Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 317C

317C What is a prescribed mineral mining lease

(1) A mining lease for a prescribed mineral is a
"prescribed mineral mining lease" if—

(a) when the lease is granted or renewed, there is a development plan for the lease; or

(b) paragraph (a) does not apply to the lease and, at least once, a threshold amount of the prescribed mineral has been mined—

(i) if the mining lease is part of a mining project—under the mining project in a project year for the project; or

(ii) otherwise—under the lease in a lease year for the lease.

(2) However, a mining lease to which subsection (1) (b) applies does not start to be a prescribed mineral mining lease until immediately after the threshold year for the lease ends.

(3) This section applies subject to section 317X .

Note—

Section 317X provides for the circumstances in which a mining lease stops being a prescribed mineral mining lease.

(4) To remove any doubt, it is declared that a mining lease for a prescribed mineral continues to be a prescribed mineral mining lease even if a threshold amount of the prescribed mineral is not mined—

(a) for a lease to which subsection (1) (a) applies—under the lease in any lease year for the lease or, if the lease is part of a mining project, under the mining project in any project year for the project; or

(b) for a lease to which subsection (1) (b) applies—under the lease in any lease year for the lease after the threshold year or, if the lease is part of a mining project, under the mining project in any project year for the project after the threshold year.

(5) In this section—

"threshold year" , for a mining lease, means—

(a) if the lease is part of a mining project—the first project year in which a threshold amount of a prescribed mineral is mined under the mining project; or

(b) otherwise—the first lease year in which a threshold amount of a prescribed mineral is mined under the lease.