Mineral Resources Act 1989

An Act to provide for the assessment, development and utilisation of mineral resources to the maximum extent practicable consistent with sound economic and land use management

ch hdg ins 2012 No. 20 s 283

pt hdg sub 2012 No. 20 s 283

1Short title

This Act may be cited as the Mineral Resources Act 1989.

2Objectives of Act

The principal objectives of this Act are to—

(a)encourage and facilitate prospecting and exploring for and mining of minerals;

(b)enhance knowledge of the mineral resources of the State;

(c)minimise land use conflict with respect to prospecting, exploring and mining;

(d)encourage environmental responsibility in prospecting, exploring and mining;

(e)ensure an appropriate financial return to the State from mining;

(f)provide an administrative framework to expedite and regulate prospecting and exploring for and mining of minerals;

(g)encourage responsible land care management in prospecting, exploring and mining.

s 2 amd 1990 No. 30 s 2

pt hdg ins 2012 No. 20 s 284

3Application of Act to Commonwealth land and coastal waters of the State

(1)To the extent that the Parliament of the Commonwealth shall have from time to time vested in the Crown in right of Queensland jurisdiction to make such laws with respect thereto, this Act applies in respect of the sea bed and subsoil beneath the internal waters of Australia and beneath the baseline waters of the State and to waters above that sea bed as if that sea bed and subsoil were land within Queensland.

(2)This Act applies in respect of land of or vested in the Commonwealth to the extent that from time to time the Parliament of the Commonwealth shall determine.

(3)Subsections (1) and (2) shall not be construed to authorise prospecting, exploration or mining of the sea bed and subsoil that—

(a)is within a protected area; or

(b)by a law of the Commonwealth is excluded from the application of this Act (whether by reference to this Act or to the subject matter of this Act) to the extent of that exclusion.

(4)In this section—

baseline waters means the waters between the mean low water springs level and the inside of the baseline under the Offshore Minerals Act 1998, section 16.

s 3 amd 1992 No. 20 s 159 sch 2; 1995 No. 21 s 4; 1998 No. 10 s 446 sch 4

3ARelationship with petroleum legislation

(1)This section does not apply to a coal or oil shale mining tenement.

Note—

1For the relationship between this Act and the Petroleum and Gas (Production and Safety) Act—

(a)in relation to coal or oil shale mining tenements, see chapter 8; or

(b)otherwise, see the Petroleum and Gas (Production and Safety) Act, section 6 (Relationship with Mineral Resources Act).

2See also section 386W for the relationship between carrying out activities under section 386V and authorised activities for petroleum authorities or 1923 Act petroleum tenures.

(2)Subject to subsections (3) to (9), the Petroleum Act 1923 and the Petroleum and Gas (Production and Safety) Act do not limit or otherwise affect—

(a)the power under this Act to grant or renew a mining tenement over land (the overlapping land) in the area of a petroleum authority; or

(b)a mining tenement already granted over land (also the overlapping land) in the area of an existing petroleum authority.

(3)If the petroleum authority is a petroleum lease or petroleum facility licence and the mining tenement is an exploration permit, mineral development licence, or mining lease, an authorised activity for the mining tenement may be carried out on the overlapping land only if—

(a)the petroleum lease or petroleum facility licence holder has agreed in writing to the carrying out of the activity; and

(b)a copy of the agreement has been lodged; and

Note—

For other relevant provisions about lodging documents, see section 386O.

(c)the agreement is still in force.

(4)If the petroleum authority is a petroleum lease and the mining tenement is a prospecting permit or mining claim, an authorised activity for the mining tenement may be carried out on the overlapping land only if carrying out the activity does not adversely affect the carrying out of an authorised activity for the petroleum lease.

(5)Subsection (4) applies whether or not the authorised activity for the petroleum lease has already started.

(6)If the petroleum authority is an authority to prospect or pipeline licence and the mining tenement is not a mining lease, an authorised activity for the mining tenement may be carried out on the overlapping land only if—

(a)the authority to prospect or pipeline licence holder has agreed in writing to the carrying out of the activity, a copy of the agreement has been lodged and the agreement is still in force; or

(b)carrying out the activity does not adversely affect the carrying out of an authorised activity for the authority to prospect that has already started.

(7)If the petroleum authority is an authority to prospect and the mining tenement is a mining lease, an authorised activity for the authority to prospect may be carried out on the overlapping land only if—

(a)the mining lease holder has agreed in writing to the carrying out of the activity; and

(b)a copy of the agreement has been lodged; and

(c)the agreement is still in force.

(8)Subsection (7) does not apply, or ceases to apply, if the same person holds the authority and the mining lease.

(9)This section applies despite any other provision of this Act.

s 3A ins 2004 No. 25 s 1010 (amd 2004 No. 26 s 259)

amd 2012 No. 20 s 125 sch 1, s 281 sch 2, s 323 sch 3; 2014 No. 47 s 408A (amd 2016 No. 30 s 83)

3BRelationship with Geothermal Energy Act 2010 and Greenhouse Gas Storage Act 2009

The relationship between this Act, the Geothermal Energy Act 2010 (the Geothermal Act), the Greenhouse Gas Storage Act 2009 (the GHG storage Act) and authorities under them is provided for under—

(a)chapter 9; and

(b)the Geothermal Act, chapter 5; and

(c)the GHG storage Act, chapter 4.

s 3B ins 2009 No. 3 s 510

sub 2010 No. 31 s 521

amd 2012 No. 20 s 323 sch 3

3BARelationship with Common Provisions Act

The relationship between this Act and the Common Provisions Act is provided for under the Common Provisions Act, section 6.

s 3BA ins 2014 No. 47 s 351

3CDeclaration for Commonwealth Act

A mining tenement is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth).

s 3C ins 2010 No. 44 s 121

4Effect of change of baseline

(1)If—

(a)an offshore area is in the area of an exploration permit, mineral development licence or mining lease (the mining tenement); and

(b)there is a change to the inner limit of the coastal waters of the State as defined in the Offshore Minerals Act 1998, section 16(1) and (2); and

(c)as a result of the change, the offshore area comes within those coastal waters;

this Act applies, while the mining tenement or any successor mining tenement remains in force, as if the area were still within the offshore area.

(2)If—

(a)a mining lease takes effect immediately after an exploration permit expires; and

(b)the holder of the mining lease immediately after it takes effect was the holder of the exploration permit immediately before it expired;

the mining lease is a successor mining tenement to the exploration permit for subsection (1).

(3)If—

(a)a mineral development licence takes effect immediately after an exploration permit expires; and

(b)the holder of the mineral development licence immediately after it takes effect was the holder of the exploration permit immediately before it expired;

the mineral development licence is a successor mining tenement to the exploration permit for subsection (1).

(4)If—

(a)a mining lease takes effect immediately after a mineral development licence expires; and

(b)the mineral development licence took effect immediately after an exploration permit expired; and

(c)the holder of the mining lease immediately after it takes effect was the holder of the mineral development licence immediately before it expired; and

(d)the holder of the mineral development licence immediately after it took effect was the holder of the exploration permit immediately before it expired;

the mining lease is a successor mining tenement to the exploration permit and the mineral development licence for subsection (1).

(5)In this section—

offshore area means an area of the sea bed and subsoil to which the Act applies.

s 4 amd 1997 No. 14 s 3

sub 1998 No. 10 s 446 sch 4

amd 2000 No. 64 s 174 sch; 2004 No. 1 s 44 (1) sch 1; 2012 No. 20 s 125 sch 1

pt hdg ins 2012 No. 12 s 285

amd 2016 No. 27 s 329

4AEffect on development

(1)Subject to subsections (2) and (3), the Planning Act does not apply to development authorised under this Act.

(2)The Planning Act applies to development on a Queensland heritage place under the Heritage Act even if development of the place is authorised under this Act.

(3)The Planning Act applies to building work under the Building Act 1975 that is authorised under this Act, including under a mining tenement.

(4)However, the building work is taken to be accepted development for the Planning Act to the extent the building work—

(a)would, other than for this subsection, be assessable development under the Planning Act; and

(b)complies with the relevant provisions for the building work.

(5)In this section—

relevant provisions, for building work, see the Building Act 1975, section 21(5).

s 4A (prev s 319) amd 1993 No. 70 s 804 sch; 1995 No. 21 s 3 sch; 2000 No. 64 s 160; 2003 No. 32 s 33

sub 2005 No. 8 s 37

amd 2007 No. 46 s 86; 2009 No. 36 s 872 sch 2; 2011 No. 6 s 142 sch

reloc and renum 2012 No. 20 s 304

amd 2016 No. 27 s 330

4BNotice to local government and chief executive (planning) of particular mining tenements

(1)This section applies if a mining claim, mineral development licence or mining lease (the mining tenement) is granted or renewed.

(2)The chief executive must give notice of the mining tenement to—

(a)each local government in whose area the area of the tenement is situated; and

(b)the chief executive (planning).

(3)An entity given a notice under subsection (2) must make a note on each relevant map in the local government’s planning scheme held by the entity.

(4)The note must—

(a)identify the area of the mining tenement; and

(b)state that the Planning Act does not apply to development in the area authorised under this Act, other than development on a Queensland heritage place under the Heritage Act; and

(c)state that interested persons may obtain details of the mining tenement from the chief executive of the department in which this Act is administered.

(5)In this section—

chief executive (planning) means the chief executive of the department in which the Planning Act is administered.

s 4B (prev s 319A) ins 2005 No. 8 s 37

amd 2009 No. 36 s 872 sch 2; 2011 No. 6 s 142 sch; 2012 No. 20 s 125 sch 1

reloc and renum 2012 No. 20 s 305 (2)

amd 2013 No. 10 s 79; 2016 No. 27 s 331

pt hdg ins 2012 No. 12 s 285

5Definitions

The dictionary in schedule 2 defines particular words used in this Act.

s 5 amd 1991 No. 97 s 3 sch 2; 1997 No. 14 s 4 (1); 2000 No. 64 s 61 (1); 2010 No. 31 ss 420, 520 sch 2 pt 2

Note—s 5 contained definitions for this Act. Definitions are now located in schedule 2—Dictionary.

6Meaning 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—

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

2See 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.

s 6 prev s 6 ins 1995 No. 21 s 6

amd 1997 No. 80 s 42

om 2000 No. 64 s 62

pres s 6 ins 2004 No. 25 s 1011

amd 2008 No. 33 s 76; 2012 No. 20 s 125 sch 1, s 323 sch 3; 2017 No. 28 s 22

6AMeaning of mine

(1)Mine means to carry on an operation with a view to, or for the purpose of—

(a)winning mineral from a place where it occurs; or

(b)extracting mineral from its natural state; or

(c)disposing of mineral in connection with, or waste substances resulting from, the winning or extraction.

(2)For subsection (1), extracting includes the physical, chemical, electrical, magnetic or other way of separation of a mineral.

(3)Extracting includes, for example, crushing, grinding, concentrating, screening, washing, jigging, tabling, electrowinning, solvent extraction electrowinning (SX–EW), heap leaching, flotation, fluidised bedding, carbon-in-leach (CIL) and carbon-in-pulp (CIP) processing.

(4)However, extracting does not include—

(a)a process in a smelter, refinery or anywhere else by which mineral is changed to another substance; or

(b)testing or assaying small quantities of mineral in teaching institutions or laboratories, other than laboratories situated in the area of a mining lease; or

(c)an activity, prescribed under a regulation, that is not directly associated with winning mineral from a place where it occurs.

(5)For subsection (1), disposing includes, for example, the disposal of tailings and waste rock.

(6)A regulation under subsection (4)(c) may prescribe an activity by reference to the quantities of minerals extracted or to any other specified circumstances.

s 6A ins 1997 No. 14 s 5

amd 2012 No. 20 s 125 sch 1

6BMeaning of prospect

(1)Prospect means take action to find out about the existence, quality or quantity of minerals on, in or under land by—

(a)using a metal detector or a similar handheld instrument; or

(b)sampling using only handheld implements, including, for example, hammers, hand augers, panning dishes, picks, shakers, shovels and sieves.

(2)However, prospect does not include taking action that is—

(a)hand mining; or

(b)the removal of minerals for their sale.

s 6B ins 1999 No. 35 s 14

6CWhat is carrying out improvement restoration

(1)To carry out improvement restoration, for a mining tenement, means to repair any damage caused by an activity under the tenement to all pre-existing improvements on, or attached to, the area of the tenement by—

(a)restoring them to the same, or substantially the same, condition they were in before the damage happened; or

(b)replacing them with another improvement in the condition mentioned in paragraph (a).

(2)For subsection (1), damage does not include damage to which a requirement to rehabilitate or remediate under the Environmental Protection Act applies.

s 6C ins 2000 No. 64 s 63

amd 2012 No. 20 s 125 sch 1

6DTypes of authority under Act

The types of authority under this Act are—

(a)a prospecting permit; and

(b)a mining claim; and

(c)an exploration permit; and

(d)a mineral development licence; and

(e)a mining lease.

s 6D prev s 6D ins 2004 No. 25 s 1012

om 2007 No. 46 s 65

pres s 6D ins 2012 No. 20 s 156

7When educational institution is an eligible person

The Minister may treat an educational institution as an eligible person under this Act to enable it to apply for and hold a prospecting permit, mining claim or mining lease only if the Minister is satisfied the activities it intends to carry out under the permit, claim or lease are educational or training activities.

s 7 ins 1995 No. 21 s 6

7AWhat is a preliminary activity

(1)A preliminary activity, for a provision about an exploration tenement, means an authorised activity for the tenement that will have no impact, or only a minor impact, on the business or land use activities of any owner or occupier of the land on which the activity is to be carried out.

Examples—

•walking the area of the permit or licence

•driving along an existing road or track in the area

•taking soil or water samples

•geophysical surveying not involving site preparation

•aerial, electrical or environmental surveying

•survey pegging

(2)However, the following are not preliminary activities—

(a)an authorised activity carried out on land that—

(i)is less than 100ha; and

(ii)is being used for intensive farming or broadacre agriculture;

Examples—

•land used for dryland or irrigated cropping, plantation forestry or horticulture

•a dairy, cattle or sheep feedlot, piggery or poultry farm

(b)an authorised activity that affects the lawful carrying out of an organic or bio-organic farming system.

s 7A ins 2014 No. 47 s 373

7BWhat is an advanced activity

An advanced activity, for a provision about an exploration tenement, means an authorised activity for the tenement other than a preliminary activity for the tenement.

Examples—

•levelling of drilling pads and digging sumps

•bulk sampling

•open trenching or costeaning with an excavator

•vegetation clear-felling

•constructing an exploration camp, concrete pad, sewage or water treatment facility or fuel dump

•geophysical surveying with physical clearing

•carrying out a seismic survey using explosives

•constructing a track or access road

•changing a fence line

s 7B ins 2014 No. 47 s 373

amd 2018 No. 24 s 69

pt hdg ins 2012 No. 20 s 286

8Crown’s property in minerals

(1)Gold on or below the surface of land is the property of the Crown.

(2)Coal—

(a)on or below the surface of land that was acquired by the Crown as provided in the Agricultural Lands Special Purchase Act 1901 and subsequently alienated in fee simple by the Crown is the property of the Crown;

(b)on or below the surface of land (other than land referred to in paragraph (a)) is the property of the Crown except where that land was alienated in fee simple by the Crown before 1 March 1910 and the grant of that land did not contain a reservation to the Crown of the property in that coal.

(3)All minerals (other than coal and gold but including minerals dissolved or suspended in water within or upon the earth’s crust) on or below the surface of land in Queensland other than land alienated in fee simple by the Crown pursuant to—

(a)the Alienation of Crown Lands Act 1860, section 22; or

(b)the Crown Lands Alienation Act 1868, section 32; or

(c)the Mineral Lands Act 1872, section 21;

are the property of the Crown.

(4)Each deed of grant or lease of unallocated State land must contain a reservation of—

(a)minerals on and below the surface of the land; and

(b)the right of access for prospecting, exploring or mining.

(5)Mineral on or below the surface of land that is or becomes road is (to the extent that the mineral, but for this subsection would not be the property of the Crown) on and from the date the land becomes or became road, the property of the Crown.

(6)Where land to a specified depth only is or becomes road, subsection (5) applies in respect only of mineral in or below the surface of that land to the specified depth.

(7)Nothing in subsections (5) and (6) shall be construed as abrogating any right that the owner of land whose land is compulsorily acquired after the commencement of this Act for the purpose of being used as a road may have under any other Act or law to compensation in respect of that acquisition.

s 8 amd 1995 No. 21 s 7; 1995 No. 57 s 4 sch 2; 2012 No. 20 s 125 sch 1

9Exclusive right of Crown to grant mining leases etc. irrespective of ownership of mineral

(1)A person is not competent to grant a lease or to enter into an agreement or arrangement, whether for valuable consideration or otherwise (other than an agreement referred to in section 320(2)(a) or (b)) authorising the prospecting or exploring for mineral or the mining of any mineral therefrom notwithstanding that the mineral is not the property of the Crown.

(2)For the purposes of subsection (1) a compensation agreement entered into pursuant to this Act does not authorise prospecting, exploring or mining.

(3)Subject to this Act, a mining tenement may be granted over land even though—

(a)a deed of grant in fee simple from the State may or may not contain a reservation to the State of the relevant mineral on or below the surface of the land; or

(b)the relevant mineral is not the property of the State.

(4)Notwithstanding the other provisions of this Act, a person who undertakes any airborne activity to determine the existence of minerals shall notify the Minister after the completion of that activity and shall furnish the Minister such data as the Minister may determine in the particular case.

s 9 amd 1995 No. 21 s 8; 2000 No. 64 s 174 sch

10Act does not create estates in land

The grant of a mining tenement under this Act does not create an estate or interest in land.

s 10 amd 2000 No. 64 s 174 sch

10AAA Extinguishing mining tenement interests on the taking of land in a mining tenement’s area (other than by an easement)

(1)This section applies to the taking of land, other than by taking or otherwise creating an easement, under a resumption law.

(2)Despite any other Act, the taking of land does not extinguish mining tenement interests other than to the extent, if any, provided for in the resumption notice for the taking of the land.

(3)The resumption notice for the taking of land may provide for the extinguishment of a mining tenement interest on the taking only to the extent the relevant Minister for the taking is satisfied the interest is incompatible with the purpose for which the land is taken.

(4)Without limiting the application of subsection (3), the relevant Minister may be satisfied a mining tenement interest is incompatible with the purpose for which the land is taken if, for that purpose, it is necessary to extinguish all interests in the land, including native title rights and interests.

(5)A mining tenement interest may be—

(a)wholly extinguished; or

(b)partially extinguished by—

(i)excluding land from the land the subject of the interest; or

(ii)prohibiting the carrying out of activities by the holder of the interest.

(6)The resumption notice for the taking of land may provide for the extinguishment of mining tenement interests by reference to either or both of the following—

(a)stated land, which—

(i)may be all or part of the land that is taken; and

(ii)if the stated land is only part of the land that is taken—may be described in the resumption notice in any way, including, for example—

(A)as a shape that does not constitute a block or sub-block; or

(B)by using 3 dimensionally located points to identify the position, shape and dimensions of each boundary;

(b)stated mining tenement interests, which may be all mining tenement interests or mining tenement interests of a particular type.

(7)For the taking of land for which mining tenement interests are extinguished as provided by this section—

(a)each person’s interest in an extinguished mining tenement interest is converted into a right to claim compensation under the resumption law; and

(b)the resumption law applies with necessary and convenient changes and with the changes mentioned in subsections (8) and (9) and section 10AAD.

(8)The notice of intention to resume for the proposed taking of the land must state the extent to which the mining tenement interests are proposed to be extinguished.

(9)The entity taking the land must give the chief executive a written notice that—

(a)states the details of the extinguishment; and

(b)asks for the extinguishment to be recorded in the register; and

(c)is accompanied by a certified copy of the resumption notice.

(10)In this section—

certified copy, of the resumption notice, means a copy of the original of the notice that has been certified by a justice of the peace as being a correct copy of the original notice.

relevant Minister, for the taking of land under a resumption law, means—

(a)if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the Minister to whom the application that the land be taken is made under section 9 of that Act; or

(b)otherwise—the Minister administering the resumption law under which the land is, or is to be, taken.

s 10AAA ins 2012 No. 20 s 48

10AAB Effect of extinguishment of mining tenement interests on the taking of land in a mining tenement’s area (other than by an easement)

(1)This section applies if, under section 10AAA, the resumption notice for the taking of land (other than by taking or otherwise creating an easement) under a resumption law provides for the extinguishment of mining tenement interests for stated land.

(2)If the resumption notice states that all mining tenement interests relating to the stated land are extinguished and a mining tenement interest relates only to the stated land, the interest is wholly extinguished.

(3)If the resumption notice states that all mining tenement interests relating to the stated land are extinguished and a mining tenement interest relates to the stated land and other land—

(a)the stated land is no longer the subject of the interest; and

(b)without limiting paragraph (a)—

(i)the stated land is excluded from the area of the mining tenement comprising the interest, or under or in relation to which the interest exists; and

(ii)this Act applies in relation to the area of the mining tenement with necessary and convenient changes to allow for the exclusion of the stated land, including, for example, to allow the area—

(A)to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; or

(B)to comprise land that is not contiguous; and

(iii)for this Act, land in the area of the mining tenement is taken to be contiguous if the land would be contiguous but for the exclusion of the stated land.

(4)If the resumption notice states that the carrying out of stated activities on the stated land by holders of stated mining tenement interests is prohibited, the holder of a stated mining tenement interest is not, or is no longer, authorised to carry out the stated activities on the stated land.

(5)However, subsections (3) and (4) do not apply in relation to a mining tenement interest that comprises, or exists under or in relation to, a new or renewed mining tenement granted after the land is taken.

s 10AAB ins 2012 No. 20 s 48

10AAC Applications relating to land taken under a resumption law for which mining tenement interests were extinguished

(1)The decision-maker for an application for a new mining tenement may, under a grant provision, grant a new mining tenement for an area that includes acquired land only if the decision-maker, after consulting the entity that took the land, is satisfied the grant of the tenement is compatible with the purpose for which the land is being or is to be used.

(2)If there are 2 or more applications under this Act for the grant, under a grant provision, of a new mining tenement for an area that includes the same acquired land, the applications are to be dealt with as follows—

(a)the applications must be considered and decided according to the day on which they are lodged;

(b)if the applications were lodged on the same day—

(i)they take the priority the decision-maker decides, after considering the relative merits of each application; and

(ii)the chief executive must give each applicant a written notice stating there is competition for priority between the applicant’s application and another application, or other applications, lodged on the same day as the day on which the applicant’s application was lodged.

(3)If a grant provision provides for the grant of a new mining tenement (the new tenement) over land in the area of an existing mining tenement (the existing tenement)—

(a)the application under this Act for the new tenement may include acquired land that was, immediately before the taking of the land, in the existing tenement’s area; and

(b)subject to subsections (1) and (2), the decision-maker for the application may grant a new tenement for an area that includes the acquired land as if the acquired land were in the existing tenement’s area.

(4)To remove any doubt, it is declared that this section does not affect the operation of the provisions of this Act about the application for, and grant of, a new mining tenement other than to the extent provided for in subsections (1) to (3).

(5)In this section—

decision-maker, for an application for a new mining tenement, means the entity responsible for granting the tenement.

grant provision means a provision of this Act providing for the grant of a new mining tenement.

new mining tenement includes a renewed mining tenement.

s 10AAC ins 2012 No. 20 s 48

amd 2013 No. 10 s 193 sch 1

10AAD Compensation for effect of taking of land in a mining tenement’s area on mining tenement interests

(1)This section applies if land in a mining tenement’s area is taken under a resumption law (including by taking or otherwise creating an easement).

(2)In assessing any compensation to be paid to the holder of a mining tenement interest in relation to the taking of the land, allowance can not be made for the value of minerals known or supposed to be on or below the surface of, or mined from, the land.

s 10AAD ins 2012 No. 20 s 48

10AAJoint holders of mining tenement

(1)A mining tenement may be held by 2 or more persons as joint tenants or as tenants in common.

(2)If—

(a)any of the following applications are made for more than 1 proposed holder or transferee—

(i)an application for a mining tenement;

(ii)an application transfer;

(iii)an application to register a transfer of a mining tenement under the Common Provisions Act; and

(b)the application does not show whether the proposed holders or transferees are to hold as joint tenants or as tenants in common; and

(c)the mining tenement or approval is granted;

the chief executive must record in the register that the holders or transferees hold the mining tenement as tenants in common.

