MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 14 Mining licences
MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 14
Mining licencesS. 14(1) amended by Nos 82/2000 s. 13(1), 10/2014 s. 6.
(1) The holder of a mining licence is, subject to section 42(1), entitled to carry out mining on the land covered by the licence and—
(a) to explore for minerals; and
(b) to construct any facilities specified in the licence, including drives, roads, water races, tailing dumps, tailing dams, drains, dams, reservoirs and pipe-lines; and
(c) to do anything else that is incidental to that mining.
(2) The licensee may—
S. 14(2)(a) amended by No. 86/1993 s. 7(1)(a).
(a) use, for any mining purpose, any tailings produced by the licensee during work under the licence or a former licence or a former title within the meaning of clause 2 of Schedule 2 (whether before or after 6 November 1991); or
S. 14(2)(b) amended by No. 86/1993 s. 7(1)(b)(i)(ii).
(b) with the consent of the Minister and in accordance with any conditions imposed by the Minister on that consent, dispose of any tailings referred to in paragraph (a).
S. 14(2A) inserted by No. 86/1993 s. 7(2).
(2A) A licensee must not dispose of any tailings referred to in subsection (2)(a) otherwise than with the consent of the Minister under subsection (2)(b) and in accordance with any conditions imposed by the Minister on that consent.
Penalty applying to this subsection: 60 penalty units.
S. 14(3)(a) amended by No. 56/1995 s. 40.
(a) is current for the time specified in the licence, not exceeding 20 years from the date on which it is registered unless the Minister decides otherwise; and
(b) may be renewed in accordance with the provisions of this Part; and
(c) applies to the land described in the licence.
S. 14(4) amended by Nos 59/2010 s. 7(1), 43/2012 s. 3(Sch. item 30).
(4) The area of the land described in a licence must not exceed 260 hectares, unless the Minister decides a greater area may be required to mine a mineral resource.
S. 14(5) inserted by No. 82/2000 s. 13(2), substituted by No. 59/2010 s. 7(2).
(5) A mining licence does not entitle the holder of the licence to only explore for a mineral resource during the currency of the licence.
S. 14(6) inserted by No. 82/2000 s. 13(2).
(6) However, the Minister may, by notice in writing, authorise the holder of such a mining licence to only explore for minerals for a specified period of up to 2 years.
S. 14(7) inserted by No. 74/2010 s. 28(2).
(7) For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a mining licence is declared not to be personal property.
S. 14A inserted by No. 86/1993 s. 8, amended by No. 64/2012 s. 16 (as amended by No. 70/2013 s. 3(Sch. 1 item 47.1)).