Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SCHEDULE 2

SCHEDULE 2 – Dictionary

"abandoned mine" ...

"abandoned mine site" , for chapter 13 , part 4 , see section 344 .

"access agreement" ...

"accommodates" , in relation to a worker, for chapter 12 , part 4C , see section 334ZJM .

"acquired land" —

1 Land is
"acquired land" if—

(a) it was taken under a resumption law, other than by taking or otherwise creating an easement; and

(b) under section 10AAA , all mining tenement interests relating to the land were extinguished on the taking.

2 However, land mentioned in paragraph 1 stops being
"acquired land" if it is included in the area of a new or renewed mining tenement granted under this Act.

(a) for an exploration permit—see section 178A (a) ; or

(b) for a mineral development licence—see section 231AA (a) ; or

(c) for a mining lease—see section 315 (1) (a) .

†¢ section 38

†¢ section 116 .

1 The
"area" , of a mining tenement, is the land to which the tenement is subject.

Note—

See, however, section 10AAB in relation to the exclusion of land from a mining tenement’s area following the taking of the land under a resumption law.

2 The
"area" , of a petroleum tenure, is the land to which the tenure is subject as recorded in the register.

3 The
"area" , of a GHG authority, is the land to which the authority is subject, as recorded in the register.

4 The
"area" , of a geothermal tenure, is the land to which the tenure is subject, as recorded in the register.

5 The
"area" , of an application for the grant of a mining tenement, a petroleum tenure, a GHG authority or a geothermal tenure, is the land the subject of the application.

1
"Aurukun project" means a project for the extraction, transportation and processing of bauxite on—

(a) land that is more or less the land described as ‘restricted area 315’ (RA315) under this Act; or

(b) a part of the land mentioned in paragraph (a) .

2
"Aurukun project" includes the construction and operation of works, including, for example, mining equipment, electricity generation plants and related distribution infrastructure, pipelines, telecommunications infrastructure, water storage and distribution infrastructure, buildings, conveyors, roads or railways on land near Aurukun and Weipa.

1 An
"authorised activity" , for a mining tenement, is an activity that its holder is, under this Act or the tenement, entitled to carry out in relation to the tenement.

Note—

The carrying out of particular activities on particular land in a mining tenement’s area may not be authorised following the taking of the land under a resumption law. See section 10AAB .

2 An
"authorised activity" , for a petroleum tenure, is an activity that its holder is, under the Petroleum Act 1923 , the Petroleum and Gas (Production and Safety) Act or the tenure, entitled to carry out in relation to the tenure.

3 An
"authorised activity" , for a GHG authority, is an activity that its holder is, under the GHG storage Act or the authority, entitled to carry out in relation to the authority.

4 An
"authorised activity" , for a geothermal tenure, is an activity that its holder is, under the Geothermal Act or the tenure, entitled to carry out in relation to the tenure.

(a) for a call for EP (coal) tenders or EP (non-coal) tenders—see section 136C (2) (c) ; or

(b) for a call for mining lease tenders—see section 317Z (2) (b) .

(a) a company;

(b) a registered foreign company.

(a) for a prescribed mineral mining lease, see section 317E (1) ; or

(b) for a coal or oil shale mining lease, see section 318AH (1) .

(a) other than for chapter 5 , part 2 and chapter 6 , part 2 —

(i) an adult; or

(ii) a company; or

(iii) a local government that acquires a mining claim or mining lease under the Local Government Act 2009 for overdue rates and charges; or

(iv) an educational institution the Minister treats as an eligible person under section 7 ; and

(b) for chapter 5 , part 2 and chapter 6 , part 2 —a person who is a party to an Aurukun agreement with the State.

(a) generally—includes remain on the land; and

(b) for chapter 13 , part 4 —see also section 344 .

(a) means an event that—

(i) affects the carrying out of authorised activities under the permit; and

(ii) is beyond the control of the holder of the permit; and

(iii) could not reasonably have been prevented by the holder of the permit; and

(b) does not include a takeover bid under the Corporations Act , chapter 6 made or proposed by another entity in relation to the holder of the permit.