(3)In this section—

mining tenement includes an interest in a mining tenement.

s 10AA ins 2008 No. 56 s 20

amd 2013 No. 10 s 46; 2012 No. 20 ss 157, 281 sch 2; 2013 No. 10 s 193 sch 1; 2014 No. 47 s 353

10AExtension of certain entitlements to registered native title bodies corporate and registered native title claimants

(1)To the extent that a provision of chapter 2, other than section 19(1) or 34, applies to a prospecting permit granted only for pegging purposes, a reference in the provision to the owner of land is taken to include a reference to any registered native title body corporate under the Commonwealth Native Title Act in relation to any of the land.

(2)To the extent that section 31 applies to a prospecting permit granted other than only for pegging purposes, a reference in the section to the owner of land is taken to include a reference to any registered native title body corporate or registered native title claimant under the Commonwealth Native Title Act in relation to any of the land.

(3)In sections 34, 125, 231(9) and 317 and chapter 13, part 2 a reference to the owner of land is taken to include a reference to any registered native title body corporate or registered native title claimant under the Commonwealth Native Title Act in relation to any of the land.

(4)In section 386X, and schedule 1 other than schedule 1, section 4, a reference to the owner of land is taken to include a reference to any registered native title body corporate or registered native title claimant under the Commonwealth Native Title Act in relation to any of the land.

(5)In this section—

pegging purposes, in relation to a prospecting permit, means purposes necessary to enable the holder of the permit to apply for a mining claim or mining lease over the land for which the permit is granted.

s 10A ins 1999 No. 35 s 15

amd 2000 No. 64 s 174 sch; 2010 No. 31 s 451; 2012 No. 20 ss 158, 323 sch 3; 2014 No. 47 s 408B (amd 2016 No. 30 s 83)

pt hdg (prev pt 2 hdg) sub 2012 No. 20 s 287

11Mining districts

(1)The chief executive may by gazette notice declare an area of land to be a mining district.

(2)The notice must—

(a)state the name of the mining district; and

(b)give a description, by map or otherwise, of the location and boundaries of the mining district.

s 11 amd 1992 No. 68 s 3 sch 1

sub 2008 No. 33 s 77

ch hdg (prev pt 3 hdg) sub 2012 No. 20 s 288 (2)

pt hdg (prev pt 3 div 1 hdg) ins 1995 No. 21 s 9

sub 2012 No. 20 s 288 (2)

13Definition for pt 1

In this part—

holder, of a prospecting permit, includes a person who is an officer, employee, contractor or agent of the holder if the person is in actual possession of—

(a)the permit; or

(b)the holder’s written permission for the person to do something the holder may do under the permit.

s 13 sub 1995 No. 21 s 9

amd 2008 No. 33 s 78; 2012 No. 20 s 323 sch 3

14Categories of prospecting permit

(1)A prospecting permit may be granted for—

(a)a mining district; or

(b)a lot; or

(c)2 or more adjoining lots owned by the same person.

(2)A prospecting permit under subsection (1)(a) is a district prospecting permit.

(3)A prospecting permit under subsection (1)(b) or (c) is a parcel prospecting permit.

s 14 sub 1995 No. 21 s 9

15Area of land covered by parcel prospecting permit

(1)A parcel prospecting permit may be granted for all or part of the land of a lot, or 2 or more adjoining lots owned by the same person.

(2)More than 1 parcel prospecting permit may be granted over a lot, or 2 or more adjoining lots owned by the same person.

(3)If an application for a parcel prospecting permit is for only part of the land of a lot, or 2 or more adjoining lots owned by the same person, the permit may be granted for all of the area.

s 15 amd 1994 No. 63 s 110 (2) sch

sub 1995 No. 21 s 9

amd 1995 No. 50 s 3 sch

16Land excluded from prospecting permit

(1)Land is excluded from a prospecting permit if—

(a)it is in the area of a mining claim, mineral development licence or mining lease; or

(b)it is covered by an application for a mining claim, mineral development licence or mining lease that has not been finally decided.

(2)Also, a prospecting permit may be granted for all or part of a fossicking area only if the application for the permit was made, but not decided, before the land became a fossicking area.

(3)However, if the holder of, or applicant for, the mining claim, mineral development licence or mining lease consents in writing to an application for a prospecting permit for land in the area of or covered by the claim, licence or lease, this section does not apply to the application to the extent stated in the consent.

(4)In addition, this section does not apply if—

(a)the prospecting permit holder is the applicant for the mining claim, mineral development licence or mining lease; and

(b)there is no other application for a claim, licence or lease for land in the area of the prospecting permit.

s 16 sub 1995 No. 21 s 9

amd 2012 No. 20 s 125 sch 1

17Prospecting permit to be granted to a single person

A prospecting permit may only be issued in the name of a single eligible person.

s 17 sub 1995 No. 21 s 9

18Entitlements under prospecting permit

(1)A holder of a prospecting permit for land may enter the land for—

(a)purposes necessary to enable the holder to apply for a mining claim or mining lease over the land; or

(b)prospecting purposes; or

(c)hand mining for a mineral other than coal.

(2)The holder may—

(a)enter and leave the land using a reasonable type of transport; and

(b)enter and leave the land through land the permit states is access land.

s 18 ins 1995 No. 21 s 9

19Consent required to enter certain land

(1)A parcel prospecting permit holder may enter the surface of a reserve for prospecting purposes only with the written consent of the owner of the reserve.

(2)A district prospecting permit holder may enter the surface of occupied land only with the written consent of the owner of the land.

(3)Also, a prospecting permit holder may enter occupied land for hand mining only with the written consent of the owner of the land.

(5)Further, a prospecting permit holder may enter land within 50m laterally of a place where activities are being carried on under an exploration permit only with the written consent of the exploration permit holder.

s 19 ins 1995 No. 21 s 9

amd 1995 No. 58 s 4 sch 1; 2014 No. 47 s 409

20Provisions about consents to enter land

(1)This section applies to consents for a prospecting permit holder to enter land.

(2)In the absence of evidence to the contrary, the consent of an owner who is a joint tenant or tenant in common with other owners, is taken to be the consent of all the owners.

(3)If the owner of land can not be easily contacted, a consent may be given for the land by the land’s occupier.

Examples of the owner not being easily contacted—

1The owner does not live in Australia and there is no known current overseas address for the owner.

2The owner is travelling in Australia and there is no known current address for the owner.

(4)Consent under this section may be given on conditions.

(5)The holder of a consent must comply with the consent’s conditions.

Maximum penalty for subsection (5)—10 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 412B, to have also committed the offence.

(6)A consent given for land may be amended or withdrawn by the land’s owner (or, if given by the occupier, the occupier) by written notice given to the holder and the chief executive.

Note—

For other relevant provisions about giving the chief executive documents, see section 386O.

(7)Subsection (6) applies despite the Common Provisions Act, section 70.

s 20 ins 1995 No. 21 s 9

amd 2012 No. 20 s 281 sch 2; 2013 No. 10 s 193 sch 1; 2013 No. 51 s 229 sch 1; 2014 No. 47 s 410

pt hdg (prev pt 3 div 2 hdg) ins 1995 No. 21 s 9

sub 2012 No. 20 s 288 (2)

21Application for prospecting permit

An application for a prospecting permit for land must—

(a)be made in the approved form and lodged with the chief executive; and

(b)be accompanied by—

(i)proof, to the chief executive’s satisfaction, of the applicant’s identity; and

(ii)the fee prescribed under a regulation; and

(c)state the applicant’s name, and address for service of notices; and

(d)if the application is for a parcel prospecting permit—

(i)identify, by sketch and description, or in another way acceptable to the chief executive, the land over which the permit is sought and land proposed to be used as access; and

(ii)state the name and address of each owner of occupied land over which the permit is sought; and

(iii)state the name and address of each owner of land proposed to be used as access.

s 21 ins 1995 No. 21 s 9

amd 2000 No. 64 s 64; 2012 No. 20 s 281 sch 2; 2013 No. 10 s 193 sch 1

22Reason for rejection of application to be given

If the chief executive rejects an application for the grant of a prospecting permit, the chief executive must, within 5 business days after deciding to reject, give the applicant a written notice stating the decision and the reasons for it.

s 22 amd 2000 No. 64 s 65; 2012 No. 20 s 281 sch 2; 2013 No. 10 s 193 sch 1

23Refund upon rejection of application

If the chief executive rejects an application for the grant of a prospecting permit the application fee and any other moneys that accompanied the application for the permit shall be refunded to the applicant.

s 23 amd 2013 No. 10 s 193 sch 1

24Grant of prospecting permit

(1)The chief executive may grant a prospecting permit for land if the chief executive is satisfied an eligible person has—

(a)made a genuine application that complies with this chapter, and otherwise complied with the requirements of this Act; and

(b)deposited the amount of security required to be deposited for the permit.

Note—

If the application relates to acquired land, see also section 10AAC.

(2)If the chief executive is of the opinion that an applicant for a prospecting permit had previously contravened or failed to comply with any provision of this Act, the repealed Acts, any other Act about mining or the Fossicking Act 1994, the chief executive may, whether or not that person had been charged or convicted of an offence in respect of that contravention or failure to comply, reject the application.

(3)For subsection (2), a company is taken to have contravened a provision of this Act if the person contravening the provision is—

(a)an officer or employee of the company; or

(b)someone else who is in a position to control or substantially influence the company’s affairs.

s 24 amd 1994 No. 63 s 110 (2) sch; 1995 No. 21 ss 10, 3 sch; 1999 No. 35 s 16; 2008 No. 33 s 79; 2012 No. 20 ss 49, 323 sch 3; 2013 No. 10 s 193 sch 1

24ADetails of prospecting permit to be recorded in register

The chief executive must record in the register the following details of a prospecting permit—

(a)the identification number of the permit;

(b)the name of the holder;

(c)the address for service of notices on the holder;

(d)the description of land for which the permit is granted;

(e)the term and date of commencement of the permit;

(f)the conditions, other than conditions prescribed under this Act, to which the permit is subject.

s 24A ins 2008 No. 33 s 80

amd 2013 No. 10 s 193 sch 1

sub 2018 No. 24 s 70

25Conditions of prospecting permit

(1)It is a condition of each prospecting permit that the holder must carry out improvement restoration for the permit.

(2)A prospecting permit shall be subject to any prescribed conditions and such other conditions as the chief executive shall from time to time impose.

(3)In imposing conditions upon the grant of a prospecting permit the chief executive shall take into consideration the possible effect upon the owner of the land of the grant of the permit having regard to the holder’s entitlements under that permit and any other subsisting permits.

(4)The chief executive may from time to time, by notice in writing to the holder of a prospecting permit vary any condition imposed by the chief executive.

(5)Despite subsections (2) to (4), a condition must not be imposed, prescribed or varied if the condition, or the condition as varied, is the same, or substantially the same, or inconsistent with, a prescribed condition under the Environmental Protection Act for carrying out a small scale mining activity.

(6)The holder of a prospecting permit and all persons acting under the authority of the permit shall comply with the conditions for the time being of the permit of which notice has been served on the holder.

(7)To remove doubt, it is declared that a condition may limit the extent of the holder’s entitlements under section 18(1).

s 25 amd 1998 No. 38 s 8; 1999 No. 35 s 17; 2000 No. 64 ss 66, 174 sch; 2006 No. 59 s 47; 2012 No. 20 s 323 sch 3; 2012 No. 16 s 78 sch (amd 2013 No. 10 s 21 (2)); 2013 No. 10 s 193 sch 1; 2014 No. 40 s 112; 2014 No. 47 s 465

25AAAdditional conditions of prospecting permit relating to native title

(1)Conditions imposed on a prospecting permit by the chief executive under section 25(2) may include native title protection conditions for the permit.

(2)Subsection (1) does not limit section 25(2).

(3)In this section—

native title protection conditions, for a prospecting permit, means conditions that—

(a)are about ways of minimising the impact of the permit on native title in relation to the land affected by the permit, including ways of accessing the land and ways anything authorised under the permit may be done; and

(b)are identified in the permit as native title protection conditions for the permit.

s 25AA ins 2003 No. 10 s 32

amd 2013 No. 10 s 193 sch 1

25AIndigenous land use agreement conditions

(1)This section applies if—

(a)a registered indigenous land use agreement under the Commonwealth Native Title Act provides for the granting of a prospecting permit; and

(b)the State is a party to the agreement; and

(c)the agreement includes a requirement that, if the prospecting permit is granted, it must be granted subject to conditions stated in the agreement (the stated conditions); and

(d)the prospecting permit is granted.

(2)The prospecting permit is subject to the stated conditions.

(3)The stated conditions are taken to be conditions of the permit of which notice has been served on the holder of the prospecting permit.

s 25A ins 1999 No. 35 s 18

amd 2000 No. 36 s 18 sch 1

26Provision of security

(1)A prospecting permit shall not be granted until the applicant for the permit deposits the security (if any) determined by the chief executive for compliance with the conditions of the prospecting permit and the provisions of this Act and to rectify any actual damage that may be caused by any person whilst purporting to act under the authority of the permit to pre-existing improvements for the permit.

(2)If the chief executive fixes an amount of security under subsection (1), the amount must not be less than the amount prescribed under a regulation.

(3)The owner of any land may apply in writing to the chief executive to rectify the damage referred to in subsection (1) that has been caused by any activity allegedly authorised under a prospecting permit in respect of that land.

(4)If the chief executive is satisfied (whether or not upon an application referred to in subsection (3)) that damage referred to in subsection (1) has been caused by any person purporting to act under the authority of a prospecting permit the chief executive shall require that person to take all action necessary to rectify that damage.

(5)The chief executive may, at any time (whether before or after the expiry or cancellation of a prospecting permit), use all or part of the security deposited for the permit to rectify actual damage caused by someone acting under the permit.

(6)If, at any time (whether during or within 20 business days after the expiration of the term of a prospecting permit) the amount or any part of the amount deposited under this section is utilised as provided by subsection (5) or the chief executive considers that, in view of the damage caused or likely to be caused by any person purporting to act under the authority of the prospecting permit or for any other reason, a further amount of security should be deposited in respect of that prospecting permit, the chief executive shall require the holder or former holder of the prospecting permit, within the time specified by the chief executive, to deposit the further security.

(7)The chief executive may accept a bond or a guarantee or indemnity by, or other financial arrangement with, a financial institution, insurance company or another credit provider approved by the chief executive or other form of security acceptable to the chief executive as the whole or part of the security to be deposited under this section.

(8)It shall be a condition of a prospecting permit that the holder shall deposit security or further security from time to time in accordance with a requirement made as provided by this section.

(9)Subsection (10) applies if an amount of security deposited by a holder of a prospecting permit has not been used when the permit terminates and—

(a)for a parcel prospecting permit—the owner of the occupied land in the area of the permit—

(i)gives the chief executive written approval to refund the security; or

(ii)does not make a claim against the security within—

(A)20 business days after the termination; or

(B)a longer period (of not more than 3 months) fixed by the chief executive by written notice given to the permit holder and owner; or

(b)for a district prospecting permit—an owner of land in the area of the permit does not make a claim against the security within—

(i)20 business days after the termination; or

(ii)a longer period (of not more than 3 months) fixed by the chief executive by written notice given to the permit holder and owner.

(10)After deducting the amount the chief executive considers should be held for use under subsection (5), the chief executive may refund the balance of the security.

(11)The chief executive must refund the amount to the permit holder or in accordance with any written direction the holder gives the chief executive.

(12)In the absence of evidence to the contrary, the approval of an owner who is a joint tenant or tenant in common is taken to be the approval of all the owners for subsection (9)(a)(i).

(13)Subsection (10) does not limit the chief executive’s powers under subsection (15).

(14)If—

(a)a prospecting permit holder applies for a mining claim or mining lease; and

(b)the application has not been finally decided when the permit is terminated; and

(c)after the application is decided, an amount held as security under this section is not held as security for the claim or lease;

the amount may be refunded under subsection (9).

(15)If the chief executive accepts a bond, guarantee or indemnity by, or another financial arrangement with, a financial institution, insurance company or credit provider as security under this section, any amount payable to the holder under subsection (9) or (10) must be refunded to the financial institution, insurance company or credit provider and not to the holder of the prospecting permit to which the security relates.

s 26 amd 1995 No. 21 s 11; 1997 No. 17 s 74 sch; 2000 No. 64 s 67; 2005 No. 8 s 2 sch; 2012 No. 20 s 125 sch 1; 2013 No. 10 s 193 sch 1

27Utilisation of security deposit towards subsequent prospecting permit

If the holder of a prospecting permit or an expired prospecting permit makes application for a further prospecting permit, the chief executive may, instead of refunding the whole or part of the security deposited in respect of the existing or expired permit, retain that security or part thereof (together with any further security fixed by the chief executive) as the security (in which case it shall be taken to be or to be part of the security) deposited by the applicant in respect of the application for the further prospecting permit.

s 27 amd 2013 No. 10 s 193 sch 1

28Compensation

(1)Notwithstanding section 26, the Crown or an owner is entitled to recover, from time to time in the Land Court, compensation in respect of damage or injury suffered or loss incurred by reason of a person acting or purporting to act under the authority of a prospecting permit but any moneys paid under that section in respect of rectification of damage the subject of the proceeding shall be taken into account in assessing any compensation.

(2)The holder of a prospecting permit is not liable under this section in respect of damage or injury or loss caused by another person who is not a holder and is not a person authorised by the holder to be in the area of the prospecting permit.

s 28 amd 1990 No. 30 s 4; 1999 No. 7 s 87 sch 3; 2007 No. 39 s 41 sch; 2012 No. 20 s 125 sch 1

29Term of prospecting permit

(1)A prospecting permit may be granted for—

(a)if it is a district prospecting permit—1 or more months but not longer than 1 year; or

(b)if it is a parcel prospecting permit—3 months.

(2)A prospecting permit’s term must not start before the day the permit is granted.

s 29 sub 1995 No. 21 s 12

amd 1997 No. 17 s 74 sch; 2018 No. 24 s 71

30Rights and obligations extended upon application for mining claim etc.

(1)The holder of a prospecting permit who, during the term of the prospecting permit, makes application for the grant of—

(a)a mining claim; or

(b)a mining lease;

in respect of any land in the area of the prospecting permit, shall, during the period from the expiration of the prospecting permit until the determination of the application, for so long as the provisions of this Act and the terms and conditions that would apply if the permit were current are complied with, have all the responsibilities, powers, authorities and duties that the holder would have had in respect of the land the subject of the application if the prospecting permit was current.

(2)The entitlements of the holder of a prospecting permit are not reduced or limited by reason only of the holder’s application for the grant of a mining claim or a mining lease in respect of any land in the area of the prospecting permit.

s 30 amd 2012 No. 20 s 125 sch 1

31Chief executive to notify owners of occupied land of grant of parcel prospecting permit

(1)Upon granting a parcel prospecting permit, the chief executive must, within 5 business days after the grant, advise the owner of any occupied land specified in the permit including occupied land (other than a reserve for public road) specified as access.

(2)Where advice is not in writing, the advice shall be confirmed in writing as soon as practicable.

s 31 amd 1995 No. 21 s 13; 2000 No. 64 s 68; 2013 No. 10 s 193 sch 1

32Notice of entry under parcel prospecting permit

(1)A parcel prospecting permit holder must give the owner of the land in the area of the permit notice of entry before initial entry is made under the permit.

(2)The notice must be given at least 5 business days before the intended entry (or a shorter time acceptable to the owner and endorsed on the notice).

(3)If the owner can not be easily contacted, the holder may notify the occupier of the land of the intended entry.

Examples of the owner not being easily contacted—

1The owner does not live in Australia and there is no known current address for the owner.

2The owner is travelling within Australia and there is no known current address for the owner.

(4)However, subsection (1) does not apply to a parcel prospecting permit holder if—

(a)the holder satisfies the chief executive it is impracticable to give either the owner or occupier notice of the intended entry; and

(b)the chief executive decides to not require the holder to give notice of the intended entry; and

(c)the chief executive’s decision is recorded in the register.

(5)Before recording the decision in the register, the chief executive may require the holder to take the action the chief executive considers appropriate to publicise the intended entry, including, for example, publishing an advertisement in a newspaper or other publication.

s 32 sub 1990 No. 30 s 5; 1995 No. 21 s 14

amd 2005 No. 8 s 2 sch; 2012 No. 20 s 125 sch 1; 2013 No. 10 s 193 sch 1; 2018 No. 24 s 72

33Prospecting permit not transferable

A prospecting permit is not transferable.

34Report to chief executive by owner of land

(1)Where a person purports to enter or be upon land under the authority of a prospecting permit, the owner of that land who considers that that person is not authorised to enter or be upon that land or is not complying with any condition of the prospecting permit or of any provision of this Act may report accordingly to the chief executive.

(2)The chief executive shall have the report investigated and shall advise the owner of land who reports under subsection (1) of any action taken upon the report.

s 34 amd 2013 No. 10 s 193 sch 1

36Cancellation of prospecting permit

(1)The chief executive may at any time, by notice in writing in the approved form served on the holder of a prospecting permit or other person apparently acting under the authority of the permit, cancel the permit.

(2)A notice cancelling a prospecting permit served pursuant to subsection (1) shall state the reasons for the cancellation.

s 36 amd 1995 No. 21 s 3 sch; 2013 No. 10 s 193 sch 1

37Surrender of prospecting permit

The holder of a prospecting permit may, at any time before the expiration of its term, by notice in writing to the chief executive surrender the permit.

s 37 amd 2000 No. 64 s 69; 2012 No. 20 s 281 sch 2; 2013 No. 10 s 193 sch 1

38Appeals about prospecting permits

(1)A person whose interests are adversely affected by a decision to which this section applies (the aggrieved person) may appeal against the decision to the Land Court.

(2)This section applies to the following decisions of the chief executive—

(a)a decision to refuse to grant a prospecting permit;

(b)a decision to impose a condition on a prospecting permit;

(c)a decision to vary a condition imposed on a prospecting permit;

(d)a decision to require an applicant for, or holder of, a prospecting permit to deposit security;

Note—

For the provision of security, see section 26.

(e)a decision about the use of security deposited by a prospecting permit holder towards rectification of damage caused by noncompliance with permit conditions;

(f)a decision to cancel a prospecting permit.

s 38 sub 1995 No. 21 s 15

amd 1999 No. 7 s 87 sch 3; 2007 No. 39 s 41 sch; 2012 No. 20 s 125 sch 1; 2013 No. 10 s 193 sch 1; 2018 No. 24 s 74

39How to start an appeal

(1)An appeal is started by filing a written notice of appeal with the chief executive.

(2)The notice of appeal must be filed within 20 business days after the aggrieved person receives notice of the decision appealed against.

Note—

For other relevant provisions about filing documents, see section 386O.

(3)However, if—

(a)the decision did not state the reasons for the decision; and

(b)the person asked for a statement of reasons for the decision within the period mentioned in subsection (2);

the person may make the application within 20 business days after the person is given the statement of reasons.

(4)In addition, the Land Court may extend the period for filing the notice of appeal.

(5)The notice of appeal must state the grounds of appeal.

s 39 ins 1995 No. 21 s 15

amd 1999 No. 7 s 87 sch 3; 2005 No. 8 s 2 sch; 2007 No. 39 s 41 sch; 2012 No. 20 s 281 sch 2; 2013 No. 10 s 193 sch 1

40Stay of operation of decisions

(1)The Land Court may stay a decision appealed against to secure the effectiveness of the appeal.

(2)A stay—

(a)may be given on conditions the Land Court considers appropriate; and

(b)operates for the period fixed by the Land Court; and

(c)may be revoked or amended by the Land Court.

(3)The period of a stay fixed by the Land Court must not extend past the time when the Land Court decides the appeal.

(4)A decision, or the carrying out of a decision, is affected by the starting of an appeal against the decision only if the decision is stayed.

s 40 ins 1995 No. 21 s 15

amd 1999 No. 7 s 87 sch 3; 2007 No. 39 s 41 sch

41Hearing procedures

(1)In deciding an appeal, the Land Court—

(a)is not bound by the rules of evidence; and

(b)must observe natural justice.

