Queensland Numbered Acts

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MINERAL RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2005 No. 8 - SECT 37

37 Replacement of pt 8 (Effect on planning provisions)

Part 8--

omit, insert--

'(1) Subject to subsection (2), the Planning Act does not apply to development authorised under this Act.

'(2) For administering IDAS under the Heritage Act, the Planning Act applies to a registered place under the Heritage Act even if development of the place is authorised under this Act.

'(1) This section applies if a mining claim, mineral development licence or mining lease (the mining tenement) is granted or renewed.

'(2) The mining registrar for the land covered by the mining tenement must give notice of the details of the tenement to--

(a) each local government in whose area the land is situated; and
(b) the chief executive (planning).

'(3) An entity given a notice under subsection (2) must make a note on each relevant map in the local government's planning scheme held by the entity.

'(4) The note must--

(a) identify the land covered by the mining tenement; and
(b) state that the Planning Act does not apply to development on the land authorised under this Act, other than for administering IDAS under the Heritage Act, in relation to a registered place under the Heritage Act; and
(c) state that interested persons may obtain details of the mining tenement from--
(i) for a mining claim or lease--the mining registrar for the land covered by the claim or lease; or
(ii) for a mineral development licence--the chief executive of the department in which this Act is administered.

'(5) In this section--

chief executive (planning) means the chief executive of the department in which the Planning Act is administered.'.



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