Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 386J

386J Request to applicant about application

(1) For a relevant application under this Act, the chief executive may, by written notice, require the applicant to do all or any of the following within a stated reasonable period—

(a) complete or correct the application if it appears to the chief executive to be incorrect, incomplete or defective;

(b) give the chief executive or another stated officer of the department additional information about, or relevant to, the application;

Example—

The application is for a mining lease. The chief executive may require a document, prepared by an appropriately qualified person, independently verifying a resource model given in the proposed mining program for the lease.

(c) give the chief executive or another stated officer of the department an independent report by an appropriately qualified person, or a statement or statutory declaration, verifying all or any of the following—

(i) any information included in the application;

(ii) any additional information required under paragraph (b) ;

(d) define or further define, in a stated way, the boundary of the area of the proposed mining tenement the subject of the application.

(2) For subsection (1) (b) , if the application is for a mining tenement, a required document may include a survey or resurvey of the area of the proposed tenement carried out by a person who is a cadastral surveyor under the Surveyors Act 2003 .

(3) For subsection (1) (c) , the notice may require the statement or statutory declaration—

(a) to be made by an appropriately qualified independent person or by the applicant; and

(b) if the applicant is a corporation—to be made for the applicant by an executive officer of the applicant.

(4) The giving of a statement for subsection (1) (c) does not prevent the chief executive from also requiring a statutory declaration for the subsection.

(4A) Without limiting subsection (1) (d) , the chief executive may require the applicant to install, move or remove a physical monument.

(5) The applicant must bear any costs incurred in complying with the notice.

(6) The chief executive may extend the period for complying with the notice.

(7) In this section—

"application" does not include—

(a) an application to a court or tribunal; or

(aa) an EP tender; or

(b) an internal review application under chapter 13 , part 1 .

"executive officer" , of a corporation, means a person who is concerned with or takes part in its management, whether or not the person is a director or the person’s position is given the name of executive officer.

"information" includes a document.

"relevant application" means an application, other than an application relating to a prospecting permit.