(2)An appeal is by way of rehearing.

s 41 ins 1995 No. 21 s 15

amd 1999 No. 7 s 87 sch 3; 2007 No. 39 s 41 sch

42Powers of Land Court on appeal

(1)In deciding an appeal, the Land Court may—

(a)confirm the decision appealed against; or

(b)set the decision aside and substitute another decision; or

(c)set aside the decision and return the issue to the chief executive with directions the Land Court considers appropriate.

(2)In substituting another decision, the Land Court has the same powers as the chief executive.

Example—

The Land Court may decide that an unsuccessful applicant for a prospecting permit be granted the permit and impose conditions on it.

(3)If the Land Court substitutes another decision, the substituted decision is taken to be the decision of the chief executive.

s 42 ins 1995 No. 21 s 15

amd 1999 No. 7 s 87 sch 3; 2007 No. 39 s 41 sch; 2013 No. 10 s 193 sch 1

43Minerals taken become property of holder of prospecting permit

All minerals mined as a result of hand-mining activities lawfully carried on under the authority of a prospecting permit cease to be the property of the Crown or the person who had property therein and become the property of the holder of the prospecting permit subject however to the rights to royalty payments under this Act of the Crown or any other person.

44Royalties in respect of minerals taken under prospecting permit

The holder of a prospecting permit shall pay in respect of all minerals mined or purported to be mined under the authority of that prospecting permit, the royalty prescribed pursuant to chapter 11.

s 44 amd 2012 No. 20 s 323 sch 3

46Producing prospecting permit

(1)This section applies if—

(a)a person purports to enter or be on land under the authority of a prospecting permit; and

(b)the owner of the land, or an agent of the owner, asks the person for proof of the person’s authority to enter or be on the land.

(2)The person must produce the prospecting permit, or a copy of the permit, to the owner or agent.

(3)If the person fails to comply with subsection (2), the person does not have any entitlements under this Act during the period of the person’s noncompliance.

(4)In this section—

copy, of a prospecting permit, includes an extract from the register of the details of the permit recorded in the register.

s 46 amd 2013 No. 10 s 193 sch 1

sub 2018 No. 24 s 75

47Staying on occupied land

(1)A person entitled to enter occupied land under a district prospecting permit must not enter land at night without the written consent of the land’s owner.

Maximum penalty—10 penalty units.

(2)A person entitled to enter occupied land under a parcel prospecting permit must not enter the land at night without the written consent of the land’s owner or the chief executive.

Maximum penalty—10 penalty units.

(3)In the absence of evidence to the contrary, the consent of an owner who is a joint tenant or tenant in common is taken to be the consent of all the owners.

(4)If the owner of land can not be easily contacted, a consent may be given for the land by the land’s occupier.

Examples of the owner not being easily contacted—

1The owner does not live in Australia and there is no known current address for the owner.

2The owner is travelling within Australia and there is no known current address for the owner.

(5)Consent under this section may be given on conditions.

(6)The chief executive’s consent and any consent conditions must be recorded in the register.

(7)A person who enters occupied land at night with a consent under this section must comply with conditions imposed by the owner or occupier of the land or the chief executive.

Maximum penalty—10 penalty units.

s 47 sub 1995 No. 21 s 16

amd 2000 No. 64 s 71; 2013 No. 10 s 193 sch 1; 2018 No. 24 s 76

pt hdg (prev pt 4 hdg) sub 2012 No. 20 s 289

48Grant of mining claim

(1)A mining claim may be granted over an area of land to an eligible person.

Note—

See section 61 for the requirements for making an application for the grant of a mining claim.

(2)The area of the mining claim must include the whole of the surface area of the land within the area of the mining claim.

Note—

See, however, section 10AAB(3) if land in the area of the mining claim is taken under a resumption law.

s 48 amd 2012 No. 20 ss 50, 125 sch 1; 2013 No. 10 s 80

sub 2014 No. 47 s 411

49Only eligible persons to hold mining claims

A mining claim shall not be held by a person who is not an eligible person.

50Entitlements under mining claim

(1)During the currency of a mining claim, the holder of the mining claim and any person who actually works the mining claim as agent or employee of the holder—

(a)may in, on or under the area of the mining claim—

(i)prospect for any mineral to which the mining claim applies; and

(ii)for a mining claim other than a prescribed mining claim—hand mine in accordance with the conditions of the mining claim any mineral to which the mining claim applies; and

(iii)for a prescribed mining claim—mine in accordance with the conditions of the mining claim any mineral to which the mining claim applies; and

(b)for the purpose of prospecting or mining as provided in paragraph (a) may—

(i)enter that area; and

(ii)use such machinery, mechanical devices or other equipment as are authorised under this Act to be used for that purpose; and

(iii)erect and maintain a structure (including, where authorised so to do by the mining claim, a temporary residence for a person who is bona fide using the area of the mining claim for a purpose for which it was granted) not being of a permanent nature on that area; and

(c)for the purpose of mining as provided in paragraph (a)(ii) or (iii), may, subject to compliance with the conditions of the mining claim and any other Act or law, make moderate use of explosives where the mining claim specifically authorises that use.

(2)During the currency of the mining claim, the rights of the holder relate, and are taken to have always related, to the whole of the area of the claim.

(3)During the currency of a mining claim, a person who delivers goods or substances or provides services to the holder may enter that area for that purpose.

(4)Where any Act provides that water may be diverted or appropriated only under authority granted under that Act, the holder of a mining claim shall not divert or appropriate water unless the holder holds that authority.

(5)In this section—

prescribed mining claim means a mining claim that—

(a)applies to corundum, gemstones or other precious stones, and the area of which has been decided by the Minister under section 53; or

(b)has been converted from a mining lease under section 816.

s 50 amd 1995 No. 21 s 3 sch; 2000 No. 64 s 72; 2012 No. 20 s 125 sch 1; 2013 No. 10 s 81

51Land for which mining claim not to be granted

(1)A mining claim may not be granted for land in the area of or covered by—

(a)an existing mining claim; or

(b)a mining lease; or

(c)a mineral development licence; or

(d)an earlier application for a mining claim, mineral development licence or mining lease that has not been finally decided or withdrawn; or

(e)an exploration permit or earlier application for an exploration permit unless the applicant for the claim gives the chief executive the written consent of the holder of, or applicant for, the permit on or before the last objection day.

(1A)However, subsection (1)(e) does not apply to land in the area of or covered by an exploration permit, or earlier application for an exploration permit, if the applicant for the mining claim is the same person as the holder of, or applicant for, the exploration permit.

(2)A mining claim may be granted over the surface of land that is restricted land when the application for the claim was lodged only if—

(a)each relevant owner for the restricted land consents in writing to the application; and

(b)the applicant lodges each relevant owner’s consent with the chief executive before the last objection day ends.

(3)A relevant owner for restricted land can not withdraw his or her consent under subsection (2) once it has been lodged with the chief executive.

(4)In this section—

relevant owner, for restricted land, has the meaning given under the Common Provisions Act, section 69.

s 51 amd 1994 No. 63 s 110 (2) sch

sub 1995 No. 21 s 17

amd 1995 No. 58 s 4 sch 1; 2004 No. 12 s 151; 2010 No. 31 s 522; 2012 No. 20 s 125 sch 1; 2013 No. 10 s 82; 2014 No. 47 s 412 (amd 2016 No. 30 s 84); 2018 No. 24 s 77

52No mining claim in respect of coal

A mining claim may be granted in respect of any specified minerals other than coal.

53Area and shape of mining claim land

(1)Subject to subsection (1A), the land for which a mining claim may be granted—

(a)must be—

(i)rectangular in shape; or

(ii)of the dimensions prescribed under a regulation; and

(b)must be more or less the prescribed area.

(1A)For a mining claim that applies to corundum, gemstones or other precious stones, the Minister also may grant the claim for an area, of not more than 20ha, decided by the Minister (the decided area).

(2)Despite subsection (1)(a), the Minister may, for a particular mining claim for which an area is not decided by the Minister, accept an application for a mining claim over land of a different shape.

(2A)In deciding the area of a mining claim for subsection (1A), the Minister must have regard to—

(a)whether the area of land is mineralised; and

(b)whether the area of land is of an appropriate size and shape in relation to the mineralisation; and

(c)the type and location of activities to be carried out under the mining claim.

(3)The prescribed area of the land over which a mining claim for which an area is not decided by the Minister may be granted is—

(a)1ha; or

(b)where the land is within a mining district or part of a mining district in respect of which, for the purposes of this section, an area is prescribed by regulation, that area;

whichever is the smaller.

(3A)Subsection (3B) applies to a mining claim for which an area is decided by the Minister if the land to which the mining claim applies is within an area prescribed by regulation under subsection (3)(b).

(3B)Despite subsection (1A), the Minister can not decide an area for the mining claim that is more than the area prescribed by regulation.

(4)Where it is found that the area of a mining claim exceeds the prescribed area or the decided area, the mining claim is not thereby invalidated but the following provisions of this subsection shall be complied with.

(5)The chief executive must notify the holder that the land exceeds the prescribed area or decided area.

(6)If at the expiration of 20 business days after the giving of a notice pursuant to subsection (5)—

(a)the mining claim has not been varied, by agreement between the Minister and the holder, to reduce the area of land to or to less than the prescribed area or decided area; or

(b)the holder has not made application to the Land Court to determine whether the subject area exceeds the prescribed area or decided area or to determine the variation thereof to reduce the area to the prescribed area or decided area;

the Minister shall without further notice cancel the mining claim.

s 53 amd 1992 No. 68 s 3 sch 1; 1995 No. 21 s 18; 1999 No. 7 s 87 sch 3; 2005 No. 8 s 2 sch; 2007 No. 39 s 41 sch; 2012 No. 20 s 125 sch 1; 2013 No. 10 s 83

54Mining claim over reserve only with consent

A mining claim shall not be granted over land that is a reserve except with—

(a)the consent of the owner of that land; or

(b)the consent of the Governor in Council.

55Restriction upon number of mining claims

(1)A person shall not at any time be the holder of or have an interest, direct or indirect, in more than 2 mining claims.

(2)The Minister may call upon a person to show cause why a mining claim or interest held by that person in contravention of subsection (1) should not be cancelled.

(3)If the Minister is not satisfied that there is good reason why the Minister should not do so, the Minister may cancel the mining claim or interest.

(4)Where, pursuant to subsection (3) an interest only in a mining claim is cancelled, each holder of any other interest in the mining claim shall hold an interest in the mining claim in the same proportion that the holder’s original interest bears to the aggregate of the remaining interests.

s 55 amd 2013 No. 10 s 84

61Application for grant of mining claim

(1)An application for the grant of a mining claim must—

(a)be in the approved form; and

(b)specify the name of each applicant; and

(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; and

(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; and

(e)define the boundary of the area of the proposed mining claim; and

Note—

Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.

(f)define the boundary of any area of land outside the area of the proposed mining claim intended to be used to access the proposed claim area; and

(g)be accompanied by a visual representation of the boundaries and land mentioned in paragraphs (e) and (f); and

(h)identify the mineral or minerals in respect of which the mining claim is sought; and

(i)be lodged; and

(j)be accompanied by each of the following—

(i)proof to the satisfaction of the chief executive of the identity of the applicant;

(ii)such additional copies of the application and other documents lodged therewith as the chief executive requires;

(iii)the prescribed application fee;

(iv)a work program for the activities to be carried out under the mining claim;

(v)if the application is for a mining claim for which the Minister is to decide an area under section 53—information about the matters mentioned in section 53(2A) for the mining claim.

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

(3)The chief executive 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 chief executive, 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.

(4)For the purposes of subsection (3) 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.

s 61 amd 1995 No. 21 ss 19, 3 sch; 2000 No. 64 ss 73, 174 sch; 2012 No. 20 s 125 sch 1, s 281 sch 2; 2013 No. 10 s 88; 2014 No. 47 s 414

63Priority of mining claim applications

(1)Applications made under this Act for the grant of mining claims for the same land must be considered and decided according to the day on which they are lodged.

(2)If the applications were lodged on the same day—

(a)they take the priority the Minister decides, after considering the relative merits of each application; and

(b)the chief executive must give each applicant a written notice stating there is competition for priority between the applicant’s application and another application or other applications lodged on the same day as the day on which the applicant’s application was lodged.

s 63 sub 2012 No. 20 s 159

amd 2013 No. 10 s 193 sch 1

64Issue of mining claim notice

(1)This section applies if the chief executive is satisfied an applicant for a proposed mining claim—

(a)is eligible to apply for the mining claim; and

(b)has complied with the requirements of this Act for the application.

(2)The chief executive must give the applicant a written notice for the application (the mining claim notice).

(3)The mining claim notice must state the following—

(a)the number of the proposed mining claim;

(b)the date and time the application was lodged;

(c)any documents or other information, in addition to the documents mentioned in section 64A(1)(a), (b) and (d), the applicant must give to each affected person within the meaning of section 64A;

(d)the last day (the last objection day) for lodging objections to the application.

(4)The last objection day must be at least 20 business days after the notice is given to the applicant.

s 64 amd 1990 No. 30 s 7; 1995 No. 21 ss 20, 3 sch; 1999 No. 7 s 87 sch 3; 2000 No. 64 s 74; 2005 No. 8 s 2 sch

sub 2013 No. 10 s 89; 2014 No. 47 s 416

64ADocuments and other information to be given to affected persons

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

(a)the mining claim notice;

(b)the application for the mining claim;

(c)any other documents or information mentioned in the mining claim notice under section 64(3)(c);

(d)if the mining claim is for carrying out small scale mining activities—a copy of the small scale mining code.

(2)The documents and other information must be given within the later of the following periods to end—

(a)5 business days after the mining claim notice is given to the applicant;

(b)if the chief executive at any time decides a longer period—the longer period.

(3)In this section—

affected person means—

(a)an owner of land the subject of the proposed mining claim; or

(b)an owner of land necessary for access to land mentioned in paragraph (a); or

(c)the relevant local government.

s 64A prev s 64A ins 2000 No. 64 s 75

amd 1994 No. 62 s 616 (2) (amd 2000 No. 64 s 52); 2004 No. 48 s 155; 2005 No. 8 s 2 sch; 2005 No. 53 s 127; 2012 No. 20 s 281 sch 2, s 323 sch 3; 2012 No. 16 s 78 sch amdts 2–3 (om 2013 No. 10 s 21 (3))

om 2013 No. 10 s 90

pres s 64A ins 2014 No. 47 s 416

64BDeclaration of compliance with obligations

(1)The applicant for a proposed mining claim must give the chief executive a statutory declaration that the applicant has complied with section 64A.

(2)The declaration must be given within the later of the following periods to end—

(a)5 business days after the last objection day for the application for the mining claim;

(b)if the chief executive at any time decides a longer period—the longer period.

(3)Until the declaration is given—

(a)the Minister must not grant the mining claim; and

(b)the Land Court may refuse to hear any matter about the application.

s 64B ins 2000 No. 64 s 75

amd 2005 No. 8 s 2 sch

sub 2013 No. 10 s 91; 2014 No. 47 s 416

64CContinuing obligation to notify

(1)This section applies for an application for a proposed mining claim if, after the last objection day but before the hearing day for the application, the applicant gives the chief executive an additional document about the application.

(2)The applicant must give a copy of the document to each affected person within the meaning of section 64A.

s 64C ins 2000 No. 64 s 75

amd 2005 No. 8 s 2 sch; 2007 No. 39 s 41 sch; 2013 No. 10 s 92

sub 2014 No. 47 s 416

65Chief executive may call conference in some cases

(1)This section applies if—

(a)within 5 business days before the last objection day for an application for a mining claim (or a shorter period allowed by the chief executive), an owner of land affected by the application gives the chief executive a written request for a conference, stating the things the owner wants to discuss about the application; or

(b)for another reason, the chief executive considers it desirable to call a conference to discuss things about a mining claim or an application for a mining claim.

(2)If subsection (1)(a) applies, the chief executive must call a conference about the application, by written notice given to the owner of the land and the applicant.

(3)If subsection (1)(b) applies, the chief executive may call a conference about the mining claim or application, by written notice given to—

(a)the owners of land affected by the mining claim or application; or

(b)the claim holder or applicant; or

(c)anyone else the chief executive considers should be given notice of the conference.

(4)The notice must state when and where the conference will be held, and what is to be discussed at the conference.

(5)If the conference is about an application, the conference must be held before the last objection day ends.

s 65 sub 1995 No. 21 s 21

amd 2000 No. 64 s 174 sch; 2005 No. 8 s 2 sch; 2012 No. 20 s 125 sch 1; 2013 No. 10 s 193 sch 1

66Who may attend conference

(1)Apart from the chief executive, anyone given notice of a conference about an application for a mining claim or a mining claim (a section 65 conference) may attend and take part in the conference.

(2)Also, with the chief executive’s approval, someone else may be present to help a person attending the conference.

(3)However, a person may not be represented at the conference by a lawyer.

s 66 ins 1995 No. 21 s 21

amd 2013 No. 10 s 193 sch 1

67What happens if someone does not attend

The chief executive may hold a section 65 conference even though someone given notice of the conference does not attend the conference.

s 67 ins 1995 No. 21 s 21

amd 2013 No. 10 s 193 sch 1

68Chief executive’s function at section 65 conference

The chief executive must endeavour to help those attending a section 65 conference to reach an early, inexpensive settlement of the things discussed.

s 68 ins 1995 No. 21 s 21

amd 2013 No. 10 s 193 sch 1

69Agreements and statements at section 65 conference

(1)If parties to a section 65 conference reach agreement about something discussed at the conference, the parties must—

(a)put the agreement into writing; and

(b)sign the agreement; and

(c)if the agreement is about an application for a mining claim—lodge it with the chief executive on or before the last objection day.

(2)A person attending or present at the conference must not disclose or publish anything said at the conference other than in an agreement mentioned in subsection (1).

(3)Nothing said by a person at the conference is admissible in a proceeding without the person’s consent.

s 69 ins 1995 No. 21 s 21

amd 2013 No. 10 s 193 sch 1

70Land Court may award costs

(1)If—

(a)a person agrees to attend a section 65 conference but does not attend; and

(b)someone else does attend (the attending party);

the attending party may apply to the Land Court for an order requiring the person who did not attend to pay the attending party’s reasonable costs.

(2)If the Land Court orders a person to pay the attending party’s costs, the Land Court must decide the amount of the costs of attending.

(3)However, the Land Court must not order a person to pay costs if the Land Court is satisfied the person had a reasonable excuse for not attending the conference.

s 70 ins 1995 No. 21 s 21

amd 1999 No. 7 s 87 sch 3; 2007 No. 39 s 41 sch

71Objection to application for grant of mining claim

(1)An owner of relevant land or the relevant local government may, on or before the last objection day ends, lodge a written objection in the approved form to an application for a mining claim.

(2)An owner of land who attends a conference about an application for a mining claim may, even though the time for objecting to the application has ended, lodge an objection to the application within 5 business days after—

(a)the day the conference ends; or

(b)if the applicant did not attend the conference—the day the owner attended the conference.

(3)An objection referred to in subsection (1) or (2) shall state the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds.

(4)Each objector to an application for the grant of a mining claim shall serve upon the applicant on or before the last date that the objector may lodge an objection to that application a copy of the objection lodged by the objector.

(5)In this section—

relevant land means the land the subject of the proposed mining claim or any other land necessary for access to that land.

s 71 amd 1993 No. 50 s 86 sch 3; 1995 No. 21 s 22; 2005 No. 8 s 2 sch; 2013 No. 10 s 94

71AObjection may be withdrawn

(1)An objection to an application for a mining claim may be withdrawn by the objector giving written notice of the withdrawal to—

(a)the chief executive; and

(b)if the objection has been referred to the Land Court under section 72—

(i)the Land Court; and

(ii)the applicant.

(2)A withdrawal of an objection can not be revoked.

s 71A ins 2012 No. 20 s 160

amd 2013 No. 10 s 193 sch 1

72Referral to Land Court of application and objections

(1)This section applies if a properly made objection to an application for the grant of a mining claim is lodged.

(2)The chief executive must, within 5 business days after the later of the following, refer the application and all properly made objections to it to the Land Court for hearing—

(a)the last objection day for the application;

(b)if an objection is lodged after the last objection day under section 71(2)—the time for lodging an objection under that subsection ends.

(3)The Land Court must fix a date for the hearing and immediately give written notice of the date to each of the following—

(a)the chief executive;

(b)the applicant;

(c)each person who has lodged a properly made objection to the application.

(4)The hearing date must be at least 20 business days after the later of the following—

(a)the last objection day for the application;

(b)the day a section 65 conference about the application ends.

(5)If all properly made objections referred to the Land Court under subsection (2) are withdrawn under section 71A before the Land Court gives an instruction or makes a recommendation to the Minister under section 78, the Land Court may remit the matter to the chief executive.

(6)In this section—

properly made objection means an objection—

(a)lodged under section 71; and

(b)for which section 71(4) has been complied with; and

(c)that has not been withdrawn.

s 72 amd 1999 No. 7 s 87 sch 3; 2000 No. 64 s 76

sub 2005 No. 8 s 3

amd 2007 No. 39 s 41 sch; 2010 No. 17 s 49; 2012 No. 20 s 161; 2013 No. 10 s 193 sch 1; 2018 No. 24 s 78

73Rejection of application for grant of mining claim for noncompliance

(1)An application for the grant of a mining claim may be rejected by the Minister if the applicant fails to comply with any of the applicable provisions of this chapter.

(2)The Minister must, within 5 business days after deciding to reject, give the applicant written notice of the decision and the reasons for it.

s 73 amd 2000 No. 64 s 77; 2012 No. 20 s 281 sch 2, s 323 sch 3; 2013 No. 10 s 193 sch 1

74Grant of mining claim to which no objection is lodged

(1)This section applies to an application for a mining claim for land if—

(a)no-one objects to the application on or before the last objection day; and

(b)at least 5 business days have passed since the end of any section 65 conference about the application.

(2)The Minister may grant a mining claim for the land to an applicant for the mining claim only if the Minister is satisfied—

(a)the application complies with this chapter and the requirements of this Act have otherwise been complied with; and

(b)any consents needed in relation to the land have been obtained; and

(c)if the mining claim is for other than small scale mining activities—an environmental authority for all activities authorised by the proposed mining claim has been issued.

Note—

If the application relates to acquired land, see also section 10AAC.

(3)Without limiting subsection (2), the Minister may refuse to grant the mining claim if the Minister considers the grant is not in the public interest.

(4)The Minister must, within 5 business days after the grant, give the holder of the mining claim written notice of the grant.

(5)The holder must give written notice of the grant to the owners of land covered by the claim.

(6)The notice by the holder must be given within 20 business days after the holder receives notice of the grant.

s 74 sub 1995 No. 21 s 23

amd 1999 No. 35 s 19; 2000 No. 64 ss 78, 174 sch; 2005 No. 8 s 2 sch; 2008 No. 56 s 24; 2012 No. 20 ss 51, 281 sch 2, s 323 sch 3; 2012 No. 16 s 78 sch; 2013 No. 10 s 95

75Referral to Land Court of application to which no objection lodged

(1)Despite section 74, the Minister may refer an application for the grant of a mining claim to the Land Court for hearing.

(2)The Land Court must fix a date for the hearing and immediately give written notice of the date to each of the following—

(a)the Minister;

(b)the applicant;

(c)the EPA administering authority.

(3)The date must be at least 20 business days after the later of the following—

(a)the last objection day for the application;

(b)the day a section 65 conference about the application ends.

s 75 amd 1995 No. 21 s 3 sch; 1999 No. 7 s 87 sch 3; 2000 No. 64 s 79

sub 2005 No. 8 s 4

amd 2007 No. 39 s 41 sch; 2013 No. 10 s 193 sch 1

76Referral to Land Court of issue of reserve owner’s consent

(1)This section applies if the Minister is not satisfied an owner of a reserve consented to an application for a mining claim over the reserve.

(2)The Minister must, within 5 business days after the later of the following, refer the issue of consent to the Land Court for its consideration—

(a)the last objection day for the application;

(b)the day a section 65 conference about the application ends.

(3)The Land Court must fix a date for the hearing and immediately give written notice of the date to each of the following—

(a)the Minister;

(b)the applicant;

(c)the EPA administering authority;

(d)the owner of the reserve.

