Queensland: Mineral Resources Act 1989 (Qld)

Mineral Resources Act 1989 An Act to provide for the assessment, development and utilisation of mineral resources to the maximum extent practicable consistent with sound economic and land use management Chapter 1 Preliminary Part 1 Introduction 1 Short title This Act may be cited as the Mineral Resources Act 1989. 2 Objectives of Act The principal objectives of this Act are to— (a) encourage and facilitate prospecting and exploring for and mining of minerals; (b) enhance knowledge of the mineral resources of the State; (c) minimise land use conflict with respect to prospecting, exploring and mining; (d) encourage environmental responsibility in prospecting, exploring and mining; (e) ensure an appropriate financial return to the State from mining; (f) provide an administrative framework to expedite and regulate prospecting and exploring for and mining of minerals; (g) encourage responsible land care management in prospecting, exploring and mining. Part 2 Application of Act generally etc. 3 Application of Act to Commonwealth land and coastal waters of the State (1) To the extent that the Parliament of the Commonwealth shall have from time to time vested in the Crown in right of Queensland jurisdiction to make such laws with respect thereto, this Act applies in respect of the sea bed and subsoil beneath the internal waters of Australia and beneath the baseline waters of the State and to waters above that sea bed as if that sea bed and subsoil were land within Queensland. (2) This Act applies in respect of land of or vested in the Commonwealth to the extent that from time to time the Parliament of the Commonwealth shall determine. (3) Subsections (1) and (2) shall not be construed to authorise prospecting, exploration or mining of the sea bed and subsoil that by a law of the Commonwealth is excluded from the application of this Act (whether by reference to this Act or to the subject matter of this Act) to the extent of that exclusion. (4) In this section— baseline waters means the waters between the mean low water springs level and the inside of the baseline under the Offshore Minerals Act 1998, section 16. 3A Relationship with petroleum legislation (1) This section does not apply to a coal or oil shale mining tenement. Note— 1 For the relationship between this Act and the Petroleum and Gas (Production and Safety) Act— (a) in relation to coal or oil shale mining tenements, see chapter 8; or (b) otherwise, see the Petroleum and Gas (Production and Safety) Act, section 6 (Relationship with Mineral Resources Act). 2 See also section 386W for the relationship between carrying out activities under section 386V and authorised activities for petroleum authorities or 1923 Act petroleum tenures. (2) Subject to subsections (3) to (9), the Petroleum Act 1923 and the Petroleum and Gas (Production and Safety) Act do not limit or otherwise affect— (a) the power under this Act to grant or renew a mining tenement over land (the overlapping land) in the area of a petroleum authority; or (b) a mining tenement already granted over land (also the overlapping land) in the area of an existing petroleum authority. (3) If the petroleum authority is a petroleum lease or petroleum facility licence and the mining tenement is an exploration permit, mineral development licence, or mining lease, an authorised activity for the mining tenement may be carried out on the overlapping land only if— (a) the petroleum lease or petroleum facility licence holder has agreed in writing to the carrying out of the activity; and (b) a copy of the agreement has been lodged; and Note— For other relevant provisions about lodging documents, see section 386O. (c) the agreement is still in force. (4) If the petroleum authority is a petroleum lease and the mining tenement is a prospecting permit or mining claim, an authorised activity for the mining tenement may be carried out on the overlapping land only if carrying out the activity does not adversely affect the carrying out of an authorised activity for the petroleum lease. (5) Subsection (4) applies whether or not the authorised activity for the petroleum lease has already started. (6) If the petroleum authority is an authority to prospect or pipeline licence and the mining tenement is not a mining lease, an authorised activity for the mining tenement may be carried out on the overlapping land only if— (a) the authority to prospect or pipeline licence holder has agreed in writing to the carrying out of the activity, a copy of the agreement has been lodged and the agreement is still in force; or (b) carrying out the activity does not adversely affect the carrying out of an authorised activity for the authority to prospect that has already started. (7) If the petroleum authority is an authority to prospect and the mining tenement is a mining lease, an authorised activity for the authority to prospect may be carried out on the overlapping land only if— (a) the mining lease holder has agreed in writing to the carrying out of the activity; and (b) a copy of the agreement has been lodged; and (c) the agreement is still in force. (8) Subsection (7) does not apply, or ceases to apply, if the same person holds the authority and the mining lease. (9) This section applies despite any other provision of this Act. 3B Relationship with Geothermal Energy Act 2010 and Greenhouse Gas Storage Act 2009 The relationship between this Act, the Geothermal Energy Act 2010 (the Geothermal Act), the Greenhouse Gas Storage Act 2009 (the GHG storage Act) and authorities under them is provided for under— (a) chapter 9; and (b) the Geothermal Act, chapter 5; and (c) the GHG storage Act, chapter 4. 3BA Relationship with Common Provisions Act The relationship between this Act and the Common Provisions Act is provided for under the Common Provisions Act, section 6. 3BB Relationship with Nature Conservation Act 1992 This Act is subject to the Nature Conservation Act 1992, sections 27 and 70QA. 3C Declaration for Commonwealth Act A mining tenement is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth). 4 Effect of change of baseline (1) If— (a) an offshore area is in the area of an exploration permit, mineral development licence or mining lease (the mining tenement); and (b) there is a change to the inner limit of the coastal waters of the State as defined in the Offshore Minerals Act 1998, section 16(1) and (2); and (c) as a result of the change, the offshore area comes within those coastal waters; this Act applies, while the mining tenement or any successor mining tenement remains in force, as if the area were still within the offshore area. (2) If— (a) a mining lease takes effect immediately after an exploration permit expires; and (b) the holder of the mining lease immediately after it takes effect was the holder of the exploration permit immediately before it expired; the mining lease is a successor mining tenement to the exploration permit for subsection (1). (3) If— (a) a mineral development licence takes effect immediately after an exploration permit expires; and (b) the holder of the mineral development licence immediately after it takes effect was the holder of the exploration permit immediately before it expired; the mineral development licence is a successor mining tenement to the exploration permit for subsection (1). (4) If— (a) a mining