Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

MINERAL RESOURCES ACT 1989


- As at 18 June 2024 
- Act 110 of 1989 

TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   PART 1 - INTRODUCTION

   1.      Short title
   2.      Objectives of Act

   PART 2 - APPLICATION OF ACT GENERALLY ETC.

   3.      Application of Act to Commonwealth land and coastal waters of the State
   3A.     Relationship with petroleum legislation
   3B.     Relationship with Geothermal Energy Act 2010 and Greenhouse Gas Storage Act 2009
   3BA.    Relationship with Common Provisions Act
   3BB.    Relationship with Nature Conservation Act 1992
   3C.     Declaration for Commonwealth Act
   4.      Effect of change of baseline

   PART 3 - RELATIONSHIP WITH PLANNING ACT

   4A.     Effect on development
   4B.     Notice to local government and chief executive (planning) of particular mining tenements

   PART 4 - INTERPRETATION

   5.      Definitions
   6.      Meaning of mineral
   6A.     Meaning of mine
   6B.     Meaning of prospect
   6C.     What is carrying out improvement restoration
   6D.     Types of authority under Act
   7.      When educational institution is an eligible person
   7A.     (Repealed)
   7B.     (Repealed)

   PART 5 - GENERAL PROVISIONS FOR MINERALS AND MINING TENEMENTS

   8.      Crown’s property in minerals
   9.      Exclusive right of Crown to grant mining leases etc. irrespective of ownership of mineral
   10.     Act does not create estates in land
   10AAA.  Extinguishing mining tenement interests on the taking of land in a mining tenement’s area (other than by an easement)
   10AAB.  Effect of extinguishment of mining tenement interests on the taking of land in a mining tenement’s area (other than by an easement)
   10AAC.  Applications relating to land taken under a resumption law for which mining tenement interests were extinguished
   10AAD.  Compensation for effect of taking of land in a mining tenement’s area on mining tenement interests
   10AA.   Joint holders of mining tenement
   10A.    Extension of certain entitlements to registered native title bodies corporate and registered native title claimants

   PART 6 - MINING DISTRICTS

   11.     Mining districts
   12.     (Repealed)

CHAPTER 2 - PROSPECTING PERMITS

   PART 1 - PROSPECTING PERMIT CATEGORIES AND ENTITLEMENTS

   13.     Definition for pt 1
   14.     Categories of prospecting permit
   15.     Area of land covered by parcel prospecting permit
   16.     Land excluded from prospecting permit
   17.     Prospecting permit to be granted to a single person
   18.     Entitlements under prospecting permit
   19.     Consent required to enter certain land
   20.     Provisions about consents to enter land

   PART 2 - OTHER PROVISIONS ABOUT PROSPECTING PERMITS

   21.     Application for prospecting permit
   22.     Reason for rejection of application to be given
   23.     (Repealed)
   24.     Grant of prospecting permit
   24A.    Details of prospecting permit to be recorded in register
   25.     Conditions of prospecting permit
   25AA.   Additional conditions of prospecting permit relating to native title
   25A.    Indigenous land use agreement conditions
   26.     Provision of security
   27.     Utilisation of security deposit towards subsequent prospecting permit
   28.     Compensation
   29.     Term of prospecting permit
   30.     Rights and obligations extended upon application for mining claim etc.
   31.     Chief executive to notify owners of occupied land of grant of parcel prospecting permit
   32.     Notice of entry under parcel prospecting permit
   33.     Prospecting permit not transferable
   34.     Report to chief executive by owner of land
   35.     (Repealed)
   36.     Cancellation of prospecting permit
   37.     Surrender of prospecting permit
   38.     Appeals about prospecting permits
   39.     How to start an appeal
   40.     Stay of operation of decisions
   41.     Hearing procedures
   42.     Powers of Land Court on appeal
   43.     Minerals taken become property of holder of prospecting permit
   44.     Royalties in respect of minerals taken under prospecting permit
   45.     (Repealed)
   46.     Producing prospecting permit
   47.     Staying on occupied land

CHAPTER 3 - MINING CLAIMS

   48.     Grant of mining claim
   49.     Only eligible persons to hold mining claims
   50.     Entitlements under mining claim
   51.     Land for which mining claim not to be granted
   52.     No mining claim in respect of coal
   53.     Area and shape of mining claim land
   54.     Mining claim over reserve only with consent
   55.     Restriction upon number of mining claims
   56.     (Repealed)
   57.     (Repealed)
   58.     (Repealed)
   59.     (Repealed)
   60.     (Repealed)
   61.     Application for grant of mining claim
   61A.    Rejection of application if applicant disqualified
   62.     (Repealed)
   63.     Priority of mining claim applications
   64.     Issue of mining claim notice
   64A.    Documents and other information to be given to affected persons
   64B.    Declaration of compliance with obligations
   64C.    Continuing obligation to notify
   64D.    (Repealed)
   65.     Chief executive may call conference in some cases
   66.     Who may attend conference
   67.     What happens if someone does not attend
   68.     Chief executive’s function at section 65 conference
   69.     Agreements and statements at section 65 conference
   70.     Land Court may award costs
   71.     Objection to application for grant of mining claim
   71A.    Objection may be withdrawn
   72.     Referral to Land Court of application and objections
   73.     Rejection of application for grant of mining claim for noncompliance
   74.     Grant of mining claim to which no objection is lodged
   75.     Referral to Land Court of application to which no objection lodged
   76.     Referral to Land Court of issue of reserve owner’s consent
   77.     Land Court hearing
   78.     Land Court’s determination on hearing
   79.     Consent to grant of mining claim over reserve by Governor in Council
   80.     Grant of mining claim at instruction of Land Court or with consent of Governor in Council
   81.     Conditions of mining claim
   81A.    (Repealed)
   81B.    Other agreement conditions
   82.     Variation of conditions of mining claim
   83.     Provision of security
   84.     Utilisation of security deposit towards subsequent mining claim
   85.     Compensation to be settled before grant or renewal of mining claim
   85A.    Minister may refuse to grant mining claim if compensation not determined
   86.     Appeal against Land Court’s determination upon compensation
   86A.    Security for costs of appeal
   87.     Public trustee may act in certain circumstances
   88.     (Repealed)
   89.     Reasons for rejection of application for grant of mining claim
   90.     (Repealed)
   91.     Initial term of mining claim
   92.     Mining claim may be specified it is not renewable
   93.     Renewal of mining claim
   93A.    Continuation of claim while application being dealt with
   93B.    When term of renewed claim starts
   93C.    When new conditions of renewed claim start
   93D.    Renewal of claim must be in name of last recorded transferee
   94.     Reasons for rejection of application for renewal of mining claim
   95.     Rental payable on mining claim
   96.     (Repealed)
   97.     (Repealed)
   98.     (Repealed)
   99.     (Repealed)
   100.    (Repealed)
   101.    (Repealed)
   102.    (Repealed)
   103.    (Repealed)
   104.    (Repealed)
   105.    Mining other minerals
   106.    Contravention by holder of mining claim
   107.    Surrender of mining claim
   108.    Abandonment of application for mining claim
   109.    Improvement restoration for mining claim
   110.    Use of machinery in mining claim area
   111.    Declaration of prohibited machinery in mining claim area
   112.    Minister may authorise use of prohibited machinery for purposes other than mining etc.
   113.    Prohibited machinery etc. not to be used on mining claim land
   114.    Minerals taken become property of holder of mining claim
   115.    Royalties in respect of minerals taken under mining claim
   116.    Appeals about mining claims
   117.    How to start an appeal
   118.    Stay of operation of decisions
   119.    Hearing procedures
   120.    Powers of Land Court on appeal
   121.    Effect of termination of mining claim
   122.    Application may be made for approval to remove mineral and property
   123.    Property remaining on former mining claim may be sold etc.
   124.    Approval for prospecting or exploring on reserve subject of mining claim application
   125.    Variation of access to mining claim area

CHAPTER 4 - EXPLORATION PERMITS

   PART 1 - PRELIMINARY

   126.    (Repealed)
   127.    Land subject to exploration permit
   128.    Only eligible persons to hold exploration permits
   129.    Entitlements under exploration permit
   130.    Exploration permit to specify minerals sought
   130AA.  Types of work program for term of exploration permit

