Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 123

123 Property remaining on former mining claim may be sold etc.

(1) This section applies if the chief executive has not received, or has received but not granted, an application for approval to remove property from the area of a terminated mining claim within 3 months after the claim’s termination.

(2) The chief executive may—

(a) sell the property by public auction or in another way; or

(b) if the property has no commercial value—dispose of or destroy it.

(3) Proceeds of a sale are to be applied in the following order towards—

(a) the reasonable expenses incurred in the sale;

(b) the cost of rectifying actual damage for which an amount of security deposited for the mining claim could have been used but was not used, or was inadequate;

(c) costs and expenses mentioned in the Environmental Protection Act , section 316C ;

(d) amounts owing to the State under this Act by the former holder;

(e) any other amounts owing to the State under the Environmental Protection Act for a relevant environmental authority;

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

(g) amounts owing to a mortgagee by the former holder under a mortgage registered under this Act over the mining claim.

(4) Any balance must be paid to the former holder.

(5) If the chief executive can not decide the identity of, or locate, a person entitled to the proceeds or a part of the proceeds, the chief executive may pay the amount to the public trustee as unclaimed moneys.

(6) Compensation is not payable for a sale, disposal or destruction under this section.