lease takes effect immediately after a mineral development licence expires; and (b) the mineral development licence took effect immediately after an exploration permit expired; and (c) the holder of the mining lease immediately after it takes effect was the holder of the mineral development licence immediately before it expired; and (d) the holder of the mineral development licence immediately after it took effect was the holder of the exploration permit immediately before it expired; the mining lease is a successor mining tenement to the exploration permit and the mineral development licence for subsection (1). (5) In this section— offshore area means an area of the sea bed and subsoil to which the Act applies. Part 3 Relationship with Planning Act 4A Effect on development (1) Subject to subsections (2) and (3), the Planning Act does not apply to development authorised under this Act. (2) The Planning Act applies to development on a Queensland heritage place under the Heritage Act even if development of the place is authorised under this Act. (3) The Planning Act applies to building work under the Building Act 1975 that is authorised under this Act, including under a mining tenement. (4) However, the building work is taken to be accepted development for the Planning Act to the extent the building work— (a) would, other than for this subsection, be assessable development under the Planning Act; and (b) complies with the relevant provisions for the building work. (5) In this section— relevant provisions, for building work, see the Building Act 1975, section 21(5). 4B Notice to local government and chief executive (planning) of particular mining tenements (1) This section applies if a mining claim, mineral development licence or mining lease (the mining tenement) is granted or renewed. (2) The chief executive must give notice of the mining tenement to— (a) each local government in whose area the area of the tenement 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 area of the mining tenement; and (b) state that the Planning Act does not apply to development in the area authorised under this Act, other than development on a Queensland heritage place under the Heritage Act; and (c) state that interested persons may obtain details of the mining tenement from 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. Part 4 Interpretation 5 Definitions The dictionary in schedule 2 defines particular words used in this Act. 6 Meaning of mineral (1) A mineral is a substance— (a) normally occurring naturally as part of the earth's crust; or (b) dissolved or suspended in water on or within the earth's crust; or (c) that may be extracted from a substance mentioned in paragraph (a) or (b). (2) Subject to subsection (3), each of the following is a mineral— (a) any type of clay; (b) foundry sand; (c) coal seam gas; Notes— 1 For what is coal seam gas and incidental coal seam gas, see section 318AC. 2 See also chapter 8, part 8, division 1. (d) limestone; (e) marble; (f) a product that may be extracted or produced by an underground gasification process for coal or oil shale (mineral (f)) and another product that may result from the carrying out of the process (also mineral (f)); Examples of underground gasification processes— combustion, consumption, heating, leaching and reaction Example of another product— gas desorbed as a result of an underground gasification process Note— See chapter 12, part 4A for the moratorium relating to mineral (f). (g) peat; (h) salt, including brine; (i) oil shale; Note— For what is oil shale, see section 318AD. (j) silica, including silica sand; (k) rock mined in block or slab form for building or monumental purposes. (3) Despite subsections (1) and (2)— (a) clay (other than kaolin and bentonite) is only a mineral if it is mined for use for its ceramic properties; and Examples of uses of clay for its ceramic properties— • for brick or tile making • for pottery making (b) limestone, silica and silica sand is only a mineral if it is mined for use for its chemical properties; and (c) mineral (f) is only a mineral if— (i) the coal or oil shale, from which it is extracted or produced, is held under a mineral development licence and it has been added to the licence under section 208; or (ii) the coal or oil shale, from which it is extracted or produced, is held under a mining lease and it is specified in the lease; and Note— See chapter 12, part 4A for the moratorium relating to mineral (f). (d) each of the following is not a mineral— (i) soil, sand, gravel or rock (other than rock mentioned in subsection (2)(k)) if it is to be used, or to be supplied for use, as sand, gravel or rock, whether intact or in broken form; (ii) living matter; (iii) steam or water. 6A Meaning of mine (1) Mine means to carry on an operation with a view to, or for the purpose of— (a) winning mineral from a place where it occurs; or (b) extracting mineral from its natural state; or (c) disposing of mineral in connection with, or waste substances resulting from, the winning or extraction. (2) For subsection (1), extracting includes the physical, chemical, electrical, magnetic or other way of separation of a mineral. (3) Extracting includes, for example, crushing, grinding, concentrating, screening, washing, jigging, tabling, electrowinning, solvent extraction electrowinning (SX–EW), heap leaching, flotation, fluidised bedding, carbon-in-leach (CIL) and carbon-in-pulp (CIP) processing. (4) However, extracting does not include— (a) a process in a smelter, refinery or anywhere else by which mineral is changed to another substance; or (b) testing or assaying small quantities of mineral in teaching institutions or laboratories, other than laboratories situated in the area of a mining lease; or (c) an activity, prescribed under a regulation, that is not directly associated with winning mineral from a place where it occurs. (5) For subsection (1), disposing includes, for example, the disposal of tailings and waste rock. (6) A regulation under subsection (4)(c) may prescribe an activity by reference to the quantities of minerals extracted or to any other specified circumstances. 6B Meaning of prospect (1) Prospect means take action to find out about the existence, quality or quantity of minerals on, in or under land by— (a) using a metal detector or a similar handheld instrument; or (b) sampling using only handheld implements, including, for example, hammers, hand augers, panning dishes, picks, shakers, shovels and sieves. (2) However, prospect does not include taking action that is— (a) hand mining; or (b) the removal of minerals for their sale. 6C What is carrying out improvement restoration (1) To carry out improvement restoration, for a mining tenement, means to repair any damage caused by an activity under the tenement to all pre-existing improvements on, or attached to, the area of the tenement by— (a) restoring them to the same, or substantially the same, condition they were in before the damage happened; or (b) replacing them with another improvement in the condition mentioned in paragraph (a). (2) For subsection (1), damage does not include damage to which a requirement to rehabilitate or remediate under the Environmental Protection Act applies. 6D Types of authority under Act The types of authority under this Act are— (a) a prospecting permit; and (b) a mining claim; and (c) an exploration permit; and (d) a mineral development licence; and (e) a mining lease. 