Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SCHEDULE 1

SCHEDULE 1 – Conditions of carrying out activity for boundary definition purposes

1 Notice of entry to owner or occupier

(1) Before a person first enters land under section 386V , the person must give the owner of the land written notice (an
"entry notice" ) of the proposed entry.

(2) If the owner of the land can not be easily contacted, the person may give the entry notice to the occupier of the land.

Examples of the owner not being easily contacted—

1 The owner does not live in Australia and there is no known current address for the owner.

2 The owner is travelling within Australia and there is no known current address for the owner.

(3) The entry notice must be given at least 10 business days before the intended entry, or a shorter time acceptable to the owner or the occupier and endorsed on the notice.

(4) If the person satisfies the chief executive it is impracticable to give an entry notice to the owner or occupier of the land, the chief executive may, by written notice, dispense with the need to give the notice.

(5) However, before dispensing with the need to give an entry notice, the chief executive may, by written notice, require the person to take the action the chief executive considers appropriate to publicise the proposed entry, including, for example, publishing an advertisement in a newspaper.

(6) If the chief executive requires the person to take action under subsection (5) , the person must take the required action.

2 Consent for restricted land

(1) A person may enter restricted land under section 386V only—

(a) with the written consent of each relevant owner or occupier of the land; and

(b) if any consent is given on conditions—in compliance with the conditions.

(2) Any consent given under this section can not be withdrawn during the period stated in the consent as the period during which the person given the consent may enter the restricted land.

(3) In this section—

"relevant owner or occupier" , for restricted land, means the relevant owner or occupier for the land under the Common Provisions Act , section 69 .

"restricted land" means land within 50m of any area, building or structure mentioned in the Common Provisions Act , section 68 (1) .

3 Consent for entry of occupied land at night

(1) A person may enter occupied land under section 386V at night only—

(a) with the written consent of the owner of the land or the chief executive; and

(b) if the consent is given on conditions—in compliance with the conditions.

(2) In the absence of evidence to the contrary, the consent of an owner who is a joint tenant or tenant in common is taken to be the consent of all the owners.

(3) If the owner of the land can not be easily contacted, a consent may be given for the land by the land’s occupier.

Examples of the owner not being easily contacted—

1 The owner does not live in Australia and there is no known current address for the owner.

2 The owner is travelling within Australia and there is no known current address for the owner.

(4) Consent under this section may be given on conditions which must be stated on the consent.

4 Entry to reserve

(1) A person may enter the surface of a reserve under section 386V only—

(a) if the person has complied with section 1 ; and

(b) if an owner of the reserve imposes conditions on the entry—in compliance with the conditions.

(2) A condition imposed under subsection (1) (b) must be a reasonable and relevant condition about the entry to the reserve or the carrying out of an activity under section 386V on land in the area of the reserve.

5 Consent of holder of, or applicant for, particular mining tenement

(1) A person may enter land under section 386V within 50m laterally of a place where activities are being carried out under an exploration permit only with the written consent of the exploration permit holder.

(2) A person may enter land under section 386V that is in the area of a mining claim, mineral development licence or mining lease held by someone else only with the written consent of the holder of the claim, licence or lease.

(3) A person may enter land under section 386V that is covered by an application for a mining claim, mineral development licence or mining lease made by someone else only with the written consent of the applicant for the claim, licence or lease.

6 Carrying out activity in area of particular resource authorities

(1) A person may carry out an activity under section 386V on land in the area of a prospecting permit or non-mining resource authority held by someone else only if carrying out the activity does not adversely affect the carrying out of an authorised activity for the prospecting permit or non-mining resource authority.

(2) Subsection (1) applies whether or not the authorised activity for the prospecting permit or non-mining resource authority has already started.

(3) In this section—

"non-mining resource authority" means a resource authority under the Common Provisions Act that is not a mining tenement.

7 Compensation

(1) A person who carries out an activity under section 386V on land is liable to pay the owner or occupier of the land compensation for any damage caused by the activity or any injury suffered or loss incurred by the owner or occupier in relation to the activity.

(2) Subsection (1) applies to damage caused by, or injury suffered or loss incurred in relation to, the carrying out of the activity by—

(a) the person; or

(b) another person authorised by the person to carry out the activity.