(a) prospecting;

(b) using instruments, equipment and techniques appropriate to determine the existence of any mineral;

(c) extracting and removing from land for sampling and testing an amount of material, mineral or other substance in each case reasonably necessary to determine its mineral bearing capacity or its properties as an indication of mineralisation;

(d) doing anything else prescribed under a regulation.

(a) for an exploration permit—see section 178C (a) ; or

(b) for a mineral development licence—see section 231AC (a) .

(a) any relevant provisions of the Commonwealth Native Title Act ;

(b) any registered indigenous land use agreement under that Act.

(a) for a prospecting permit, exploration permit, mining claim, mineral development licence or mining lease, means the person in whose name the permit, claim, licence or lease is recorded, and, for chapter 2 , part 1 , includes a person mentioned in section 13 , definition holder ; or

(b) of an environmental authority or PRCP schedule, for chapter 13 , part 4 , see section 344 .

(a) the reasons for the decision; and

(b) that the holder may appeal against the decision; and

(c) how to appeal.

(a) for a proposed mining lease for a prescribed mineral—see section 317J ; or

(b) for a mining lease for a prescribed mineral—see section 317K ; or

(c) for a proposed coal or oil shale mining lease—see section 318DS .

(a) land within the beds and banks of all streams, watercourses and inundated land; and

(b) land beneath the internal waters of Queensland; and

(c) the sea bed and subsoil to which this Act applies; and

(d) waters in, upon and above land; and

(e) subterranean land.

(a) an application for a mining claim—see section 64 (3) (d) ; or

(b) an application for a mining lease—see section 252 (3) (e) .

(a) for a prescribed mineral mining lease—see section 317Q ; or

(b) for a coal or oil shale mining lease—see section 318ED (4) .

(a) on the day the mining lease was granted; and

(b) on each anniversary of that day.

(a) was drilled for the purpose (the
"original purpose" ) of—

(i) exploration or production of mineral or petroleum resources; or

(ii) informing the exploration or production of mineral or petroleum resources; and

(b) is no longer in use for the original or another purpose.

(a) generally, see section 6 ; and

(b) for section 121 or 122 , see section 121 (4) ; and

(c) for section 312 or 313 , see section 312 (4) .

(a) for chapter 5 , part 2 —a mineral development licence under chapter 5 , part 2 ; and

(b) other than for chapter 5 , part 2 —a mineral development licence under chapter 5 , part 1 or 2 .

(a) a mining tenement; or

(b) a tenure held from the State under another Act about mining under which tenure the holder is authorised to carry out mining or a related mineral or energy resources activity.

(a) for chapter 6 , part 2 —a mining lease under chapter 6 , part 2 ; or

(b) other than for chapter 6 , part 2 —a mining lease under chapter 6 , part 1 or 2 .

(a) the mining lease notice for the application given under section 252 ; or

(b) if the mining lease notice has been reissued under section 253 —the reissued notice.

(a) a determination under section 320 (8) ; or

(b) a regulation under section 320 (9) .

(a) comprised of activities carried out under 2 or more mining leases; and

(b) for which an environmental authority is in force.

(a) a mining tenement; or

(b) a right existing under, or in relation to, a mining tenement.

(a) if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the notice of intention to resume under the ALA ; or

(b) otherwise—the notice, however named, required to be given under the resumption law to notify persons of the proposed taking.

(a) who, under an Act or a lease registered under the Land Title Act 1994 , has a right to occupy the place, other than under a mining interest, petroleum tenure, licence under the Petroleum and Gas (Production and Safety) Act , GHG authority or geothermal tenure; or

(b) to whom an owner of the place or another occupier under paragraph (a) has given the right to occupy the place.