7 When educational institution is an eligible person The Minister may treat an educational institution as an eligible person under this Act to enable it to apply for and hold a prospecting permit, mining claim or mining lease only if the Minister is satisfied the activities it intends to carry out under the permit, claim or lease are educational or training activities. 7A [Repealed] 7B [Repealed] Part 5 General provisions for minerals and mining tenements 8 Crown's property in minerals (1) Gold on or below the surface of land is the property of the Crown. (2) Coal— (a) on or below the surface of land that was acquired by the Crown as provided in the Agricultural Lands Special Purchase Act 1901 and subsequently alienated in fee simple by the Crown is the property of the Crown; (b) on or below the surface of land (other than land referred to in paragraph (a)) is the property of the Crown except where that land was alienated in fee simple by the Crown before 1 March 1910 and the grant of that land did not contain a reservation to the Crown of the property in that coal. (3) All minerals (other than coal and gold but including minerals dissolved or suspended in water within or upon the earth's crust) on or below the surface of land in Queensland other than land alienated in fee simple by the Crown pursuant to— (a) the Alienation of Crown Lands Act 1860, section 22; or (b) the Crown Lands Alienation Act 1868, section 32; or (c) the Mineral Lands Act 1872, section 21; are the property of the Crown. (4) Each deed of grant or lease of unallocated State land must contain a reservation of— (a) minerals on and below the surface of the land; and (b) the right of access for prospecting, exploring or mining. (5) Mineral on or below the surface of land that is or becomes road is (to the extent that the mineral, but for this subsection would not be the property of the Crown) on and from the date the land becomes or became road, the property of the Crown. (6) Where land to a specified depth only is or becomes road, subsection (5) applies in respect only of mineral in or below the surface of that land to the specified depth. (7) Nothing in subsections (5) and (6) shall be construed as abrogating any right that the owner of land whose land is compulsorily acquired after the commencement of this Act for the purpose of being used as a road may have under any other Act or law to compensation in respect of that acquisition. 9 Exclusive right of Crown to grant mining leases etc. irrespective of ownership of mineral (1) A person is not competent to grant a lease or to enter into an agreement or arrangement, whether for valuable consideration or otherwise (other than an agreement referred to in section 320(2)(a) or (b)) authorising the prospecting or exploring for mineral or the mining of any mineral therefrom notwithstanding that the mineral is not the property of the Crown. (2) For the purposes of subsection (1) a compensation agreement entered into pursuant to this Act does not authorise prospecting, exploring or mining. (3) Subject to this Act, a mining tenement may be granted over land even though— (a) a deed of grant in fee simple from the State may or may not contain a reservation to the State of the relevant mineral on or below the surface of the land; or (b) the relevant mineral is not the property of the State. (4) Notwithstanding the other provisions of this Act, a person who undertakes any airborne activity to determine the existence of minerals shall notify the Minister after the completion of that activity and shall furnish the Minister such data as the Minister may determine in the particular case. 10 Act does not create estates in land The grant of a mining tenement under this Act does not create an estate or interest in land. 10AAA Extinguishing mining tenement interests on the taking of land in a mining tenement's area (other than by an easement) (1) This section applies to the taking of land, other than by taking or otherwise creating an easement, under a resumption law. (2) Despite any other Act, the taking of land does not extinguish mining tenement interests other than to the extent, if any, provided for in the resumption notice for the taking of the land. (3) The resumption notice for the taking of land may provide for the extinguishment of a mining tenement interest on the taking only to the extent the relevant Minister for the taking is satisfied the interest is incompatible with the purpose for which the land is taken. (4) Without limiting the application of subsection (3), the relevant Minister may be satisfied a mining tenement interest is incompatible with the purpose for which the land is taken if, for that purpose, it is necessary to extinguish all interests in the land, including native title rights and interests. (5) A mining tenement interest may be— (a) wholly extinguished; or (b) partially extinguished by— (i) excluding land from the land the subject of the interest; or (ii) prohibiting the carrying out of activities by the holder of the interest. (6) The resumption notice for the taking of land may provide for the extinguishment of mining tenement interests by reference to either or both of the following— (a) stated land, which— (i) may be all or part of the land that is taken; and (ii) if the stated land is only part of the land that is taken—may be described in the resumption notice in any way, including, for example— (A) as a shape that does not constitute a block or sub-block; or (B) by using 3 dimensionally located points to identify the position, shape and dimensions of each boundary; (b) stated mining tenement interests, which may be all mining tenement interests or mining tenement interests of a particular type. (7) For the taking of land for which mining tenement interests are extinguished as provided by this section— (a) each person's interest in an extinguished mining tenement interest is converted into a right to claim compensation under the resumption law; and (b) the resumption law applies with necessary and convenient changes and with the changes mentioned in subsections (8) and (9) and section 10AAD. (8) The notice of intention to resume for the proposed taking of the land must state the extent to which the mining tenement interests are proposed to be extinguished. (9) The entity taking the land must give the chief executive a written notice that— (a) states the details of the extinguishment; and (b) asks for the extinguishment to be recorded in the register; and (c) is accompanied by a certified copy of the resumption notice. (10) In this section— certified copy, of the resumption notice, means a copy of the original of the notice that has been certified by a justice of the peace as being a correct copy of the original notice. relevant Minister, for the taking of land under a resumption law, means— (a) if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the Minister to whom the application that the land be taken is made under section 9 of that Act; or (b) otherwise—the Minister administering the resumption law under which the land is, or is to be, taken. 