MINERAL RESOURCES ACT 1989 - SECT 391 Restriction on grants etc.

MINERAL RESOURCES ACT 1989 - SECT 391

391 Restriction on grants etc.

(1) The Minister may by gazette notice—

(a) prohibit the grant, or applications for the grant, of mining tenements; or

(b) determine that a mining tenement must not be granted over an area that exceeds a specified area; or

(c) provide that a single person must not, at any time, be the holder (whether alone or with others) of more than a specified number of exploration permits, mineral development licences or mining leases; or

(d) provide that a single person must not, at any time, be the holder (whether alone or with others) of—

(i) mining leases the aggregate area of which exceeds a specified area; or

(ii) mineral development licences the aggregate area of which exceeds a specified area; or

(iii) exploration permits the aggregate area of which exceeds a specified area; or

(e) require that an application for the grant of a prospecting permit, mining claim, exploration permit, mineral development licence or mining lease be referred to any of the following bodies seeking its views on the application—

(i) a stated department;

(ii) a Commonwealth Government department;

(iii) a local government;

(iv) a statutory body under the Statutory Bodies Financial Arrangements Act 1982 ;

(v) a GOC.

(2) The Minister must consider the public interest before acting under subsection (1) .

(3) A restriction or requirement under subsection (1) that applies to an area does not affect the granting or renewal of any of the following mining tenements for all or part of the area—

(a) a mining tenement applied for before the restriction took effect (the
"prerequisite tenement" );

(b) a mining tenement of the same type as the prerequisite tenement applied for in the area of the prerequisite tenement;

(c) a higher level of mining tenement to the prerequisite tenement applied for in the area of the prerequisite tenement.

(4) More than 1 mining tenement may be granted for the area of a prerequisite tenement under subsection (3) .

(5) However, a mining tenement mentioned in subsection (3) can not be granted for land outside the area of the prerequisite tenement.

(6) In this section—


"higher level" , of mining tenement to the prerequisite tenement, means—

(a) if the prerequisite tenement is a prospecting permit—a mining claim or mining lease; or

(b) if the prerequisite tenement is a mining claim—a mining lease; or

(c) if the prerequisite tenement is an exploration permit—a mineral development licence or mining lease; or

(d) if the prerequisite tenement is a mineral development licence—a mining lease.