(b) to establish a legal framework aimed at ensuring that— S. 2(1)(b)(i) substituted by No. 6/2009 s. 5(1)(a). (i) mineral and stone resources are developed in ways that minimise adverse impacts on the environment and the community; and (ii) consultation mechanisms are effective and appropriate access to information is provided; and S. 2(1)(b)(iii) substituted by No. 6/2009 s. 5(1)(b). (iii) land which has been mined or from which stone has been extracted or removed is rehabilitated; and S. 2(1)(b)(iv) amended by No. 6/2009 s. 5(1)(c). (iv) just compensation is paid for the use of private land for exploration or mining; and (v) conditions in licences and approvals are enforced; and S. 2(1)(b)(vi) amended by No. 86/1993 s. 4. (vi) dispute resolution procedures are effective; and s. 2 S. 2(1)(b)(vii) inserted by No. 86/1993 s. 4, amended by Nos 82/2000 s. 3, 55/2010 s. 47. (vii) the health and safety of the public is protected in relation to work being done under a licence; and S. 2(1)(c) inserted by No. 82/2000 s. 3, amended by No. 6/2009 s. 5(2). (c) to recognise that the exploration for, and mining or extraction of, mineral resources and stone must be carried out in a way that is not inconsistent with the Native Title Act 1993 of the Commonwealth and the Land Titles Validation Act 1994. S. 2(2) repealed by No. 6/2009 s. 5(3). * * * * *
mine means any land on which mining is taking place under a licence; miner's right means a miner's right under Part 5; S. 4(1) def. of mineral amended by Nos 7/1994 s. 4, 71/2001 s. 3(1)(a). mineral means any substance which occurs naturally as part of the earth's crust— (a) including— (i) oil shale and coal; and (ii) hydrocarbons and mineral oils contained in oil shale or coal or extracted from oil shale or coal by chemical or industrial processes; and (iii) any substance specified in Schedule 4; s. 4 (b) excluding water, stone, peat or petroleum; minerals exemption means an exemption that was granted under section 293 or 293A of the Mines Act 1958 and that was current immediately before the commencement of this section; S. 4(1) def. of mineral resource inserted by No. 59/2010 s. 4(c). mineral resource means a concentration of a mineral or minerals that is or may be economically viable to mine; mining means extracting minerals from land for the purpose of producing them commercially, and includes processing and treating ore; S. 4(1) def. of mining infringement repealed by No. 6/2009 s. 6(3)(c). * * * * *
cement products substantially from stone so extracted or removed; register means the mining register kept under Part 6; registered means registered in the mining register; S. 4(1) def. of registrar amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 82/2000 s. 4(h). * * * * * s. 4 S. 4(1) def. of rehabilitation bond inserted by No. 63/2006 s. 6(1)(c). rehabilitation bond means a rehabilitation bond referred to in section 80; S. 4(1) def. of rehabilitation plan inserted by No. 63/2006 s. 6(1)(c). rehabilitation plan means a rehabilitation plan referred to in section 79; S. 4(1) def. of responsible authority inserted by No. 6/2009 s. 6(1). responsible authority in relation to a planning scheme has the same meaning as in the Planning and Environment Act 1987; S. 4(1) def. of restricted Crown land inserted by No. 86/1993 s. 5(1)(e). restricted Crown land means any land specified in Schedule 3; search means search for minerals using no equipment for the purposes of excavation other than non-mechanical hand tools;
S. 4(1) def. of specified work plan inserted by No. 59/2010 s. 32. specified work plan means a work plan for work in respect of which a planning permit under the Planning and Environment Act 1987 is required; S. 4(1) def. of specified variation inserted by No. 59/2010 s. 32. specified variation, in relation to an approved work plan, means a variation to (a) that is being carried out in accordance with the approved work plan; and s. 4 (b) in respect of which a planning permit under the Planning and Environment Act 1987 is required; S. 4(1) def. of statutorily endorsed inserted by No. 59/2010 s. 32. statutorily endorsed, in relation to a work plan or a variation to an approved work plan, means endorsed in accordance with Part 6B; S. 4(1) def. of stone amended by No. 71/2001 s. 3(1)(b). stone means— (a) sandstone, freestone or other building stone; or (b) basalt, granite, limestone or rock of any kind ordinarily used for building, manufacturing or construction purposes; or (c) quartz (other than quartz crystals); or (d) slate or gravel; or (e) clay (other than fine clay, bentonite or kaolin); or (ea) peat; or (f) sand, earth or soil; or (g) other similar materials;
S. 4(1) def. of work plan substituted by No. 6/2009 s. 6(2)(d). work plan means a work plan lodged under section 40 or section 77G; S. 4(1) def. of worksite inserted by No. 86/1993 s. 5(1)(i), substituted by No. 82/2000 s. 4(k), amended by Nos 63/2006 s. 6(1)(b), 6/2009 s. 6(2)(e), 59/2010 s. 42(1)(b). worksite means any place where work is being done under a licence, an extractive industry work authority, a miner's right or tourist fossicking authority or where rehabilitation work is being done, or required to be done, under Part 7. S. 4(2) substituted by No. 86/1993 s. 5(2), amended by Nos 46/1998 s. 7(Sch. 1), 56/2003 s. 11(Sch. item 12.2), 108/2004 s. 117(1) (Sch. 3 item 134.2), 70/2013 s. 4(Sch. 2 item 32.2). (2) If under the Public Administration Act 2004 the name of the Department is changed, a reference in the definition of Department in subsection (1) to the "Department of State Development, Business and Innovation" must, from the date when the name is changed, be treated as a reference to the Department by its new name. S. 4(3) inserted by No. 86/1993 s. 5(2), repealed by No. 63/2006 s. 6(3). * * * * * 5 Act to bind the Crown s. 5 (1) This Act binds the Crown, not only in right of but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.