(a) Common Provisions Act ;

(b) Coal Mining Safety and Health Act 1999 ;

(c) Explosives Act 1999 ;

(d) Fossicking Act 1994 ;

(e) Mining and Quarrying Safety and Health Act 1999 ;

(f) Petroleum Act 1923 ;

(g) Petroleum and Gas (Production and Safety) Act 2004 .

(a) for a reserve (other than land that is a reserve merely because it is in the wet tropics area and land that is rail corridor land)—

(i) if the reserve is a road—the entity having control of the road; or

(ii) if the reserve is a resources reserve under the Nature Conservation Act 1992 for which there are trustees—the trustees for the reserve; or

(iii) if the reserve is DOGIT land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 —the trustees for the land; or

(v) if Aboriginal land under the Aboriginal Land Act 1991 is taken to be a reserve because of section 202 (2) or (4) (b) of that Act—the trustee of the land; or

(vi) if Torres Strait Islander land under the Torres Strait Islander Land Act 1991 is taken to be a reserve because of section 151 (2) of that Act—the trustee of the land; or

(vii) if subparagraphs (i) to (vi) do not apply—the Minister responsible for administering the Act under which it is a reserve; or

(b) for freehold land—the registered owner of the land; or

(c) if a person is, or will on performing conditions, be entitled to a deed of grant in fee simple for the land—the person; or

(d) if an estate in fee simple of the land is being purchased from the State—the purchaser; or

(e) for a State forest or timber reserve under the Forestry Act 1959 —the chief executive of the department responsible for the administration of the Forestry Act 1959 ; or

(f) for land that, under the Aboriginal and Torres Strait Islander Land Holding Act 2013 , is lease land for a 1985 Act granted lease or a new Act granted lease—the lessee; or

(g) for a person who holds land from the State under an Act (other than an Act about mining or petroleum) under another kind of lease or occupancy (other than occupation rights under a permit under the Land Act 1994 ) of the land—the person;

(h) for a forest entitlement area under the Forestry Act 1959 —the chief executive of the department responsible for the administration of the Forestry Act 1959 ; and

(ha) for a licence area under the Forestry Act 1959 —the plantation licensee for the licence area under that Act; and

(i) for land in the wet tropics area—the Wet Tropics Management Authority; and

(j) for rail corridor land—

(i) if the rail corridor land is existing rail corridor land or new rail corridor land under the Transport Infrastructure Act 1994 —the Minister administering chapter 7 of that Act; or

(ii) if the rail corridor land is land taken or acquired under the State Development and Public Works Organisation Act 1971 for the purpose of a railway—the Coordinator-General under that Act.

(a) a peg or post inserted in the ground; or

(b) a cairn.

(a) for a development plan for a prescribed mineral mining lease—see section 317E (3) ; or

(b) for a development plan for a coal or oil shale mining lease—see section 318AH (3) .

Examples of an improvement—

1 a bridge, building, fence, stock yard or other structure

2 equipment, machinery or plant

(a) for the grant of an exploration permit—see section 137 ; or

(b) for a call for mining lease tenders—see section 317Z (6) .

(a) for section 121 , 122 or 123 , see section 121 (4) ; and

(b) for section 312 , 313 or 314 , see section 312 (4) .

(a) existing rail corridor land or new rail corridor land under the Transport Infrastructure Act 1994 ; or

(b) land taken or acquired under the State Development and Public Works Organisation Act 1971 for the purpose of a railway.

(a) for a mineral development licence—the Aurukun agreement for the Aurukun project for which the licence was granted; or

(b) for a mining lease—the Aurukun agreement for the Aurukun project for which the lease was granted.

