Queensland Consolidated Regulations

MINERAL RESOURCES REGULATION 2013

- Made under the Mineral Resources Act 1989
- As at 1 September 2023
- Reg 170 of 2013

TABLE OF PROVISIONS

CHAPTER 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Definitions

CHAPTER 2 - MINING TENEMENTS

   PART 1 - PROSPECTING PERMITS

   4.      Conditions—Act, s 25
   5.      Minimum security for district prospecting permit

   PART 2 - MINING CLAIMS

   6.      Amendment of application after survey of contiguous land
   7.      Prescribed areas for particular land—Act, s 53
   8.      Conditions—Act, s 81
   8A.     Prescribed documents—Act, s 93

   PART 3 - EXPLORATION PERMITS AND MINERAL DEVELOPMENT LICENCES

           Division 1 - Exploration permits

   9.      Prescribed areas—Act, ss 127 and 133
   10.     Numbering of application—Act, s 134
   11.     Conditions—Act, s 141

           Division 2 - Mineral development licences

   12.     Conditions—Act, s 194

           Division 3 - Prescribed information for reports

   13.     Activity reports—Act, ss 178A and 231AA
   14.     Expenditure statement for activity report
   15.     (Repealed)
   16.     Partial relinquishment reports and partial surrender reports—Act, ss 178B and 231AB
   17.     Final reports—Act, ss 178C and 231AC
   18.     Giving reports—Act, ss 141 and 194

   PART 4 - MINING LEASES

           Division 1 - Mining lease applications

   19.     Amendment of application after survey of contiguous land
   20.     Person may obtain copy of mining lease application
   20A.    Prescribed documents—Act, s 286

           Division 2 - Required knowledge

   21.     Required level of knowledge about resources or reserves of petroleum

           Division 3 - Conditions applying to mining leases generally

   22.     Conditions—Act, s 276

           Division 4 - Joint interaction management plans

   23.     Application of div 4
   24.     Definitions for div 4
   25.     Requirement for joint interaction management plan
   26.     Content of joint interaction management plan
   27.     Notification of making of joint interaction management plan
   28.     Review
   29.     Holder must stop coal mining operations in particular circumstances

           Division 5 - Reports for coal or oil shale mining leases

   29A.    Activity reports for coal or oil shale mining leases—Act, s 315
   29B.    Relinquishment report for coal or oil shale mining leases—Act, s 315A
   29C.    Surrender report for coal or oil shale mining leases—Act, s 315B
   29D.    Notice of intention to drill a CSG well
   29E.    Notice about completion, alteration or abandonment of CSG well
   29F.    Daily drilling report
   29G.    CSG well completion report
   29H.    CSG well abandonment report

   PART 5 - ADDITIONAL CONDITIONS FOR MINING TENEMENTS RELATING TO PARTICULAR RESTRICTED AREAS

   30.     Application of pt 5
   31.     Conditions about access shafts

   PART 6 - MEASURING AND REPORTING THE TAKING OF ASSOCIATED WATER

   31A.    Requirements for measuring the taking of associated water—Act, s 334ZP
   31B.    Requirements for reporting the taking of associated water—Act, s 334ZP
   31BA.   Requests for further information about calculations
   31C.    Chief executive may review alternative method

   PART 7 - WATER MONITORING BORES

   31D.    Plugging and abandoning water monitoring bores—Act, s 334ZZS

CHAPTER 3 - ROYALTIES

   PART 1 - PRELIMINARY

   32.     Definitions for ch 3
   32A.    Mining operation—Act, s 320

   PART 2 - ROYALTY RETURNS

   33.     Application of pt 2
   33A.    Lodgement with revenue commissioner
   34.     Form of royalty returns
   35.     Period to which a royalty return must relate
   36.     When royalty return must be lodged
   37.     Revenue commissioner may require royalty return to be lodged on particular day
   37A.    Fee for failing to lodge royalty return on time
   38.     No royalty return required in particular circumstances
   38A.    Returns required for coal seam gas

   PART 3 - ROYALTY PAYABLE FOR MINERALS

           Division 1 - Royalty payable

   39.     When royalty payable—yearly return period
   39A.    When royalty payable to person other than the State—quarterly return period
   40.     When and how royalty payable—quarterly return period
   41.     Quarterly payment notice
   42.     Working out monthly payments for quarterly return period generally
   43.     Working out monthly payments for quarterly return period in particular circumstances
   44.     Election to change monthly payments for quarterly return period
   45.     Revenue commissioner may give notice requiring royalty payable to be worked out under s 42
   46.     Royalty payable
   47.     Particular royalties payable on adjustment basis
   48.     Royalty on stocks of mineral for mining operation that has ended

           Division 2 - Exemptions

   49.     Exemption for coal seam gas
   50.     Threshold exemption for relevant minerals

           Division 3 - Discounts for particular minerals

   51.     Particular minerals processed in Queensland

   PART 4 - WORKING OUT VALUES OF MINERALS

   52.     Application of pt 4
   53.     (Repealed)
   54.     Value of minerals

   PART 5 - WORKING OUT GROSS VALUES OF MINERALS

           Division 1 - Preliminary

   55.     Application of pt 5
   56.     Definitions for pt 5

           Division 2 - Gross value of market value minerals

   57.     Meaning of market value mineral
   58.     Gross value of market value minerals

           Division 3 - Gross value of minerals other than market value minerals

              Subdivision 1 - Gross value royalty decisions

   59.     Gross value of minerals other than market value minerals
   60.     Application for gross value royalty decision
   61.     Gross value royalty decision on revenue commissioner’s own initiative
   62.     Considerations in making gross value royalty decision
   63.     Gross value royalty decisions
   63A.    Reference to gross value royalty decision for working out average price of particular minerals