10AAB Effect of extinguishment of mining tenement interests on the taking of land in a mining tenement's area (other than by an easement) (1) This section applies if, under section 10AAA, the resumption notice for the taking of land (other than by taking or otherwise creating an easement) under a resumption law provides for the extinguishment of mining tenement interests for stated land. (2) If the resumption notice states that all mining tenement interests relating to the stated land are extinguished and a mining tenement interest relates only to the stated land, the interest is wholly extinguished. (3) If the resumption notice states that all mining tenement interests relating to the stated land are extinguished and a mining tenement interest relates to the stated land and other land— (a) the stated land is no longer the subject of the interest; and (b) without limiting paragraph (a)— (i) the stated land is excluded from the area of the mining tenement comprising the interest, or under or in relation to which the interest exists; and (ii) this Act applies in relation to the area of the mining tenement with necessary and convenient changes to allow for the exclusion of the stated land, including, for example, to allow the area— (A) to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; or (B) to comprise land that is not contiguous; and (iii) for this Act, land in the area of the mining tenement is taken to be contiguous if the land would be contiguous but for the exclusion of the stated land. (4) If the resumption notice states that the carrying out of stated activities on the stated land by holders of stated mining tenement interests is prohibited, the holder of a stated mining tenement interest is not, or is no longer, authorised to carry out the stated activities on the stated land. (5) However, subsections (3) and (4) do not apply in relation to a mining tenement interest that comprises, or exists under or in relation to, a new or renewed mining tenement granted after the land is taken. 10AAC Applications relating to land taken under a resumption law for which mining tenement interests were extinguished (1) The decision-maker for an application for a new mining tenement may, under a grant provision, grant a new mining tenement for an area that includes acquired land only if the decision-maker, after consulting the entity that took the land, is satisfied the grant of the tenement is compatible with the purpose for which the land is being or is to be used. (2) If there are 2 or more applications under this Act for the grant, under a grant provision, of a new mining tenement for an area that includes the same acquired land, the applications are to be dealt with as follows— (a) the applications must be considered and decided according to the day on which they are lodged; (b) if the applications were lodged on the same day— (i) they take the priority the decision-maker decides, after considering the relative merits of each application; and (ii) the chief executive must give each applicant a written notice stating there is competition for priority between the applicant's application and another application, or other applications, lodged on the same day as the day on which the applicant's application was lodged. (3) If a grant provision provides for the grant of a new mining tenement (the new tenement) over land in the area of an existing mining tenement (the existing tenement)— (a) the application under this Act for the new tenement may include acquired land that was, immediately before the taking of the land, in the existing tenement's area; and (b) subject to subsections (1) and (2), the decision-maker for the application may grant a new tenement for an area that includes the acquired land as if the acquired land were in the existing tenement's area. (4) To remove any doubt, it is declared that this section does not affect the operation of the provisions of this Act about the application for, and grant of, a new mining tenement other than to the extent provided for in subsections (1) to (3). (5) In this section— decision-maker, for an application for a new mining tenement, means the entity responsible for granting the tenement. grant provision means a provision of this Act providing for the grant of a new mining tenement. new mining tenement includes a renewed mining tenement. 10AAD Compensation for effect of taking of land in a mining tenement's area on mining tenement interests (1) This section applies if land in a mining tenement's area is taken under a resumption law (including by taking or otherwise creating an easement). (2) In assessing any compensation to be paid to the holder of a mining tenement interest in relation to the taking of the land, allowance can not be made for the value of minerals known or supposed to be on or below the surface of, or mined from, the land. 10AA Joint holders of mining tenement (1) A mining tenement may be held by 2 or more persons as joint tenants or as tenants in common. (2) If— (a) any of the following applications are made for more than 1 proposed holder or transferee— (i) an application for a mining tenement; (ii) an application transfer; (iii) an application to register a transfer of a mining tenement under the Common Provisions Act; and (b) the application does not show whether the proposed holders or transferees are to hold as joint tenants or as tenants in common; and (c) the mining tenement or approval is granted; the chief executive must record in the register that the holders or transferees hold the mining tenement as tenants in common. (3) In this section— mining tenement includes an interest in a mining tenement. 10A Extension of certain entitlements to registered native title bodies corporate and registered native title claimants (1) To the extent that a provision of chapter 2, other than section 19(1) or 34, applies to a prospecting permit granted only for pegging purposes, a reference in the provision to the owner of land is taken to include a reference to any registered native title body corporate under the Commonwealth Native Title Act in relation to any of the land. (2) To the extent that section 31 applies to a prospecting permit granted other than only for pegging purposes, a reference in the section to the owner of land is taken to include a reference to any registered native title body corporate or registered native title claimant under the Commonwealth Native Title Act in relation to any of the land. (3) In sections 34, 125, 231(9) and 317, a reference to the owner of land is taken to include a reference to any registered native title body corporate or registered native title claimant under the Commonwealth Native Title Act in relation to any of the land. (4) In section 386X, and schedule 1 other than schedule 1, section 4, a reference to the owner of land is taken to include a reference to any registered native title body corporate or registered native title claimant under the Commonwealth Native Title Act in relation to any of the land. (5) In this section— pegging purposes, in relation to a prospecting permit, means purposes necessary to enable the holder of the permit to apply for a mining claim or mining lease over the land for which the permit is granted. Part 6 Mining districts 11 Mining districts (1) The chief executive may by gazette notice declare an area of land to be a mining district. (2) The notice must— (a) state the name of the mining district; and (b) give a description, by map or otherwise, of the location and boundaries of the mining district. 