Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 85A

85A Minister may refuse to grant mining claim if compensation not determined

(1) This section applies if—

(a) a person makes an application for the grant of a mining claim; and

(b) compensation in relation to the mining claim has not been determined by agreement between the applicant and each owner of land, or by determination of the Land Court, as mentioned in section 85 (1) (a) ; and

(c) an application under section 85 (4) has not been made to the Land Court for a determination of the amount of compensation in relation to the mining claim; and

(d) 3 months have elapsed since—

(i) if no objection was lodged in relation to the application for the grant of the mining claim—the last objection day for the application; or

(ii) if all objections lodged in relation to the application for the grant of the mining claim are withdrawn under section 71A (1) before being referred to the Land Court under section 72 —the day the chief executive received written notice of the last withdrawal of the objections; or

(iii) if, under section 72 (5) , the Land Court remitted a matter relating to the mining claim to the chief executive—the day the Land Court remitted the matter; or

(iv) if, under section 78 (1) (b) , the Land Court instructed the Minister to grant the mining claim—the day the Land Court gave the instruction; or

(v) if the Governor in Council consented to the grant of the mining claim—the day the Governor in Council consented to the grant.

(2) The Minister may refuse to grant the mining claim.

(3) This section does not limit any other power to refuse to grant a mining claim.