(4)The date must be at least 20 business days after the later of the following—

(a)the last objection day for the application;

(b)the day a section 65 conference about the application ends.

s 76 sub 1995 No. 21 s 24

amd 1999 No. 7 s 87 sch 3; 2000 No. 64 s 80

sub 2005 No. 8 s 4

amd 2007 No. 39 s 41 sch; 2013 No. 10 s 193 sch 1

77Land Court hearing

(1)The Land Court must hear and decide all issues in relation to an application for a mining claim and any objections to the application at the same hearing.

(2)At a hearing pursuant to subsection (1) the Land Court shall take such evidence, shall hear such persons and inform itself in such manner as it considers appropriate in order to determine the relative merits of the application, objections and other matters (if any) and shall not be bound by any rule or practice as to evidence.

(3)The Land Court shall not entertain an objection to an application or any ground thereof or any evidence in relation to any ground if the objection or ground is not contained in an objection that has been duly lodged in respect of the application.

(4)The Land Court may direct an inspection or view of the land the subject of the hearing.

(5)Nothing in subsection (1) shall prevent the adjournment from time to time of a hearing.

(6)Nothing in subsection (1) shall prevent the question of compensation being determined by the Land Court pursuant to section 85.

(7)The Minister may require at any time the Land Court to advise the reasons why a hearing under this section has not been finalised.

s 77 amd 1995 No. 21 s 25; 1999 No. 7 s 87 sch 3; 2007 No. 39 s 41 sch

78Land Court’s determination on hearing

(1)Upon the hearing by the Land Court under this chapter of all matters in respect of an application for the grant of a mining claim the Land Court may—

(a)instruct the Minister to reject the application;

(b)instruct the Minister to grant the mining claim—

(i)upon compliance with any terms and conditions imposed by the Minister on the applicant with respect to the application or the grant; and

(ii)in the case where the application relates to land that is a reserve and the consent of the owner of the reserve to the grant has been obtained;

(c)in the case where the application relates to land that is a reserve and the owner of the reserve does not consent to the grant of the mining claim—

(i)make an instruction referred to in paragraph (a); or

(ii)recommend to the Minister that the Governor in Council should consent to the grant of the mining claim and the terms and conditions (if any) to which the mining claim should be subject.

(2)The Land Court shall not—

(a)give an instruction to the Minister directed towards the grant of a mining claim;

(b)make a recommendation to the Minister directed towards the giving of consent by the Governor in Council to the grant of a mining claim;

if it is satisfied that—

(c)the provisions of this chapter have not been complied with; or

(d)the public interest would be adversely affected by the grant of the mining claim; or

(e)there is good reason to refuse to grant the mining claim.

(3)The Land Court may give an instruction or make a recommendation referred to in subsection (2) notwithstanding that the question of compensation has not been determined as provided in section 85.

(4)The Land Court on the application of an objector or owner may award costs against an applicant for a mining claim who abandons the application or does not pursue the application at a hearing.

(5)The Land Court on the application of an applicant for a mining claim may award costs against an objector who withdraws the objection or does not pursue the objection at a hearing.

s 78 amd 1990 No. 30 s 8; 1999 No. 7 s 87 sch 3; 2007 No. 39 s 41 sch; 2008 No. 56 s 25; 2012 No. 20 s 323 sch 3; 2013 No. 10 s 193 sch 1

79Consent to grant of mining claim over reserve by Governor in Council

(1)After considering a recommendation made pursuant to section 78(1)(c)(ii) by the Land Court in respect of the application for the grant of a mining claim, the Minister shall either reject the application or recommend to the Governor in Council that the Governor in Council consent to the grant.

(2)The Governor in Council may, upon the recommendation of the Minister, consent (subject to such terms and conditions as the Governor in Council determines) to the grant of a mining claim over land that is reserve.

s 79 amd 1999 No. 7 s 87 sch 3; 2007 No. 39 s 41 sch; 2012 No. 20 s 125 sch 1; 2013 No. 10 s 193 sch 1

80Grant of mining claim at instruction of Land Court or with consent of Governor in Council

(1)Upon the instruction of the Land Court so to do or the consent to the grant by the Governor in Council, the Minister shall grant the relevant mining claim if the Minister is satisfied that—

(a)all necessary consents to the grant have been obtained; and

(b)the question of compensation as provided in section 85 has been determined.

Note—

However, if the application relates to acquired land, see also section 10AAC.

(2)The Minister must, within 5 business days after the grant, give the holder of the mining claim written notice of the grant.

(3)The holder of the mining claim must give written notice of the grant to the owners of land covered by the claim.

(4)The notice must be given within 20 business days after the holder receives notice by the holder of the grant.

s 80 amd 1995 No. 21 s 26; 1999 No. 7 s 87 sch 3; 2000 No. 64 ss 81, 174 sch; 2005 No. 8 s 2 sch; 2007 No. 39 s 41 sch; 2012 No. 20 ss 52, 281 sch 2; 2013 No. 10 s 193 sch 1

81Conditions of mining claim

(1)Each mining claim shall be subject to each of the following—

(a)a condition that the holder shall use the area of the mining claim bona fide for the purpose for which the mining claim was granted and in accordance with this Act and the conditions of the mining claim and for no other purpose;

(b)if the holder uses land outside the boundary of the area of the mining claim for access to the area of the mining claim, a condition that the holder may use the land only for the following purposes—

(i)to transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mining claim;

(ii)to transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder;

(iii)to construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii);

(c)a condition that the holder must—

(i)comply with the mandatory provisions of the small scale mining code to the extent the code applies to the holder; and

(ii)ensure any other person carrying out an authorised activity for the mining claim complies with the mandatory provisions of the small scale mining code to the extent the code applies to the holder;

(d)if the mining claim is granted or renewed for a term of more than 5 years—a condition that the holder must, within 1 month after the fifth anniversary of the following days, give the chief executive a work program for activities to be carried out under the mining claim for the remaining term of the claim—

(i)for a grant of a mining claim—the day the claim is granted;

(ii)for a renewed mining claim—the day the term of the renewed claim started;

(e)a condition that the holder shall furnish at such times and in such manner as required by the Minister reports, returns, documents and statements and other materials whatever;

(f)a condition that the holder shall maintain the surface of the area of the mining claim in a tidy state during the term of the mining claim;

(g)a condition that the holder must carry out improvement restoration for the mining claim;

(h)a condition that prospecting and mining shall be conducted in the area of the mining claim by such method or in such manner as is provided for in or applies in respect of the mining claim;

(i)a condition that the holder—

(i)shall not erect any permanent building or other structure whatever; and

(ii)prior to the termination of the mining claim, for whatever cause, shall remove any building or structure erected by the holder and all mining equipment and plant;

on or in the area of the mining claim;

(j)a condition that without the prior approval of the Minister the holder shall not obstruct or interfere with any right of access had by any person in respect of the area of the mining claim;

(k)where the mining claim is in respect of land that is a reserve, a condition that the holder shall comply with the terms and conditions upon which the consent of the owner or of the Governor in Council to the grant of the mining claim was given;

(l)a condition that the holder shall make all payments of compensation and comply with all terms of any agreement or determination relating to compensation at the time or times as agreed or determined pursuant to section 85 or 86;

(m)a condition that the holder—

(i)shall pay the rental as prescribed; and

(ii)shall pay the royalty as prescribed; and

(iii)shall pay all local authority rates and charges lawfully chargeable against the holder in respect of the area of the mining claim; and

(iv)shall deposit as required by the Minister any security from time to time under this Act;

(n)if the area of the mining claim has not been surveyed and a physical monument is used to define the area’s boundary—a condition that the holder must maintain the monument;

(o)a condition that the holder shall comply with this Act and other mining legislation;

(p)such other conditions as are prescribed;

(q)such other conditions as the Minister may impose (including such conditions as the Land Court may determine pursuant to this chapter).

(1AA)Without limiting subsection (1), the Minister may impose a condition on a mining claim if the Minister considers the condition is in the public interest.

(2)If in any case there is conflict between a condition determined by the Land Court and a condition determined by the Governor in Council, then to the extent of the conflict the determination of the Governor in Council shall prevail.

(3)Despite subsections (1) to (2), a condition must not be determined, imposed or prescribed if it is the same, or substantially the same, or inconsistent with, a relevant environmental condition for the mining claim.

(4)A mining claim shall contain a condition as to the work commitment required of the holder.

(5)Notwithstanding subsection (1), if the applicant for a mining claim satisfies—

(a)the Minister; or

(b)the Land Court when giving an instruction under this chapter; or

(c)the Governor in Council when giving consent to the grant of a mining claim under this chapter;

that any of the conditions prescribed in subsection (1)(g), (i)(ii) and (n) should not be imposed the mining claim may be granted without the imposition of that condition or those conditions.

s 81 amd 1999 No. 7 s 87 sch 3; 2000 No. 64 ss 82, 174 sch; 2005 No. 8 s 5; 2006 No. 59 s 48; 2007 No. 39 s 41 sch; 2008 No. 56 s 26; 2012 No. 20 ss 162, 125 sch 1, s 323 sch 3; 2013 No. 10 s 96; 2014 No. 40 s 113; 2014 No. 47 s 417; 2018 No. 24 s 79

81BOther agreement conditions

(1)This section applies if—

(a)a registered indigenous use agreement under the Commonwealth Native Title Act, or an agreement mentioned in section 31(1)(b) of the Commonwealth Native Title Act, provides for the grant, renewal or variation of, or another act concerning, a mining claim; and

(b)the State is a party to the agreement; and

(c)the agreement includes a requirement that, if the act is done, the mining claim must be subject to conditions stated in the agreement (the stated conditions); and

(d)the act is done.

(2)The mining claim is subject to the stated conditions.

s 81B ins 1999 No. 35 s 20

amd 2000 No. 36 s 18 sch 1

82Variation of conditions of mining claim

(1)The conditions to which a mining claim is for the time being subject may be varied by the Minister in terms not inconsistent with this Act upon the agreement in writing of the holder of the mining claim.

(2)However, the Minister must not vary a condition of a mining claim if the condition as varied is the same or substantially the same as, or inconsistent with, a relevant environmental condition for the mining claim.

(3)Without limiting subsection (1), the Minister may refuse to vary a condition of a mining claim if the Minister considers the variation is not in the public interest.

(4)A mining claim that is duly varied pursuant to subsection (1) shall thereafter until again varied, be subject to its conditions as so varied.

(5)The chief executive must record in the register the details of every variation of a mining claim.

s 82 amd 1999 No. 35 s 21; 2000 No. 36 s 18 sch 1; 2000 No. 64 s 83; 2008 No. 56 s 27; 2012 No. 20 s 125 sch 1, s 281 sch 2; 2013 No. 10 s 97; 2014 No. 47 s 467; 2018 No. 24 s 80

83Provision of security

(1)Before a mining claim is granted or renewed, the Minister taking into consideration the work program mentioned in section 61(1)(j)(iv) shall determine the amount of the security to be deposited by the holder of that mining claim as reasonable security for—

(a)compliance with the conditions of the mining claim; and

(b)compliance with the provisions of this Act; and

(c)rectification of any actual damage that may be caused by any person whilst purporting to act under the authority of the mining claim to pre-existing improvements for the mining claim; and

(d)amounts (other than penalties) payable to the State under this Act.

(2)The Governor in Council, when giving consent to the grant of a mining claim pursuant to section 79, may determine the amount of the security to be deposited by the holder of the mining claim.

(3)The Land Court, when instructing the Minister to grant an application for the grant of a mining claim, may determine the amount of the security to be deposited by the holder of the mining claim.

(4)Where, in respect of an application for the grant of a mining claim, an amount of security is determined by the Governor in Council pursuant to subsection (2) or by the Land Court pursuant to subsection (3), that amount shall be determined by the Minister as the security pursuant to subsection (1) in respect of that mining claim.

(5)In respect of an application for the grant of a mining claim, an amount determined by the Governor in Council shall prevail over an amount determined by the Land Court.

(6)A mining claim shall not be granted or renewed until the applicant for the grant or renewal of the mining claim deposits the security as determined under this section.

(7)If the Minister is satisfied that any condition of the mining claim or any provision of this Act has not been complied with or that damage referred to in subsection (1)(c) has been caused by any person purporting to act under the authority of the mining claim or who enters land upon the instruction of the holder, the Minister may require that person to take all action necessary to rectify that noncompliance or damage and, save where the person was not the holder and was not upon the land with the holder’s approval at the time the damage was caused, may utilise for that purpose the whole or part of the amount of the security deposited in respect of that mining claim.

(8)If, at any time (whether during, or within 20 business days after the expiration of the term of a mining claim) the amount or any part of the amount deposited under this section is utilised under subsection (7) or the Minister considers that, in view of the damage caused or likely to be caused by any person purporting to act under the authority of the mining claim or upon the instruction of the holder or for any other reason, a further amount of security should be deposited in respect of that mining claim, the Minister shall require the holder or former holder of the mining claim, within the time specified by the Minister to deposit the further security.

(9)The Minister may make a requirement referred to in subsection (8) notwithstanding that the amount of the security deposited was originally determined by the Governor in Council or the Land Court.

(10)The Minister may accept a bond or a guarantee or indemnity by, or other financial arrangement with, a financial institution, insurance company or another credit provider approved by the Minister or other form of security acceptable to the Minister as the whole or part of the security to be deposited under this section.

(11)It shall be a condition of a mining claim that the holder shall deposit security or further security from time to time in accordance with a requirement made as provided by this section.

(12)If a mining claim terminates, the Minister may, not earlier than 20 business days after the termination, refund the amount of security held for the mining claim, after deducting any amount used under subsection (7).

(13)The Minister must refund the amount to the holder of the claim or in accordance with any written direction the holder gives to the Minister.

(14)However, before refunding the security, the Minister may also deduct the amount the Minister considers appropriate to apply in the following order towards—

(a)rectifying anything caused by noncompliance with—

(i)a condition of the mining claim; or

(ii)an order given to the holder by the Minister;

(b)amounts (other than penalties) the holder owes to the State under this Act or the conditions of the mining claim (including amounts that became payable before or after the termination of the claim);

(c)rates and charges (including interest on unpaid rates and charges) owing to a local government for the mining claim by the former holder.

(15)Subsection (12) does not limit the Minister’s powers under subsection (16).

(16)If the Minister accepts a bond, guarantee or indemnity by, or another financial arrangement with, a financial institution, insurance company or credit provider as security under this section, any amount payable to the holder must be refunded to the financial institution, insurance company or credit provider and not to the holder of the mining claim to which the security relates.

s 83 amd 1995 No. 21 s 27; 1997 No. 17 s 74 sch; 1999 No. 7 s 87 sch 3; 2000 No. 64 s 84; 2005 No. 8 s 2 sch; 2007 No. 39 s 41 sch; 2013 No. 10 s 98

84Utilisation of security deposit towards subsequent mining claim

If the holder of a mining claim or an expired mining claim makes application for a further mining claim, the Minister may, instead of refunding the whole or part of the security deposited in respect of the existing or expired mining claim, retain that security or part thereof (together with any further security fixed by the Minister) as the security (in which case it shall be taken to be or to be part of the security) deposited by the applicant in respect of the further mining claim.

s 84 amd 2013 No. 10 s 193 sch 1

85Compensation to be settled before grant or renewal of mining claim

(1)A mining claim shall not be granted or renewed unless—

(a)compensation has been determined (whether by agreement or by determination of the Land Court) between the applicant and each person who is the owner of land the subject of the application and of any surface access to that land (each an interested party); or

(b)there is no person (other than the applicant) who is the owner of any of the land referred to in paragraph (a);

and the conditions of the agreement or determination have been or are being complied with by the applicant.

(2)For the purposes of subsection (1)(a), where the Land Court makes a determination of an amount of compensation, that compensation is not determined until—

(a)where no appeal against that determination is lodged within the period prescribed therefor—upon the expiration of that period; or

(b)where an appeal is duly lodged against that determination—upon the determination of that appeal.

(3)An agreement made pursuant to subsection (1)(a) shall not be effective unless and until—

(a)it is in writing signed by or on behalf of the parties; and

(b)it is filed.

(4)For subsection (1)(a), an interested party may, at any time before compensation is determined by agreement, apply in writing to the Land Court to have the Land Court determine the amount of compensation.

(5)Upon an application made under subsection (4), the Land Court shall settle the amount of compensation an owner of land is entitled to as compensation for—

(a)deprivation of possession of the surface of land of the owner;

(b)diminution of the value of the land of the owner or any improvements thereon;

(c)diminution of the use made or which may be made of the land of the owner or any improvements thereon;

(d)severance of any part of the land from other parts thereof or from other land of the owner;

(e)any surface rights of access;

(f)all loss or expense that arises;

as a consequence of the grant or renewal of the mining claim.

(6)In assessing the amount of compensation payable under subsection (5)—

(a)where it is necessary for the owner of land to obtain replacement land of a similar productivity, nature and area or resettle himself or herself or relocate his or her livestock and other chattels on other parts of his or her land or on the replacement land, all reasonable costs incurred or likely to be incurred by the owner in obtaining replacement land, the owner’s resettlement and the relocation of the owner’s livestock or other chattels as at the date of the assessment shall be considered;

(b)no allowance shall be made for any minerals that are or may be on or under the surface of the land concerned;

(c)if the owner of land proves that the status and use currently being made (prior to the application for the grant or renewal of the mining claim) of certain land is such that a premium should be applied, an appropriate amount of compensation may be determined;

(d)loss that arises may include loss of profits to the owner calculated by comparison of the usage being made of land prior to the lodgement of the relevant application for the grant or renewal of a mining claim and the usage that could be made of that land after the grant or renewal;

(e)an additional amount shall be determined to reflect the compulsory nature of action taken under this chapter which amount, together with any amount determined pursuant to paragraph (c), shall be not less than 10% of the aggregate amount determined under subsection (5).

(7)In any case the Land Court may determine the amounts and the terms, conditions and times when payments aggregating the total compensation payable shall be payable.

(8)The Land Court’s determination of any matter under this section shall be deemed to be an agreement between the parties and shall be given effect accordingly.

(9)The Land Court shall give written notice of its determination to all parties and may make such order as to costs between the parties to the determination as it thinks fit.

(10)An amount of compensation decided by agreement between the parties or the Land Court is binding on the parties and the parties’ personal representatives, successors and assigns.

s 85 amd 1995 No. 21 s 28; 1999 No. 7 s 87 sch 3; 2005 No. 8 s 6; 2007 No. 39 s 41 sch; 2012 No. 20 s 281 sch 2, s 323 sch 3; 2013 No. 10 s 193 sch 1; 2018 No. 24 s 81

85ADeciding whether to grant mining claim if compensation not determined

(1)Subsection (2) applies if, in relation to an application for the grant of a mining claim, compensation has not been determined as mentioned in section 85(1)(a) and an application has not been made to the Land Court as mentioned in that section by—

(a)if no objection to the application is lodged—the day that is 3 months after the last objection day for the application; or

(b)if the Land Court instructs the Minister to grant the mining claim—the day that is 3 months after the day the instruction is given; or

(c)if the Governor in Council consents to the grant of the mining claim—the day that is 3 months after the day the consent is given.

(2)The Minister may refuse to grant the mining claim.

s 85A ins 2005 No. 8 s 7

amd 2007 No. 39 s 41 sch; 2013 No. 10 s 193 sch 1

sub 2018 No. 24 s 82

86Appeal against Land Court’s determination upon compensation

(1)A party aggrieved by a determination of the Land Court made under section 85 may, within 20 business days of the date of that determination or within such further period as the Land Appeal Court, on the application of that party in that behalf prior to the lodgement of the appeal, considers appropriate in any particular circumstances, appeal against the determination to the Land Appeal Court.

(2)The appeal shall be instituted by, within the time and in the manner prescribed—

(a)lodging in the Land Court, written notice of appeal which shall include the grounds of appeal; and

(b)serving copies of the notice of appeal on the chief executive and each other party.

(3)The Land Appeal Court shall have jurisdiction to hear and determine an appeal under this section.

(4)Upon hearing an appeal under subsection (1) the Land Appeal Court may—

(a)vary the determination of the Land Court in such a way as it thinks just; or

(b)disallow the appeal and confirm the determination of the Land Court;

and may make such order as to costs of the appeal as it thinks fit.

(5)In deciding an appeal, the Land Appeal Court must consider the things relevant to the appeal that the Land Court was required to consider in making the decision appealed against.

(6)The Land Appeal Court shall not admit further evidence upon an appeal from a determination of the Land Court under subsection (1) unless—

(a)it is satisfied that admission of the evidence is necessary to avoid grave injustice and there is sufficient reason that the evidence was not previously adduced; or

(b)the appellant and respondent agree to its admission.

(7)The determination of the Land Appeal Court on appeal shall be final and conclusive.

s 86 amd 1995 No. 21 s 29; 1999 No. 7 s 87 sch 3; 2005 No. 8 s 2 sch; 2007 No. 39 s 30; 2013 No. 10 s 193 sch 1

86ASecurity for costs of appeal

(1)This section applies when an appeal under section 86 is lodged.

(2)A further step can not be taken in the appeal until security for the costs of the appeal has been lodged under this section.

(3)The registrar of the Land Court must, within 10 business days, decide the form and amount of the security.

(4)The registrar must give the appellant written notice of the decision as soon as practicable after making it.

(5)The appellant must lodge the security in the decided form and amount within 15 business days after the giving of the notice.

(6)If the appellant does not comply with subsection (5), the appeal lapses.

s 86A ins 2007 No. 39 s 31

87Public trustee may act in certain circumstances

(1)If there is doubt as to the identity of the owner of land or the owner of land can not be found, the Land Court may determine that the public trustee shall represent the owner for the purpose of any negotiation or proceeding under section 85 or 86.

(2)Any action taken or thing done or omitted to be done by the public trustee as representative of the owner of land pursuant to subsection (1) shall be taken for all purposes to be taken, done or omitted by that owner.

(3)Where, pursuant to subsection (2) the public trustee represents an owner of land, for the purposes of this chapter any moneys paid to the public trustee under any agreement or determination made under section 85 or 86 shall be deemed to have been paid to the owner.

s 87 amd 1999 No. 7 s 87 sch 3; 2007 No. 39 s 41 sch

amd 2012 No. 20 s 323 sch 3

89Reasons for rejection of application for grant of mining claim

If the Minister rejects an application for the grant of a mining claim, the Minister must, within 5 business days after deciding to reject, give the applicant a written notice stating the decision and the reasons for it.

s 89 amd 2000 No. 64 s 85; 2012 No. 20 s 281 sch 2; 2013 No. 10 s 193 sch 1

91Initial term of mining claim

(1)The initial term of a mining claim is the period not greater than 10 years approved by the Minister, unless the claim is sooner terminated.

(2)Despite subsection (1), the term of the mining claim must not be for a period longer than the period for which compensation has been agreed or determined under section 85 or 86.

(3)The initial term of a mining claim commences on the first day of the month that next follows the day the mining claim is granted.

(4)From the grant of a mining claim to the commencement of the initial term thereof the holder shall have all the entitlements, powers, duties and functions the holder has during the term of the mining claim except section 95 shall not apply.

s 91 amd 1999 No. 35 s 22; 2012 No. 20 s 163 (amd 2013 No. 10 s 148); 2013 No. 10 s 193 sch 1

92Mining claim may be specified it is not renewable

(1)If it is considered that the land the subject of the application for the grant or renewal of a mining claim is or will be required for some purpose other than mining, the mining claim may be granted or renewed subject to a condition that the holder is not entitled to have the mining claim renewed.

(2)Where a mining claim is granted or renewed subject to a condition referred to in subsection (1), the applicant shall be advised the reasons therefor.

93Renewal of mining claim

(1)The holder of a mining claim, including a mining claim that is subject to a condition referred to in section 92, may, at least 6 months (or such shorter period as the Minister in the particular case allows) prior to and not more than 12 months before the expiration of the current term of the mining claim, make application for renewal of the mining claim.

(2)An application for renewal of a mining claim shall—

(a)be made in the prescribed way to the Minister;

(b)be accompanied by a work program for the activities to be carried out under the renewed mining claim;

(c)be accompanied by the prescribed application for renewal fee.