   PART 2 - OBTAINING EXPLORATION PERMIT FOR A MINERAL OTHER THAN COAL

   130A.   Application of pt 2
   131.    Who may apply
   132.    Exclusion of land from area of exploration permit if subject to other authority under Act
   133.    Application for exploration permit
   133A.   Rejection of application if applicant disqualified
   134.    Application to be numbered
   134A.   Priority of applications for grant of exploration permit
   135.    Abandonment of application for exploration permit
   136.    Grant of exploration permit on application
   136A.   Obtaining exploration permit by competitive tender

   PART 3 - OBTAINING EXPLORATION PERMIT FOR COAL

           Division 1 - Preliminary

   136B.   Application and operation of pt 3

           Division 2 - Competitive tenders

   136C.   Call for tenders
   136D.   Right to tender
   136E.   Requirements for making tender
   136EA.  Rejection of tender if tenderer disqualified
   136F.   Right to terminate call for tenders
   136G.   Amendment of tender
   136H.   Withdrawal of tender

           Division 3 - Deciding tenders

   136I.   Process for deciding tenders
   136J.   Provisions for preferred tenderers
   136K.   Deciding whether to grant exploration permit
   136L.   Notice to unsuccessful tenderers

           Division 4 - Obtaining exploration permit following surrender

   136M.   Application for exploration permit for surrendered exploration permits
   136N.   Grant of exploration permit for surrendered exploration permits

           Division 5 - Obtaining exploration permit for coal other than by competitive tender

   136O.   Definitions for division
   136P.   Meaning of coal mining project and project land
   136Q.   Who may apply
   136R.   Application
   136S.   Deciding application
   136T.   Withdrawing application

   PART 4 - OTHER PROVISIONS ABOUT EXPLORATION PERMITS

   137.    Prescribed criteria for grant of exploration permit
   137AA.  Area of exploration permit does not include particular land
   137AB.  Minister’s power to decide excluded land
   137A.   Details of exploration permit to be recorded in register
   138.    Rental payable on exploration permit
   139.    Periodic reduction in area of exploration permit
   139A.   Periodic reduction deferred if higher tenure application undecided
   140.    Voluntary reduction in area of exploration permit
   140A.   (Repealed)
   141.    Conditions of exploration permit
   141A.   Amendment of conditions by Minister if exceptional event
   141AA.  Additional conditions of exploration permit relating to native title
   141A.   (Repealed)
   141B.   Other agreement conditions
   141BA.  Power to impose or amend condition if changed holder of exploration permit
   141C.   Application to vary conditions of existing permit
   142.    (Repealed)
   143.    (Repealed)
   144.    Provision of security
   145.    (Repealed)
   146.    Initial term of exploration permit
   147.    Application for renewal of exploration permit
   147AA.  (Repealed)
   147A.   Decision on application for renewal
   147B.   (Repealed)
   147C.   Continuation of permit while application being dealt with
   147CA.  Application for extension of last renewed term of exploration permit
   147CB.  Decision on application for extension
   147D.   When term of renewed or extended permit starts
   147E.   When new conditions of renewed permit start
   147F.   Renewal or extension of permit must be in name of last recorded transferee
   148.    Continuation of exploration permit if application for other tenure
   149.    (Repealed)
   150.    (Repealed)
   151.    (Repealed)
   152.    (Repealed)
   153.    (Repealed)
   154.    (Repealed)
   155.    (Repealed)
   156.    (Repealed)
   157.    (Repealed)
   158.    (Repealed)
   160.    Contravention by holder of exploration permit
   161.    Surrender of exploration permit
   162.    Adjustment of rental etc. upon surrender etc. of exploration permit
   163.    Access and compensation provisions
   164.    (Repealed)
   165.    (Repealed)
   166.    Improvement restoration for exploration permit
   167.    Producing exploration permit
   168.    Utilisation of security deposit towards subsequent exploration permit
   169.    (Repealed)
   170.    (Repealed)
   171.    (Repealed)
   172.    (Repealed)
   173.    (Repealed)
   174.    (Repealed)
   175.    Chief executive may recommend action to ease concerns or other action
   176.    Discovery of minerals to be reported
   176A.   Application to add excluded land to existing permit
   177.    Reduction of area of exploration permit upon grant of mining claim, mineral development licence or mining lease
   178.    Discovery etc. of mineral does not vest property
   178A.   Activity report for exploration permit
   178B.   Partial relinquishment report for exploration permit
   178C.   Final report for exploration permit

CHAPTER 5 - MINERAL DEVELOPMENT LICENCES

   PART 1 - MINERAL DEVELOPMENT LICENCES GENERALLY

   179.    Mineral development licence
   180.    Only eligible persons to hold mineral development licences
   181.    Obligations and entitlement under mineral development licence
   182.    Land is excluded from area of mineral development licence if covered by other authority under Act
   183.    Application for mineral development licence
   183A.   (Repealed)
   184.    (Repealed)
   185.    Priority of applications for grant of mineral development licences
   185A.   Rejection of application if applicant disqualified
   186.    Minister may grant or refuse application
   186AA.  Area of mineral development licence does not include particular land
   186AB.  Minister’s power to decide excluded land
   186A.   Details of mineral development licence to be recorded in register
   187.    Holder to notify owners of land of grant or renewal
   188.    (Repealed)
   189.    Abandonment of application for mineral development licence
   190.    Provision of security
   191.    (Repealed)
   192.    Initial term of mineral development licence
   193.    Rental payable on mineral development licence
   193A.   (Repealed)
   194.    Conditions of mineral development licence
   194AAA. Additional conditions of mineral development licence relating to native title
   194AA.  (Repealed)
   194AB.  Other agreement conditions
   194ABA. Power to impose or amend condition if changed holder of mineral development licence
   194AC.  Application to vary conditions of existing licence
   194A.   Land Court’s jurisdiction for At Risk agreement
   195.    (Repealed)
   196.    (Repealed)
   197.    Application for renewal of mineral development licence
   197AA.  (Repealed)
   197A.   Decision on application
   197B.   (Repealed)
   197C.   Continuation of licence while application being dealt with
   197D.   When term of renewed licence starts
   197E.   When new conditions of renewed licence start
   197F.   Renewal of licence must be in name of last recorded transferee
   198.    (Repealed)
   199.    (Repealed)
   200.    (Repealed)
   201.    (Repealed)
   202.    (Repealed)
   203.    (Repealed)
   204.    (Repealed)
   205.    (Repealed)
   206.    (Repealed)
   207.    (Repealed)
   208.    Adding other minerals to licence
   209.    Contravention by holder of mineral development licence
   210.    Surrender of mineral development licence
   211.    Access and compensation provisions
   212.    (Repealed)
   213.    (Repealed)
   214.    Improvement restoration for mineral development licence
   215.    Rights and obligations extended upon application for mining lease
   216.    Producing mineral development licence
   217.    (Repealed)
   218.    (Repealed)
   219.    (Repealed)
   220.    (Repealed)
   221.    (Repealed)
   222.    (Repealed)
   223.    Chief executive may recommend action to ease concerns or other action
   224.    Utilisation of security deposit towards subsequent mineral development licence or mining lease
   225.    Direction to apply for mining lease
   226.    Minister may determine availability of certain land
   226AA.  Application to add excluded land to existing licence
   226A.   Reduction of area of mineral development licence on grant of mining lease
   227.    Discovery etc. of mineral does not vest property
   228.    Effect of termination of mineral development licence
   229.    Application may be made for approval to remove plant
   230.    Plant remaining on former mineral development licence may be sold etc.
   231.    Variation of access to mineral development licence area
   231AA.  Activity report for mineral development licence
   231AB.  Partial surrender report for mineral development licence
   231AC.  Final report for mineral development licence

   PART 2 - MINERAL DEVELOPMENT LICENCE FOR AURUKUN PROJECT

   231A.   Application of pts 1 and 2
   231B.   Only eligible person can apply for and hold mineral development licence (180)
   231C.   Application for mineral development licence (183)
   231D.   (Repealed)
   231E.   Minister may grant or reject application for mineral development licence (186)
   231F.   Initial term of mineral development licence (192)
   231G.   Conditions of mineral development licence (194)
   231H.   Renewal of licence (197A)
   231I.   Requirements for transferring or mortgaging mineral development licences
   231J.   Contravention by holder of mineral development licence (209)
   231K.   (Repealed)

