Queensland Numbered Acts

MINING AND OTHER LEGISLATION AMENDMENT ACT 2013 No. 10 - SECT 20

(1) Section 62(2), inserted definition prescribed condition—

omit.

(2) Section 62(2)—

insert—

'prescribed condition see section 21A.

riverine area does not include land outside the flood flow channel of a watercourse.

small scale mining activity means a mining activity that—

(a) is carried out under a mining claim, for corundum, gemstones or other precious stones, the area of which is not more than 20ha, and that—

(i) does not, or will not, at any time cause more than 5ha of land to be significantly disturbed; and

(ii) is not, or will not be, carried out in a wild river high preservation area or wild river special floodplain management area or on strategic cropping land or potential SCL under the Strategic Cropping Land Act 2011; and

(iii) is not, or will not be, carried out in a watercourse or riverine area; and

(iv) is not, or will not be, carried out in or within 1km of an area that, under a regulation, is a category A environmentally sensitive area; and

(v) is not, or will not be, carried out in or within 500m of an area that, under a regulation, is a category B environmentally sensitive area; and

(vi) is not, or will not be, carried out in an area prescribed under a regulation as a designated environmental area for this definition; and

(vii) is not, or will not be, carried out as part of a petroleum activity or a prescribed ERA for which there is an aggregate environmental score prescribed under a regulation; and

(viii) is not, or will not be, carried out by more than 20 persons at any one time; and

(ix) does not, or will not, at any time cause more than 5000m2 of land to be disturbed at a camp site; or

(b) is carried out under an exploration permit, for minerals other than coal, the area of which is not more than 4 sub-blocks and that—

(i) is not, or will not be, carried out in a wild river high preservation area or wild river special floodplain management area or on strategic cropping land or potential SCL under the Strategic Cropping Land Act 2011; and

(ii) is not, or will not be, carried out in a watercourse or riverine area; and

(iii) is not, or will not be, carried out in or within 1km of an area that, under a regulation, is a category A environmentally sensitive area; and

(iv) is not, or will not be, carried out in or within 500m of an area that, under a regulation, is a category B environmentally sensitive area; and

(v) is not, or will not be, carried out in an area prescribed under a regulation as a designated environmental area for this definition; and

(vi) is not, or will not be, carried out as part of a petroleum activity or a prescribed ERA for which there is an aggregate environmental score prescribed under a regulation; and

(vii) does not, or will not, at any time cause more than 1000m2 of land to be disturbed; or

(c) is carried out under a prospecting permit.

small scale mining tenure see section 21A(2).

watercourse—

1 Watercourse means a river, creek or stream in which water flows permanently or intermittently—

(a) in a natural channel, whether artificially improved or not; or

(b) in an artificial channel that has changed the course of the watercourse.

2 Watercourse includes the bed and banks and any other element of a river, creek or stream confining or containing water.'.

Editor's note—

Sections 6 to 20, legislation ultimately amended—

Environmental Protection Act 1994