MINERAL RESOURCES ACT 1989 - SECT 6 Meaning of mineral

MINERAL RESOURCES ACT 1989 - SECT 6

6 Meaning of mineral

(1) A
"mineral" is a substance—

(a) normally occurring naturally as part of the earth’s crust; or

(b) dissolved or suspended in water on or within the earth’s crust; or

(c) that may be extracted from a substance mentioned in paragraph (a) or (b) .

(2) Subject to subsection (3) , each of the following is a
"mineral" —

(a) any type of clay;

(b) foundry sand;

(c) coal seam gas;

Notes—

1 For what is coal seam gas and incidental coal seam gas, see section 318AC .

2 See also chapter 8 , part 8 , division 1 .

(d) limestone;

(e) marble;

(f) a product that may be extracted or produced by an underground gasification process for coal or oil shale (
"mineral (f)" ) and another product that may result from the carrying out of the process (also
"mineral (f)" );

Examples of underground gasification processes—

combustion, consumption, heating, leaching and reaction

Example of another product—

gas desorbed as a result of an underground gasification process

Note—

See chapter 12 , part 4A for the moratorium relating to mineral (f).

(g) peat;

(h) salt, including brine;

(i) oil shale;

Note—

For what is oil shale, see section 318AD .

(j) silica, including silica sand;

(k) rock mined in block or slab form for building or monumental purposes.

(3) Despite subsections (1) and (2) —

(a) clay (other than kaolin and bentonite) is only a mineral if it is mined for use for its ceramic properties; and

Examples of uses of clay for its ceramic properties—

• for brick or tile making

• for pottery making

(b) limestone, silica and silica sand is only a mineral if it is mined for use for its chemical properties; and

(c) mineral (f) is only a mineral if—

(i) the coal or oil shale, from which it is extracted or produced, is held under a mineral development licence and it has been added to the licence under section 208 ; or

(ii) the coal or oil shale, from which it is extracted or produced, is held under a mining lease and it is specified in the lease; and

Note—

See chapter 12 , part 4A for the moratorium relating to mineral (f).

(d) each of the following is not a mineral—

(i) soil, sand, gravel or rock (other than rock mentioned in subsection (2) (k) ) if it is to be used, or to be supplied for use, as sand, gravel or rock, whether intact or in broken form;

(ii) living matter;

(iii) steam or water.