CHAPTER 6 - MINING LEASES

   PART 1 - MINING LEASES GENERALLY

   232.    Eligible person may apply for mining lease
   233.    Only eligible persons to hold mining leases
   233A.   Rejection of application if applicant disqualified
   234.    Minister may grant mining lease
   235.    General entitlements of holder of mining lease
   236.    Entitlement to use sand, gravel and rock
   237.    Drilling and other activities on land not included in surface area
   238.    Mining lease over surface of restricted land
   239.    Restriction on mining leases if land is released from exploration permit
   240.    (Repealed)
   241.    (Repealed)
   242.    (Repealed)
   243.    (Repealed)
   244.    (Repealed)
   245.    Application for grant of mining lease
   245A.   (Repealed)
   246.    Additional requirement for applications for particular mining leases for prescribed minerals
   247.    (Repealed)
   248.    Applicant must obtain consent or views of existing authority holders
   249.    Later applicant must obtain consent or views of earlier applicant if same land affected
   250.    Rejection of application by chief executive
   251.    Priority of mining lease applications
   252.    Issue of mining lease notice
   252A.   Giving and publication of mining lease notice and other information
   252B.   Declaration of compliance with obligations
   252C.   Continuing obligation to notify
   252D.   (Repealed)
   253.    Reissue of mining lease notice
   254.    (Repealed)
   255.    (Repealed)
   256.    (Repealed)
   257.    (Repealed)
   258.    (Repealed)
   259.    (Repealed)
   260.    Objection to application for grant of mining lease
   261.    Objection may be withdrawn
   262.    (Repealed)
   263.    (Repealed)
   264.    (Repealed)
   265.    Referral of application and objections to Land Court
   266.    Chief executive may recommend rejection of application for noncompliance
   267.    Minister may reject application at any time
   267A.   Striking out objections
   268.    Hearing of application for grant of mining lease
   269.    Land Court’s recommendation on hearing
   270.    (Repealed)
   270A.   (Repealed)
   271.    Criteria for deciding mining lease application
   271A.   Deciding mining lease application
   271AB.  Application for later specific purpose mining lease or transportation mining lease
   271B.   Steps to be taken after application decided
   272.    Minister may remit to Land Court for additional evidence
   273.    Restriction on grant of mining lease that does not include surface of land
   274.    (Repealed)
   275.    Application for inclusion of surface of area of mining lease
   275A.   Application for surface of restricted land to be included in mining lease
   276.    General conditions of mining lease
   276A.   (Repealed)
   276B.   Other agreement conditions
   276C.   Power to impose or amend condition if changed holder of mining lease
   277.    Provision of security
   278.    Utilisation of security deposit towards subsequent mining lease
   278A.   Land Court’s jurisdiction for At Risk agreement
   279.    Compensation generally
   279A.   Minister may refuse to grant mining lease if compensation not determined
   280.    Compensation for owner of land where surface area not included
   281.    Determination of compensation by Land Court
   282.    Appeal against Land Court’s determination upon compensation
   282A.   Security for costs of appeal
   283.    Public trustee may act in certain circumstances
   283A.   Agreement to amend compensation
   283B.   Review of compensation by Land Court
   284.    Initial term of mining lease
   285.    Mining lease may be specified it is not renewable
   286.    Application for renewal of mining lease
   7.43A.  (Expired)
   286AA.  Additional requirements for application for renewal of particular mining leases for prescribed minerals
   286A.   Decision on application
   286B.   (Repealed)
   286C.   Continuation of lease while application being dealt with
   286D.   When term of renewed lease starts
   286E.   When new conditions of renewed lease start
   286F.   Renewal of lease must be in name of last recorded transferee
   287.    Notice of rejection of renewal application
   288.    Holder to notify owner of grant or renewal of mining lease
   7.45.   (Repealed)
   289.    (Repealed)
   290.    Rental payable on mining lease
   290A.   Application of GST to rents for certain mining leases
   291.    Deferral of initial rent for particular mining leases
   292.    (Repealed)
   293.    (Repealed)
   294.    Variation of conditions of mining lease
   295.    Variation of mining lease for accuracy etc.
   296.    (Repealed)
   297.    (Repealed)
   298.    Mining other minerals or use for other purposes
   299.    Consolidation of mining leases
   300.    (Repealed)
   301.    (Repealed)
   302.    (Repealed)
   303.    (Repealed)
   304.    (Repealed)
   305.    (Repealed)
   306.    (Repealed)
   307.    Abandonment of application for the grant of a mining lease
   308.    Contravention by holder of mining lease
   309.    Surrender of mining lease
   310.    Minerals taken become property of holder of mining lease
   311.    Royalties in respect of minerals taken under mining lease
   312.    Effect of termination of mining lease
   313.    Application for approval to remove mineral and property
   314.    Property remaining on former mining lease may be sold
   315.    Activity report for mining lease
   315A.   Relinquishment report for mining lease
   315B.   Surrender report for mining lease
   316.    Mining lease for transportation through land
   317.    Variation of access to mining lease area
   317A.   Improvement restoration for mining lease

   PART 1A - DEVELOPMENT PLANS FOR PARTICULAR MINING LEASES FOR PRESCRIBED MINERALS

           Division 1 - Preliminary

   317B.   Function and purpose of development plans
   317C.   What is a prescribed mineral mining lease
   317D.   What is a new prescribed mineral mining lease
   317E.   What is a development plan and its plan period

           Division 2 - Requirements for development plans

   317F.   Requirement to have development plan
   317G.   Obligation to comply with development plan
   317H.   Development plan for new prescribed mineral mining lease
   317I.   Consequence of failure to comply with notice to lodge proposed initial development plan
   317J.   Initial development plan requirements—proposed mining lease
   317K.   Initial development plan requirements—mining lease

           Division 3 - Initial development plans

   317L.   Ministerial approval of proposed plan
   317M.   Before approval of proposed plan
   317N.   Deciding whether to approve proposed plan

           Division 4 - Later development plans

   317O.   Obligation to lodge proposed later development plan
   317P.   Consequence of failure to comply with notice to lodge proposed later development plan
   317Q.   Later development plan requirements
   317R.   Mining lease taken to have development plan until decision about approval
   317S.   Ministerial approval of proposed plan
   317T.   Deciding whether to approve proposed plan
   317U.   Power to require partial surrender application

           Division 5 - Miscellaneous

   317V.   Steps after, and taking effect of, decision
   317W.   Right of appeal against cancellation, deferral or refusal
   317X.   Changes to prescribed minerals or prescribed thresholds

   PART 1B - COMPETITIVE TENDERS FOR PROPOSED MINING LEASES

           Division 1 - Preliminary

   317Y.   Operation of part

           Division 2 - Competitive tenders

   317Z.   Call for tenders
   317ZA.  Right to tender
   317ZB.  Requirements for making tender
   317ZC.  Rejection of tender if tenderer disqualified
   317ZD.  Right to terminate call for tenders
   317ZE.  Amendment of tender
   317ZF.  Withdrawal of tender

           Division 3 - Deciding tenders

   317ZG.  Process for deciding tenders
   317ZH.  Deciding to appoint preferred tenderer
   317ZI.  Provisions for preferred tenderers
   317ZJ.  Notice to unsuccessful tenderers

   PART 2 - MINING LEASE FOR AURUKUN PROJECT

   318AAA. Application of pts 1 and 2
   318AAB. Only eligible person can apply for and hold mining lease (233)
   318AAC. (Repealed)
   318AAD. Application for grant of mining lease (245)
   318AAE. Limits on consideration and disclosure of Aurukun agreement in Land Court hearing
   318AAEA.Steps to be taken after application decided (271B)
   318AAF. Mining lease must include all surface of land (273)
   318AAG. (Repealed)
   318AAH. General conditions of mining lease (276)
   318AAI. Initial term of mining lease (284)
   318AAJ. Renewal of lease (286A)
   318AAK. Requirements for transferring, mortgaging or subleasing mining leases
   318AAL. Contravention by holder of mining lease (308)
   318AAM. Limitation on surrender of mining lease (309)

CHAPTER 7 - TRANSFERS AFFECTING APPLICATIONS FOR MINING LEASES

   PART 1 - APPLICATION TRANSFERS

           Division 1 - Preliminary

   318AAN. Application of pt 1

           Division 2 - Registration generally

   318AAO. Registration required for all application transfers
   318AAP. Obtaining registration
   318AAQ. Effect of approval and registration

           Division 3 - Approval of application transfers

   318AAR. Indicative approval
   318AAS. Applying for approval of application transfer
   318AAT. Deciding application
   318AAU. Written notice about decision
   318AAV. (Repealed)
   318AAW. (Repealed)
   318AAX. (Repealed)
   318AAY. (Repealed)
   318AAZ. (Repealed)

