Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 334ZOA

334ZOA Validation of mining lease granted without issue of instrument of lease

(1) This section applies to a mining lease if—

(a) the lease was granted before the commencement of the Mines and Energy Legislation Amendment Act 2010 , section 52 ; and

(b) either or both of the following apply—

(i) the Minister did not comply with the requirement under former section 271 (1) (a) to recommend to the Governor in Council that an instrument of lease be issued to the applicant for the lease with respect to the whole or part of the land the subject of the application for the lease;

(ii) an instrument of lease was not issued to the holder of the lease.

(2) The mining lease is taken to be, and always to have been, as valid as if the Minister had complied with the requirement mentioned in subsection (1) (b) (i) and an instrument of lease had been issued to the holder of the lease.

(3) Without limiting subsection (2) —

(a) anything done under or in relation to the mining lease is, and was, as valid as if the Minister had complied with the requirement mentioned in subsection (1) (b) (i) and an instrument of lease had been issued to the holder of the lease; and

(b) anything required or allowed to be done in relation to an instrument of lease issued for the mining lease that was not done is, and was, as valid as if—

(i) the Minister had complied with the requirement mentioned in subsection (1) (b) (i) and an instrument of lease had been issued to the holder of the lease; and

(ii) the thing in relation to the instrument of lease had been done; and

(c) the rights and liabilities of all persons are taken to be, and to have been, for all purposes the same as if the Minister had complied with the requirement mentioned in subsection (1) (b) (i) and an instrument of lease had been issued to the holder of the mining lease.

(4) In this section—

"former section 271(1)(a)" means section 271 (1)(a)as in force from time to time before the commencement of the Mines and Energy Legislation Amendment Act 2010 , section 52 .

Note—

The Mines and Energy Legislation Amendment Act 2010 , section 52 commenced on 21 April 2010.