12 [Repealed] Chapter 2 Prospecting permits Part 1 Prospecting permit categories and entitlements 13 Definition for pt 1 In this part— holder, of a prospecting permit, includes a person who is an officer, employee, contractor or agent of the holder if the person is in actual possession of— (a) the permit; or (b) the holder's written permission for the person to do something the holder may do under the permit. 14 Categories of prospecting permit (1) A prospecting permit may be granted for— (a) a mining district; or (b) a lot; or (c) 2 or more adjoining lots owned by the same person. (2) A prospecting permit under subsection (1)(a) is a district prospecting permit. (3) A prospecting permit under subsection (1)(b) or (c) is a parcel prospecting permit. 15 Area of land covered by parcel prospecting permit (1) A parcel prospecting permit may be granted for all or part of the land of a lot, or 2 or more adjoining lots owned by the same person. (2) More than 1 parcel prospecting permit may be granted over a lot, or 2 or more adjoining lots owned by the same person. (3) If an application for a parcel prospecting permit is for only part of the land of a lot, or 2 or more adjoining lots owned by the same person, the permit may be granted for all of the area. 16 Land excluded from prospecting permit (1) Land is excluded from a prospecting permit if— (a) it is in the area of a mining claim, mineral development licence or mining lease; or (b) it is covered by an application for a mining claim, mineral development licence or mining lease that has not been finally decided; or (c) it is the subject of a call for mining lease tenders. (2) Also, a prospecting permit may be granted for all or part of a fossicking area only if the application for the permit was made, but not decided, before the land became a fossicking area. (3) However, if the holder of, or applicant for, the mining claim, mineral development licence or mining lease consents in writing to an application for a prospecting permit for land in the area of or covered by the claim, licence or lease, this section does not apply to the application to the extent stated in the consent. (4) In addition, this section does not apply if— (a) the prospecting permit holder is the applicant for the mining claim, mineral development licence or mining lease; and (b) there is no other application for a claim, licence or lease for land in the area of the prospecting permit. 17 Prospecting permit to be granted to a single person A prospecting permit may only be issued in the name of a single eligible person. 18 Entitlements under prospecting permit (1) A holder of a prospecting permit for land may enter the land for— (a) purposes necessary to enable the holder to apply for a mining claim or mining lease over the land; or (b) prospecting purposes; or (c) hand mining for a mineral other than coal. (2) The holder may— (a) enter and leave the land using a reasonable type of transport; and (b) enter and leave the land through land the permit states is access land. 19 Consent required to enter certain land (1) A parcel prospecting permit holder may enter the surface of a reserve for prospecting purposes only with the written consent of the owner of the reserve. (2) A district prospecting permit holder may enter the surface of occupied land only with the written consent of the owner of the land. (3) Also, a prospecting permit holder may enter occupied land for hand mining only with the written consent of the owner of the land. (5) Further, a prospecting permit holder may enter land within 50m laterally of a place where activities are being carried on under an exploration permit only with the written consent of the exploration permit holder. 20 Provisions about consents to enter land (1) This section applies to consents for a prospecting permit holder to enter land. (2) In the absence of evidence to the contrary, the consent of an owner who is a joint tenant or tenant in common with other owners, is taken to be the consent of all the owners. (3) If the owner of land can not be easily contacted, a consent may be given for the land by the land's occupier. Examples of the owner not being easily contacted— 1 The owner does not live in Australia and there is no known current overseas address for the owner. 2 The owner is travelling in Australia and there is no known current address for the owner. (4) Consent under this section may be given on conditions. (5) The holder of a consent must comply with the consent's conditions. Maximum penalty for subsection (5)—10 penalty units. Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 412B, to have also committed the offence. (6) A consent given for land may be amended or withdrawn by the land's owner (or, if given by the occupier, the occupier) by written notice given to the holder and the chief executive. Note— For other relevant provisions about giving the chief executive documents, see section 386O. (7) Subsection (6) applies despite the Common Provisions Act, section 70. Part 2 Other provisions about prospecting permits 21 Application for prospecting permit An application for a prospecting permit for land must— (a) be made in the approved form and lodged with the chief executive; and (b) be accompanied by— (i) proof, to the chief executive's satisfaction, of the applicant's identity; and (ii) the fee prescribed under a regulation; and (c) state the applicant's name, and address for service of notices; and (d) if the application is for a parcel prospecting permit— (i) identify, by sketch and description, or in another way acceptable to the chief executive, the land over which the permit is sought and land proposed to be used as access; and (ii) state the name and address of each owner of occupied land over which the permit is sought; and (iii) state the name and address of each owner of land proposed to be used as access. 22 Reason for rejection of application to be given If the chief executive rejects an application for the grant of a prospecting permit, the chief executive must, within 5 business days after deciding to reject, give the applicant a written notice stating the decision and the reasons for it. 23 [Repealed] 24 Grant of prospecting permit (1) The chief executive may grant a prospecting permit for land if the chief executive is satisfied an eligible person has— (a) made a genuine application that complies with this chapter, and otherwise complied with the requirements of this Act; and (b) deposited the amount of security required to be deposited for the permit. Note— If the application relates to acquired land, see also section 10AAC. (2) If the chief executive is of the opinion that an applicant for a prospecting permit had previously contravened or failed to comply with any provision of this Act, the repealed Acts, any other Act about mining or the Fossicking Act 1994, the chief executive may, whether or not that person had been charged or convicted of an offence in respect of that contravention or failure to comply, reject the application. (3) For subsection (2), a company is taken to have contravened a provision of this Act if the person contravening the provision is— (a) an officer or employee of the company; or (b) someone else who is in a position to control or substantially influence the company's affairs. 