(3)Within 5 business days after an application for renewal of a mining claim is made, the holder must—

(a)give copies of the application and of any documents or information prescribed by regulation to the following persons (each an interested party)—

(i)each owner of land the subject of the mining claim;

(ii)each owner of land outside the boundary of the area of the mining claim the holder intends to use to access the area of the mining claim; and

(b)if, in relation to the grant or renewal of the mining claim, an agreement for compensation has been made with an interested party under section 85, or the Land Court has determined the compensation for an interested party under that section—give a copy of the most recent agreement or determination to the interested party.

(4)Subsection (5) applies for an application for renewal of a mining claim if—

(a)if the application relates to a mining claim subject to a condition that the holder is not entitled to have the mining claim renewed—

(i)the Minister is satisfied the mining claim should be renewed; and

(ii)if the condition was imposed by the Governor in Council—the Governor in Council consents to the renewal; and

(iii)if the condition was imposed by the Land Court—the Land Court consents to the renewal; and

(b)the Minister is satisfied—

(i)the holder has complied with the conditions of the mining claim; and

(ii)the holder has complied with this Act and other mining legislation applicable to the holder relating to the mining claim; and

(iii)the area of the mining claim still contains workable quantities of mineral or mineral bearing ore.

(5)The Minister must grant a renewal of the mining claim in the name of the holder for a further term not greater than 10 years.

(6)The grant must be subject to—

(a)the conditions of the mining claim; and

(b)any other conditions determined by the Minister.

(7)Despite subsection (5), the further term of the mining claim must not be for a period longer than the period for which compensation has been agreed or determined under section 85 or 86.

(8)Despite subsection (5), the Minister may refuse the renewal if the Minister considers the renewal is not in the public interest.

Note—

If the application relates to acquired land, see also section 10AAC.

(9)Despite subsection (5), the Minister may also refuse the renewal if—

(a)compensation is to be determined as mentioned in section 85(1)(a) for the renewal of the mining claim; and

(b)the compensation is not determined within 3 months after the day the current term of the claim would, apart from section 93A, end; and

(c)an application has not been made to the Land Court as mentioned in section 85(4).

(10)Without limiting subsection (6), the Minister may determine a condition of the renewed mining claim if the Minister considers the condition is in the public interest.

(11)The Minister shall not reject an application for renewal of a mining claim until the Minister has, by notice in writing in the approved form served on the holder of the mining claim, called upon the holder to show cause within the time specified therein why the application should not be rejected and such cause has not been shown to the satisfaction of the Minister.

(12)The holder of a renewed mining claim must give written notice of the claim’s renewal to the owners of the land in the area of the claim.

(13)The notice must be given within 20 business days after the holder receives notice of the renewal.

s 93 amd 1995 No. 21 ss 30, 3 sch; 1999 No. 7 s 87 sch 3; 1999 No. 35 s 23; 2000 No. 64 ss 86, 174 sch; 2005 No. 8 s 8; 2007 No. 39 s 41 sch; 2008 No. 56 s 28; 2012 No. 20 ss 53, 164 (amd 2013 No. 10 s 149), s 125 sch 1, s 281 sch 2, s 323 sch 3; 2013 No. 10 s 101; 2014 No. 47 s 468; 2018 No. 24 s 84

93AContinuation of claim while application being dealt with

(1)Subsection (2) applies if—

(a)a properly made application for renewal of a mining claim is not withdrawn, refused or granted before the claim’s expiry day ends; and

(b)after the expiry day, the holder—

(i)continues to pay rental on the claim and other amounts required to be paid under this Act; and

(ii)otherwise complies with this Act and the claim conditions.

(2)The claim continues in force subject to the rights, entitlements and obligations in effect immediately before the end of the expiry day until the application is withdrawn, refused or granted.

(3)In this section—

properly made application, for renewal of a mining claim, means an application that complies with section 93(2).

s 93A ins 2005 No. 8 s 9

93BWhen term of renewed claim starts

(1)If a mining claim is renewed before its expiry day ends, the term of the renewed claim starts on the day after the expiry day.

(2)If the claim is renewed after the expiry day, the term of the renewed claim is taken to have started on the day after the expiry day.

s 93B ins 2005 No. 8 s 9

93CWhen new conditions of renewed claim start

(1)If a renewed mining claim is subject to conditions (the new conditions) different from, or not included in, the claim conditions applying immediately before its renewal, the new conditions apply from the later of the following—

(a)the start of the term of the renewed claim;

(b)the day the renewal is granted.

(2)However, if the claim is continued in force under section 93A, the holder must pay rental on the claim from the day after its expiry day at the rate that would have been payable, from time to time, if the renewed mining claim had been renewed on the day after the expiry day.

(3)Subsection (2) applies even though payment of rental may be a condition of the claim.

s 93C ins 2005 No. 8 s 9

93DRenewal of claim must be in name of last recorded transferee

(1)This section applies if a transfer of a mining claim is registered under the Common Provisions Act—

(a)after the date on which an application for renewal of the claim is made; and

(b)before the application is decided by the Minister.

(2)Any renewal granted on the application must be in the name of the transferee under the last transfer registered before the grant of the renewal.

s 93D ins 2005 No. 8 s 9

amd 2008 No. 33 s 81; 2012 No. 20 s 165; 2013 No. 10 s 193 sch 1; 2014 No. 47 s 354

94Reasons for rejection of application for renewal of mining claim

If the Minister rejects an application for the renewal of a mining claim, the Minister must, within 5 business days after deciding to reject, give written notice to the applicant stating the reasons for rejection.

s 94 amd 2000 No. 64 s 87; 2013 No. 10 s 193 sch 1

95Rental payable on mining claim

(1)Upon the grant of a mining claim rental shall first be payable thereon with respect to the period from the commencement of the term of the mining claim to 31 August of that year (the first rental period) and shall be paid within 20 business days (or such longer period as the Minister in the particular case approves) of the grant of the mining claim.

(2)The amount of the rental payable in respect of the first rental period shall be an amount that bears to the rental payable for a rental year prescribed pursuant to subsection (4) for the rental year in which the first rental period falls the same proportion that the number of whole calendar months of the first rental period bears to 12.

(3)In respect of each rental year or part thereof of the term of a mining claim (other than the first rental period) a full rental year’s rental shall be payable in advance not later than 31 August of the previous rental year.

(4)If the full rental payable for a rental year is paid in advance as prescribed by subsection (3), the amount of the rental shall be the amount prescribed under a regulation for that rental year.

(5)If, for a particular rental year, rental is not paid in advance as prescribed by subsection (3)—

(a)the chief executive shall, prior to 30 September of that rental year, notify the holder of and any person holding a recorded interest in the mining claim that the rental has not been paid as prescribed by subsection (3) and of the amount of rental payable as prescribed by paragraph (b); and

(b)the amount of the full rental payable for the rental year shall be payable before 1 December of that rental year and shall be an amount equal to the amount prescribed under a regulation for that rental year plus an amount equal to 15% of that prescribed amount.

(6)Upon the renewal of a mining claim, no further rental shall be payable in respect of the period that, if the renewal was a grant of a mining claim, would be the first rental period except where that period commences on 1 September.

(7)Except as provided in subsection (8), where in any rental year a mining claim is surrendered or terminated through effluxion of time and is not renewed, there shall be refundable to the last holder of the mining claim an amount that bears to the amount of the rental that was paid in respect of that rental year the same proportion that the number of whole calendar months from—

(a)the date of surrender or termination; or

(b)the date of rejection of the application for renewal;

whichever is the later, to 31 August of that rental year bears to 12.

(8)No amount shall be refunded pursuant to subsection (7) where a mining claim is surrendered within its first rental period after its original grant.

s 95 amd 1995 No. 21 s 31; 2000 No. 64 s 88; 2002 No. 62 s 3; 2005 No. 8 s 2 sch; 2008 No. 56 s 29; 2013 No. 10 s 193 sch 1

105Mining other minerals

(1)The holder of a mining claim may lodge an application in writing with the Minister for approval to mine specified minerals, being minerals not specified in the mining claim, in respect of the area of the mining claim.

(2)The application shall be accompanied by the prescribed fee.

(3)The application and any other application for the grant of a mining lease for the same minerals must be considered and decided according to the day on which they are lodged.

(4)If the applications were lodged on the same day—

(a)they take the priority the Minister decides, after considering the relative merits of each application; and

(b)the chief executive must give each applicant a written notice stating there is competition for priority between the applicant’s application and another application, or other applications, lodged on the same day as the day on which the applicant’s application was lodged.

(5)Upon the Minister approving an application under this section and compliance by the applicant with any conditions imposed by the Minister, the relevant mining claim shall be deemed to include the specified minerals and shall be subject to such additional conditions as are prescribed in respect of such mining claim or as the Minister considers appropriate.

(6)The Minister shall not approve an application under this section that could adversely affect any conditions imposed in respect of the mining claim by the Land Court or the Governor in Council.

s 105 amd 1999 No. 7 s 87 sch 3; 2000 No. 64 s 89; 2007 No. 39 s 41 sch; 2012 No. 20 ss 167, 125 sch 1, s 281 sch 2; 2013 No. 10 s 193 sch 1

106Contravention by holder of mining claim

(1)If the Minister considers that the holder of a mining claim—

(a)has carried out activities that are not bona fide for the purposes for which the mining claim was granted; or

(b)has failed to pay the royalty or any other moneys payable thereunder (other than rental) or in respect thereof by the due date for payment; or

(c)has failed to comply with any condition that is to be observed and performed by the holder under or in respect of the mining claim, other than a condition with respect to matters referred to in subsection (2)(a) or (b);

the Minister may—

(d)cancel the mining claim; or

(e)impose on the holder a penalty not exceeding 100 penalty units.

(2)If the Minister considers that the holder of a mining claim—

(a)in any rental year has failed after notice given to the holder in accordance with section 95(5) to pay before 1 December of that rental year the amount of the rental payable under that section by that date in respect of that mining claim; or

(b)has failed to pay a penalty imposed on the holder pursuant to subsection (1)(e) within the time allowed for the payment by the Minister;

the Minister may cancel the mining claim.

(3)The Minister shall not act pursuant to subsection (1) until the Minister has, by notice in writing in the approved form served on the holder of the mining claim, called upon the holder to show cause within the time specified therein why the mining claim should not be cancelled or a penalty imposed and served a copy of the notice on every person who currently holds a recorded interest in respect of the mining claim at the person’s address last recorded by the Minister and such cause has not been shown to the satisfaction of the Minister.

(4)If the Minister pursuant to this section cancels a mining claim, the Minister shall notify the holder accordingly stating the reason for the cancellation.

(5)The cancellation of a mining claim under this section shall take effect on the day next following the Minister’s determination to cancel the mining claim.

s 106 amd 1995 No. 21 s 3 sch; 2000 No. 64 s 90; 2008 No. 56 s 30; 2012 No. 20 s 281 sch 2; 2013 No. 10 s 193 sch 1

107Surrender of mining claim

(1)The holder of a mining claim may surrender the mining claim by lodging with the Minister—

(a)a notice of surrender in the approved form; and

(b)a properly completed royalty return, unless it has already been lodged under section 320(4); and

(ba)either—

(i)the royalty payable to the State under section 320(3)(a), unless it has already been paid; or

(ii)evidence that the royalty has been paid to another person entitled to the royalty under section 320(3)(b); and

(c)the fee prescribed under a regulation.

(3)Upon a surrender of a mining claim, all adjustments between the holder and the Crown in respect of the payment of rental, fees and other moneys shall be at the discretion of the Minister.

(4)Where any moneys are specified pursuant to subsection (3) as a debt due to the Crown, the Minister may utilise the security deposited in accordance with section 83 for payment thereof.

(5)Nothing in this section shall prevent the Crown from recovering moneys from a person specified in subsection (3) as liable to pay and unpaid (whether directly or through utilisation of the security deposit) by action in the Land Court.

(6)In an action under subsection (5) for the recovery of a debt due to the Crown, the production to the Land Court of a certificate by the Minister certifying the amount of that debt shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the debt and the amount thereof.

(7)Where, at the time when the holder of a mining claim purports to surrender the mining claim, the holder duly makes application for a new mining claim or a mining lease in respect of the whole or part of the area of the current mining claim, the purported surrender shall not take effect unless and until the new mining claim or the mining lease is granted.

(8)Nothing in section 48 or 232 shall prevent the holder of a mining claim, at the time the holder surrenders the mining claim, from applying for the grant of a mining claim or mining lease over the whole or part of the area of the surrendered mining claim and the grant of the mining claim or mining lease applied for.

(9)A surrender of a mining claim (other than a surrender referred to in subsection (7)) shall take effect on the day next following its acceptance by the Minister.

(10)However, the Minister may accept the surrender only if the Minister is satisfied—

(a)the holder has complied with the condition to carry out improvement restoration for the mining claim; and

(b)any relevant environmental authority has been cancelled or surrendered under the Environmental Protection Act.

(11)If the Minister is not satisfied the holder has complied with the condition, the Minister may, by written notice, give the holder reasonable directions about carrying out improvement restoration for the mining claim.

(12)The holder must comply with the directions.

Maximum penalty for subsection (12)—300 penalty units.

s 107 amd 1995 No. 21 ss 33, 3 sch; 1999 No. 7 s 87 sch 3; 2000 No. 64 ss 91, 174 sch; 2007 No. 39 s 41 sch; 2011 No. 20 s 169; 2012 No. 20 s 125 sch 1, s 281 sch 2; 2012 No. 16 s 78 sch; 2013 No. 10 s 102

108Abandonment of application for mining claim

(1)The applicant for the grant of a mining claim may, at any time before the grant of the mining claim, by notice in writing to the Minister abandon the application in respect of the whole of the land applied for in the application.

(2)The applicant for the grant of a mining claim who gives a notice referred to in subsection (1) to the Minister shall forthwith serve a copy of that notice on—

(a)if the application has been referred to the Land Court under section 72—the Land Court; and

(b)all other persons on whom the applicant was required under this Act to give a copy of the mining claim notice for the mining claim.

(3)The abandonment of an application for the grant of a mining claim shall take effect on the day next following its receipt by the Minister.

s 108 amd 2000 No. 64 ss 92, 174 sch; 2012 No. 20 ss 168, 125 sch 1, 281 sch 2; 2013 No. 10 s 103; 2018 No. 24 s 86

109Improvement restoration for mining claim

(1)This section applies on the termination of a mining claim, other than—

(a)by surrender under section 107; or

(b)for the granting of a new mining claim or mining lease over the area of the terminated mining claim.

(2)If the Minister is not satisfied the holder has satisfactorily complied with the condition to carry out improvement restoration for the mining claim, the Minister may, by written notice, give the holder reasonable directions about carrying out the restoration.

(3)The holder must comply with the directions.

Maximum penalty—300 penalty units.

(4)The holder and the holder’s employees or agents may, to the extent reasonably necessary to comply with the directions—

(a)enter land stated in the notice; and

(b)bring on to the land vehicles, vessels, machinery and equipment that are approved by the Minister for the purpose.

s 109 ins 1995 No. 21 s 34

amd 2000 No. 64 ss 93, 174 sch; 2012 No. 20 s 125 sch 1; 2013 No. 10 s 193 sch 1

110Use of machinery in mining claim area

(1)The Governor in Council may, by regulation, declare with respect to a particular mining claim, all mining claims, all mining claim areas in a specified area of the State, all mining claims in respect of a specified mineral or all mining claims in respect of a specified mineral in a specified area of the State—

(a)the types of machinery, mechanical devices or other equipment (if any) that may or may not be used for prospecting, hand mining or other mining;

(b)the methods by which prospecting or operations for mining may or may not be carried on.

(2)A person purporting to act under a mining claim to which a declaration under subsection (1) applies must comply with the declaration.

(3)The Crown shall not be civilly liable on account of the effect of any regulation made pursuant to this section or section 111.

s 110 amd 1992 No. 68 s 3 sch 1; 2012 No. 20 s 125 sch 1; 2013 No. 10 s 104

111Declaration of prohibited machinery in mining claim area

The Governor in Council may by regulation with respect to any part of the State, declare that certain types of machinery, mechanical devices or other equipment may not be used in, on or under the area of any mining claim within that part.

s 111 amd 1992 No. 68 s 3 sch 1; 2012 No. 20 s 125 sch 1

112Minister may authorise use of prohibited machinery for purposes other than mining etc.

(1)Despite section 111, the Minister may authorise the use of prohibited machinery for purposes other than prospecting, exploring or mining in, on or under the area of a mining claim within an area specified in a declaration under that section.

(2)In subsection (1)—

prohibited machinery means machinery, mechanical devices and other equipment specified in the declaration under section 111.

s 112 sub 1992 No. 68 s 3 sch 1

amd 2012 No. 20 s 125 sch 1; 2013 No. 10 s 193 sch 1

113Prohibited machinery etc. not to be used on mining claim land

A person shall not, without the written prior authority of the Minister given pursuant to section 112, have or use any machinery, mechanical device or other equipment the use of which has been prohibited by a declaration under section 111 in, on or under the area of a mining claim within an area specified in the declaration.

Maximum penalty—

(a)for a first offence—200 penalty units;

(b)for a second offence—400 penalty units;

(c)for a third or subsequent offence—1,000 penalty units.

s 113 amd 1992 No. 68 s 3 sch 1; 2012 No. 20 s 125 sch 1; 2013 No. 10 s 193 sch 1

114Minerals taken become property of holder of mining claim

All minerals lawfully mined under the authority of a mining claim cease to be the property of the Crown or person who had property therein and become the property of the holder of the mining claim subject however to the rights to royalty payments under this Act of the Crown or any other person.

115Royalties in respect of minerals taken under mining claim

The holder of a mining claim shall pay in respect of all minerals mined or purported to be mined under the authority of the mining claim, the royalty prescribed pursuant to chapter 11.

s 115 amd 2012 No. 20 s 323 sch 3

116Appeals about mining claims

(1)An applicant for a mining claim who is dissatisfied with a decision of the Minister to refuse to grant the mining claim (the aggrieved person) may appeal against the decision to the Land Court.

(2)A holder of a mining claim who is dissatisfied with any of the following decisions of the Minister (also an aggrieved person) may appeal against the decision to the Land Court—

(a)a decision to impose a condition on a mining claim;

(b)a decision to require an applicant for, or holder of, a mining claim to deposit security;

Note—

For the provision of security, see section 83.

(c)a decision about carrying out improvement restoration for the mining claim;

(d)a decision to refuse to renew a mining claim.

(3)However, an applicant may not appeal against a decision of the Minister made in accordance with a consent of the Governor in Council or decision of the Land Court.

s 116 sub 1995 No. 21 s 35

amd 1999 No. 7 s 87 sch 3; 2000 No. 64 s 94; 2007 No. 39 s 41 sch; 2012 No. 20 s 125 sch 1; 2013 No. 10 s 193 sch 1

117How to start an appeal

(1)An appeal is started by filing a written notice of appeal with the chief executive.

(2)The notice of appeal must be filed within 20 business days after the aggrieved person receives notice of the decision appealed against.

(3)However, if—

(a)the decision did not state the reasons for the decision; and

(b)the person asked for a statement of reasons for the decision within the period mentioned in subsection (2);

the person may make the application within 20 business days after the person is given the statement of reasons.

(4)In addition, the Land Court may extend the period for filing the notice of appeal.

(5)The notice of appeal must state the grounds of appeal.

s 117 ins 1995 No. 21 s 35

amd 1999 No. 7 s 87 sch 3; 2005 No. 8 s 2 sch; 2007 No. 39 s 41 sch; 2013 No. 10 s 193 sch 1

118Stay of operation of decisions

(1)The Land Court may stay a decision appealed against to secure the effectiveness of the appeal.

(2)A stay—

(a)may be given on conditions the Land Court considers appropriate; and

(b)operates for the period fixed by the Land Court; and

(c)may be revoked or amended by the Land Court.

(3)The period of a stay fixed by the Land Court must not extend past the time when the Land Court decides the appeal.

(4)A decision, or the carrying out of a decision, is affected by the starting of an appeal only if the decision is stayed.

s 118 ins 1995 No. 21 s 35

amd 1999 No. 7 s 87 sch 3; 2007 No. 39 s 41 sch

119Hearing procedures

(1)In deciding an appeal, the Land Court—

(a)is not bound by the rules of evidence; and

(b)must observe natural justice.

(2)An appeal is by way of rehearing.

s 119 ins 1995 No. 21 s 35

amd 1999 No. 7 s 87 sch 3; 2007 No. 39 s 41 sch

120Powers of Land Court on appeal

(1)In deciding an appeal, the Land Court may—

(a)confirm the decision appealed against; or

(b)set the decision aside and substitute another decision; or

(c)set aside the decision and return the issue to the Minister with directions the Land Court considers appropriate.

(2)In substituting another decision, the Land Court has the same powers as the Minister.

Example—

The Land Court may decide that an unsuccessful applicant for a mining claim be granted the claim and impose conditions on it.

(3)If the Land Court substitutes another decision, the substituted decision is, for this Act, taken to be the decision of the Minister.

s 120 ins 1995 No. 21 s 35

amd 1999 No. 7 s 87 sch 3; 2007 No. 39 s 41 sch; 2013 No. 10 s 193 sch 1

121Effect of termination of mining claim

(1)This section applies on the termination of a mining claim.

(2)However, this section (other than subsection (3)) does not apply to a mining claim if the termination is for granting a new mining claim or a mining lease over the same area to the holder of the terminated mining claim.

(3)The person who was the holder of the terminated mining claim immediately before its termination must immediately remove each post or other thing used to mark the area (other than a survey mark or anything else required under another Act not to be removed).

(4)On the termination of a mining claim, the ownership of all mineral and property on the land in the area of the terminated claim divests from the owner and vests in the State.

(5)However, subsection (4) applies to property only if it was brought on to the area under the terminated claim.

s 121 sub 1995 No. 21 s 36

amd 2012 No. 20 s 125 sch 1; 2014 No. 47 s 419

122Application may be made for approval to remove mineral and property

(1)This section applies to mineral and property that vests in the State on the termination of a mining claim.

(2)Anyone who had an interest in the mineral or property immediately before its ownership vests in the State may apply in writing to the chief executive for permission to remove the mineral or property from the land.

(3)The application—

(a)must be made within 20 business days after the mineral or property vests in the State (or a longer period, of not more than 3 months, allowed by the chief executive); and

(b)may be made even though a subsequent grant of a mining claim, exploration permit, mineral development licence or mining lease has been made over the land.

(4)The chief executive may approve or refuse to approve the application.

(5)However, the chief executive must approve the application if the chief executive is satisfied—

(a)the person was entitled to the mineral or property immediately before it vested in the State; and

(b)there is enough security held for the mining claim to meet the costs for which it was deposited.

Note—

For the provision of security, see section 83.

(6)The approval may be given on conditions stated in it.

(7)If the application is approved, the person named in the approval may enter the land and remove mineral or property (other than covers, fencing, casings, linings, timbering or other things securing the safety of the land) stated in the application before the time stated in the approval ends.

(8)Anything removed under subsection (7) divests from the State and vests in the person entitled to it immediately before the termination of the mining claim.

(9)However, mineral divests from the State and forms part of the land if it is not removed before the later of—

(a)the end of the time stated in an approval under this section; or

(b)3 months after the termination of the mining claim.

s 122 ins 1995 No. 21 s 36

amd 2005 No. 8 s 2 sch; 2012 No. 20 s 125 sch 1; 2013 No. 10 s 193 sch 1

123Property remaining on former mining claim may be sold etc.

(1)This section applies if the chief executive has not received, or has received but not granted, an application for approval to remove property from the area of a terminated mining claim within 3 months after the claim’s termination.

(2)The chief executive may—

(a)sell the property by public auction or in another way; or

(b)if the property has no commercial value—dispose of or destroy it.

(3)Proceeds of a sale are to be applied in the following order towards—

(a)the reasonable expenses incurred in the sale;

(b)the cost of rectifying actual damage for which an amount of security deposited for the mining claim could have been used but was not used, or was inadequate;

(c)costs and expenses mentioned in the Environmental Protection Act, section 316C;

(d)amounts owing to the State under this Act by the former holder;

(e)any other amounts owing to the State under the Environmental Protection Act for a relevant environmental authority;

(f)rates and charges (including interest on unpaid rates and charges) owing to a local government by the former holder for the mining claim;

(g)amounts owing to a mortgagee by the former holder under a mortgage registered under this Act over the mining claim.

