Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 245

245 Application for grant of mining lease

(1) An application for the grant of a mining lease must—

(a) be in the approved form; and

(b) state the name of each applicant; and

(c) state the name and address for service of 1 person upon whom any notice may be served on behalf of the applicant or the applicants; and

(d) describe all parcels of land the whole or part of which are in or adjoin the proposed lease area; and

(e) state the current use of the land in the proposed lease area and whether it is subject to erosion control works; and

(f) state the names and addresses of the owners of—

(i) the land in the proposed lease area; and

(ii) any land that is to be used to access the land mentioned in subparagraph (i) ; and

(g) define the boundary of the proposed lease area; and

Note—

Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.

(h) define the boundary of each of the following—

(i) any surface area of land to be included in the proposed lease area;

(ii) any restricted land for the proposed mining lease;

(iii) any land outside the boundary of the proposed lease area intended to be used to access the proposed lease area; and

(i) for land mentioned in paragraph (h) (i) —state the purpose for which the land is intended to be used; and

(j) be accompanied by a visual representation of the boundaries and land mentioned in paragraphs (g) and (h) ; and

(k) give reasons why the mining lease should be granted in respect of the area and shape of the proposed lease area; and

(l) identify the mineral or minerals or purpose for which the grant of the proposed mining lease is sought; and

(m) nominate the term of the proposed mining lease and give reasons for the length of term sought; and

(n) be accompanied by a statement, acceptable to the chief executive—

(i) outlining the mining program proposed, its method of operation, and providing an indication of when operations are expected to start or, if a mining program is not proposed, outlining the use proposed for the proposed lease area and providing an indication of when the proposed use is to start; and

(ii) of proposals for infrastructure requirements necessary to enable the mining program to proceed, or additional activities to be carried on to work out the infrastructure requirements; and

(iii) stating the estimated human, technical and financial resources proposed to be committed to authorised activities for the proposed mining lease during the term of the lease, if granted; and

(o) be accompanied by a statement, acceptable to the chief executive and separate from the statement mentioned in paragraph (n) , detailing the applicant’s financial and technical resources; and

(p) be accompanied by—

(i) proof, to the chief executive’s satisfaction, of each applicant’s identity; and

(ii) the number of additional copies of the application, and other documents lodged with the application, the chief executive requires; and

(iii) the application fee prescribed by regulation; and

(q) be lodged.

(2) However, subsection (1) (n) (i) does not apply if, under section 246 or chapter 8 , the application includes a proposed development plan that complies with the initial development plan requirements.

(3) The chief executive must not accept a mining program mentioned in subsection (1) (n) (i) that is inconsistent with the provisions of this Act.