Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 230

230 Plant remaining on former mineral development licence may be sold etc.

(1) This section applies if the Minister has not received, or has received but not granted, an application for approval to remove plant from the site of a terminated mineral development licence within 3 months after the licence’s termination.

(2) The Minister may—

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

(b) if the plant 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 terminated mineral development licence 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) amounts owing to a mortgagee under a mortgage registered under the Common Provisions Act over the mineral development licence.

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

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

(5A) A secured party can not enforce any security interest in the proceeds of sale against an entity to whom an amount is payable under subsection (3) (a) to (e) .

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

(7) In this section—

"plant" has the meaning given in section 228 (3) .

"PPS Act" means the Personal Property Securities Act 2009 (Cwlth) .

"secured party" has the meaning given by the PPS Act , section 10 .

"security interest" has the meaning given by the PPS Act , section 12 .