24A Details of prospecting permit to be recorded in register The chief executive must record in the register the following details of a prospecting permit— (a) the identification number of the permit; (b) the name of the holder; (c) the address for service of notices on the holder; (d) the description of land for which the permit is granted; (e) the term and date of commencement of the permit; (f) the conditions, other than conditions prescribed under this Act, to which the permit is subject. 25 Conditions of prospecting permit (1) It is a condition of each prospecting permit that the holder must carry out improvement restoration for the permit. (2) A prospecting permit shall be subject to any prescribed conditions and such other conditions as the chief executive shall from time to time impose. (3) In imposing conditions upon the grant of a prospecting permit the chief executive shall take into consideration the possible effect upon the owner of the land of the grant of the permit having regard to the holder's entitlements under that permit and any other subsisting permits. (4) The chief executive may from time to time, by notice in writing to the holder of a prospecting permit vary any condition imposed by the chief executive. (5) Despite subsections (2) to (4), a condition must not be imposed, prescribed or varied if the condition, or the condition as varied, is the same, or substantially the same, or inconsistent with, a prescribed condition under the Environmental Protection Act for carrying out a small scale mining activity. (6) The holder of a prospecting permit and all persons acting under the authority of the permit shall comply with the conditions for the time being of the permit of which notice has been served on the holder. (7) To remove doubt, it is declared that a condition may limit the extent of the holder's entitlements under section 18(1). 25AA Additional conditions of prospecting permit relating to native title (1) Conditions imposed on a prospecting permit by the chief executive under section 25(2) may include native title protection conditions for the permit. (2) Subsection (1) does not limit section 25(2). (3) In this section— native title protection conditions, for a prospecting permit, means conditions that— (a) are about ways of minimising the impact of the permit on native title in relation to the land affected by the permit, including ways of accessing the land and ways anything authorised under the permit may be done; and (b) are identified in the permit as native title protection conditions for the permit. 25A Indigenous land use agreement conditions (1) This section applies if— (a) a registered indigenous land use agreement under the Commonwealth Native Title Act provides for the granting of a prospecting permit; and (b) the State is a party to the agreement; and (c) the agreement includes a requirement that, if the prospecting permit is granted, it must be granted subject to conditions stated in the agreement (the stated conditions); and (d) the prospecting permit is granted. (2) The prospecting permit is subject to the stated conditions. (3) The stated conditions are taken to be conditions of the permit of which notice has been served on the holder of the prospecting permit. 26 Provision of security (1) A prospecting permit shall not be granted until the applicant for the permit deposits the security (if any) determined by the chief executive for compliance with the conditions of the prospecting permit and the provisions of this Act and to rectify any actual damage that may be caused by any person whilst purporting to act under the authority of the permit to pre-existing improvements for the permit. (2) If the chief executive fixes an amount of security under subsection (1), the amount must not be less than the amount prescribed under a regulation. (3) The owner of any land may apply in writing to the chief executive to rectify the damage referred to in subsection (1) that has been caused by any activity allegedly authorised under a prospecting permit in respect of that land. (4) If the chief executive is satisfied (whether or not upon an application referred to in subsection (3)) that damage referred to in subsection (1) has been caused by any person purporting to act under the authority of a prospecting permit the chief executive shall require that person to take all action necessary to rectify that damage. (5) The chief executive may, at any time (whether before or after the expiry or cancellation of a prospecting permit), use all or part of the security deposited for the permit to rectify actual damage caused by someone acting under the permit. (6) If, at any time (whether during or within 20 business days after the expiration of the term of a prospecting permit) the amount or any part of the amount deposited under this section is utilised as provided by subsection (5) or the chief executive considers that, in view of the damage caused or likely to be caused by any person purporting to act under the authority of the prospecting permit or for any other reason, a further amount of security should be deposited in respect of that prospecting permit, the chief executive shall require the holder or former holder of the prospecting permit, within the time specified by the chief executive, to deposit the further security. (7) The chief executive may accept a bond or a guarantee or indemnity by, or other financial arrangement with, a financial institution, insurance company or another credit provider approved by the chief executive or other form of security acceptable to the chief executive as the whole or part of the security to be deposited under this section. (8) It shall be a condition of a prospecting permit that the holder shall deposit security or further security from time to time in accordance with a requirement made as provided by this section. (9) Subsection (10) applies if an amount of security deposited by a holder of a prospecting permit has not been used when the permit terminates and— (a) for a parcel prospecting permit—the owner of the occupied land in the area of the permit— (i) gives the chief executive written approval to refund the security; or (ii) does not make a claim against the security within— (A) 20 business days after the termination; or (B) a longer period (of not more than 3 months) fixed by the chief executive by written notice given to the permit holder and owner; or (b) for a district prospecting permit—an owner of land in the area of the permit does not make a claim against the security within— (i) 20 business days after the termination; or (ii) a longer period (of not more than 3 months) fixed by the chief executive by written notice given to the permit holder and owner. (10) After deducting the amount the chief executive considers should be held for use under subsection (5), the chief executive may refund the balance of the security. (11) The chief executive must refund the amount to the permit holder or in accordance with any written direction the holder gives the chief executive. (12) In the absence of evidence to the contrary, the approval of an owner who is a joint tenant or tenant in common is taken to be the approval of all the owners for subsection (9)(a)(i). (13) Subsection (10) does not limit the chief executive's powers under subsection (15). (14) If— (a) a prospecting permit holder applies for a mining claim or mining lease; and (b) the application has not been finally decided when the permit is terminated; and (c) after the application is decided, an amount held as security under this section is not held as security for the claim or lease; the amount may be refunded under subsection (9). (15) If the chief executive accepts a bond, guarantee or indemnity by, or another financial arrangement with, a financial institution, insurance company or credit provider as security under this section, any amount payable to the holder under subsection (9) or (10) must be refunded to the financial institution, insurance company or credit provider and not to the holder of the prospecting permit to which the security relates. 