Queensland Consolidated Acts

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MINERAL RESOURCES ACT 1989 - SECT 61

61 Application for grant of mining claim

(1) An application for the grant of a mining claim shall--

(a) be in the approved form;
(b) specify the name of each applicant;
(c) specify the name and address for service of 1 person upon whom any notice may be served on behalf of the applicant or the applicants;
(d) describe all parcels of land the whole or part of which are the subject of the application and specify the names and addresses of the owner or owners of the land and of land which is to be used as access thereto;
(e) identify in the prescribed manner the boundaries of the land applied for;
(f) describe and identify in the prescribed manner the land proposed to be used as access from a point outside the boundary of the mining claim acceptable to the mining registrar to the land over which the mining claim is sought;
(g) be accompanied by a sketch, map or other graphic representation acceptable to the mining registrar setting out the boundaries of the land referred to in paragraphs (e) and (f);
(h) identify the mineral or minerals in respect of which the mining claim is sought;
(i) be lodged by the applicant personally at the office of the mining registrar for the mining district in which is situated the land in respect of which the mining claim is sought or, if that land is situated in more than 1 such district, at the office of the mining registrar for the district in which the major portion of the land is situated during the hours prescribed for the conduct of business at that office;
(j) be accompanied by--
(i) proof to the satisfaction of the mining registrar of the identity of the applicant; and
(ii) such additional copies of the application and other documents lodged therewith as the mining registrar requires; and
(iii) the prescribed application fee; and
(iv) an outline, to the mining registrar's satisfaction, of the activities to be conducted on the mining claim.

(2) The mining registrar shall not be satisfied with the outline if it is inconsistent with the provisions of this Act.

(3) For the purposes of subsection (1)(i) an application is lodged personally if it is lodged by an individual who is--

(a) the applicant; or
(b) a person authorised in writing in that behalf by the applicant.

(4) The mining registrar must, within 5 business days after the application is lodged, give a copy of it to the EPA administering authority.

(5) Subsection (4) ceases to apply if the application is rejected under this section or section 73.

(6) A person who lodges an application for the grant of a mining claim shall provide the mining registrar with such information and particulars relating to the requirements set out in subsection (1) as the mining registrar requires and on failure to provide that information the mining registrar may reject the application.

(7) A mining registrar may reject an application for a mining claim in respect of land the whole or part of which appears, on the evidence available to the mining registrar, to be the subject of a mining claim, mineral development licence or mining lease or of an application for the grant of a mining claim, mineral development licence or mining lease.

(8) For the purposes of subsection (7) where a mining claim, mineral development licence or mining lease is terminated or an application for a mining claim, mineral development licence or mining lease is abandoned or rejected, the relevant land shall be deemed to continue to be subject to the mining claim, mineral development licence, mining lease or application until the day next following that termination, abandonment or rejection.



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