Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 401A

401A Protection against liability as condition of approval

(1) This section applies if the holder of a mining tenement, granted after 1 January 1994, applies for an approval under the Common Provisions Act , chapter 2 , part 1 .

(2) As a condition of the grant of the approval, the Minister or chief executive may require any or all of the parties for the mining tenement—

(a) to waive any right to make a claim against the State because of a relevant matter; or

(b) to agree to keep the State, Minister or chief executive harmless against loss arising out of a claim made by anyone because of a relevant matter.

(3) This section is taken to have commenced on 1 January 1994.

(4) In this section—

"claim" includes any action, proceeding and demand.

"holder" of a mining tenement that is a mining lease includes an applicant for the mining lease.

"mining tenement" means—

(a) a mining claim, exploration permit, mineral development licence or mining lease; or

(b) an interest in a mining claim, exploration permit, mineral development licence or mining lease.

"parties" , for a mining tenement, means the following—

(a) the holder of the mining tenement;

(b) for a transfer of the mining tenement—the proposed transferee;

(c) for a mortgage of the mining tenement—the proposed mortgagee;

(d) for a sublease of the mining tenement—the proposed sublessee;

(e) if the mining tenement is subject to a mortgage—the mortgagee.

"relevant matter" means—

(a) the existence of native title; or

(b) a claim or decision that native title to any land in the area of the mining tenement exists; or

(c) a claim or decision that the grant of the mining tenement, or an approval under the Common Provisions Act , chapter 2 , part 1 , is invalid because of—

(i) the existence of native title; or

(ii) a claim or decision that native title to any land in the area of the mining tenement exists; or

(iii) the Native Title Act 1993 (Cwlth) ; or

(iv) any other law relating to native title; or

(d) any action taken under the mining tenement by the holder of the mining tenement, or any person acting for or with the authority of the holder, is unlawful or unauthorised because of—

(i) the existence of native title; or

(ii) a claim or decision that native title to any land in the area of the mining tenement exists; or

(iii) the Native Title Act 1993 (Cwlth) ; or

(iv) any other law relating to native title.