(4)Any balance must be paid to the former holder.

(5)If the chief executive can not decide the identity of, or locate, a person entitled to the proceeds or a part of the proceeds, the chief executive may pay the amount to the public trustee as unclaimed moneys.

(6)Compensation is not payable for a sale, disposal or destruction under this section.

s 123 ins 1995 No. 21 s 36

amd 2000 No. 64 ss 95, 174 sch; 1994 No. 62 s 616 (2) (amd 2000 No. 64 s 52); 2012 No. 20 s 125 sch 1; 2012 No. 16 s 78 sch; 2013 No. 10 s 105; 2018 No. 30 s 209

124Approval for prospecting or exploring on reserve subject of mining claim application

(1)The holder of a prospecting permit or exploration permit who makes application for the grant of a mining claim in respect of land that is a reserve and who is unable to obtain the consent of the owner to prospect or explore on that land for the purposes of obtaining information necessary to further the application may apply to the chief executive for permission to so prospect or explore upon that land.

(2)The chief executive may reject the application or may recommend to the Minister that, subject to the views of the owner being obtained and taken into account, permission be given to the holder to prospect or explore accordingly.

(3)Where the Minister gives the holder of a prospecting permit or exploration permit permission pursuant to subsection (2), the holder, for as long as the holder complies with any conditions imposed by the Minister, shall be deemed to have the consent of the owner of the relevant land to be on that land for prospecting or exploring purposes until the application for the grant of the mining claim is determined or the Minister otherwise determines.

s 124 amd 2013 No. 10 s 106

125Variation of access to mining claim area

(1)The holder of a mining claim may apply to the chief executive in the approved form for a variation of the land used or proposed to be used as access in relation to the area of the mining claim.

(2)An application for a variation of the land used or proposed to be used as access under this section shall be accompanied by—

(a)such particulars as are, by section 61, required to accompany an application for the grant of a mining claim in so far as those particulars relate to the land used or proposed to be used as access in relation to the area of the mining claim; and

(b)the prescribed application fee.

(3)Where, in respect of an application for a variation of the land used or proposed to be used as access under this section, the chief executive is not satisfied that the owner of the land proposed to be used as access consents to the use, the chief executive must refer the issue of consent to the Land Court for its consideration.

(4)The Land Court must fix a date for the hearing and immediately give written notice of the date to each of the following—

(a)the chief executive;

(b)the applicant;

(c)the land owner.

(4A)The date must be at least 20 business days after the day the Land Court fixes the date.

(5)The Land Court shall hear and determine the matter by determining—

(a)that consent to the proposed variation should or should not be given; and

(b)if consent should be given, the amount (if any) of compensation payable by the holder in respect of the proposed use of that land as access.

(6)Subject to subsection (7), the provisions of section 85(5) to (9) apply in respect of a matter referred to the Land Court under this section as if the matter were an application made to the Land Court under section 85(4).

(7)In determining compensation payable under subsection (5), allowance shall be made for compensation agreed or determined to be payable in respect of the current land used as access in respect of the mining claim.

(8)The determination of the Land Court of a matter under this section shall be final and conclusive.

(9)In respect of an application made under this section, upon—

(a)where the proposed access is over land of which there is an owner—

(i)lodgement with the chief executive of the consent in writing of the owner or owners of that land; or

(ii)where the Land Court determines that consent should be granted, whether with or without compensation, compliance with any terms and conditions imposed by the Land Court to be complied with before consent is given; and

(b)where the proposed access is over land of which there is no owner, the chief executive determining that the variation is, in the circumstances, appropriate;

the chief executive shall record the variation of that access in the register and advise the holder and the owner accordingly.

(10)An agreement made between a holder and an owner of land regarding compensation payable in respect of the proposed use of the land as access in respect of a mining claim as a result of a variation under this section shall not be effective unless and until—

(a)it is in writing signed by or on behalf of the parties; and

(b)it is filed.

s 125 ins 1990 No. 30 s 11

amd 1995 No. 21 s 3 sch; 1999 No. 7 s 87 sch 3; 2005 No. 8 s 10; 2007 No. 39 s 41 sch; 2012 No. 20 s 125 sch 1, s 281 sch 2; 2013 No. 10 s 107; 2014 No. 47 s 420; 2018 No. 24 s 87

ch hdg (prev pt 5 hdg) sub 2012 No. 20 s 290 (2) (amd 2013 No. 10 s 156)

pt hdg (prev pt 5 div 1 hdg) ins 2013 No. 10 s 47

sub 2012 No. 20 s 290 (2) (amd 2013 No. 10 s 156)

126Blocks and sub-blocks of land

(1)For the purposes of this Act the surface of the earth shall be deemed to be divided into blocks and sub-blocks.

(2)A block shall be the land contained within 2 meridians 5' of longitude apart each meridian being a multiple of 5' of longitude from the meridian of Greenwich and within 2 parallels of latitude 5' apart each parallel of latitude being a multiple of 5' of latitude from the equator.

(3)A block shall be divided into 25 sub-blocks each sub-block being bounded by 2 meridians 1' of longitude apart and 2 parallels of latitude and 1' of latitude apart.

(4)Each block and sub-block shall be identified by a means approved for the time being by the chief executive.

127Land subject to exploration permit

(1)An exploration permit authorises entry to sub-blocks of land specified therein.

(2)Subject to subsection (3), an exploration permit shall be granted in respect of specified sub-blocks of land each sub-block to have at least 1 side in common with another sub-block within the subject land.

(3)If the Minister, on the information contained in the application for an exploration permit, is satisfied that the program of work proposed in the application can be carried out using competent and efficient mineral exploration practices, an exploration permit may be granted for sub-blocks of land that do not have a common boundary.

(4)Unless otherwise approved by the Minister either generally or in a particular case, the area of land in respect of which an exploration permit may be granted shall not exceed the area prescribed in respect of the mineral or minerals concerned.

s 127 amd 2008 No. 33 s 82

128Only eligible persons to hold exploration permits

An exploration permit shall not be held by a person who is not an eligible person.

129Entitlements under exploration permit

(1)During the term of an exploration permit—

(a)the holder of the exploration permit and any person who acts for the purpose of carrying out any activity authorised by the exploration permit, with or by such vehicles, vessels, machinery and equipment as may be necessary or expedient for the purpose of exploring for any mineral to which the exploration permit applies, may, in compliance with the Common Provisions Act, chapter 3, enter any part of the area of the exploration permit for the purpose of—

(i)facilitating that exploration; or

(ii)plugging and abandoning, or otherwise remediating, a legacy borehole and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation; and

(b)the holder of the permit may, subject to compliance with this Act, have considered for grant, in priority to all other persons, an application for the grant of a mining claim, mineral development licence or mining lease for all or part of the area of the permit; and

(c)the holder of the permit may enter the area of the permit for either or both of the following purposes—

(i)doing all acts necessary to comply with this Act for an application mentioned in paragraph (b);

(ii)if the application or EIS relates to an application mentioned in paragraph (b), doing all acts necessary to comply with—

(A)an application for an environmental authority under the Environmental Protection Act; or

(B)that Act for an EIS; or

(C)the State Development and Public Works Organisation Act 1971 for an EIS.

Example for paragraph (c)(ii)—

The holder of the permit wishes to apply for the grant of a mining lease for the area of the permit. The holder also wishes to apply for an environmental authority for a mining activity that relates to the mining lease under the Environmental Protection Act. The holder may enter the area to carry out an environmental assessment for the environmental authority application under the Environmental Protection Act, section 125(1)(l).

(7)The holder of an exploration permit, and each person who enters or is upon land under the authority of that exploration permit, shall comply with the terms and conditions upon which any consent required to be given under this Act in respect thereof was given by the owner of that land.

(15)For the purpose of exercising his or her entitlements under this part a person who enters or is upon land under the authority of an exploration permit may stay at night thereon and for that purpose may set up temporary accommodation thereon.

(16)During the term of an exploration permit, the rights of the holder of the permit relate, and are taken to have always related, to the whole of the area of the permit.

s 129 amd 1990 No. 30 s 12; 1995 No. 21 ss 37, 3 sch; 2000 No. 64 s 96; 2012 No. 20 ss 169, 125 sch 1; 2013 No. 10 s 108; 2014 No. 47 s 399; 2014 No. 47 ss 374, 421

130Exploration permit to specify minerals sought

(1)Except where subsection (2) is applied, an exploration permit shall be granted in respect of—

(a)all minerals other than coal; or

(b)coal.

(2)If, in the exceptional circumstances of a particular case, the Minister considers good reason exists therefor, an exploration permit may be granted in respect of the mineral or minerals specified therein.

(3)Minerals may be specified by indicating other minerals to which the exploration permit does not apply.

pt hdg (prev pt 5 div 2 hdg) ins 2013 No. 10 s 48

sub 2012 No. 20 s 290 (2) (amd 2013 No. 10 s 156)

130AApplication of pt 2

This part applies to exploration permits for a mineral other than coal.

s 130A ins 2013 No. 10 s 48

amd 2012 No. 20 s 323 sch 3 (amd 2013 No. 10 s 159 (2))

131Who may apply

(1)An eligible person may apply for an exploration permit (the proposed permit) other than for a sub-block—

(a)over which a current exploration permit authorises exploration for a mineral for which the proposed permit is sought; or

(b)that has been the subject of an exploration permit (the earlier permit) authorising the exploration for a mineral for which the proposed permit is sought and less than 2 months has passed since the end of the month in which the sub-block ceased to be in—

(i)the earlier permit’s area; or

(ii)if the earlier permit has ended—the former earlier permit’s area; or

(c)that is or has been the subject of an earlier exploration permit application if the earlier application was for a mineral for which the proposed permit is sought and—

(i)the earlier application has not been decided; or

(ii)if the earlier application has been refused or abandoned—less than 2 months has passed since the end of the month in which the earlier application was refused or abandoned.

(2)However, an application can not be made for an exploration permit for a sub-block the subject of a call for EP (non-coal) tenders.

Note—

See section 136A in relation to calls for EP (non-coal) tenders.

(3)Despite subsection (1)(a), an eligible person may apply for a proposed permit for a sub-block (the relevant sub-block) in the area of a current exploration permit if—

(a)the person is the holder of the current exploration permit; and

(b)the person purports to surrender the current exploration permit under section 161(1) and the application for the proposed permit relates to land including the relevant sub-block.

(4)Despite subsection (1)(b), an eligible person may apply for a proposed permit for a sub-block over which the person held an exploration permit the person had surrendered to be granted a further exploration permit for the sub-block.

s 131 amd 1997 No. 14 s 6

sub 2012 No. 20 s 170

amd 2013 No. 10 s 49

132Exclusion of land from area of exploration permit if subject to other authority under Act

(1)Where, at the time the lodgement of an application for the grant of an exploration permit is accepted, land is the subject of—

(a)a mining claim, mineral development licence or mining lease; or

(b)an application for a mining claim, mineral development licence or mining lease;

that land and the surface of that land shall be taken to be excluded from the land specified in the exploration permit—

(c)in the case of a mining claim, mineral development licence or mining lease referred to in paragraph (a)—for so long as the land remains subject thereto; and

(d)in the case of an application referred to in paragraph (b)—

(i)for so long as the application is not rejected or abandoned; and

(ii)if a mining claim, mineral development licence or mining lease is granted, for so long as the land remains subject thereto;

except where the Minister, in exceptional circumstances in the Minister’s absolute discretion otherwise determines.

(2)Upon—

(a)the termination of a mining claim or mining lease granted; or

(b)the rejection or abandonment of an application for—

(i)a mining claim; or

(ii)a mineral development licence; or

(iii)a mining lease;

in respect of land within the external boundaries of the area of an exploration permit that land shall become part of the area of the exploration permit except—

(c)to the extent that the land is the subject of a current mining claim, mineral development licence or mining lease or application for a mining claim, mineral development licence or mining lease; or

(d)in the case of a rejection or abandonment of an application for a mineral development licence where the applicant is not the holder of the exploration permit; or

(e)where the exploration permit provides otherwise.

s 132 amd 1999 No. 35 s 24; 2012 No. 20 s 125 sch 1; 2014 No. 47 s 469

133Application for exploration permit

An application for an exploration permit may be made by an eligible person and shall—

(a)be in the approved form; and

(b)specify the name of each applicant; and

(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; and

(d)define the boundary of the area of the proposed exploration permit; and

Note—

Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.

(e)specify the mineral or minerals in respect of which the exploration permit is sought; and

(f)be accompanied by a statement—

(i)specifying a description of the program of work proposed to be carried out under the authority of the exploration permit, if granted; and

(ii)specifying the estimated human, technical and financial resources proposed to be committed to exploration work during each year of the exploration permit, if granted; and

(iii)detailing exploration data captured by the applicant prior to the application in relation to that land; and

(g)be accompanied by—

(i)a statement, separate from the statement mentioned in paragraph (f), detailing the applicant’s financial and technical resources; and

(ii)if the application relates to land that includes sub-blocks of land that do not have a common boundary—a statement detailing how the work proposed can be carried out using competent and efficient mineral exploration practices; and

(iii)if the application relates to an area of land that exceeds the area prescribed for the mineral or minerals—a statement about why the applicant requires more than the prescribed area of land; and

(iv)proof of the applicant’s identity; and

(v)the application fee prescribed under a regulation.

s 133 amd 1995 No. 21 ss 38, 3 sch; 2000 No. 64 s 97; 2005 No. 8 s 11; 2007 No. 46 s 66; 2008 No. 33 s 83; 2012 No. 20 s 281 sch 2; 2014 No. 47 s 421A (amd 2016 No. 30 s 85), s 480

134Application to be numbered

An application for an exploration permit shall be numbered as prescribed which number, if the exploration permit is granted, shall become the number of that permit.

134APriority of applications for grant of exploration permit

(1)Applications for the grant of exploration permits in respect of the same mineral, duly made in respect of or including the same land take priority, for the purpose of considering and deciding the applications, according to the day on which they are lodged under this Act.

(2)If applications are lodged on the same day, they take the priority the Minister decides, after considering the relative merits of each application.

(3)If an application is lodged by mail, courier service or similar means, it is taken to be lodged on the day the application is received at a place that the application may be lodged under section 386O.

s 134A ins 1997 No. 14 s 7

amd 2005 No. 8 s 2 sch; 2012 No. 20 s 281 sch 2

135Abandonment of application for exploration permit

(1)The applicant for an exploration permit may, at any time before the grant of the exploration permit, by notice in writing to the chief executive abandon the application in relation to all or part of the land to which it relates.

(2)The abandonment of an application for the grant of an exploration permit shall take effect on the day next following its receipt by the chief executive.

(2A)If the application is abandoned in relation to part only of the land to which it relates, the application must be amended to define the boundary of the area of the proposed exploration permit for which the application is to remain in force.

Note—

Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.

(3)Upon the abandonment of an application for an exploration permit, the Minister, at the Minister’s discretion, may retain the whole or part of the application fee.

s 135 prev s 135 amd 2002 No. 62 s 4

om 2012 No. 20 s 172

pres s 135 (prev s 159) amd 2000 No. 64 s 106; 2005 No. 8 s 19; 2012 No. 20 s 281 sch 2

reloc and renum 2013 No. 10 s 55

amd 2014 No. 47 s 421B (amd 2016 No. 30 s 85)

136Grant of exploration permit on application

(1)The Minister may, for an application for an exploration permit under this part—

(a)grant an exploration permit, with or without conditions; or

(b)refuse the application.

(2)However, the Minister must not grant an exploration permit unless the Minister is satisfied the prescribed criteria for the grant of the permit are met.

(3)Also, subject to subsection (4), the Minister must not grant an exploration permit for land if all or any part of the land is—

(a)in a fossicking area; or

(b)subject to an exploration permit for the same mineral.

(4)Subsection (3)(a) does not apply if the application for the exploration permit was made, but not decided, before the land became a fossicking area.

(5)If the Minister refuses an application for an exploration permit under this part, the Minister may decide whether all or part of the application fee that accompanied the application will be retained.

s 136 prev om 2008 No. 33 s 85

pres ins 2013 No. 10 s 50

amd 2012 No. 20 s 323 sch 3 (amd 2013 No. 10 s 159 (2))

136AObtaining exploration permit by competitive tender

(1)This section applies if the Minister considers it is in the best interests of the State for an exploration permit for a mineral other than coal to be granted for 1 or more sub-blocks by competitive tender.

(2)The Minister may publish a gazette notice (a call for EP (non-coal) tenders) inviting tenders for the exploration permit.

(3)Part 3, divisions 2 and 3 apply for the call for EP (non-coal) tenders—

(a)as if—

(i)a reference to a call for EP (coal) tenders were a reference to a call for EP (non-coal) tenders; and

(ii)a reference to an exploration permit for coal were a reference to an exploration permit for a mineral other than coal for the sub-blocks the subject of the call; and

(b)with any other necessary changes.

(4)The Minister must not act under subsection (2) for a sub-block that is—

(a)in a fossicking area; or

(b)the subject of an application for an exploration permit for the same mineral.

s 136A ins 2013 No. 10 s 50

amd 2012 No. 20 s 323 sch 3 (amd 2013 No. 10 s 159 (2))

pt hdg (prev pt 5 div 3 hdg) ins 2013 No. 10 s 50

sub 2012 No. 20 s 290 (2) (amd 2013 No. 10 s 156)

div hdg (prev pt 5 div 3 sdiv 1 hdg) ins 2013 No. 10 s 50

sub 2012 No. 20 s 290 (2) (amd 2013 No. 10 s 156)

136BApplication and operation of pt 3

(1)This part—

(a)applies to exploration permits for coal; and

(b)provides for a process for the granting of exploration permits for coal—

(i)generally, by competitive tender; or

(ii)to a person who holds 1 or more exploration permits for coal for the same land that are surrendered immediately before the grant of the permit; or

(iii)to a person in relation to a coal mining project under division 5.

(2)To remove any doubt, it is declared that an exploration permit for coal can only be granted under this part.

s 136B ins 2013 No. 10 s 50

amd 2012 No. 20 s 323 sch 3 (amd 2013 No. 10 s 159 (2)); 2018 No. 24 s 88

div hdg (prev pt 5 div 3 sdiv 2 hdg) ins 2013 No. 10 s 50

sub 2012 No. 20 s 290 (2) (amd 2013 No. 10 s 156)

136CCall for tenders

(1)The Minister may publish a gazette notice (a call for EP (coal) tenders) inviting tenders for an exploration permit for coal.

(2)The call must state—

(a)the proposed area of the permit; and

(b)the day and time by which tenders in response to it must be made (the closing time for the call); and

(c)that the tenders must be lodged before the closing time for the call; and

(d)that details about each of the following are available at a stated place—

(i)any proposed conditions of the permit that are likely to impact significantly on exploration in the proposed area;

(ii)the period of not more than 5 years for which the proposed program of work for the permit must apply;

(iii)any criteria (special criteria), other than the prescribed criteria, proposed to be used to decide whether to grant the permit, or to decide its provisions;

(iv)whether a process for appointing a preferred tenderer involving a cash bid component is to be used for deciding the call.

(3)The call may state other relevant matters, including, for example, matters relevant to the special criteria and prescribed criteria.

(4)Subsection (2)(d)(i) does not limit the Minister’s power under section 136K to decide conditions of the exploration permit if it is granted.

(5)However, the Minister must not act under this section for land if all or any part of the land is—

(a)in a fossicking area; or

(b)the subject of an application for an exploration permit for the same mineral.

s 136C ins 2013 No. 10 s 50

136DRight to tender

(1)An eligible person may, by a tender made under section 136E, tender for a proposed exploration permit the subject of a call for EP (coal) tenders.

(2)However, the tender can not be made—

(a)after the closing time for the call; or

(b)for only part of the area of the proposed exploration permit.

s 136D ins 2013 No. 10 s 50

136ERequirements for making tender

A tender for an exploration permit for coal must—

(a)be in the approved form; and

(b)be accompanied by a statement—

(i)specifying a description of the program of work proposed to be carried out under the authority of the exploration permit, if granted; and

(ii)specifying the estimated human, technical and financial resources proposed to be committed to exploration work during each year of the exploration permit, if granted; and

(c)be accompanied by a statement, separate from the statement mentioned in paragraph (b), detailing the tenderer’s financial and technical resources; and

(d)be accompanied by the following—

(i)proof of the tenderer’s identity;

(ii)the application fee prescribed under a regulation;

(iii)if a process for appointing a preferred tenderer involving a cash bid component is to be used for deciding the call—the tenderer’s cash bid.

s 136E ins 2013 No. 10 s 50

amd 2014 No. 47 s 481

136FRight to terminate call for tenders

(1)The Minister may, by gazette notice, terminate a call for EP (coal) tenders at any time before deciding to grant an exploration permit to an eligible person who has made a tender in response to the call.

(2)All tenders in response to the call lapse when the call is terminated.

(3)No amount, whether by way of compensation, reimbursement or otherwise is payable by the State to any person for or in connection with the termination.

(4)However, subject to sections 136H(4) and 136J(4), the Minister must refund any tender security given by the tenderer.

s 136F ins 2013 No. 10 s 50

136GAmendment of tender

(1)This section provides for the amendments that can be made to a tender in response to a call for EP (coal) tenders.

(2)A proposed program of work included in the tender may be amended at any time until, but not after, the tenderer has become the preferred tenderer for the call.

(3)The tender may be amended, other than as provided by subsection (2), at any time until, but not after, the closing time for the call.

(4)However, subsection (3) does not apply if—

(a)the tenderer is a company; and

(b)the change is only a change of name of the tenderer; and

(c)the tenderer’s Australian company number and Australian registered business name have not changed.

s 136G ins 2013 No. 10 s 50

136HWithdrawal of tender

(1)A person who has lodged a tender in response to a call for EP (coal) tenders may lodge a notice withdrawing the tender at any time before the relevant exploration permit is granted.

(2)The withdrawal takes effect when the notice is lodged.

(3)If the preferred tenderer’s tender is withdrawn under this section, the withdrawal does not affect the Minister’s power to appoint another tenderer, from the tenders made in response to the call, to be the preferred tenderer.

(4)If a tender is withdrawn under this section, the Minister may, if the Minister considers it reasonable in the circumstances, retain the whole or part of any tender security given by the tenderer.

s 136H ins 2013 No. 10 s 50

div hdg (prev pt 5 div 3 sdiv 3 hdg) ins 2013 No. 10 s 50

sub 2012 No. 20 s 290 (2) (amd 2013 No. 10 s 156)

136IProcess for deciding tenders

(1)Subject to section 136K(2) and (3), any process the Minister considers appropriate may be used to decide a call for EP (coal) tenders, including, for example—

(a)a process appointing a preferred tenderer on the tenders made in response to the call (whether or not involving a cash bid component); or

(b)a process involving short-listing a group of possible preferred tenderers and inviting them to engage in another round of tendering before appointing a preferred tenderer from that group.

(2)Without limiting subsection (1), the Minister may give a tenderer a notice requiring the tenderer to give the Minister, within the reasonable period stated in the notice, information the Minister reasonably requires to assess the tender.

s 136I ins 2013 No. 10 s 50

136JProvisions for preferred tenderers

(1)The Minister may require a preferred tenderer for the call for EP (coal) tenders to—

(a)pay any amounts necessarily incurred, or to be incurred, to enable the exploration permit to be granted; and

Example—

amounts required to comply with the Commonwealth Native Title Act, part 2, division 3, subdivision P

(b)do all or any of the following within a stated reasonable period—

(i)pay the rental for the first year of the term of the permit under section 138;

(ii)give, under section 144, security for the permit.

(2)If a preferred tenderer does not—

(a)comply with a requirement under subsection (1); or

(b)do all things reasonably necessary to allow an exploration permit for coal to be granted to the tenderer;

the Minister may revoke the tenderer’s appointment as the preferred tenderer.

(3)However, before acting under subsection (2), the Minister must give the preferred tenderer a reasonable opportunity to provide reasons for, and rectify, the tenderer’s failure to comply with a requirement under subsection (1) or (2)(b).

(4)If the Minister revokes the appointment of the tenderer as the preferred tenderer under this section, the Minister may—

(a)retain the whole or part of any tender security given by the tenderer, if the Minister considers it reasonable in the circumstances; and

(b)appoint another tenderer to be the preferred tenderer.

s 136J ins 2013 No. 10 s 50

136KDeciding whether to grant exploration permit

(1)The Minister may, after the closing time for the call for EP (coal) tenders—

(a)grant an exploration permit for coal to 1 tenderer, with or without conditions; or

(b)refuse to grant any exploration permit for coal.

