Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 53

53 Area and shape of mining claim land

(1) Subject to subsection (1A) , the land for which a mining claim may be granted—

(a) must be—

(i) rectangular in shape; or

(ii) of the dimensions prescribed under a regulation; and

(b) must be more or less the prescribed area.

(1A) For a mining claim that applies to corundum, gemstones or other precious stones, the Minister also may grant the claim for an area, of not more than 20ha, decided by the Minister (the
"decided area" ).

(2) Despite subsection (1) (a) , the Minister may, for a particular mining claim for which an area is not decided by the Minister, accept an application for a mining claim over land of a different shape.

(2A) In deciding the area of a mining claim for subsection (1A) , the Minister must have regard to—

(a) whether the area of land is mineralised; and

(b) whether the area of land is of an appropriate size and shape in relation to the mineralisation; and

(c) the type and location of activities to be carried out under the mining claim.

(3) The prescribed area of the land over which a mining claim for which an area is not decided by the Minister may be granted is—

(a) 1ha; or

(b) where the land is within a mining district or part of a mining district in respect of which, for the purposes of this section, an area is prescribed by regulation, that area;

whichever is the smaller.

(3A) Subsection (3B) applies to a mining claim for which an area is decided by the Minister if the land to which the mining claim applies is within an area prescribed by regulation under subsection (3) (b) .

(3B) Despite subsection (1A) , the Minister can not decide an area for the mining claim that is more than the area prescribed by regulation.

(4) Where it is found that the area of a mining claim exceeds the prescribed area or the decided area, the mining claim is not thereby invalidated but the following provisions of this subsection shall be complied with.

(5) The chief executive must notify the holder that the land exceeds the prescribed area or decided area.

(6) If at the expiration of 20 business days after the giving of a notice pursuant to subsection (5) —

(a) the mining claim has not been varied, by agreement between the Minister and the holder, to reduce the area of land to or to less than the prescribed area or decided area; or

(b) the holder has not made application to the Land Court to determine whether the subject area exceeds the prescribed area or decided area or to determine the variation thereof to reduce the area to the prescribed area or decided area;

the Minister shall without further notice cancel the mining claim.