MINERAL RESOURCES ACT 1989 - SECT 252A Giving and publication of mining lease notice and other information

MINERAL RESOURCES ACT 1989 - SECT 252A

252A Giving and publication of mining lease notice and other information

(1) The applicant for a proposed mining lease must give the following documents and information to each affected person—

(a) a copy of the mining lease notice;

(b) a copy of the application for the mining lease, other than any part of it—

(i) that states the applicant’s financial and technical resources; or

(ii) the chief executive considers is commercial in confidence;

(c) the documents and other information stated under section 252 (3) (c) in the mining lease notice.

(2) The documents and other information mentioned in subsection (1) must be given within 5 business days after the mining lease notice is given to the applicant.

(3) The applicant for a proposed mining lease must, in an approved newspaper circulating generally in the area of the subject land, publish—

(a) a copy of the mining lease notice; or

(b) if a map or sketch plan is to be included in the publication—

(i) a notice in the approved form about the mining lease notice; and

(ii) the map or sketch plan.

(4) The publication must take place at least 15 business days before the last objection day.

(5) The chief executive may decide an additional or substituted way, or a longer or shorter period, for the giving of the documents and other information mentioned in subsection (1) or the publication of the documents mentioned in subsection (3) .

(6) If the chief executive makes a decision under subsection (5) —

(a) the chief executive must give the applicant written notice of the decision no later than the giving of the mining lease notice to the applicant; and

(b) the applicant must comply with the decision instead of subsections (2) to (4) .

(7) In this section—


"adjoining land" —

(a) means private land that adjoins—

(i) subject land; or

(ii) a lot, within the meaning of the Land Act 1994 or the Land Title Act 1994 that contains any part of subject land; and

(b) includes land that would adjoin land mentioned in paragraph (a) (i) or (ii) if it were not separated by a road, watercourse, railway, stock route, reserve or drainage or other easement; and

(c) does not include land only because it adjoins land necessary for—

(i) access to subject land; or

(ii) transporting things to subject land.

"affected person" means—

(a) an owner of the subject land; or

(b) an owner of land necessary for access to the subject land; or

(c) an owner of adjoining land; or

(d) the relevant local government; or

(e) an entity that provides infrastructure wholly or partially on the subject land.

"approved newspaper" means a newspaper approved by the chief executive.


"infrastructure" means infrastructure relating to the transportation, movement, transmission or flow of anything, including, for example, goods, material, substances, matter, particles with or without charge, light, energy, information and anything generated or produced.


"subject land" means land the subject of the proposed mining lease.