(2)However, the Minister must not grant the exploration permit unless the Minister is satisfied the prescribed criteria for the grant of the permit are met.

(3)Also, in deciding whether to grant an exploration permit or deciding its provisions, the Minister must consider any special criteria for the call.

s 136K ins 2013 No. 10 s 50

136LNotice to unsuccessful tenderers

(1)After a call for EP (coal) tenders has been decided, each tenderer not granted the exploration permit must be given notice of the decision.

Note—

See also the Judicial Review Act 1991, section 32 (Request for statement of reasons).

(2)Subject to sections 136H(4) and 136J(4), the Minister must refund any tender security given by the tenderer.

s 136L ins 2013 No. 10 s 50

div hdg (prev pt 5 div 3 sdiv 4 hdg) ins 2013 No. 10 s 50

sub 2012 No. 20 s 290 (2) (amd 2013 No. 10 s 156)

136MApplication for exploration permit for surrendered exploration permits

(1)This section applies if the holder of an exploration permit for coal intends to surrender the permit.

(2)The holder may apply for a new exploration permit for the whole or part of the area of the exploration permit to be surrendered.

(3)The application must be made in the same way an application for an exploration permit is made under section 133.

(4)The Minister may give the applicant a notice requiring the applicant to give the Minister information the Minister reasonably requires to assess the application.

(5)If the information is not given to the Minister within the reasonable period stated in the notice, the Minister may refuse the application.

(6)An application for an exploration permit under this section must be numbered in the way prescribed under a regulation and the number, if the permit is granted, must become the number of that permit.

s 136M ins 2013 No. 10 s 50

136NGrant of exploration permit for surrendered exploration permits

(1)The Minister may, for an application for an exploration permit under section 136M—

(a)grant the exploration permit, with or without conditions; or

(b)refuse the application.

(2)However, the Minister must not grant an exploration permit under this section unless the Minister is satisfied the prescribed criteria for the grant of the permit are met.

(3)Also, subject to subsection (4), the Minister must not grant an exploration permit for land if all or any part of the land is in a fossicking area.

(4)Subsection (3) does not apply if the application for the exploration permit was made, but not decided, before the land became a fossicking area.

(5)If the Minister refuses the application, the Minister may decide whether all or part of the application fee that accompanied the application will be retained.

s 136N ins 2013 No. 10 s 50

div hdg ins 2018 No. 24 s 89

136O Definitions for division

In this division—

coal interest means—

(a)a coal exploration tenement; or

(b)a coal mining lease; or

(c)an application for a coal mining lease.

coal mining project see section 136P(1).

project land, for a coal mining project, see section 136P(2).

s 136O ins 2018 No. 24 s 89

136P Meaning of coal mining project and project land

(1)A coal mining project is 1 or more coal interests that is or includes a coal mining lease, or an application for a coal mining lease, if authorised activities for the coal interest or interests are or will be carried out as a single integrated operation.

(2)Project land for a coal mining project is land in the area of any of the following for the project—

(a)a coal exploration tenement;

(b)a coal mining lease;

(c)a proposed coal mining lease the subject of an application for a coal mining lease.

s 136P ins 2018 No. 24 s 89

136Q Who may apply

An eligible person may apply under this division for an exploration permit for coal for an area if—

(a)the eligible person is the holder of, or the applicant for, a coal mining lease that is, or is included in, a coal mining project; and

(b)the area—

(i)is contiguous to project land for the coal mining project; and

(ii)is not the subject of a coal interest or an application for a coal exploration tenement; and

(iii)is not more than 6 sub-blocks; and

(iv)is not the subject of a call for EP (coal) tenders; and

(c)an exploration permit for coal has not previously been granted under this division in relation to the coal mining project.

s 136Q ins 2018 No. 24 s 89

136R Application

An application under this division for an exploration permit for coal in relation to a coal mining project must—

(a)be in the approved form and lodged with the chief executive; and

(b)state the name of the applicant; and

(c)define the boundary of the area of the proposed exploration permit; and

Note—

Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.

(d)be accompanied by a statement—

(i)describing the program of work proposed to be carried out under the authority of the exploration permit; and

(ii)stating the estimated human, technical and financial resources proposed to be committed to the work during each year of the exploration permit; and

(iii)stating how the work proposed to be carried out under the authority of the exploration permit is necessary for the operation of the coal mining project; and

(e)be accompanied by a statement, separate from the statement mentioned in paragraph (d), detailing the applicant’s financial and technical resources; and

(f)be accompanied by—

(i)proof of the applicant’s identity; and

(ii)the application fee prescribed by regulation.

s 136R ins 2018 No. 24 s 89

136S Deciding application

(1)The Minister may—

(a)grant the exploration permit for coal, with or without conditions, for all or part of the area of the proposed exploration permit; or

(b)refuse the application.

(2)However, the Minister must not grant the exploration permit unless the Minister is satisfied the prescribed criteria for the grant of the permit are met.

(3)Also, the Minister must not grant the exploration permit if all or part of the area of the proposed exploration permit is in a fossicking area.

(4)Subsection (3) does not apply if the application for the exploration permit was made but not decided before the area became a fossicking area.

(5)Without limiting subsection (1), the Minister may refuse to grant the exploration permit if the Minister considers the grant is not in the public interest.

(6)The Minister may grant the exploration permit for coal only if the Minister is satisfied—

(a)the applicant is the holder of, or the applicant for, a coal mining lease that is, or is included in, a coal mining project; and

(b)the area of the exploration permit is contiguous to the project land for the coal mining project; and

(c)the area of the exploration permit is not the subject of a coal interest or an application for a coal exploration tenement; and

(d)the area of the exploration permit is not more than 6 sub-blocks; and

(e)an exploration permit for coal has not previously been granted under this division in relation to the coal mining project; and

(f)the exploration permit is necessary for the operation of the coal mining project; and

(g)the applicant has demonstrated the financial and technical capability of carrying out the activities proposed under the exploration permit; and

(h)the area of the exploration permit is not identified, or likely to be identified, as land to be released for tender for coal or other minerals.

(7)If the exploration permit is granted for only part of the area of the proposed exploration permit—

(a)the application is taken to be refused for the remainder of the area; and

(b)the Minister must give the applicant written notice of the reasons for the refusal.

(8)If the Minister refuses the application, the Minister—

(a)must give the applicant written notice of the reasons for the refusal; and

(b)may refund all or part of the application fee that accompanied the application.

s 136S ins 2018 No. 24 s 89

136T Withdrawing application

(1)The applicant for an exploration permit may lodge a notice with the chief executive withdrawing the application in relation to all or part of the area to which it relates at any time before the grant of the exploration permit.

(2)The withdrawal takes effect when the notice is lodged.

(3)If an application for an exploration permit is withdrawn in relation to only part of the area to which it relates, the application must be amended to define the boundary of the area of the proposed exploration permit for which the application is to remain in force.

Note—

Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.

(4)If an application for an exploration permit is withdrawn under this section, the Minister may, if the Minister considers it reasonable in the circumstances, retain the whole or part of the application fee.

s 136T ins 2018 No. 24 s 89

pt hdg (prev pt 5 div 4 hdg) ins 2013 No. 10 s 50

sub 2012 No. 20 s 290 (2) (amd 2013 No. 10 s 156)

137Prescribed criteria for grant of exploration permit

(1)This section states the criteria (prescribed criteria) for the grant of an exploration permit under part 2 or 3.

(2)The criteria are as follows—

(a)the requirements of this Act have been complied with;

(b)the applicant is an eligible person;

(c)the applicant has paid rental for the first year of the term of the exploration permit under section 138;

(d)the Minister has, under subsection (3), approved the program of work that accompanied the application for the exploration permit;

(e)the Minister has not, under subsection (4), decided the person is disqualified from being granted the permit.

Notes—

1Under section 144, an exploration permit can not be granted until the applicant has deposited security decided under that section.

2If the application relates to acquired land, see also section 10AAC.

(3)In deciding whether to approve the program of work, the Minister must have regard to the following matters—

(a)the extent of the proposed activities in the proposed area of the exploration permit;

(b)when and where the applicant proposes to carry out exploration activities in the proposed area of the exploration permit;

(c)whether the applicant has the financial and technical capability for carrying out the work.

(4)The Minister may decide an applicant is disqualified from being granted an exploration permit if—

(a)the Minister reasonably believes the applicant or, if the applicant is a company, an associate of the applicant has, at any time, contravened a provision of this Act, the repealed Acts or other mining legislation (whether or not the applicant or associate has been charged or convicted of an offence for the contravention); and

(b)having regard to the matters mentioned in subsection (5), the Minister considers the applicant is not a suitable person to carry out activities under the exploration permit.

(5)For subsection (4)(b), the matters to which the Minister may have regard are as follows—

(a)the nature of the contravention, including, for example—

(i)whether it relates to an administrative or procedural requirement; and

(ii)the extent to which the applicant or applicant’s associate was involved in the contravention; and

(iii)whether the contravention involved the applicant or associate engaging in fraudulent or dishonest conduct; and

(iv)the degree of harm caused or likely to be caused by the contravention to persons other than the applicant or to the environment;

(b)whether the applicant or applicant’s associate has been proceeded against for the contravention and, if so, the outcome of the proceeding;

(c)whether the applicant or an associate of the applicant has previously engaged in similar contraventions or other contraventions of a kind mentioned in subsection (4)(a), and the nature of the contraventions and the outcome of any proceedings for the contraventions;

(d)any other matters the Minister considers relevant.

(6)In this section—

associate, for an applicant that is a company, means—

(a)an officer or employee of the company; or

(b)another person who in the Minister’s opinion is in a position to control or influence substantially the company’s affairs.

s 137 amd 1994 No. 63 s 110 (2) sch; 1995 No. 21 s 3 sch; 1999 No. 35 s 25; 2000 No. 64 s 98; 2005 No. 8 s 12; 2008 No. 33 s 86; 2008 No. 56 s 32; 2012 No. 20 ss 54, 281 sch 2

sub 2013 No. 10 s 51

amd 2012 No. 20 s 323 sch 3 (amd 2013 No. 10 s 159 (2))

137A Details of exploration permit to be recorded in register

The chief executive must record in the register the following details of an exploration permit—

(a)the identification number of the permit;

(b)the name of the holder;

(c)the address for service of notices on the holder;

(d)the description of land for which the permit is granted;

(e)the term and date of commencement of the permit;

(f)the conditions, other than conditions prescribed under this Act, to which the permit is subject;

(g)the minerals the subject of the permit;

(h)the programs of works and studies to be carried out under the permit.

s 137A ins 2008 No. 33 s 87

sub 2018 No. 24 s 90

138Rental payable on exploration permit

(1)Rental for the first year of the term of an exploration permit (its first rental period) is payable before the granting of the permit under part 2 or 3 (the original permit).

(2)On the renewal of an exploration permit, rental is payable—

(a)for the first year of the term of the renewed permit; and

(b)within 20 business days after the renewal is granted.

(3)For each year an exploration permit is in force, rental for the whole year (other than its first rental period) is payable on or before the anniversary of—

(a)for an original permit—the grant of the permit; or

(b)for a renewed permit—the day the term of the renewed permit started.

Note—

For when the term of a renewed permit starts, see section 147D.

(4)The amount of the rental payable for each year is calculated by multiplying the number of sub-blocks to which the permit applies by the amount prescribed under a regulation for the year.

s 138 sub 2005 No. 8 s 13

amd 2008 No. 56 s 33; 2012 No. 20 s 125 sch 1; 2013 No. 10 s 52; 2012 No. 20 s 323 sch 3 (amd 2013 No. 10 s 159 (2))

139Periodic reduction in area of exploration permit

(1)Unless the Minister otherwise decides, whether before the grant of an exploration permit or during its term the area of the permit must be reduced—

(a)by 40% by the end of the first 3 years after the permit is granted; and

(b)by a further 50% of the remaining area of the permit by the end of the first 5 years after the permit is granted; and

(c)each time the permit is renewed—

(i)by a further 40% of the remaining area of the permit by the end of the first 3 years after the day the renewed permit started; and

(ii)by a further 50% of the remaining area of the permit by the end of the first 5 years after the day the renewed permit started.

Note—

See section 147D.

(2)The area remaining after the reduction must consist of whole sub-blocks.

Note—

See, however, section 10AAB(3) if land in the exploration permit is taken under a resumption law.

(3)If the Minister so directs on reasonable grounds, the reduction of the area of a particular exploration permit may be more or less than that prescribed by subsection (1).

(4)At least 20 business days (or such shorter period as the Minister in the particular case allows) prior to the date when, pursuant to subsection (1), the area of an exploration permit is to be reduced, the holder of the permit shall make a submission to the chief executive identifying the sub-blocks of land to which the holder desires the exploration permit to apply after that reduction.

Note—

For other relevant provisions about making a submission, see section 386O.

(5)If a submission made in accordance with subsection (4) proposes a reduction of the area of the exploration permit and the reduction complies with subsection (1), then on and from the date when the area is to be reduced, the exploration permit shall apply only in respect of the land specified in the submission.

(6)If a submission that is made for the purposes of subsection (4) is not made in accordance with subsection (4) or does not comply with subsection (1), then the Minister may determine as the Minister considers reasonable that an exploration permit shall apply on and from the date of the Minister’s determination or the date when pursuant to subsection (1) the reduction should take effect, whichever is the later in respect of land specified in the Minister’s determination, and on and from that date the exploration permit shall apply only in respect of that land.

(7)If the holder of an exploration permit fails to make a submission in accordance with subsection (4) the Minister may proceed as provided in subsection (6) or may cancel the exploration permit.

(8)Compensation is not payable for a reduction in the area of an exploration permit under this section.

s 139 amd 1995 No. 21 s 39; 2000 No. 64 s 99; 2005 No. 8 s 14; 2012 No. 20 ss 55, 173, 125 sch 1, 281 sch 2

140Voluntary reduction in area of exploration permit

(1)In addition to the requirement under section 139 to reduce the area of an exploration permit, the holder of the permit may, at any time during its term, make a submission to the chief executive—

(a)voluntarily reducing the area of the permit; and

(b)identifying the sub-blocks of land to which the holder no longer wants the permit to apply.

(2)The area remaining after the reduction must consist of whole sub-blocks.

Note—

See, however, section 10AAB(3) if land in the exploration permit is taken under a resumption law.

(3)The Minister may approve the reduction, with or without conditions, or refuse the reduction.

(4)If the Minister approves the reduction, the Minister must give the holder a written notice stating—

(a)the reduction is approved; and

(b)the date of the approval; and

(c)if the Minister decides to approve the reduction on conditions—the conditions and reasons for the decision.

(5)If the Minister refuses the reduction, the Minister must give the holder a written notice stating the reasons for the decision.

(6)The reduction takes effect on the date it is approved.

(7)Compensation is not payable for the reduction.

s 140 ins 1995 No. 21 s 40

amd 2000 No. 64 s 100

sub 2005 No. 8 s 15

amd 2012 No. 20 ss 56, 125 sch 1, 281 sch 2

om 2014 No. 47 s 482

141Conditions of exploration permit

(1)Each exploration permit shall be subject to—

(aa)a condition that the holder must—

(i)comply with the mandatory provisions of the land access code and the small scale mining code to the extent the codes apply to the holder; and

(ii)ensure any other person carrying out an authorised activity for the exploration permit complies with the mandatory provisions of the land access code and the small scale mining code; and

(a)a condition that the holder shall carry out such programs of work and such studies for the purposes for which the exploration permit was granted and in accordance with this Act and the conditions of the exploration permit and for no other purpose; and

(b)a condition that the holder must carry out improvement restoration for the exploration permit; and

(c)a condition that the holder prior to the termination for whatever cause of the exploration permit shall remove all equipment and plant on or in the area of the exploration permit unless otherwise authorised by the Minister; and

(d)a condition that without the prior approval in writing of the Minister the holder shall not obstruct or interfere with any right of access had at any time during the term of the exploration permit by any person in respect of the area of the exploration permit for so long as that right of access is exercised; and

(e)a condition that the holder must give the Minister, in the way prescribed by regulation, the reports, returns, documents and statements required to be given to the Minister under a regulation; and

(f)a condition that the holder must, when the Minister directs, give to the Minister a report—

(i)about the exploration permit, that is in addition to any report mentioned in paragraph (e); and

(ii)about materials obtained because of the holder’s activities under the exploration permit; and

Note—

For other relevant provisions about giving a document to the Minister, see section 386O.

(g)a condition that the holder—

(i)shall pay the rental as prescribed; and

(ii)shall deposit as required by the Minister any security from time to time under this Act; and

(h)a condition that the holder shall comply with this Act and other mining legislation; and

(i)such other conditions as are prescribed; and

(j)such other conditions as are determined by the Minister.

(4)The holder of an exploration permit and all persons acting under the authority of the permit shall comply with the conditions for the time being of the permit.

(5)Conditions may be imposed in respect of an exploration permit that require compliance with specified codes.

(6)Despite subsections (1) and (5), a condition must not be determined, imposed, prescribed or varied if the condition, or the condition as varied, is the same, or substantially the same, or inconsistent with, a relevant environmental condition for the exploration permit.

s 141 amd 1990 No. 30 s 13; 1995 No. 21 s 41; 2000 No. 64 ss 101, 174 sch; 2005 No. 8 s 16; 2006 No. 59 s 49; 2008 No. 33 s 88; 2008 No. 56 s 34; 2010 No. 31 s 452; 2012 No. 20 ss 174, 125 sch 1, s 281 sch 2 (amd 2013 No. 10 s 158 (1)); 2013 No. 10 s 109; 2014 No. 40 s 114; 2014 No. 47 s 483; 2018 No. 24 s 91

141AA Additional conditions of exploration permit relating to native title

(1)Conditions determined for an exploration permit by the Minister under section 141(1)(j) may include native title protection conditions for the permit.

(2)Subsection (1) does not limit section 141(1)(j).

(3)In this section—

native title protection conditions, for an exploration permit, means conditions that—

(a)are about ways of minimising the impact of the permit on native title in relation to the land affected by the permit, including ways of accessing the land and ways anything authorised under the permit may be done; and

(b)are identified in the permit as native title protection conditions for the permit.

s 141AA ins 2003 No. 10 s 33

141BOther agreement conditions

(1)This section applies if—

(a)a registered indigenous land use agreement under the Commonwealth Native Title Act, or an agreement mentioned in section 31(1)(b) of the Commonwealth Native Title Act, provides for the grant, renewal or variation of, or another act concerning, an exploration permit; and

(b)the State is a party to the agreement; and

(c)the agreement includes a requirement that, if the act is done, the exploration permit must be subject to conditions stated in the agreement (the stated conditions); and

(d)the act is done.

(2)The exploration permit is subject to the stated conditions.

s 141B ins 1999 No. 35 s 26

amd 2000 No. 36 s 18 sch 1

141CApplication to vary conditions of existing permit

(1)The holder of an exploration permit (the existing permit) may apply to the Minister for a variation of the conditions of the existing permit.

(2)The provisions of this chapter apply, with necessary changes, to an application under subsection (1) as if it were an application under section 133.

(3)Without limiting subsection (2), in deciding the application, the Minister may—

(a)vary the conditions of the existing permit by imposing conditions under section 141(1)(j) in addition to any conditions that apply under the existing permit; and

(b)fix an amount of security to be deposited under section 144 in addition to any security for the existing permit.

(4)Subsections (2) and (3) apply in relation to an exploration permit for coal despite section 130A.

(5)The chief executive must record in the register the details of any varied conditions applying to the existing permit, including any conditions imposed as mentioned in subsection (3)(a).

s 141C ins 1999 No. 35 s 26

amd 2000 No. 64 s 174 sch; 2008 No. 56 s 35; 2012 No. 20 s 281 sch 2; 2013 No. 10 s 53; 2012 No. 20 s 323 sch 3; 2018 No. 24 s 92

144Provision of security

(1)Before an exploration permit is granted or renewed or a condition of the permit is varied, the Minister, taking into consideration the program of work, or activities, proposed to be carried out under the permit, must determine the amount of the security to be deposited by the holder of that permit as reasonable security for—

(a)compliance with the conditions of the exploration permit; and

(b)compliance with the provisions of this Act; and

(c)rectification of any actual damage that may be caused by any person whilst purporting to act under the authority of the exploration permit to pre-existing improvements for the exploration permit; and

(d)amounts (other than penalties) payable to the State under this Act.

(2)A person who holds more than 1 exploration permit may elect to deposit a single amount of security for all exploration permits held by the person.

(3)The Minister is to decide the amount of security to be deposited under subsection (2).

(4)An exploration permit must not be granted or renewed, and a condition of an exploration permit must not be varied, until the applicant for the grant, renewal or variation deposits the security decided under this section.

(5)If the Minister is satisfied—

(a)a condition of an exploration permit has not been complied with; or

(b)a provision of this Act has not been complied with in relation to an exploration permit; or

(c)someone claiming to act under an exploration permit, or to have entered land on the permit holder’s instructions, caused damage mentioned in subsection (1)(c);

the Minister may require the permit holder to take the steps necessary to stop the noncompliance or repair the damage.

(6)Also, the Minister may use any of the security deposited by the holder to stop the noncompliance or repair the damage.

(7)Subsections (5) and (6) do not apply if the holder satisfies the Minister that the person responsible for the noncompliance or damage was not on the land with the holder’s approval or on the holder’s instructions when the noncompliance or damage happened.

(8)If, at any time (whether during or within 20 business days after the expiration of the term of an exploration permit) the amount or any part of the amount deposited under this section is utilised as provided by subsection (5) or (6) or the Minister considers that, in view of the damage caused or likely to be caused by any person purporting to act under the authority of the exploration permit or upon the instruction of the holder or for any other reason, a further amount of security should be deposited in respect of that exploration permit, the Minister shall require the holder or former holder of the exploration permit, within the time specified by the Minister, to deposit the further specified security.

(9)The Minister may accept a bond or a guarantee or indemnity by, or other financial arrangement with, a financial institution, insurance company or another credit provider approved by the Minister or other form of security acceptable to the Minister as the whole or part of the security to be deposited under this section.

(10)It shall be a condition of an exploration permit that the holder shall deposit security or further security from time to time in accordance with a requirement made as provided by this section.

(11)Subject to subsections (13) and (14), if an exploration permit terminates, the Minister may, not earlier than 6 months after the termination, refund to the permit holder the amount of security deposited for the permit and not used after deducting the amounts the Minister considers should be kept towards—

(a)remedying anything caused by noncompliance with the conditions of the permit or an order or direction given by the Minister to the permit holder; and

(b)amounts (other than penalties) the holder owes to the State under this Act (whether they become owing before or after the termination).

(12)If the Minister accepts a bond, guarantee or indemnity by, or another financial arrangement with, a financial institution, insurance company or credit provider as security under this section, any amount payable to the holder under subsection (11) must be refunded to the financial institution, insurance company or credit provider and not to the holder of the exploration permit to which the security relates.

(13)Subsection (11) does not apply to a person who elects to deposit security for all exploration permits held by the person if the person continues to hold an exploration permit for which the security is held.

(14)However, the Minister may, at the person’s written request, reduce the amount of security held for the person’s exploration permits to an amount decided by the Minister.

(15)If the security deposited was money, an amount equal to the reduction is to be refunded to the person or in accordance with any written direction the holder gives to the chief executive.

s 144 amd 1995 No. 21 s 43; 1997 No. 17 s 74 sch; 1999 No. 35 s 27; 2000 No. 64 ss 103, 174 sch; 2005 No. 8 s 17; 2013 No. 10 s 193 sch 1

146Initial term of exploration permit

(1)Unless the Minister in the particular case otherwise determines the initial term of an exploration permit shall, unless the permit is sooner surrendered or cancelled, be for a period not exceeding 5 years commencing on the date specified in the permit (being a date not earlier than the date of grant of the permit).

(2)However, the initial term of an exploration permit granted in response to a call for EP (coal) tenders or EP (non-coal tenders) must be for the required period for the proposed program of work for the permit.