              Subdivision 1A - Expired gross value royalty decisions

   63B.    Use of expired gross value royalty decision
   63C.    Revenue commissioner must reassess amount of royalty payable if particular expired gross value royalty decisions used

              Subdivision 2 - Incorrect gross value royalty decisions

   64.     Obligation to notify incorrect gross value royalty decision
   65.     Revenue commissioner may amend gross value royalty decision
   66.     Notice of amendment

              Subdivision 3 - (Repealed)

              Subdivision 4 - Reassessment if gross value royalty decision amended

   70.     Revenue commissioner must reassess amount of particular royalty payable
   71.     (Repealed)
   72.     (Repealed)
   73.     (Repealed)

   PART 6 - (Repealed)

   PART 7 - CIVIL PENALTY

   77.     Imposition—Act, s 321A
   78.     (Repealed)
   79.     (Repealed)

   PART 8 - UNPAID ROYALTY INTEREST

   80.     (Repealed)
   81.     Unpaid tax interest on royalty—Taxation Administration Act 2001, s 54

   PART 9 - ROYALTY ESTIMATES

   82.     Application of pt 9
   83.     Royalty estimate notices
   84.     Form of and information to be included in royalty estimate
   85.     Revenue commissioner may request information to support royalty estimate

   PART 10 - (Repealed)

CHAPTER 4 - MISCELLANEOUS

   PART 1 - ADMINISTRATION AND JUDICIAL FUNCTIONS

   86.     Amount held by tribunal for compensation trust decision—Act, s 712

   PART 2 - CONFIDENTIALITY PERIODS FOR REQUIRED INFORMATION

   87.     Confidentiality periods for required information for mining tenements
   88.     Publication of required information

   PART 3 - (Repealed)

   PART 4 - ADDITIONAL INFORMATION AND LODGEMENT REQUIREMENTS

   92.     (Repealed)
   93.     Plan of survey must be lodged
   94.     Prescribed way for making applications, giving or lodging documents or making submissions
   95.     (Repealed)

   PART 5 - SMALL SCALE MINING CODE

   96.     Small scale mining code—Act, 391C

   PART 6 - MINING TENEMENTS

   97.     Particular applications can not be accepted
   97A.    Prescribed minerals and prescribed thresholds
   98.     Rental payable
   98A.    Payment of deferred rental for first rental period by instalments—Act, s 291
   98B.    Critical minerals—Act, s 291

   PART 7 - OTHER MISCELLANEOUS PROVISIONS

   99.     Time of lodgement to be noted
   100.    Prescribed hours of business
   101.    Fees
   101A.   Rounding of amount expressed in sch 5, pt 8 as number of fee units

   PART 8 - REPEAL

   102.    Repeal

   PART 9 - TRANSITIONAL PROVISIONS FOR MINERAL RESOURCES REGULATION 2013

   103.    Definitions for pt 9
   104.    Period to which royalty return must relate
   105.    Minerals sold, disposed of or used before commencement
   106.    Existing application for gross value royalty decision
   107.    Existing gross value royalty decisions
   108.    Minister may do particular things
   109.    Threshold exemption for relevant minerals
   110.    References to provisions of repealed regulation

   PART 10 - TRANSITIONAL PROVISIONS FOR WATER REFORM AND OTHER LEGISLATION AMENDMENT ACT 2014

   111.    Application of joint interaction management plan provisions
   111A.   Requirement for joint interaction management plan by particular date
   112.    Requirement for joint interaction management plan relating to overlapping petroleum lease under 1923 Act

   PART 11 - TRANSITIONAL PROVISION FOR REVENUE LEGISLATION (FEES AND OTHER MATTERS) AMENDMENT REGULATION 2019

   113.    Application of ch 3, pt 5, div 3, sdiv 1A to existing gross value royalty decisions

   PART 12 - TRANSITIONAL PROVISION FOR MINERAL RESOURCES AND OTHER LEGISLATION AMENDMENT REGULATION 2019

   114.    Transitional reporting period

   PART 13 - TRANSITIONAL PROVISION FOR ROYALTY LEGISLATION AMENDMENT ACT 2020

   115.    Application of former s 64

   PART 14 - TRANSITIONAL PROVISIONS FOR MINERAL RESOURCES (REPORTING REQUIREMENTS) AMENDMENT REGULATION 2020

   116.    Time for lodgement of particular reports
   117.    Required information lodged before commencement

   PART 15 - TRANSITIONAL PROVISION FOR REVENUE LEGISLATION AMENDMENT ACT 2022

   118.    Coal sold, disposed of or used before commencement
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 2A
           SCHEDULE 3
           SCHEDULE 3A
           SCHEDULE 4
           SCHEDULE 4A
           SCHEDULE 5
           SCHEDULE 6