   PART 2 - (Repealed)

   PART 3 - (Repealed)

   PART 4 - APPEALS ABOUT TRANSFERS

   318AAZM.Who may appeal
   318AAZN.Period to appeal
   318AAZO.Starting appeal
   318AAZP.Stay of operation of decision
   318AAZQ.Hearing procedures
   318AAZR.Land Court’s powers on appeal

CHAPTER 8 - PROVISIONS FOR COAL SEAM GAS

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   318A.   (Repealed)
   318AA.  (Repealed)
   318AB.  Relationship with chs 4–6 and the Common Provisions Act

           Division 2 - Definitions for chapter 8

   318AC.  What is coal seam gas and incidental coal seam gas
   318AD.  What is oil shale
   318AE.  What is a coal exploration tenement, a coal mining lease and a special coal mining lease
   318AF.  What is an oil shale exploration tenement and an oil shale mining lease
   318AG.  What is a coal or oil shale mining tenement
   318AH.  What is a development plan and its plan period
   318AI.  Petroleum tenures
   318AJ.  What is a coordination arrangement
   318AK.  What is the public interest

           Division 3 - Relationship with particular special agreement Acts

   318AL.  Application of ch 8 to grant of special coal mining lease under Central Queensland Coal Associates Agreement Act 1968
   318AM.  Chapter prevails over special agreement Acts
   318AN.  No compensation

   PART 2 - OBTAINING COAL OR OIL SHALE MINING LEASE OVER LAND IN AREA OF AUTHORITY TO PROSPECT (OTHER THAN BY OR JOINTLY WITH, OR WITH THE CONSENT OF, AUTHORITY TO PROSPECT HOLDER)

           Division 1 - Preliminary

   318AO.  Application of pt 2

           Division 2 - Provisions for making coal or oil shale mining lease application

   318AP.  Additional requirements for making application

           Division 3 - Provisions for applications in particular circumstances

   318AQ.  Applications relating to authority to prospect and petroleum lease not held by same person
   318AR.  Applications relating to other land
   318AS.  (Repealed)

           Division 4 - Obligations of applicant and authority to prospect holder

   318AT.  Applicant’s obligations
   318AU.  Minister may require further negotiation
   318AV.  Consequence of applicant not complying with obligations or requirement
   318AW.  Authority to prospect holder’s obligations
   318AX.  Submissions by authority to prospect holder

           Division 5 - Priority for earlier petroleum lease application or proposed application

   318AY.  Earlier petroleum lease application
   318AZ.  Proposed petroleum lease for which EIS approval given
   318B.   Proposed petroleum lease declared a coordinated project

           Division 6 - Ministerial decision about whether to give any preference to petroleum development

   318BA.  When preference decision is required
   318BB.  Decision about whether to give any preference to petroleum development
   318BC.  Reference to Land Court before making preference decision
   318BD.  Restrictions on giving preference

           Division 7 - Process if preference decision is to give any preference to petroleum development

   318BF.  Application of div 7
   318BG.  Notice to applicant and authority to prospect holder
   318BH.  Petroleum lease application for all of the land
   318BI.  Petroleum lease application for part of the land
   318BJ.  No petroleum lease application

           Division 8 - Deciding mining lease

   318BK.  Application of div 8
   318BL.  Additional criteria for deciding conditions or term
   318BM.  Power to determine relinquishment condition
   318BN.  Publication of outcome of application

   PART 3 - OBTAINING COAL OR OIL SHALE MINING LEASE OVER LAND IN AREA OF AUTHORITY TO PROSPECT (BY OR JOINTLY WITH, OR WITH THE CONSENT OF, AUTHORITY TO PROSPECT HOLDER)

   318BO.  Application of pt 3
   318BP.  Additional requirements for making application
   318BQ.  Applications relating to petroleum lease and authority to prospect not held by same person
   318BR.  Applications relating to other land
   318BS.  (Repealed)
   318BT.  Priority for earlier petroleum lease application or proposed application
   318BU.  Additional criteria for deciding conditions or term

   PART 4 - COAL MINING LEASE AND OIL SHALE MINING LEASE APPLICATIONS IN RESPONSE TO PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT PREFERENCE DECISION

   318BV.  Additional ground for refusing application

   PART 5 - OBTAINING COAL OR OIL SHALE MINING LEASE OVER LAND IN AREA OF PETROLEUM LEASE (OTHER THAN BY OR JOINTLY WITH PETROLEUM LEASE HOLDER)

   318BW.  Application of pt 5
   318BX.  Additional requirements for making application
   318BY.  Applications relating to other land
   318BZ.  (Repealed)
   318C.   Notice to petroleum lease holder
   318CA.  Petroleum lease holder’s obligation to negotiate
   318CB.  Restriction on issuing mining lease notice and additional requirements for grant

   PART 6 - OBTAINING COAL OR OIL SHALE MINING LEASE OVER LAND IN AREA OF PETROLEUM LEASE (BY OR JOINTLY WITH PETROLEUM LEASE HOLDER)

   318CC.  Application of pt 6
   318CD.  Additional requirements for making application
   318CE.  Applications relating to other land
   318CF.  (Repealed)
   318CG.  Additional criteria for deciding conditions

   PART 7 - ADDITIONAL PROVISIONS FOR COAL AND OIL SHALE EXPLORATION TENEMENTS

           Division 1 - Grant of coal or oil shale exploration tenement in area of authority to prospect

   318CH.  Provisions for coal or oil shale exploration tenement

           Division 2 - Restriction on authorised activities on petroleum lease land

   318CI.  Restriction

           Division 3 - Conditions

   318CJ.  Notice of grant to authority to prospect holder or applicant
   318CK.  Compliance with obligations under Petroleum and Gas (Production and Safety) Act

   PART 8 - ADDITIONAL PROVISIONS FOR COAL MINING LEASES AND OIL SHALE MINING LEASES

           Division 1 - Entitlement to coal seam gas

   318CL.  Application of pt 8
   318CM.  Limited entitlement to mine coal seam gas
   318CN.  Use that may be made under mining lease of incidental coal seam gas
   318CNA. Use that may be made under oil shale mining lease of incidental coal seam gas
   318CO.  Restriction on flaring or venting of incidental coal seam gas

           Division 2 - Provisions for mining coal seam gas from coextensive natural underground reservoirs

   318CP.  Application of div 2
   318CQ.  Coordination arrangement may be made about mining or production from reservoir
   318CR.  Restriction on carrying out particular authorised activities
   318CS.  Dispute resolution by Land Court

           Division 3 - Conditions

   318CT.  Continuing requirement for coordination arrangement for particular coal or oil shale mining leases
   318CU.  Obligation to measure and record coal seam gas mined
   318CV.  (Repealed)
   318CW.  Compliance with obligation to negotiate with petroleum lease applicant
   318CX.  (Repealed)
   318CY.  (Repealed)
   318CZ.  Cessation of relinquishment condition for area not overlapping with area of authority to prospect

           Division 4 - Amendment of relinquishment condition by application

   318D.   Application of div 4
   318DA.  Conditions for applying to amend relinquishment condition
   318DB.  Authority to prospect holder’s obligation to negotiate
   318DC.  Requirements for making application
   318DD.  Notice of application
   318DE.  Submissions by authority to prospect holder
   318DF.  Minister may require further negotiation
   318DG.  Deciding amendment application

           Division 5 - Restriction on amending other conditions

   318DH.  Interests of relevant petroleum tenure holder to be considered

           Division 6 - Renewals

   318DI.  General additional provisions for renewal application
   318DJ.  Applied provisions for renewal application
   318DK.  Mining lease taken to have development plan until renewal application decided

           Division 7 - Consolidations

   318DL.  Restriction on consolidation applications
   318DM.  Additional requirements for making consolidation application
   318DN.  Deciding whether to approve proposed development plan

           Division 8 - Restriction on transfer or subletting

   318DO.  Requirement for coordination arrangement to transfer or sublet mining lease in area of petroleum lease

   PART 9 - DEVELOPMENT PLANS FOR COAL MINING LEASES AND OIL SHALE MINING LEASES

           Division 1 - General provisions about development plans

   318DP.  Function and purpose
   318DQ.  Requirement to have development plan
   318DR.  Obligation to comply with development plan

           Division 2 - Requirements for proposed initial development plans

   318DS.  Operation of div 2
   318DT.  General requirements
   318DU.  Plan period
   318DV.  Statement about interests of relevant petroleum tenure holder
   318DW.  Requirement to optimise use of incidental coal seam gas
   318DX.  Consistency with petroleum lease development plan and relevant coordination arrangement

