Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 10AAB

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

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

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

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

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

(b) without limiting paragraph (a) —

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

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

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

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

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

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

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