Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 81

81 Conditions of mining claim

(1) Each mining claim shall be subject to each of the following—

(a) a condition that the holder shall use the area of the mining claim bona fide for the purpose for which the mining claim was granted and in accordance with this Act and the conditions of the mining claim and for no other purpose;

(b) if the holder uses land outside the boundary of the area of the mining claim for access to the area of the mining claim, a condition that the holder may use the land only for the following purposes—

(i) to transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mining claim;

(ii) to transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder;

(iii) to construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii) ;

(c) a condition that the holder must—

(i) comply with the mandatory provisions of the small scale mining code to the extent the code applies to the holder; and

(ii) ensure any other person carrying out an authorised activity for the mining claim complies with the mandatory provisions of the small scale mining code to the extent the code applies to the holder;

(d) if the mining claim is granted or renewed for a term of more than 5 years—a condition that the holder must, within 1 month after the fifth anniversary of the following days, give the chief executive a work program for activities to be carried out under the mining claim for the remaining term of the claim—

(i) for a grant of a mining claim—the day the claim is granted;

(ii) for a renewed mining claim—the day the term of the renewed claim started;

(e) a condition that the holder shall furnish at such times and in such manner as required by the Minister reports, returns, documents and statements and other materials whatever;

(f) a condition that the holder shall maintain the surface of the area of the mining claim in a tidy state during the term of the mining claim;

(g) a condition that the holder must carry out improvement restoration for the mining claim;

(h) a condition that prospecting and mining shall be conducted in the area of the mining claim by such method or in such manner as is provided for in or applies in respect of the mining claim;

(i) a condition that the holder—

(i) shall not erect any permanent building or other structure whatever; and

(ii) prior to the termination of the mining claim, for whatever cause, shall remove any building or structure erected by the holder and all mining equipment and plant;

on or in the area of the mining claim;

(j) a condition that without the prior approval of the Minister the holder shall not obstruct or interfere with any right of access had by any person in respect of the area of the mining claim;

(k) where the mining claim is in respect of land that is a reserve, a condition that the holder shall comply with the terms and conditions upon which the consent of the owner or of the Governor in Council to the grant of the mining claim was given;

(l) a condition that the holder shall make all payments of compensation and comply with all terms of any agreement or determination relating to compensation at the time or times as agreed or determined pursuant to section 85 or 86 ;

(m) a condition that the holder—

(i) shall pay the rental as prescribed; and

(ii) shall pay the royalty as prescribed; and

(iii) shall pay all local authority rates and charges lawfully chargeable against the holder in respect of the area of the mining claim; and

(iv) shall deposit as required by the Minister any security from time to time under this Act;

(n) if the area of the mining claim has not been surveyed and a physical monument is used to define the area’s boundary—a condition that the holder must maintain the monument;

(o) a condition that the holder shall comply with this Act and other mining legislation;

(p) such other conditions as are prescribed;

(q) such other conditions as the Minister may impose (including such conditions as the Land Court may determine pursuant to this chapter).

(1AA) Without limiting subsection (1) , the Minister may impose a condition on a mining claim if the Minister considers the condition is in the public interest.

(2) If in any case there is conflict between a condition determined by the Land Court and a condition determined by the Governor in Council, then to the extent of the conflict the determination of the Governor in Council shall prevail.

(3) Despite subsections (1) to (2) , a condition must not be determined, imposed or prescribed if it is the same, or substantially the same, or inconsistent with, a relevant environmental condition for the mining claim.

(4) A mining claim shall contain a condition as to the work commitment required of the holder.

(5) Notwithstanding subsection (1) , if the applicant for a mining claim satisfies—

(a) the Minister; or

(b) the Land Court when giving an instruction under this chapter; or

(c) the Governor in Council when giving consent to the grant of a mining claim under this chapter;

that any of the conditions prescribed in subsection (1) (g) , (i) (ii) and (n) should not be imposed the mining claim may be granted without the imposition of that condition or those conditions.