           Division 3 - Approval of proposed initial development plans

   318DY.  Application of div 3
   318DZ.  Ministerial approval of proposed plan
   318E.   Amendment of proposed plan before approval
   318EA.  Deciding whether to approve proposed plan

           Division 4 - Approval of proposed later development plans

   318EB.  Obligation to lodge proposed later development plan
   318EC.  Consequence of failure to comply with notice to lodge proposed later development plan
   318ED.  Later development plan requirements
   318EE.  Mining lease taken to have development plan until decision on whether to approve proposed later development plan
   318EF.  Criteria for deciding whether to approve proposed plan
   318EG.  Power to require partial surrender application
   318EH.  Steps after, and taking effect of, decision

           Division 5 - Appeals

   318EI.  Right of appeal against cancellation, deferral or refusal

   PART 10 - CONFIDENTIALITY OF INFORMATION

   318EJ.  Application of pt 10
   318EK.  Confidentiality obligations
   318EL.  Civil remedies

CHAPTER 9 - PROVISIONS FOR GEOTHERMAL TENURES AND GHG AUTHORITIES

   PART 1 - PRELIMINARY

   318ELAM.Relationship with chs 2 to 8 and ch 12, pt 1
   318ELAN.What is an overlapping authority (geothermal or GHG)
   318ELAO.General provision about mining tenements for land subject to geothermal tenure or GHG authority

   PART 2 - OBTAINING MINING LEASE IF OVERLAPPING TENURE

           Division 1 - Preliminary

   318ELAP.Application of pt 2

           Division 2 - Requirements for application

   318ELAQ.Requirements for making application
   318ELAR.Content requirements for information statement

           Division 3 - Consultation provisions

   318ELAS.Applicant’s information obligation
   318ELAT.Submissions by overlapping tenure holder

           Division 4 - Resource management decision if overlapping permit

   318ELAU.Application of div 4
   318ELAV.Operation of div 4
   318ELAW.Criteria for decision
   318ELAX.Restrictions on giving overlapping authority priority

           Division 5 - Process if resource management decision is to give overlapping authority priority

   318ELAY.Application of div 5
   318ELAZ.Notice to applicant and overlapping permit holder
   318ELBA.Overlapping lease application for all of the land
   318ELBB.Overlapping lease application for part of the land
   318ELBC.No overlapping lease application

           Division 6 - Resource management decision not to grant and not to give priority

   318ELBD.Lapsing of application

           Division 7 - Deciding application

   318ELBE.Application of div 7
   318ELBF.Application may be refused if no reasonable prospects of future geothermal or GHG coordination arrangement
   318ELBG.Additional criteria for deciding provisions of mining lease
   318ELBH.Publication of outcome of application

   PART 3 - PRIORITY TO PARTICULAR GEOTHERMAL OR GHG LEASE APPLICATIONS

   318ELBI.Earlier geothermal or GHG lease application
   318ELBJ.Proposed geothermal or GHG lease for which EIS approval given
   318ELBK.Proposed GHG lease declared a coordinated project

   PART 4 - MINING LEASE APPLICATIONS IN RESPONSE TO INVITATION UNDER GEOTHERMAL ACT OR GHG STORAGE ACT

   318ELBL.Application of pt 4
   318ELBM.Minister may refuse application

   PART 5 - ADDITIONAL PROVISIONS FOR PARTICULAR MINING TENEMENTS

           Division 1 - Restrictions on authorised activities for particular mining tenements

   318ELBN.Prospecting permit overlapping with geothermal or GHG lease
   318ELBO.Other overlapping authorities
   318ELBP.Resolving disputes

           Division 2 - Provisions about conditions

   318ELBQ.Notice by particular mining tenement holders to particular geothermal tenure or GHG authority holders or applicants
   318ELBR.Restriction on varying conditions of particular mining leases
   318ELBS.Condition to notify particular authority holders of proposed start of designated activities
   318ELBT.Requirement to continue geothermal or GHG coordination arrangement after renewal of or dealing with mining lease
   318ELBU.(Repealed)

CHAPTER 10 - (Repealed)

CHAPTER 11 - ROYALTIES

   319.    Relationship of chapter with Taxation Administration Act 2001
   320.    Royalty return and payment
   321.    Prescription of royalty
   321A.   Regulation may impose civil penalties
   322.    (Repealed)
   323.    Resolving inconsistency between differing royalty provisions
   324.    Utilisation of security deposit towards royalty payments
   325.    Royalty return and payment upon transfer or surrender of mining claim or mining lease
   326.    (Repealed)
   326A.   (Repealed)
   326B.   (Repealed)
   326C.   (Repealed)
   326D.   (Repealed)
   326E.   (Repealed)
   327.    (Repealed)
   327A.   Revenue commissioner may require royalty estimate
   328.    (Repealed)
   329.    (Repealed)
   330.    (Repealed)
   331.    (Repealed)
   331A.   (Repealed)
   331B.   (Repealed)
   331C.   (Repealed)
   331D.   (Repealed)
   331E.   (Repealed)
   331F.   (Repealed)
   331G.   (Repealed)
   332.    (Repealed)
   332AA.  (Repealed)
   332A.   (Repealed)
   333.    (Repealed)
   333A.   (Repealed)
   333B.   (Repealed)
   333C.   (Repealed)
   333D.   (Repealed)
   333E.   (Repealed)
   333F.   (Repealed)
   333G.   (Repealed)
   333H.   (Repealed)
   333I.   (Repealed)
   333J.   (Repealed)
   333K.   (Repealed)
   333L.   (Repealed)
   333M.   (Repealed)
   333N.   (Repealed)
   333O.   (Repealed)
   333P.   (Repealed)
   333Q.   (Repealed)
   333QA.  (Repealed)
   333QB.  (Repealed)
   333QC.  (Repealed)
   333QD.  (Repealed)
   333QE.  (Repealed)
   333QF.  (Repealed)
   333QG.  (Repealed)
   333QH.  (Repealed)
   333QI.  (Repealed)
   333QJ.  (Repealed)
   333R.   (Repealed)
   333S.   (Repealed)
   333T.   (Repealed)
   333U.   (Repealed)
   333V.   (Repealed)
   333W.   (Repealed)
   333X.   (Repealed)
   333Y.   (Repealed)
   333Z.   (Repealed)
   333ZA.  (Repealed)
   334.    (Repealed)
   334A.   (Repealed)
   334B.   (Repealed)
   334C.   (Repealed)
   334D.   (Repealed)

CHAPTER 12 - PROVISIONS ABOUT PARTICULAR AREAS, MATTERS OR MINING TENEMENTS

   PART 1 - PROVISIONS FOR MCFARLANE OIL SHALE DEPOSIT

           Division 1 - Preliminary

   334E.   Application of pt 1
   334F.   What is an oil shale mining tenement
   334G.   Relationship with other provisions of this Act

           Division 2 - Moratorium provisions

   334H.   Prohibition on granting oil shale mining tenements
   334I.   Suspension of oil shale activities
   334J.   Access rights for particular activities
   334K.   Ministerial power to suspend rental obligation
   334L.   Suspension or waiver of reporting obligations
   334M.   Suspension or waiver of performance requirements
   334N.   Transfers
   334O.   Renewals
   334P.   Rights and obligations under other Acts not affected

   PART 2 - COLLINGWOOD PARK STATE GUARANTEE

   334Q.   Definitions for pt 2
   334R.   What is the Collingwood Park State guarantee
   334S.   Registering guarantee in freehold land register
   334T.   Removing guarantee from registrar’s records
   334U.   No fee payable

   PART 3 - (Repealed)

   PART 4 - CHERWELL CREEK PROVISIONS

   334ZB.  Definitions for pt 4
   334ZC.  Renewal of EPC545
   334ZD.  Rejection of particular applications for mining tenements
   334ZE.  Persons who may apply for, or be granted, a mining tenement for land in the area of MDLA364
   334ZF.  Persons who may apply for, or be granted, a mining tenement for particular land in the area of SL12/42239
   334ZG.  No consent required for application for mining tenement for particular land
   334ZH.  Deciding application to add excluded land to EPC 545
   334ZI.  No compensation payable by the State
   334ZJ.  Compensation payment by prescribed persons

   PART 4A - MORATORIUM RELATING TO MINERAL (F)

