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MINERAL RESOURCES ACT 1989 - SECT 318AAH
General conditions of mining lease (276)
318AAH General conditions of mining lease (276)
(1) Each mining lease is subject to— (a) a condition that the holder must
use the area of the lease for the purpose for which the lease was granted and
in accordance with this Act and the conditions of the lease and for no other
purpose; and
(b) if the holder uses land outside the boundary of the area of
the mining lease for access to the area of the mining lease, a condition that
the holder may use the land only for the following purposes— (i) to
transport, by road across the surface of the land, something that is
reasonably necessary to allow the holder to carry out an authorised activity
for the mining lease;
(ii) to transport, by road across the surface of the
land, any minerals mined under the authority of a mining tenement held by the
holder;
(iii) to construct road transport infrastructure across the surface
of the land that is reasonably necessary for the purpose of transporting a
thing or mineral mentioned in subparagraph (i) or (ii) ; and
(c) a condition
that the holder must carry out improvement restoration for the lease; and
(d)
a condition that the holder, before the end of the lease for whatever cause,
must remove any building or structure purported to be erected under the
authority of the lease and all mining equipment and plant, on or in the area
of the lease unless otherwise approved by the Minister; and
(e) a condition
that without the prior approval of the Minister the holder must not obstruct
or interfere with any right of access had by any person in relation to the
area of the lease; and
(f) a condition that the holder is not to transfer,
mortgage or sublease the lease, or any part of it, unless the Minister is
satisfied that any approval or consent required under the relevant Aurukun
agreement has been given; and
(g) a condition that the holder give, in the
way prescribed under a regulation, all reports, returns, documents and
statements prescribed under a regulation; and
(h) a condition that the holder
give materials obtained under the holder’s mining operations to the Minister
at the times, in the way and in quantities the Minister reasonably requires by
written notice to the holder; and
(i) if the lease is over land that is a
reserve—a condition that the holder comply with the terms and conditions on
which the consent of the owner or the Governor in Council to the grant of the
lease was given; and
(j) if the area of the lease has not been surveyed and a
physical monument is used to define the area’s boundary—a condition that
the holder must maintain the monument;
(k) a condition that the holder make
all payments of compensation and comply with all terms of any agreement or
determination relating to compensation at the time or times agreed or
determined under section 279 , 281 or 282 ; and
(l) a condition that the
holder— (i) pay the rental prescribed under a regulation; and
(ii) pay the
royalty prescribed under a regulation; and
(iii) pay all local government
rates and charges lawfully chargeable against the holder for the area of the
lease; and
(iv) deposit, as required by the Minister, any security from time
to time under this Act; and
(m) a condition that the holder comply with this
Act, other mining legislation and the At Risk agreement; and
(n) any other
conditions stated in the relevant Aurukun agreement to be conditions of the
lease; and
(o) any other conditions decided by the Minister.
(2) Without
limiting subsection (1) , the Minister may decide a condition of the mining
lease if the Minister considers the condition is in the public interest.
(3)
Each mining lease may be subject to a condition that mining operations under
the lease commence within a stated period after its grant.
(4) Conditions
requiring compliance with stated codes or industry agreements may be imposed
for each mining lease.
(5) Despite subsections (1) to (4) , a condition must
not be imposed if it is the same, or substantially the same, or inconsistent
with, a relevant environmental condition for the lease.
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