(a) land that is—

(i) a road; or

(ii) a State forest or timber reserve under the Forestry Act 1959 ; or

(iii) a resources reserve under the Nature Conservation Act 1992 ; or

(iv) Aboriginal land under the Aboriginal Land Act 1991 taken to be a reserve because of section 202 (2) or (4) (b) of that Act; or

(v) Torres Strait Islander land under the Torres Strait Islander Land Act 1991 taken to be a reserve because of section 151 (2) of that Act; or

(vi) rail corridor land; or

(vii) vested in—

(A) the Minister administering the Education (General Provisions) Act 2006 ; or

(B) QR Limited ACN 124 649 967; or

(BA) a rail government entity; or

(C) the Queensland Housing Commission; or

(D) the Minister responsible for the construction of public buildings or the chief executive of that Minister’s department; or

(viii) held under the Transport Planning and Coordination Act 1994 ; or

(ix) contained in a deed of grant in trust under the Land Act 1994 , or granted in trust under another Act, for a purpose mentioned in the Land Act 1994 , section 14 (2) ; or

(x) contained in a reserve under the Land Act 1994 or another Act for a purpose mentioned in the Land Act 1994 , section 31 (1) (a) to (c) ; or

(xi) dedicated as a reserve under the Land Act 1994 , section 31 (1) (d) ; or

(b) land within the wet tropics area;

(a) means a law that provides for the compulsory acquisition of land, including, for example, the following—

(i) the ALA , including as applied by another law providing for an entity to take land under the ALA as if the entity were a constructing authority under the ALA ;

Examples of other laws for subparagraph (i)—

†¢ Electricity Act 1994 , section 116

†¢ South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , section 53AY

(ii) the Land Act 1994 , chapter 5 , part 3 , division 3 ;

(iii) the Petroleum and Gas (Production and Safety) Act 2004 , sections 456 to 458 ;

(iv) the Queensland Reconstruction Authority Act 2011 , section 99 ;

(v) the State Development and Public Works Organisation Act 1971 , section 82 or 125 ;

(vi) the Transport Planning and Coordination Act 1994 , section 25 or 26 ; but

(b) does not include the Land Act 1994 , chapter 5 , part 3 , divisions 1 and 2 .

(a) if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the gazette resumption notice under the ALA for the taking; or

(b) otherwise—the instrument giving effect to the taking.

(a) Alcan Queensland Pty. Limited Agreement Act 1965 ;

(b) Central Queensland Coal Associates Agreement Act 1968 ;

(c) Central Queensland Coal Associates Agreement and Queensland Coal Trust Act 1984 ;

(d) Central Queensland Coal Associates Agreement (Amendment) Act 1986 ;

(e) Central Queensland Coal Associates Agreement Amendment Act 1989 ;

(f) Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957 ;

(g) Mount Isa Mines Limited Agreement Act 1985 ;

(h) Queensland Nickel Agreement Act 1970 ;

(i) Queensland Nickel Agreement Act 1988 ;

(j) Thiess Peabody Coal Pty. Ltd. Agreement Act 1962 ;

(k) Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Act 1965 .

(a) for a call for EP (coal) tenders or EP (non-coal) tenders—see section 136C (2) (g) (ii) ; or

(b) for a call for mining lease tenders—see section 317Z (2) (d) (iii) .

(a) the holder’s underground water obligations under the Water Act , chapter 3 ; and

(b) any other obligation under the Water Act , chapter 3 with which the holder is required to comply, if failure to comply with the obligation is an offence against that Act.

Examples of another obligation under the Water Act, chapter 3 with which the holder may be required to comply—

• giving an underground water impact report under section 370 of that Act

• preparing and complying with a baseline assessment plan under sections 397 and 400 of that Act

(a) for activities to be carried out under a mining claim, means a document containing the following information about the activities—

(i) the mining method to be used;

(ii) details of water storage facilities for the area of the mining claim;

(iii) information about mine workings on or to be located on the area of the claim or land adjoining the claim;

(iv) the quantity of minerals to be mined;

(v) the treatment methods to be used on the mined minerals;

(vi) details of electrical equipment and explosives to be used for the activities;

(vii) information about the proposed hours of operation and the number of employees for the activities;

(viii) details of any buildings or other structures, including, for example, sheds and temporary accommodation buildings, located or to be located in the area;

(ix) other information about the activities prescribed by regulation; or

(b) for a term of an exploration permit—see section 130AA (1) .