           Division 1 - Preliminary

   334ZJA. Purpose of part
   334ZJB. Relationship with other provisions
   334ZJC. Inconsistency with other provisions

           Division 2 - Activities for mineral (f)

   334ZJD. Prohibitions relating to mineral (f)
   334ZJE. Activities under mineral (f) development licence
   334ZJF. Obligations under mineral (f) development licence
   334ZJG. Automatic renewal of mineral (f) development licence

   PART 4B - GRANT OF MINING LEASE APPLICATION 70460

   334ZJH. Definitions for part
   334ZJI. Grant of mining lease application 70460
   334ZJJ. Effect of grant on other applications
   334ZJK. No compensation payable by State, ML 70434 entity or ML 70460 entity

   PART 4C - PROVISIONS ABOUT BYERWEN MINE

   334ZJL. Definitions for part
   334ZJM. Meaning of accommodate
   334ZJN. Grant of mining lease ML700066
   334ZJO. Variation of particular mining leases
   334ZJP. Deciding particular applications
   334ZJQ. No compensation payable by the State

   PART 5 - OTHER PROVISIONS

   334ZK.  Validation of granting of mining lease 1978
   334ZL.  Validation of inclusion of additional surface area No. 2 in mining lease 4761
   334ZM.  Provisions about compensation for owners of lots 65 and 66 on RP909055
   334ZN.  Cancellation of Shelburne Bay mining leases
   334ZO.  Particular mineral development licences and mining leases
   334ZOA. Validation of mining lease granted without issue of instrument of lease

CHAPTER 12A - PROVISIONS ABOUT WATER FOR MINERAL DEVELOPMENT LICENCES AND MINING LEASES

   PART 1 - WATER RIGHTS FOR MINERAL DEVELOPMENT LICENCES AND MINING LEASES

   334ZP.  Entitlement to use underground water
   334ZQ.  Water monitoring activities
   334ZR.  Authorisation for Water Act
   334ZS.  Water Act not otherwise affected

   PART 2 - WATER MONITORING AUTHORITIES

           Division 1 - Obtaining water monitoring authority

   334ZT.  Who may apply for water monitoring authority
   334ZU.  Requirements for making application
   334ZV.  Deciding application for water monitoring authority

           Division 2 - Particular activities authorised for water monitoring authorities

   334ZW.  Operation of div 2
   334ZX.  Water monitoring activities
   334ZY.  Limited right to take or interfere with underground water
   334ZZ.  Authorisation for Water Act
   334ZZA. Water Act not otherwise affected
   334ZZB. Restriction on carrying out authorised activities
   334ZZC. No right to mineral discovered

           Division 3 - Miscellaneous provisions

   334ZZD. Term of authority
   334ZZE. Provision for who is the holder of a water monitoring authority
   334ZZF. Additional condition of relevant mineral development licence or mining lease
   334ZZG. Annual rent
   334ZZH. Power to use security
   334ZZI. Amending water monitoring authority by application

   PART 3 - OWNERSHIP OF PARTICULAR WORKS

   334ZZJ. Ownership of works constructed in connection with water monitoring bore
   334ZZK. Interfering with water monitoring bore

   PART 4 - WATER MONITORING BORES

           Division 1 - Transfer of water monitoring bores

   334ZZL. Operation of division
   334ZZM. Transfer permitted only under division
   334ZZN. Effect of transfer
   334ZZO. Transfer of water monitoring bore to landowner
   334ZZP. Transfer of water monitoring bore to the State
   334ZZQ. Transfer of water monitoring bore to holder of mineral development licence, mining lease or water monitoring authority
   334ZZR. Notice of transfer to Water Act regulator

           Division 2 - Decommissioning of water monitoring bores

   334ZZS. Obligation to decommission
   334ZZT. Right of entry to facilitate decommissioning
   334ZZU. Responsibility for bore after decommissioning

CHAPTER 13 - ADMINISTRATION AND JUDICIAL FUNCTIONS

   PART 1 - DIRECTIONS TO REMEDY CONTRAVENTION

   335A.   Power to give compliance direction
   335B.   Requirements for giving compliance direction
   335C.   Failure to comply with compliance direction
   335D.   Right of internal review and appeal against compliance direction
   335E.   Other authorised officer’s powers not affected

   PART 2 - (Repealed)

   PART 3 - AUTHORISED OFFICERS AND OTHER APPOINTMENTS

   336.    Appointment—authorised officers
   336A.   Appointment—authorised persons
   337.    Appointment conditions and limit on powers
   338.    When office ends
   339.    Resignation
   340.    Issue of identity card
   341.    Production or display of identity card
   341A.   Return of identity card
   342.    Powers of authorised officers
   343.    Seizure of minerals produced by or vehicles, machinery etc. used in unauthorised mining
   343A.   (Repealed)

   PART 4 - REMEDIATION OF ABANDONED MINE SITES AND REHABILITATION OF FINAL REHABILITATION SITES

           Division 1 - Preliminary

   344.    Definitions for part
   344A.   Meaning of remediation activity
   344B.   Meaning of rehabilitation activity

           Division 2 - Authorisation to carry out remediation activities or rehabilitation activities

   344C.   Authorisation to carry out remediation activities on abandoned mine site or affected land
   344D.   Authorisation to carry out rehabilitation activities on final rehabilitation site
   344E.   Entering land to carry out remediation activities or rehabilitation activities
   344F.   Notice of entry
   344G.   Consent of owner or occupier to enter affected land
   344H.   Obligation of authorised person in carrying out activities
   344I.   Report to owner and occupier after entry of affected land

           Division 3 - Compensation

   345.    Compensation
   346.    Land Court’s decision about compensation
   347.    Application of particular provisions about compensation
   348.    Liability for payment of compensation to native title holders

   PART 5 - THE LAND COURT

   349.    (Repealed)
   350.    (Repealed)
   351.    (Repealed)
   352.    (Repealed)
   10.9I.  (Expired)
   353.    (Repealed)
   354.    (Repealed)
   355.    (Repealed)
   10.13.  (Repealed)
   356.    (Repealed)
   357.    (Repealed)
   358.    (Repealed)
   359.    (Repealed)
   360.    (Repealed)
   361.    (Repealed)
   362.    (Repealed)
   363.    Substantive jurisdiction
   364.    Application for interim orders by remote means
   365.    (Repealed)
   366.    (Repealed)
   367.    (Repealed)
   368.    (Repealed)
   369.    (Repealed)
   370.    Jurisdiction of Supreme Court
   371.    (Repealed)
   372.    (Repealed)
   373.    (Repealed)
   374.    (Repealed)
   375.    (Repealed)
   376.    (Repealed)
   377.    (Repealed)
   378.    Power to order deposit of mineral etc.
   379.    (Repealed)
   380.    Land Court may order survey
   381.    Power of Land Court to order surrender of minerals