27 Utilisation of security deposit towards subsequent prospecting permit If the holder of a prospecting permit or an expired prospecting permit makes application for a further prospecting permit, the chief executive may, instead of refunding the whole or part of the security deposited in respect of the existing or expired permit, retain that security or part thereof (together with any further security fixed by the chief executive) as the security (in which case it shall be taken to be or to be part of the security) deposited by the applicant in respect of the application for the further prospecting permit. 28 Compensation (1) Notwithstanding section 26, the Crown or an owner is entitled to recover, from time to time in the Land Court, compensation in respect of damage or injury suffered or loss incurred by reason of a person acting or purporting to act under the authority of a prospecting permit but any moneys paid under that section in respect of rectification of damage the subject of the proceeding shall be taken into account in assessing any compensation. (2) The holder of a prospecting permit is not liable under this section in respect of damage or injury or loss caused by another person who is not a holder and is not a person authorised by the holder to be in the area of the prospecting permit. 29 Term of prospecting permit (1) A prospecting permit may be granted for— (a) if it is a district prospecting permit—1 or more months but not longer than 1 year; or (b) if it is a parcel prospecting permit—3 months. (2) A prospecting permit's term must not start before the day the permit is granted. 30 Rights and obligations extended upon application for mining claim etc. (1) The holder of a prospecting permit who, during the term of the prospecting permit, makes application for the grant of— (a) a mining claim; or (b) a mining lease; in respect of any land in the area of the prospecting permit, shall, during the period from the expiration of the prospecting permit until the determination of the application, for so long as the provisions of this Act and the terms and conditions that would apply if the permit were current are complied with, have all the responsibilities, powers, authorities and duties that the holder would have had in respect of the land the subject of the application if the prospecting permit was current. (2) The entitlements of the holder of a prospecting permit are not reduced or limited by reason only of the holder's application for the grant of a mining claim or a mining lease in respect of any land in the area of the prospecting permit. 31 Chief executive to notify owners of occupied land of grant of parcel prospecting permit (1) Upon granting a parcel prospecting permit, the chief executive must, within 5 business days after the grant, advise the owner of any occupied land specified in the permit including occupied land (other than a reserve for public road) specified as access. (2) Where advice is not in writing, the advice shall be confirmed in writing as soon as practicable. 32 Notice of entry under parcel prospecting permit (1) A parcel prospecting permit holder must give the owner of the land in the area of the permit notice of entry before initial entry is made under the permit. (2) The notice must be given at least 5 business days before the intended entry (or a shorter time acceptable to the owner and endorsed on the notice). (3) If the owner can not be easily contacted, the holder may notify the occupier of the land of the intended entry. Examples of the owner not being easily contacted— 1 The owner does not live in Australia and there is no known current address for the owner. 2 The owner is travelling within Australia and there is no known current address for the owner. (4) However, subsection (1) does not apply to a parcel prospecting permit holder if— (a) the holder satisfies the chief executive it is impracticable to give either the owner or occupier notice of the intended entry; and (b) the chief executive decides to not require the holder to give notice of the intended entry; and (c) the chief executive's decision is recorded in the register. (5) Before recording the decision in the register, the chief executive may require the holder to take the action the chief executive considers appropriate to publicise the intended entry, including, for example, publishing an advertisement in a newspaper or other publication. 33 Prospecting permit not transferable A prospecting permit is not transferable. 34 Report to chief executive by owner of land (1) Where a person purports to enter or be upon land under the authority of a prospecting permit, the owner of that land who considers that that person is not authorised to enter or be upon that land or is not complying with any condition of the prospecting permit or of any provision of this Act may report accordingly to the chief executive. (2) The chief executive shall have the report investigated and shall advise the owner of land who reports under subsection (1) of any action taken upon the report. 35 [Repealed] 36 Cancellation of prospecting permit (1) The chief executive may at any time, by notice in writing in the approved form served on the holder of a prospecting permit or other person apparently acting under the authority of the permit, cancel the permit. (2) A notice cancelling a prospecting permit served pursuant to subsection (1) shall state the reasons for the cancellation. 37 Surrender of prospecting permit The holder of a prospecting permit may, at any time before the expiration of its term, by notice in writing to the chief executive surrender the permit. 38 Appeals about prospecting permits (1) A person whose interests are adversely affected by a decision to which this section applies (the aggrieved person) may appeal against the decision to the Land Court. (2) This section applies to the following decisions of the chief executive— (a) a decision to refuse to grant a prospecting permit; (b) a decision to impose a condition on a prospecting permit; (c) a decision to vary a condition imposed on a prospecting permit; (d) a decision to require an applicant for, or holder of, a prospecting permit to deposit security; Note— For the provision of security, see section 26. (e) a decision about the use of security deposited by a prospecting permit holder towards rectification of damage caused by noncompliance with permit conditions; (f) a decision to cancel a prospecting permit. 39 How to start an appeal (1) An appeal is started by filing a written notice of appeal with the chief executive. (2) The notice of appeal must be filed within 20 business days after the aggrieved person receives notice of the decision appealed against. Note— For other relevant provisions about filing documents, see section 386O. (3) However, if— (a) the decision did not state the reasons for the decision; and (b) the person asked for a statement of reasons for the decision within the period mentioned in subsection (2); the person may make the application within 20 business days after the person is given the statement of reasons. (4) In addition, the Land Court may extend the period for filing the notice of appeal. (5) The notice of appeal must state the grounds of appeal. 40 Stay of operation of decisions (1) The Land Court may stay a decision appealed against to secure the effectiveness of the appeal. (2) A stay— (a) may be given on conditions the Land Court considers appropriate; and (b) operates for the period fixed by the Land Court; and (c) may be revoked or amended by the Land Court. (3) The period of a stay fixed by the Land Court must not extend past the time when the Land Court decides the appeal. (4) A decision, or the carrying out of a decision, is affected by the starting of an appeal against the decision only if the decision is stayed. 41 Hearing procedures (1) In deciding an appeal, the Land Court— (a) is not bound by the rules of evidence; and (b) must observe natural justice. (2) An appeal is by way of rehearing. 42 Powers of Land Court on appeal (1) In deciding an appeal, the Land Court may— (a) confirm the decision appealed against; or (b) set the decision aside and substitute another decision; or (c) set aside the decision and return the issue to the chief executive with directions the Land Court considers appropriate. (2) In substituting another decision, the Land Court has the same powers as the chief executive. Example— The Land Court may decide that an unsuccessful applicant for a prospecting permit be granted the permit and impose conditions on it. (3) If the Land Court substitutes another decision, the substituted decision is taken to be the decision of the chief executive. 43 Minerals taken become property of holder of prospecting permit All minerals mined as a result of hand-mining activities lawfully carried on under the authority of a prospecting permit cease to be the property of the Crown or the person who had property therein and become the property of the holder of the prospecting permit subject however to the rights to royalty payments under this Act of the Crown or any other person. 44 Royalties in respect of minerals taken under prospecting permit The holder of a prospecting permit shall pay in respect of all minerals mined or purported to be mined under the authority of that prospecting permit, the royalty prescribed pursuant to chapter 11. 45 [Repealed] 46 Producing prospecting permit (1) This section applies if— (a) a person purports to enter or be on land under the authority of a prospecting permit; and (b) the owner of the land, or an agent of the owner, asks the person for proof of the person's authority to enter or be on the land. (2) The person must produce the prospecting permit, or a copy of the permit, to the owner or agent. (3) If the person fails to comply with subsection (2), the person does not have any entitlements under this Act during the period of the person's noncompliance. (4) In this section— copy, of a prospecting permit, includes an extract from the register of the details of the permit recorded in the register. 47 Staying on occupied land (1) A person entitled to enter occupied land under a district prospecting permit must not enter land at night without the written consent of the land's owner. Maximum penalty—10 penalty units. (2) A person entitled to enter occupied land under a parcel prospecting permit must not enter the land at night without the written consent of the land's owner or the chief executive. Maximum penalty—10 penalty units. (3) In the absence of evidence to the contrary, the consent of an owner who is a joint tenant or tenant in common is taken to be the consent of all the owners. (4) If the owner of land can not be easily contacted, a consent may be given for the land by the land's occupier. Examples of the owner not being easily contacted— 1 The owner does not live in Australia and there is no known current address for the owner. 2 The owner is travelling within Australia and there is no known current address for the owner. (5) Consent under this section may be given on conditions. (6) The chief executive's consent and any consent conditions must be recorded in the register. (7) A person who enters occupied land at night with a consent under this section must comply with conditions imposed by the owner or occupier of the land or the chief executive. Maximum penalty—10 penalty units. Chapter 3 Mining claims 48 Grant of mining claim (1) A mining claim may be granted over an area of land to an eligible person. Note— See section 61 for the requirements for making an application for the grant of a mining claim. (2) The area of the mining claim must include the whole of the surface area of the land within the area of the mining claim. Note— See, however, section 10AAB(3) if land in the area of the mining claim is taken under a resumption law. 49 Only eligible persons to hold mining claims A mining claim shall not be held by a person who is not an eligible person. 50 Entitlements under mining claim (1) During the currency of a mining claim, the holder of the mining claim and any person who actually works the mining claim as agent or employee of the holder— (a) may in, on or under the area of the mining claim— (i) prospect for any mineral to which the mining claim applies; and (ii) for a mining claim other than a prescribed mining claim—hand mine in accordance with the conditions of the mining claim any mineral to which the mining claim applies; and (iii) for a prescribed mining claim—mine in accordance with the conditions of the mining claim any mineral to which the mining claim applies; and (b) for the purpose of prospecting or mining as provided in paragraph (a) may— (i) enter that area; and (ii) use such machinery, mechanical devices or other equipment as are authorised under this Act to be used for that purpose; and (iii) erect and maintain a structure (including, where authorised so to do by the mining claim, a temporary residence for a person who is bona fide using the area of the mining claim for a purpose for which it was granted) not being of a permanent nature on that area; and (c) for the purpose of mining as provided in paragraph (a)(ii) or (iii), may, subject to compliance with the conditions of the mining claim and any other Act or law, make moderate use of explosives where the mining claim specifically authorises that use. (2) During the currency of the mining claim, the rights of the holder relate, and are taken to have always related, to the whole of the area of the claim. (3) During the currency of a mining claim, a person who delivers goods or substances or provides services to the holder may enter that area for that purpose. (4) Where any Act provides that water may be diverted or appropriated only under authority granted under that Act, the holder of a mining claim shall not divert or appropriate water unless the holder holds that authority. (5) In this section— prescribed mining claim means a mining claim that— (a) applies to corundum, gemstones or other precious stones, and the area of which has been decided by the Minister under section 53; or (b) has been converted from a mining lease