effect of native title issues decision
Subdivision 6--Overruling of native title issues decision
681. Minister may overrule native title issues decision
682. Effect of overruling
Subdivision 7--Special provisions about completion of combined hearing and making of native titles issues decision
683. Giving of urgency notice
684. Minister's decision if tribunal recommendation delayed
685. Consultation before Minister's decision
686. Minister's decisions generally
Subdivision 8--Miscellaneous matters about grant
687. Contract conditions
688. Notice of grant to registered native title parties

Division 5--Renewals of mining leases

689. Application of div 5
694. Requirements for renewal—applying div 4
695. Applying div 4 for renewal

Division 6--Requirements for subsidiary approvals

696. Meaning of approval in div 6
697. Application of div 6
699. Requirements for approval (additional area)—applying div 4
704. Requirements for approval (other changes)—applying div 4
705. Applying div 4 for approval

Part 18--Compensation provisions

Division 1--Preliminary

706. Definitions for pt 18

Division 2--General principles

707. Native title compensation
708. Agreement for compensation
709. Application for compensation
710. Compensation provided in non-monetary form
711. Conditions of agreement or compensation decision
712. Compensation trust decisions
713. State's right to be heard

Division 3--Payment of compensation in particular circumstances

714. Compensation before relevant act relating to mining claim or mining lease if registered native title body corporate
715. Compensation before relevant act relating to mining claim or mining lease if registered native title claimant
716. Compensation after relevant act relating to mining claim or mining lease
717. Compensation after relevant act relating to other mining tenement if registered native title body corporate
718. Compensation after relevant act relating to other mining tenement if registered native title claimant
719. State liable to pay compensation in particular circumstances

Division 4--Amounts held in trust

720. Repayment of amount held in trust for compensation
721. Dealing with amount held in trust for compensation—determination of native title
722. Dealing with amount held in trust for compensation—no applicable provision

Part 18A--Provisions about particular mining tenements

722A. Definitions for pt 18A
722B. Renewal of EPC545
722C. Rejection of particular applications for mining tenements
722D. Persons who may apply for, or be granted, a mining tenement for land covered by MDLA364
722E. Persons who may apply for, or be granted, a mining tenement for particular land covered by SL12/42239
722F. No compensation payable by the State
722G. Compensation payment by prescribed persons

Part 19--Transitional provisions

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
Subdivision 1--Preliminary

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

766. 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
Subdivision 1--Provisions for amendments to due dates and reminder dates

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
SCHEDULE -- DICTIONARY
Endnotes

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