   PART 6 - RELEASING REQUIRED INFORMATION

   382.    Public release of required information
   383.    Minister may use required information

CHAPTER 14 - MISCELLANEOUS PROVISIONS

   386J.   Request to applicant about application
   386K.   Refusing application for failure to comply with request
   386L.   Notice to progress relevant applications
   386M.   Particular criteria generally not exhaustive
   386N.   Particular grounds for refusal generally not exhaustive
   386O.   Place or way for making applications, giving, filing, forwarding or lodging documents or making submissions
   386P.   Requirements for making application
   386PA.  Chief executive’s power to refund application fee
   386Q.   Period of effect of particular later development plans
   386R.   Required way for defining boundary of proposed mining tenement
   386S.   Boundary definition notice
   386T.   Requirement to define or further define mining tenement boundary
   386U.   Requirement to remove physical monuments
   386V.   Carrying out activity on land for boundary definition purposes
   386W.   Dispute about carrying out activity under s 386V in area of prospecting permit or non-mining resource authority
   386X.   Report about activity under s 386V to chief executive by owner or occupier of land
   386Y.   Person carrying out activity under s 386V contravening condition or this Act
   387.    (Repealed)
   387A.   (Repealed)
   387B.   (Repealed)
   387C.   (Repealed)
   387D.   (Repealed)
   388.    Notice of change of address for service
   389.    (Repealed)
   390.    Priority of competing applications
   391.    Restriction on grants etc.
   391A.   Restriction on decisions or recommendations about mining tenements
   391B.   (Repealed)
   391C.   Small scale mining code
   392.    Substantial compliance with Act may be accepted as compliance
   393.    Prescribed person excused for neglect or default of other entities or circumstances beyond person’s control
   394.    Declaration of State forests etc. over land subject to grants
   11.9.   (Repealed)
   395.    Act’s application to holder of fossickers licence
   396.    Application of other Acts
   396A.   Transfer of coal exploration or production well to petroleum tenure holder
   397.    Limitation of owner’s or occupier’s tortious liability for authorised activities
   397A.   Duty to avoid interference in carrying out authorised activities
   397B.   Obstruction of person carrying out authorised activity
   398.    Delegation by Minister and chief executive
   399.    Service of documents by prescribed persons
   399A.   Service of documents generally
   400.    Acting in aid of authorised officer
   401.    Protection against liability
   401A.   Protection against liability as condition of approval
   402.    Offences with respect to unauthorised mining etc.
   403.    Offences regarding land subject to mining claim or mining lease
   404.    Offence to resist bailiff etc.
   404A.   Distance of excavation from railway works
   404B.   Interference with particular things
   404C.   Information requirements for holders of mining tenements
   404D.   False or misleading document
   404E.   Interference with road
   405.    Directions to be complied with
   406.    Land Court may review direction or requirement
   407.    Minister may require survey
   408.    Surveyor not to have interest
   409.    Removal orders
   410.    Certain interests not interests for certain purposes
   411.    Indemnity against liability
   412.    Offences and recovery of penalties etc.
   412A.   Liability of executive officer—particular offences committed by company
   412B.   Executive officer may be taken to have committed offence
   413.    Evidentiary provision
   414.    Failure to supply information constitutes noncompliance with Act
   415.    Copies of decisions to be sent to chief executive
   416.    Rights independent of this Act preserved
   416A.   Approval of forms
   416B.   (Repealed)
   417.    Regulation-making power
   11.32.  (Repealed)
   11.33.  (Expired)
   11.35.  (Repealed)

CHAPTER 15 - TRANSITIONAL, DECLARATORY AND VALIDATING PROVISIONS

   PART 1 - GENERAL TRANSITIONAL PROVISION

   723AA.  References to repealed Acts

   PART 2 - TRANSITIONAL PROVISIONS BEFORE MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012
   Note—

           Division 1 - Transitional provisions for Act No. 27 of 1998

   723.    At Risk agreement conditions
   724.    Application of Mineral Resources Amendment Act 1998

           Division 2 - Transitional provisions for Act No. 38 of 1998

   725.    Application of div 2
   726.    Definitions for div 2
   727.    Giving advice of notification commencement day
   728.    Existing prospecting permit applications
   729.    Existing mining claim applications
   730.    Existing exploration permit applications
   731.    Existing mineral development licence applications
   732.    Existing mining lease applications
   733.    Existing applications for certain approvals
   734.    Separate hearings

           Division 3 - Transitional provisions for Environmental Protection and Other Legislation Amendment Act 2000

   735.    Existing Act continues to apply for special agreement Acts until Environmental Protection Act, ch 13, pt 2, div 7 commences

           Division 4 - Transitional provision for Mineral Resources and Other Legislation Amendment Act 2002

   736.    Exclusion of pt 7A for continuance of existing notifiable road uses

           Division 5 - Transitional provisions for Natural Resources and Other Legislation Amendment Act 2003

   737.    No notification commencement day advised before 31 March 2003
   738.    Effect of extension of time for giving notice or information

           Division 6 - Transitional provisions for Petroleum and Gas (Production and Safety) Act 2004

              Subdivision 1 - Preliminary

   739.    Definitions for div 6

              Subdivision 2 - Provisions for special agreement Acts

   740.    Application of div 6 to special coal mining lease under special agreement Act
   741.    Unfinished special coal mining lease applications
   742.    Division 6 prevails over special agreement Acts
   743.    No compensation

              Subdivision 3 - Provision for section 3A
              744. Application of s 3A to existing mining tenements

              Subdivision 4 - Unfinished coal or oil shale mining lease applications for land in area of petroleum tenure

   745.    Application of pt 7AA

              Subdivision 5 - Provisions for existing coal mining leases

   746.    Clarification provision for coal seam gas
   747.    Continuation of particular rights relating to coal seam gas under mineral hydrocarbon mining leases
   748.    Restriction on flaring or venting coal seam gas
   749.    Deferral of ss 318CN(2) and 318CO for particular existing coal mining lease holders
   750.    Deferral of s 318CR(1) for existing coal mining lease holders

              Subdivision 6 - Modified application of section 318CI for particular existing exploration tenements overlapping with petroleum lease

   751.    Application of sdiv 6
   752.    Modified application of s 318CI until 3 months after commencement
   753.    Power to relinquish if activity restricted

              Subdivision 7 - Particular provision for existing mineral development licences that overlap with a Petroleum Act lease

   754.    Application of sdiv 7
   755.    Substituted restriction on authorised activities

              Subdivision 8 - Development plans

   756.    Application of sdiv 8
   757.    Deferral of obligation to comply with development plan
   758.    Obligation to lodge proposed development plan
   759.    Application of pt 7AA, div 9, sdiv 3 for approval of proposed plan
   760.    Additional requirement for proposed development plan for mineral hydrocarbon mining lease
   761.    Additional condition for proposed development plan for mineral hydrocarbon mining lease
   762.    Omission of particular conditions to be superseded by development plan
   763.    Development plan requirements for renewal applications if no current development plan

           Division 7 - Transitional provisions for Mineral Resources and Other Legislation Amendment Act 2005

   764.    Application of particular provisions
   764A.   Application of public interest provisions to undecided applications

           Division 8 - Transitional provisions for Land Court and Other Legislation Amendment Act 2007

   765.    Particular references to Land Court to be taken to be references to tribunal
   766.    Reference to tribunal in s 764 (Application of particular provisions)

           Division 9 - Transitional provision for Mining and Other Legislation Amendment Act 2007

   766A.   Provision for amendment of s 133

           Division 10 - Transitional provisions for Clean Energy Act 2008

   767.    Continuation of regulation under s 391
   767A.   Application of s 208(3A) to existing applications

           Division 11 - Transitional provision for Mines and Energy Legislation Amendment Act 2008

              Subdivision 1 - Provisions for amendments to due dates and reminder dates

   768.    Application of div 11
   769.    Transitional provision for rental
   770.    Transitional provision for contravention provisions

              Subdivision 2 - Provision for special agreement Acts

   771.    Payment of rent for special agreement Act leases

              Subdivision 3 - Miscellaneous provision

   772.    Existing applications

           Division 12 - Transitional provision for Mines and Energy Legislation Amendment Act 2010

   773.    Existing mining lease applications

           Division 13 - Transitional provisions for amendments under Geothermal Energy Act 2010

              Subdivision 1 - Provision for amendments commencing on date of assent

   774.    Reference to particular leases
   775.    Application of amended s 249

              Subdivision 2 - Provisions for amendments about compensation and the land access code

   776.    Old access code ceases to apply
   777.    Land access code prevails over conditions
   778.    Existing compensation decisions and proceedings continue
   779.    Existing agreements about compensation
   780.    Existing notices of entry
   781.    Additional exemption to conduct and compensation agreement requirement
   782.    References to geothermal tenure

              Subdivision 3 - Provisions for enactment of Geothermal Energy Act 2010

   783.    Definitions for sdiv 3
   784.    Existing mining tenement applications
   785.    Existing mining claims consented to by geothermal permit holder

           Division 14 - Transitional provision for Gas Security Amendment Act 2011

   786.    Date of effect of amended s 381A

           Division 15 - Transitional provision for Community Ambulance Cover Levy Repeal and Revenue and Other Legislation Amendment Act 2011

   787.    Particular applications taken to be properly made

   PART 3 - TRANSITIONAL PROVISIONS FOR MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012—AMENDMENTS COMMENCING ON ASSENT

   788.    Definitions for div 16
   789.    Particular land in a mining tenement’s area taken before the commencement
   790.    Land in a mining tenement’s area for which notice of intention to resume given before the commencement

   PART 4 - TRANSITIONAL PROVISIONS FOR MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012—AMENDMENTS COMMENCING BY PROCLAMATION

           Division 1 - Preliminary

   791.    Definitions for div 17

           Division 2 - Provisions relating to exploration permits

   792.    Particular applications for exploration permits
   793.    Periodic reduction in land covered by existing exploration permit

           Division 3 - Provisions relating to mining claims

   794.    Existing applications for mining claim if no referral to Land Court
   795.    Existing applications for mining claim or renewal of mining claim—term of claim

