Queensland Numbered Acts

MINERAL RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2005 No. 8 - SECT 43

After section 404--

insert--

'(1) This section applies if railway works for a railway are in, on or near the land to which a mining claim or mining lease relates.

'(2) The holder of the mining claim or mining lease must not excavate the land less than 12 m horizontally, or 15 m vertically, from the railway works.

Maximum penalty--200 penalty units.

'(3) However, subsection (2) does not apply if the holder--

(a) has written consent from the chief executive officer of Queensland Rail;6 and

(b) has lodged the consent with the mining registrar.

'(4) In this section--

railway works, for a railway, means works erected or placed for the railway, and includes, for example, a bridge, culvert, cutting, drain, embankment or pier.

'(1) A person must not, unless the person has a reasonable excuse, interfere with any of the following--

(a) a post, cairn of stones or other thing (a boundary marker), used for marking out the boundary of the land to which an application for a mining claim or mining lease relates;

(b) a certificate of public notice placed, under section 64B(2)(a) or 252B(1)(a)7, on a post or cairn of stones;

(c) a number (a marked number) marked or engraved, under section 64B(2)(b) or 252B(1)(b), on a post or cairn of stones;

(d) a survey mark placed on the land to which an application for a mining claim, mineral development licence or mining lease relates.

Maximum penalty--200 penalty units.

'(2) For subsection (1), it is a reasonable excuse for a person to interfere with a boundary marker, certificate of public notice or marked number, if the marker, certificate or number is no longer required under this Act.

'(3) In this section--

interfere with, a boundary marker, certificate of public notice, marked number or survey mark, includes damage, destroy or remove the marker, certificate, number or mark.

'(1) The following person may, by giving a holder of a mining tenement a notice, require the holder to provide information about the tenement and activities carried on under the tenement--

(a) for a mining claim--a mining registrar;

(b) for another mining tenement--the chief executive.

'(2) The notice must state--

(a) the information that must be provided; and

(b) how the information must be provided; and

(c) the day by which the information must be provided.

'(3) Subject to section 342(11), 8 the holder must comply with the notice.

Maximum penalty--200 penalty units.

'(4) The chief executive may--

(a) use the information to produce statistics and other data; and

(b) publish the statistics and other data produced under paragraph (a).

'(5) However, the use or publication mentioned in subsection (4) must not relate to an exempt matter under the Freedom of Information Act 1992.

'(1) A person must not give the chief executive or a mining registrar (the recipient) a document containing information the person knows is false or misleading in a material particular.

Maximum penalty--200 penalty units.

'(2) Subsection (1) does not apply to a person if the person, when giving the document--

(a) tells the recipient, to the best of the person's ability, how it is false or misleading; and

(b) if the person has, or can reasonably obtain, the correct information--gives the correct information.

'(3) In a proceeding for an offence against subsection (1), it is enough to state the document was 'false or misleading' to the person's knowledge, without specifying which.'.