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MINERAL RESOURCES ACT 1989
- As at 19 September 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 (Repealed)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 (Repealed)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 (Repealed)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
321AA. Regulation may not decrease royalty rate for coal
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
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