Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 298

298 Mining other minerals or use for other purposes

(1) The holder of a mining lease for the mining of minerals may lodge an application in writing with the chief executive for the Minister’s approval to mine specified minerals (other than coal seam gas), being minerals not specified in the mining lease, in respect of the whole or that part of the land specified in the mining lease that is not currently the subject of a mining lease or mineral development licence (or an application for a mining lease or mineral development licence) in respect of those specified minerals.

Note—

See also chapter 8 , part 8 , division 1 .

(2) The application shall be accompanied by the prescribed application fee.

(3) The application and any other application for the grant of a mining lease for the same minerals must be considered and decided according to the day on which they are lodged.

(3A) If the applications were lodged on the same day—

(a) they take the priority the Minister decides, after considering the relative merits of each application; and

(b) the chief executive must give each applicant a written notice stating there is competition for priority between the applicant’s application and another application, or other applications, lodged on the same day as the day on which the applicant’s application was lodged.

(4) The holder of a mining lease granted for purposes (other than mining of minerals) may lodge an application in writing with the chief executive for the Minister’s approval for the addition of such purposes not specified in the mining lease (being not those of mining for minerals), which the Minister accepts are appropriate for the mining lease and are not inconsistent with this Act.

(5) The application shall be accompanied by the prescribed fee.

(6) The holder of a mining lease granted for the mining of minerals may apply in writing to the chief executive for the Minister’s approval for the addition of such purposes not specified in the mining lease as are not inconsistent with this Act.

(7) The application shall be accompanied by the prescribed fee.

(8) The Minister may approve or reject an application under this section.

(9) Without limiting subsection (8) , the Minister may reject the application if the Minister considers the addition is not in the public interest.

(10) Upon the Minister approving an application under this section and compliance by the applicant with any requirements imposed by the Minister, the relevant mining lease shall be deemed to include the specified minerals or, as the case may be, the additional purposes.

Note—

See, however, the Environmental Protection Act , section 426 (Environmental authority required for particular environmentally relevant activities) and chapter 5 , part 13 .

(11) Without limiting subsection (12) (a) , a condition may be imposed on the approval of the Minister if the Minister considers the condition is in the public interest.

(12) An approval of the Minister under this section may be subject to—

(a) conditions; and

(b) the requirement to deposit such security under section 277 as the Minister determines.

(13) The chief executive must record in the register the details of an approval given under this section.