           Division 4 - Provisions relating to mining leases

   796.    Existing applications for mining lease if no referral to Land Court
   797.    Existing referral of mining lease to Land Court
   798.    Minister to decide particular applications for or about mining leases

           Division 5 - Provisions common to mining tenements

   799.    Unfinished actions under former s 96, 151, 198 or 300
   800.    Deciding applications for approval of assessable transfers until commencement of particular provisions
   801.    Continued functions for caveats received before the commencement
   802.    Continued functions for removal or withdrawal of caveat

           Division 6 - Other provisions

   803.    Existing requests for information
   804.    Relocation and renumbering of provisions

   PART 5 - TRANSITIONAL PROVISION FOR FISCAL REPAIR AMENDMENT ACT 2012

   805.    Application of Act to particular unpaid royalty

   PART 6 - TRANSITIONAL PROVISIONS FOR MINING AND OTHER LEGISLATION AMENDMENT ACT 2013

           Division 1 - Provisions for amendments commencing on assent

   806.    Definition for div 1
   807.    Existing applications for exploration permits for minerals other than coal
   808.    Existing applications for exploration permits for coal

           Division 2 - Provisions for amendments commencing by proclamation

   809.    Definitions for div 2
   810.    Application of former ss 61, 64 to 64D and 83
   811.    Provision about condition for work program
   812.    Application of s 93 to renewal of mining claim
   813.    Persons taken to be authorised officers
   814.    References to repealed terms in former provisions and other documents
   815.    Other references to repealed terms
   816.    Conversion of mining lease to mining claim

   PART 7 - TRANSITIONAL PROVISIONS FOR TRANSPORT AND OTHER LEGISLATION AMENDMENT ACT 2014

   817.    Mining lease application not decided before the commencement

   PART 8 - TRANSITIONAL PROVISIONS FOR STATE DEVELOPMENT, INFRASTRUCTURE AND PLANNING (RED TAPE REDUCTION) AND OTHER LEGISLATION AMENDMENT ACT 2014

   818.    Application of repealed ss 334Z and 334ZA
   819.    (Expired)

   PART 9 - TRANSITIONAL PROVISIONS FOR REVENUE LEGISLATION AMENDMENT ACT 2014

   820.    Definition for pt 9
   821.    Application of particular provisions for previous section 326 records
   822.    Application of ch 11, pt 3, divs 2 and 3 for royalty payable for period occurring before 1 July 2014
   823.    Application of s 333J to particular administrators

   PART 10 - TRANSITIONAL PROVISIONS FOR MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014

   824.    Continued appeal right for particular decisions
   825.    Existing practice manuals
   826.    Application of incidental coal seam gas provisions
   827.    Applications for mineral development licences accepted before commencement
   828.    Mining claim application certificates given before commencement
   829.    Certificates of applications for a mining lease given before commencement
   830.    Certificates of public notice given before commencement
   833.    Act as in force on relevant day continues to apply for particular mining leases
   834.    Relevant provisions continue to apply for particular mining tenements
   837.    Validation of conversion of mining lease to mining claim

   PART 10A - OTHER PROVISION FOR MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014

   837A.   Application of Common Provisions Act, s 138 to particular coal mining leases

   PART 11 - TRANSITIONAL PROVISION FOR MINERAL RESOURCES (AURUKUN BAUXITE RESOURCE) AMENDMENT ACT 2016

   838.    Amended Act applies to existing mineral development licence applications

   PART 12 - TRANSITIONAL PROVISION FOR WATER REFORM AND OTHER LEGISLATION AMENDMENT ACT 2014

   839.    Restriction on entitlement to use underground water—Act, s 334ZP

   PART 13 - TRANSITIONAL PROVISIONS FOR MINERAL, WATER AND OTHER LEGISLATION AMENDMENT ACT 2018

   840.    Determining compensation for applications for grant or renewal of mining claims and mining leases made before commencement
   841.    Continuing effect of consent to enter reserve
   842.    Application of s 833 for particular mining leases
   843.    Application of s 834 for particular mining tenements

   PART 14 - TRANSITIONAL PROVISIONS FOR REVENUE LEGISLATION AMENDMENT ACT 2018

   844.    Validity of assessments and reassessments of royalty made before 1 July 2014
   845.    Gross value royalty decisions—periods occurring before 1 September 2013

   PART 15 - TRANSITIONAL PROVISIONS FOR NATURAL RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2019

           Division 1 - Provisions for amendments commencing on assent

   846.    Power of Minister to refuse application for mining claim if compensation not determined
   847.    Power of Minister to refuse application for mining lease if compensation not determined
   848.    Chief executive’s power to refund application fee

           Division 2 - Provisions for amendments commencing by proclamation

   849.    Definitions for division
   850.    Existing programs of work
   851.    Existing applications for particular exploration permits
   852.    Existing tenders for particular exploration permits
   853.    Existing applications to vary conditions of exploration permit
   854.    Existing applications for renewal of exploration permit
   855.    Limitation on applications to vary conditions of exploration permit
   856.    Restrictions on renewal of exploration permit
   857.    Relinquishment requirements for existing exploration permits
   861.    Power to direct reduction of area of exploration permit of more or less than prescribed area
   862.    Application for extension of last renewed term of exploration permit
   863.    Power to impose, remove or vary condition of exploration permit
   864.    Continuation of exploration permit if application for other tenure

   PART 16 - DECLARATORY AND VALIDATING PROVISIONS RELATING TO REGULATIONS

   865.    Declaration about Mineral Resources Regulation 2003
   866.    Declaration about Mineral Resources Regulation 2003
   867.    Application of ss 865 and 866 for all purposes and validation of relevant acts
   868.    Application to all legal proceedings

   PART 17 - VALIDATION PROVISION FOR REVENUE AND OTHER LEGISLATION AMENDMENT ACT 2019

   869.    Giving of documents by Minister under royalty provisions before commencement

   PART 18 - TRANSITIONAL PROVISION FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2020

   870.    Particular existing applications

   PART 18A - (Repealed)

   PART 19 - TRANSITIONAL PROVISIONS FOR MINERAL AND ENERGY RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2020

   871.    Power of Minister to refuse application for mining claim if compensation not determined
   872.    Application or tender for exploration permit made before commencement
   873.    Power to impose or amend condition if changed holder of particular resource authorities
   874.    Application for later specific purpose mining lease or transportation mining lease made before commencement
   875.    Provision of security for particular mining leases
   876.    Provision of security for existing applications for grant or renewal of mining lease
   877.    Power of Minister to refuse application for mining lease if compensation not determined
   878.    Existing applications for grant or renewal of mining lease for prescribed mineral
   879.    Application of amended Act to particular mining leases for prescribed minerals
   880.    Mining lease granted or renewed after transitional period on existing application
   881.    Application for renewal of transitioning mining lease during transitional period
   882.    Application of ch 6, pt 1A, div 3 to proposed initial development plan for transitioning mining lease
   883.    Conferences with eligible claimants or owners or occupiers started before commencement
   884.    Existing authority to carry out remediation activities or rehabilitation activities

   PART 20 - TRANSITIONAL PROVISIONS FOR ROYALTY LEGISLATION AMENDMENT ACT 2020

   885.    Definitions for part
   886.    Application of Taxation Administration Act 2001 to liability for royalty-related amounts
   887.    This Act as revenue law for Taxation Administration Act 2001
   888.    References in Taxation Administration Act 2001
   889.    Application of Taxation Administration Act 2001, s 38 (Applying amounts to current and future tax liabilities)
   890.    Application of Taxation Administration Act 2001, s 138 (Second or subsequent offence)
   891.    Application of ch 11, pt 3 (Royalty administration)
   892.    Proceedings for particular offences
   893.    Revenue commissioner may do particular things
   894.    Delegations
   895.    References to Minister
   896.    Royalty investigators
   897.    Application of former regulation provisions to particular matters
   898.    (Expired)

   PART 21 - TRANSITIONAL PROVISION FOR COAL MINING SAFETY AND HEALTH AND OTHER LEGISLATION AMENDMENT ACT 2022

   899.    Deferral of first rent under s 291

   PART 22 - TRANSITIONAL PROVISION FOR LAND AND OTHER LEGISLATION AMENDMENT ACT 2023

   900.    Application of s 291 to mining leases granted on or after 21 November 2022
           SCHEDULE 1
           Schedule 1A (Repealed)
           SCHEDULE 2


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback