Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 50

50 Entitlements under mining claim

(1) During the currency of a mining claim, the holder of the mining claim and any person who actually works the mining claim as agent or employee of the holder—

(a) may in, on or under the area of the mining claim—

(i) prospect for any mineral to which the mining claim applies; and

(ii) for a mining claim other than a prescribed mining claim—hand mine in accordance with the conditions of the mining claim any mineral to which the mining claim applies; and

(iii) for a prescribed mining claim—mine in accordance with the conditions of the mining claim any mineral to which the mining claim applies; and

(b) for the purpose of prospecting or mining as provided in paragraph (a) may—

(i) enter that area; and

(ii) use such machinery, mechanical devices or other equipment as are authorised under this Act to be used for that purpose; and

(iii) erect and maintain a structure (including, where authorised so to do by the mining claim, a temporary residence for a person who is bona fide using the area of the mining claim for a purpose for which it was granted) not being of a permanent nature on that area; and

(c) for the purpose of mining as provided in paragraph (a) (ii) or (iii) , may, subject to compliance with the conditions of the mining claim and any other Act or law, make moderate use of explosives where the mining claim specifically authorises that use.

(2) During the currency of the mining claim, the rights of the holder relate, and are taken to have always related, to the whole of the area of the claim.

(3) During the currency of a mining claim, a person who delivers goods or substances or provides services to the holder may enter that area for that purpose.

(4) Where any Act provides that water may be diverted or appropriated only under authority granted under that Act, the holder of a mining claim shall not divert or appropriate water unless the holder holds that authority.

(5) In this section—

"prescribed mining claim" means a mining claim that—

(a) applies to corundum, gemstones or other precious stones, and the area of which has been decided by the Minister under section 53 ; or

(b) has been converted from a mining lease under section 816 .