Queensland Numbered Acts Queensland Numbered ActsChapter 15, part 6—
insert—
'In this division—
commencement means the commencement of this division.
pre-amended Act means this Act as in force before the commencement.
former, in relation to a provision of this Act, means the provision as in force before the commencement.
'(1) Subsections (2) and (3) apply to an application for the grant of a mining claim made but not decided before the commencement.
'(2) Former section 61(1)(j)(iv) continues to apply to the application as if the reference in the subparagraph to the mining registrar's satisfaction were a reference to the chief executive's satisfaction.
'(3) Former sections 64 to 64D continue to apply to the application—
(a) as if a reference in the sections, other than former section 64C(2)(a), to a mining registrar were a reference to the chief executive; and
(b) as if the reference in former section 64C(2)(a) were a reference to the Minister.
'(4) Subsection (5) applies to an application for the grant or renewal of a mining claim made but not decided before the commencement.
'(5) Former section 83(1) continues to apply to the application as if the reference in the subsection to the mining registrar were a reference to the Minister.
'(1) Subsection (2) applies to a mining claim in force on the commencement if the claim was granted or renewed more than 5 years before the commencement.
'(2) The condition mentioned in section 81(1)(c) as in force after the commencement applies to the mining claim only if it is renewed after the commencement.
'(3) Subsection (4) applies to a mining claim in force on the commencement if—
(a) the claim was granted or renewed for a term of more than 5 years; and
(b) the fifth anniversary of the grant or renewal of the claim happens within 6 months after the commencement.
'(4) Section 81(1)(c) as in force after the commencement applies to the claim as if the condition under that paragraph required the holder of the claim to give the chief executive a work program for the claim within 7 months after the commencement.
'(1) This section applies to an application for renewal of a mining claim made but not decided before the commencement.
'(2) Section 93(2)(b) as in force after the commencement does not apply to the application.
'(1) This section applies to a person who, immediately before the commencement, is a mining registrar, deputy mining registrar, field officer, other officer or other person appointed under the pre-amended Act, former section 336(1) or (3).
'(2) On the commencement, the person is taken to be appointed as an authorised officer.
'(1) This section applies if, on the commencement, a reference in a former provision to a mining registrar or deputy mining registrar becomes a reference to an authorised officer, the chief executive or the Minister (the replacement entity).
'(2) If necessary or convenient for the operation of this Act—
(a) a thing done by or given to a mining registrar or deputy mining registrar under the former provision is taken to have been done by or given to the replacement entity; and
(b) an application made, or that could be made, to a mining registrar or deputy mining registrar under the former provision is taken to have been made, or may be made, to the replacement entity; and
(c) an approval, permit, lease, licence or other authorisation, however called, or other thing granted or given by a mining registrar or deputy mining registrar under the former provision is taken to have been granted or given by the replacement entity; and
(d) an action taken by, or to be taken by, a mining registrar or deputy mining registrar under the former provision is taken to have been taken, or may be taken, by the replacement entity; and
(e) a decision, direction, recommendation or requirement made by, or to be made by, a mining registrar or deputy mining registrar under the former provision is taken to have been made by, or may be made by, the replacement entity; and
(f) a reference in the former provision to a mining registrar or deputy mining registrar is, if the context permits, taken to be a reference to the replacement entity; and
(g) a reference in a document to a mining registrar or deputy mining registrar is, if the context permits, taken to be a reference to the replacement entity.
'(3) If necessary or convenient for the operation of this Act, the replacement entity may deal with a matter mentioned in subsection (2) in compliance with the Act as in force after the commencement.
'In a document or other Act, a reference to a following term under the pre-amended Act may, if the context permits, be taken as a reference to an authorised officer—
(a) mining registrar;
(b) deputy mining registrar;
(c) relevant officer.
'(1) This section applies to a mining lease or mining leases for corundum, gemstones or other precious stones if—
(a) the area of the mining lease, or combined area of the mining leases, is not more than 20ha; and
(b) for 2 or more mining leases—
(i) the land in the area of the leases is contiguous; and
(ii) the holder of the mining leases is the same entity.
'(2) The holder of the mining lease or mining leases may, within 2 years after the commencement, apply to the Minister to convert the whole area of the mining lease or mining leases to a mining claim or 2 mining claims applying to corundum, gemstones or other precious stones.
'(3) The application must—
(a) be in the approved form; and
(b) state the name of each applicant; and
(c) state the number of the mining lease or mining leases; and
(d) identify, in the way required under section 62(b), the boundaries of the land to be included in the mining claim or mining claims; and
(e) describe all parcels of land the whole or part of which are the subject of the application and state the name and address of each owner of the land and of land that is to be used as access; and
(f) describe and identify, in the way required under section 62(c), the land proposed to be used as access from a point, the chief executive considers appropriate, outside the boundary of the proposed mining claim or mining claims to the land over which the mining claim or mining claims is sought; and
(g) be accompanied by a sketch, map or other graphic representation the chief executive considers appropriate setting out the boundaries of the land to be included in the mining claim or mining claims and the land to be used as access; and
(h) be accompanied by a work program for the activities to be carried out under the mining claim or mining claims; and
(i) identify the mineral or minerals for which the mining claim or mining claims is sought.
'(4) If a mining lease or mining leases are converted to a mining claim or mining claims under this section—
(a) the area of the mining claim or mining claims must include the whole of the surface of the land within the mining lease or mining leases and can not include any other land; and
(b) the term of the mining claim or mining claims end on the first of the following to happen—
(i) the day that is 10 years after the conversion;
(ii) if only 1 mining lease is converted—the day the term of the mining lease would have ended if it had not been converted;
(iii) if more than 1 mining lease is converted—the first day the term of any of the mining leases would have ended if that mining lease had not been converted.
'(5) The Minister must consider an application made under this section and decide to grant or refuse the application.
'(6) The Minister may grant the application if satisfied the holder has complied with the conditions of the relevant mining lease and this Act in relation to the lease.
'(7) If the Minister decides to grant the application, the chief executive must—
(a) give the applicant notice of the decision; and
(b) record particulars of the conversion in the register.
'(8) If the Minister decides to refuse the application, the chief executive must give the applicant notice of the decision and reasons for it.
'(9) On the recording of the particulars of the conversion in the register—
(a) the relevant mining lease is taken to be a mining claim; and
(b) any security deposited under this Act for the lease is taken to be a security deposited for the mining claim.
'(10) If a relevant mining lease is subject to a condition that it can not be renewed or further renewed, the converted mining claim is subject to a condition that it can not be renewed.
'(11) Without limiting section 81 or subsection (10), a converted mining claim is subject to the conditions decided by the Minister and stated on the notice mentioned in subsection (7)(a).
'(12) If the term of a relevant mining lease would, but for this subsection, end before the application is decided, the lease is taken to continue in force until the application is decided.
'(13) In this section—
relevant mining lease, for an application, means the mining lease to which the application relates.'.