(3)In this section—

required period, for the proposed program of work for an exploration permit granted in response to a call for EP (coal) tenders or EP (non-coal tenders), means the period that the call states is the period for which the program must apply.

s 146 amd 2013 No. 10 s 54

147Application for renewal of exploration permit

(1)The holder of an exploration permit may, within the renewal period, apply to the chief executive for a renewal of the permit.

(2)The application must be—

(a)made in the approved form; and

(b)accompanied by the fee prescribed under a regulation; and

(c)accompanied by a statement—

(i)describing the program of work proposed to be carried out under the authority of the exploration permit, if renewed; and

(ii)detailing the estimated human, technical and financial resources to be used to carry out the exploration work during each year of the term of the exploration permit, if renewed; and

(iii)detailing the applicant’s financial and technical resources for carrying out the exploration work.

(3)In this section—

renewal period means the period that is—

(a)at least 3 months, or any shorter period allowed by the Minister in the particular case, before the current term of the permit expires; and

(b)not more than 6 months before the current term expires.

s 147 amd 1995 No. 21 s 3 sch; 1999 No. 35 s 28; 2000 No. 64 ss 104, 174 sch

sub 2005 No. 8 s 18

amd 2008 No. 33 s 89

147ADecision on application

(1)The Minister may renew an exploration permit if the Minister is satisfied of each of the following—

(a)the holder of the permit has—

(i)observed and performed all the covenants and conditions applying to the permit and required to be observed and performed by the holder; and

(ii)complied with this Act in relation to the permit;

(b)the activities proposed to be carried out during the renewed term are appropriate and acceptable;

(c)the financial and technical resources available to the holder to carry out the proposed activities during the renewed term are appropriate;

(d)the public interest will not be adversely affected by the renewal.

(2)The renewal may be granted for the further term of not more than 5 years decided by the Minister.

(3)The renewed permit is subject to—

(a)any conditions prescribed under a regulation; and

(b)any conditions decided by the Minister.

(4)The Minister may refuse to renew the permit if the Minister—

(a)has served on the holder a notice in the approved form asking the holder to show cause, within the period stated in the notice, why the renewal should not be refused; and

(b)after considering the holder’s response, is satisfied the renewal should be refused.

(5)As soon as practicable after deciding the application for the renewal, the Minister must give the holder a written notice stating—

(a)the decision; and

(b)if the decision is to grant the renewal on conditions, or to refuse the renewal, the reasons for the decision.

s 147A ins 2005 No. 8 s 18

147CContinuation of permit while application being dealt with

(1)This section applies to an application for renewal of an exploration permit if—

(a)the application is not withdrawn, refused or granted before the permit’s expiry day ends; and

(b)after the expiry day, the holder—

(i)continues to pay rental on the permit and other amounts required to be paid under this Act; and

(ii)otherwise complies with this Act and the permit conditions.

(2)If the application is a properly made application, the permit continues in force subject to the rights, entitlements and obligations in effect immediately before the end of the expiry day until the application is withdrawn, refused or granted.

(3)If the application is an outstanding request application, the permit continues in force subject to the rights, entitlements and obligations in effect immediately before the end of the expiry day until either of the following days, whichever happens first—

(a)the application is withdrawn;

(b)the period in which the action that must be taken under section 386K(1) ends.

(4)In this section—

outstanding request application, for renewal of an exploration permit, means an application—

(a)that complies with section 147(2)(a) and (b), but does not comply with all or part of section 147(2)(c); and

(b)for which—

(i)the chief executive has given a notice under section 386J(1); and

(ii)the period to comply with the notice under section 386K(1) ends after the permit expiry day; and

(iii)the notice has not been complied with.

properly made application, for renewal of an exploration permit, means an application that complies with all of section 147(2).

s 147C ins 2005 No. 8 s 18

sub 2008 No. 56 s 38

amd 2012 No. 20 s 176

147DWhen term of renewed permit starts

(1)If an exploration permit is renewed before its expiry day ends, the term of the renewed permit starts on the day after the expiry day.

(2)If the permit is renewed after the expiry day, the term of the renewed permit is taken to have started on the day after the expiry day.

s 147D ins 2005 No. 8 s 18

147EWhen new conditions of renewed permit start

(1)If a renewed exploration permit is subject to conditions (the new conditions) different from, or not included in, the permit conditions applying immediately before its renewal, the new conditions apply from the later of the following—

(a)the start of the term of the renewed permit;

(b)the day the renewal is granted.

(2)However, if the permit is continued in force under section 147C, the holder must pay rental on the permit from the day after its expiry day at the rate that would have been payable, from time to time, if the renewed exploration permit had been renewed on the day after the expiry day.

(3)Subsection (2) applies even though payment of rental may be a condition of the permit.

(4)If the application for renewal of the permit is withdrawn or is refused, the chief executive must refund the overpaid rental to the applicant.

(5)In this section—

overpaid rental means the annual rental overpaid because of the withdrawal or refusal, worked out proportionately for the whole months remaining after the withdrawal or refusal until the end of the year for which the rental was paid.

s 147E ins 2005 No. 8 s 18

147FRenewal of permit must be in name of last recorded transferee

(1)This section applies if a transfer of an exploration permit is registered under the Common Provisions Act—

(a)after the date on which an application for renewal of the permit is made; and

(b)before the application is decided by the Minister.

(2)Any renewal granted on the application must be in the name of the transferee under the last transfer registered before the grant of the renewal.

s 147F ins 2005 No. 8 s 18

amd 2012 No. 20 s 177; 2014 No. 47 s 355

148Rights and obligations upon application for mining claim, mining lease or mineral development licence

(1)The holder of an exploration permit who, during the term of the exploration permit, makes application for the grant of—

(a)a mining claim; or

(b)a mining lease; or

(c)a mineral development licence;

in respect of any part of the area of the exploration permit, shall, during the period from the expiration of the exploration permit until the determination of the application, for so long as the provisions of this Act and the terms and conditions that would apply if the permit were current are complied with, have all the responsibilities, powers, authorities and duties that the holder would have had in respect of the land the subject of the application if the exploration permit was current but during that period no rental shall be payable under this part in respect of any whole sub-blocks of land the subject of the application.

(2)The entitlements of the holder of an exploration permit are not reduced or limited by reason only of the holder’s application for the grant of a mining claim, mining lease or mineral development licence in respect of any part of the area of the exploration permit.

s 148 amd 2012 No. 20 s 125 sch 1, s 323 sch 3; 2013 No. 10 s 110

160Contravention by holder of exploration permit

(1)If the Minister considers that the holder of an exploration permit—

(a)has carried out activities that are not bona fide for the purposes for which the exploration permit was granted; or

(b)has failed to pay any moneys (other than rental) payable thereunder or in respect thereof by the due date for payment; or

(c)has failed to comply with any condition that is to be observed and performed by the holder under or in respect of the exploration permit, other than a condition with respect to matters referred to in subsection (2)(a) or (b); or

(d)has failed to report to the Minister upon the discovery of any mineral as required by section 176;

the Minister may—

(e)cancel the exploration permit; or

(f)impose on the holder a penalty not exceeding 500 penalty units.

(2)If the Minister considers that the holder of an exploration permit—

(a)has failed to pay the rental payable thereunder by the date due for payment; or

(b)has failed to pay a penalty imposed on the holder pursuant to subsection (1)(f) within the time allowed for the payment by the Minister;

the Minister may cancel the exploration permit and shall notify the holder of the exploration permit and every person who currently holds a recorded interest in respect of the exploration permit accordingly.

(3)The Minister shall not act pursuant to subsection (1) until the Minister has, by notice in writing in the approved form served on the holder of the exploration permit, called upon the holder to show cause within the time specified therein why the exploration permit should not be cancelled or a penalty imposed and served a copy of the notice on every person who currently holds a recorded interest in the exploration permit and such cause has not been shown to the satisfaction of the Minister.

(4)When the Minister pursuant to this section cancels an exploration permit the Minister shall notify the holder and every person who holds a recorded interest in the exploration permit accordingly.

(5)For the purposes of this section a recorded interest in an exploration permit does not include an associated agreement recorded in the register under the Common Provisions Act.

s 160 amd 1995 No. 21 s 3 sch; 2000 No. 64 ss 107, 174 sch; 2012 No. 20 ss 179, 281 sch 2, s 323 sch 3; 2014 No. 47 s 356

161Surrender of exploration permit

(1)The holder of an exploration permit may, by notice in writing to the chief executive, surrender the permit.

(3)A surrender of an exploration permit shall take effect on the day next following its acceptance by the Minister except in respect of sub-blocks the subject of an application for a new exploration permit made under subsection (4).

(4)Where, at the time when the holder of an exploration permit purports to surrender the permit, the holder duly makes application for a new exploration permit in respect of the whole or part of the area of the exploration permit to be surrendered, the purported surrender shall take effect immediately prior to the grant of the new exploration permit.

(5)The Minister may accept a surrender of an exploration permit only if the Minister is satisfied—

(a)the holder has complied with the condition to carry out improvement restoration for the permit; and

(b)any relevant environmental authority has been cancelled or surrendered under the Environmental Protection Act.

(6)If the Minister is not satisfied the holder has complied with the condition, the Minister may, by written notice, give the holder reasonable directions about carrying out improvement restoration for the exploration permit.

(7)The holder must comply with the directions.

Maximum penalty for subsection (7)—200 penalty units.

s 161 amd 1995 No. 21 s 46; 2000 No. 64 s 108; 2012 No. 20 s 125 sch 1, s 281 sch 2; 2012 No. 16 s 78 sch; 2013 No. 10 s 111

162Adjustment of rental etc. upon surrender etc. of exploration permit

(1)Upon a surrender of an exploration permit or the reduction in the area of the permit such adjustments as the Minister approves shall be made with respect to the rental payable under the exploration permit and security deposited and to the terms and conditions of the permit.

(2)Any moneys payable to the Crown under the adjustments approved by the Minister pursuant to subsection (1) which have not been recovered by utilisation of the security deposit may be recovered as a debt due and owing to the Crown by action in the Land Court.

(3)In an action under subsection (2) for recovery of a debt due to the Crown, the production to the Land Court of a certificate by the chief executive certifying the amount of that debt shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the debt and the amount thereof.

s 162 amd 1999 No. 7 s 87 sch 3; 2007 No. 39 s 41 sch; 2012 No. 20 s 125 sch 1

163Access and compensation provisions

The Common Provisions Act, chapter 3 contains provisions about access, compensation and related matters for exploration permits.

s 163 amd 1990 No. 30 s 17

sub 1995 No. 21 s 47

amd 1997 No. 14 s 8; 2005 No. 8 s 2

sub 2010 No. 31 s 454; 2014 No. 47 s 375

166Improvement restoration for exploration permit

(1)This section applies on the termination of an exploration permit, other than—

(a)by surrender under section 161; or

(b)for the granting of a new exploration permit, a mining claim, a mineral development licence or a mining lease over the area of the terminated permit.

(2)If the Minister is not satisfied the holder has satisfactorily complied with the condition to carry out improvement restoration for the exploration permit, the Minister may, by written notice, give the holder reasonable directions about carrying out the restoration.

(3)The holder must comply with the directions.

Maximum penalty—200 penalty units.

(4)The holder and the holder’s employees or agents may, to the extent reasonable and necessary to comply with the directions—

(a)enter land stated in the notice; and

(b)bring on to the land vehicles, vessels, machinery and equipment.

s 166 ins 1995 No. 21 s 48

amd 2000 No. 64 ss 110, 174 sch; 2012 No. 20 s 125 sch 1; 2013 No. 10 s 112

167Producing exploration permit

(1)This section applies if—

(a)a person purports to enter or be on land under the authority of an exploration permit; and

(b)the owner of the land, or an agent of the owner, asks the person for proof of the person’s authority to enter or be on the land.

(2)The person must produce the exploration permit, or a copy of the permit, to the owner or agent.

(3)If the person fails to comply with subsection (2), the person does not have any entitlements under this chapter during the period of the person’s noncompliance.

(4)This section does not prevent a person entering or being on land to deliver goods or substances or provide services related to the purpose for which an exploration permit is granted to a person who is lawfully on the land under this chapter.

(5)In this section—

copy, of an exploration permit, includes an extract from the register of the details of the permit recorded in the register.

s 167 amd 2012 No. 20 s 323 sch 3

sub 2018 No. 24 s 94

168Utilisation of security deposit towards subsequent exploration permit

Where the holder of an exploration permit makes application for a further exploration permit, the Minister, if satisfied that the whole or part of the security deposited in respect of the existing permit is or will be refundable under section 144, notwithstanding that the period of 6 months after the termination of that permit may not have elapsed, may retain that security or part thereof (together with any further security fixed by the Minister) as the security (in which case it shall be taken to be or to be part of the security) deposited by the applicant in respect of the application for the further exploration permit and not refund that amount to the holder.

175Chief executive may recommend action to ease concerns or other action

(1)If the chief executive considers an exploration permit holder should take action to ease concerns of an owner of land or another exploration permit holder, or should take some other action, the chief executive may recommend the action to the Minister.

(2)The Minister may give the exploration permit holder the directions the Minister considers appropriate about the recommended action.

(3)A failure by the holder to comply with the Minister’s directions is taken to be a breach of a condition of the exploration permit.

(4)If the Minister gives a direction under subsection (2), the chief executive must give a copy to—

(a)if the recommended action under subsection (1) relates only to native title protection conditions under section 141AA—any person identified in the conditions as a native title party; or

(b)if the recommended action under subsection (1) relates only partly to the native title protection conditions—

(i)any person identified in the conditions as a native title party; and

(ii)the owner of the land; or

(c)otherwise—the owner of the land.

(5)If the recommended action under subsection (1) is action to ease concerns of an owner of land or another exploration permit holder, the chief executive must give the land’s owner and the exploration permit holder written notice of—

(a)the substance of any recommendation made to the Minister under subsection (1) or, if the chief executive decides not to make a recommendation, the chief executive’s decision; and

(b)any other action the chief executive has taken to ease the concerns of the owner or exploration permit holder.

s 175 ins 1995 No. 21 s 49

amd 2003 No. 77 s 99; 2013 No. 10 s 193 sch 1

176Discovery of minerals to be reported

(1)The holder of an exploration permit shall, within 14 days after discovery of any mineral of commercial value in what appears to be payable quantities within the area specified in the exploration permit by any person acting under the authority of the exploration permit, report to the Minister the fact of that discovery and such other particulars as the Minister requires.

(2)The Minister may direct the holder of an exploration permit to apply for a mining claim, mineral development licence or mining lease over all or part of the land specified in the exploration permit as the Minister directs in respect of any mineral discovered.

(3)If the holder of an exploration permit to whom a notice under subsection (2) is given does not apply for a mining claim, mineral development licence or a mining lease as directed within the specified time, the Minister may in the Minister’s discretion cancel the exploration permit.

(4)Any refund of moneys held in respect of an exploration permit that is cancelled pursuant to subsection (3) (including any security deposited) shall be at the Minister’s discretion.

s 176 amd 2013 No. 10 s 113

176AApplication to add excluded land to existing permit

(1)The holder of an exploration permit (the existing permit) may apply to the Minister to add excluded land to the existing permit.

(2)The provisions of this chapter apply, with necessary changes, to an application under subsection (1) as if it were an application under section 133.

(3)Without limiting subsection (2), in deciding the application, the Minister may—

(a)impose conditions under section 141(1)(j) in addition to any conditions that apply under the existing permit; and

(b)fix an amount of security to be deposited under section 144 in addition to any security for the existing permit.

(4)On the granting of the application, the excluded land is included in the existing permit.

(5)In this section—

excluded land means land that was the subject of a specific exclusion when the existing permit was granted or that was taken to be excluded under section 132.

s 176A ins 1999 No. 35 s 299

amd 2000 No. 64 s 174 sch; 2012 No. 20 s 323 sch 3

177Reduction of area of exploration permit upon grant of mining claim, mineral development licence or mining lease

Upon the grant of a mining claim, mineral development licence or mining lease consequent upon an application made by the holder of an exploration permit granted in respect of the same area for the same mineral (whether or not at the direction of the Minister) or by an eligible person with the consent of the holder, the area of the exploration permit shall be reduced accordingly and the terms and conditions applying to the exploration permit may be varied as the Minister directs.

s 177 amd 2012 No. 20 s 125 sch 1; 2013 No. 10 s 114

178Discovery etc. of mineral does not vest property

A person who whilst acting under the authority of an exploration permit discovers or takes any mineral does not thereby acquire property therein and shall not dispose of any such mineral except with the consent of the Minister whose consent may be subject to such terms and conditions as the Minister thinks fit (including prescribed conditions as to the payment of royalties).

178A Activity report for exploration permit

A regulation may—

(a)require a holder of an exploration permit to give the Minister a report (an activity report) about the activities carried out under the permit; and

(b)prescribe the following for the activity report—

(i)when the report is to be given;

(ii)the information to be contained in the report.

s 178A ins 2018 No. 24 s 95

178B Partial relinquishment report for exploration permit

A regulation may—

(a)require a holder of an exploration permit to give the Minister a report (a partial relinquishment report) about a reduction in the area of the permit; and

(b)prescribe the following for the partial relinquishment report—

(i)when the report is to be given;

(ii)the information to be contained in the report.

s 178B ins 2018 No. 24 s 95

178C Final report for exploration permit

A regulation may—

(a)require a holder of an exploration permit to give the Minister a report (a final report) summarising the results of exploration carried out under the permit during the whole of its term; and

(b)prescribe the following for the final report—

(i)when the report is to be given;

(ii)the information to be contained in the report.

s 178C ins 2018 No. 24 s 95

ch hdg (prev pt 6 hdg) sub 2012 No. 20 s 291

pt hdg ins 2012 No. 20 s 291

179Mineral development licence

Unless otherwise approved by the Minister pursuant to section 226(3), a mineral development licence in respect of a mineral occurrence may be applied for by an eligible person in respect of land which, at the time the application for the grant is made, is in the area of—

(a)an exploration permit; or

(b)a mineral development licence;

in respect of the same mineral of which the applicant or, where more than 1 person is the applicant, at least 1 of them is, with or without others, the holder.

s 179 amd 2012 No. 20 s 125 sch 1

180Only eligible persons to hold mineral development licences

A mineral development licence shall not be held by a person who is not an eligible person.

181Obligations and entitlement under mineral development licence

(1)During the currency of a mineral development licence, the holder shall carry out or cause to be carried out such activities as are specified in the licence by the Minister.

(2)The Minister may specify in a mineral development licence that no activity need be carried out for the term of the licence or for such period as is specified therein.

(3)Without in any way limiting the activities that the Minister may specify in a mineral development licence, activities leading to the evaluation and economic development of an ore body by or on behalf of the holder may include—

(a)geological, geophysical and geochemical programs and other works as are reasonably necessary to evaluate the potential for development of any mineral occurrence of possible economic potential occurring in or on the area of the mineral development licence; and

(b)mining feasibility studies; and

(c)metallurgical testing; and

(d)environmental studies; and

(e)marketing studies; and

(f)engineering and design studies; and

(g)such other activities as the Minister considers appropriate.

(4)During the currency of a mineral development licence—

(a)the holder—

(i)may carry out or cause to be carried out any activities (including activities referred to in subsection (2)) as are appropriate for the purpose for which the licence is granted; and

(ii)may, in relation to the area of the mineral development licence, do all such things as are authorised or were authorised, at the time of the application for the mineral development licence, under the relevant exploration permit then held by the applicant for the mineral development licence; and

(iii)may carry out or cause to be carried out the plugging and abandoning, or otherwise remediating, of a legacy borehole and rehabilitating of the surrounding area in compliance with the requirements prescribed under a regulation; and

(b)the holder and any person who acts for the purpose of carrying out any activity authorised by the mineral development licence with or by such vehicles, vessels, machinery and equipment as may be necessary or expedient for the purpose may, in compliance with the Common Provisions Act, chapter 3, enter any part of the area of the mineral development licence for any purpose permitted or required under the licence or by this Act; and

(c)the holder of the mineral development licence, subject to compliance with this Act, may have considered for grant, in priority to all other persons, any number of mineral development licences and mining leases relating to any minerals specified in the mineral development licence in respect of any land in the area of the mineral development licence and may enter that land for the purpose of doing all acts necessary to comply with this Act relating to an application therefor.

(12)The holder of a mineral development licence, and each person who enters or is upon land under the authority of the licence, shall comply with the terms and conditions upon which any consent required to be given under this Act in respect thereof was given by the owner of that land.

(18)For the purposes of exercising entitlements under this part a person who enters or is upon land under the authority of a mineral development licence may stay at night thereon and for that purpose may set up temporary accommodation thereon.

(19)During the currency of a mineral development licence, the rights of the holder of the licence relate, and are taken to have always related, to the whole of the area of the licence.

s 181 amd 1990 No. 30 s 19; 1995 No. 21 ss 50, 3 sch; 2000 No. 64 s 111; 2008 No. 33 s 91; 2012 No. 20 s 125 sch 1; 2014 No. 47 s 400; 2014 No. 47 ss 376, 422

182Land is excluded from area of mineral development licence if covered by other authority under Act

(1)This section applies if—

(a)the chief executive accepts lodgement of an application for a mineral development licence for particular land; and

(b)all or some of the land applied for in the accepted application is—

(i)in the area of an existing mining claim or mining lease; or

(ii)land applied for in an earlier application for a mining claim or mining lease.

(2)Land mentioned in subsection (1)(b) that is within the boundaries of the land applied for in the accepted application, and its surface, (excluded land) is taken to be excluded from the area of a mineral development licence granted for the land applied for in the accepted application.

(3)However, the land is excluded land—

(a)if subsection (1)(b)(i) applies—only while it is in the area of an existing mining claim or mining lease; or

(b)if subsection (1)(b)(ii) applies—

(i)until the earlier application is abandoned or rejected; or

(ii)while it is in the area of a mining claim or mining lease granted on the earlier application.

(4)If excluded land within the boundaries of the area of the mineral development licence ceases to be excluded land, it is taken to be included in the area of the mineral development licence unless the mineral development licence provides otherwise.

s 182 ins 1995 No. 21 s 51

amd 1999 No. 35 s 30; 2012 No. 20 s 125 sch 1; 2013 No. 10 s 193 sch 1; 2014 No. 47 s 471

183Application for mineral development licence

(1)An application for the grant of a mineral development licence must—

(a)be in the approved form; and

(b)specify the name of each applicant; and

(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; and

(d)describe all parcels of land the whole or part of which are applied for in the application and specify the current use of the land and the names and addresses of the owner or owners of the land and of land which is to be used as access thereto; and

(e)define the boundary of the area of the proposed mineral development licence; and

Note—

Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.

(f)specify the mineral or minerals in respect of which the mineral development licence is sought; and

(g)give reasons why the mineral development licence should be granted in respect of the area and shape of the land described in the application; and

(h)define the boundary of any area of land outside the area of the proposed mineral development licence intended to be used to access the surface area of the land proposed to be included in the proposed licence area; and

(i)be accompanied by a visual representation of the boundaries and land mentioned in paragraphs (e) and (h); and

(j)nominate the term of the mineral development licence sought and give reasons therefor; and

(k)be accompanied by the consent in writing of each person who alone or with others is the holder of the exploration permit or the mineral development licence in respect of the land and the mineral the subject of the application and is not the applicant; and

(l)be lodged with the chief executive; and

(m)be accompanied by a statement—

(i)giving a detailed description and technical particulars of the mineral occurrence for which the mineral development licence is sought together with any necessary supporting documents; and

(ii)stating any activities proposed to be carried out under the mineral development licence, including, for example, work programs, amounts to be spent and studies to be performed; and

(iii)stating the estimated human, technical and financial resources proposed to be committed to authorised activities for the mineral development licence during each year of the licence, if granted; and

(n)be accompanied by—

(i)a statement, separate from the statement mentioned in paragraph (m), detailing the applicant’s financial and technical resources; and

(ii)proof of the applicant’s identity; and

(iii)the application fee prescribed under a regulation.

(2)Only an eligible person may apply for a mineral development licence.

s 183 amd 1995 No. 21 ss 52, 3 sch; 1999 No. 35 s 31; 2000 No. 64 ss 112, 174 sch; 2007 No. 46 s 67; 2008 No. 56 s 40; 2012 No. 20 s 125 sch 1, s 281 sch 2; 2013 No. 10 s 193 sch 1; 2014 No. 47 s 423