Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 107

107 Surrender of mining claim

(1) The holder of a mining claim may surrender the mining claim by lodging with the Minister—

(a) a notice of surrender in the approved form; and

(b) a properly completed royalty return, unless it has already been lodged under section 320 (4) ; and

(ba) either—

(i) the royalty payable to the State under section 320 (3) (a) , unless it has already been paid; or

(ii) evidence that the royalty has been paid to another person entitled to the royalty under section 320 (3) (b) ; and

(c) the fee prescribed under a regulation.

(3) Upon a surrender of a mining claim, all adjustments between the holder and the Crown in respect of the payment of rental, fees and other moneys shall be at the discretion of the Minister.

(4) Where any moneys are specified pursuant to subsection (3) as a debt due to the Crown, the Minister may utilise the security deposited in accordance with section 83 for payment thereof.

(5) Nothing in this section shall prevent the Crown from recovering moneys from a person specified in subsection (3) as liable to pay and unpaid (whether directly or through utilisation of the security deposit) by action in the Land Court.

(6) In an action under subsection (5) for the recovery of a debt due to the Crown, the production to the Land Court of a certificate by the Minister certifying the amount of that debt shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the debt and the amount thereof.

(7) Where, at the time when the holder of a mining claim purports to surrender the mining claim, the holder duly makes application for a new mining claim or a mining lease in respect of the whole or part of the area of the current mining claim, the purported surrender shall not take effect unless and until the new mining claim or the mining lease is granted.

(8) Nothing in section 48 or 232 shall prevent the holder of a mining claim, at the time the holder surrenders the mining claim, from applying for the grant of a mining claim or mining lease over the whole or part of the area of the surrendered mining claim and the grant of the mining claim or mining lease applied for.

(9) A surrender of a mining claim (other than a surrender referred to in subsection (7) ) shall take effect on the day next following its acceptance by the Minister.

(10) However, the Minister may accept the surrender only if the Minister is satisfied—

(a) the holder has complied with the condition to carry out improvement restoration for the mining claim; and

(b) any relevant environmental authority has been cancelled or surrendered under the Environmental Protection Act .

(11) If the Minister is not satisfied the holder has complied with the condition, the Minister may, by written notice, give the holder reasonable directions about carrying out improvement restoration for the mining claim.

(12) The holder must comply with the directions.

Penalty—

Maximum penalty for subsection (12) —300 penalty units.