Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 386W

386W Dispute about carrying out activity under s 386V in area of prospecting permit or non-mining resource authority

(1) This section applies if there is a dispute about whether an activity may be carried out under section 386V on land in the area of a prospecting permit or non-mining resource authority, between the following persons (the
"parties" )—

(a) the person carrying out, or intending to carry out, the activity;

(b) the holder of the prospecting permit or non-mining resource authority.

Note—

See schedule 1 , section 5 for conditions on a person carrying out an activity under section 386V on land in the area of a prospecting permit or non-mining resource authority held by someone else.

(2) Either of the parties may, by a notice in the approved form, ask the Minister to decide whether the activity may be carried out under section 386V .

(3) Before making the decision, the Minister must give the parties a reasonable opportunity to make submissions about the request within a reasonable period.

(4) The Minister must, after complying with subsection (3) and considering any submission made under that subsection, decide the matter and give the parties notice of the decision.

(5) The Minister may impose conditions on any decision that the activity may be carried out.

(6) The Minister’s decision binds the parties.

(7) In this section—

"non-mining resource authority" means a resource authority under the Common Provisions Act that is not a mining tenement.