(5) The provisions of this Act relating to extractive industries do not apply to or with respect to the carrying out of any extractive activity within the meaning of the Catchment and Land Protection Act 1994. S. 5AB inserted by No. 6/2009 s. 8. 5AB Application of this Act to Alcoa land s. 5AB (1) For the purposes of the provisions of this Act relating to extractive industries, land in the leased area within the meaning of the definition of leased area in the agreement set out in the Schedule to the Mines (Aluminium Agreement) Act 1961 is deemed to be private land of which Alcoa of Australia Proprietary Limited ACN 004 879 298 is the owner for any purpose other than the determination and payment of royalties to the Crown. (2) The Minister must not grant an extractive industry work authority over any part of the leased area referred to in subsection (1) without the consent of the Minister administering the Conservation, Forests and Lands Act 1987. S. 5A inserted by No. 82/2000 s. 5. 5A Interaction of this Act with native title legislation (1) Any action taken under this Act must be taken in a way that is not inconsistent with the Native Title Act 1993 of the Commonwealth and the Land Titles Validation Act 1994. (2) Subject to subsection (1), it is declared that if native title exists over land, the land may still be dealt with under this Act. (3) In this section, action includes— S. 5A(3)(a) substituted by No. 6/2009 s. 7. (a) the granting of a licence under Part 2, permit, right or an authority under Part 5; (b) undertaking any exploration, searching or mining.
S. 6(3) inserted by No. 50/2002 s. 20. (3) Despite subsection (1), that part of the park described in Part 41 of Schedule Two to the National Parks Act 1975 that is shown by hatching or cross-hatching on the plans lodged in the Central Plan Office and numbered N.P. 105A and N.P. 105B is not exempt from being subject to a mining licence, to the extent of the entitlements set out in section 40(1D)(a) of that Act, or from being subject to an exploration licence. S. 6AA inserted by No. 6/2009 s. 9. 6AA Land not available for searching for stone s. 6AA The Crown land Minister must not give consent under section 77A to search for stone on the following land— (a) land that is a reference area under the Reference Areas Act 1978; (b) except as provided for in section 40 of the National Parks Act 1975, land that is a national park, wilderness park, State park, marine national park or marine sanctuary under the National Parks Act 1975; (c) land in respect of which an ongoing protection declaration is in force under the Aboriginal Heritage Act 2006. S. 6A inserted by No. 50/2002 s. 21. 6A Extent of application of licences and authorities under this Act to Deep Lead Nature Conservation Reserve (No. 2) (1) Despite section 14, a mining licence issued over the Deep Lead Nature Conservation Reserve (No. 2) does not entitle the holder to carry out mining on the land surface of the whole or any part of the Reserve. (2) Despite subsection (1), a mining licence granted over any part of the Deep Lead Nature Conservation Reserve (No. 2) may authorise the holder to construct and operate minor mining infrastructure on the land surface of the Reserve,
Pt 2 (Heading) amended by No. 59/2010 s. 6. Pt 2 Div. 1 (Heading) inserted by No. 63/2006 s. 7. Division 1—General licence provisions 13 Exploration licences s. 13 (1) The holder of an exploration licence is, subject to section 43(1), entitled to carry out exploration on the land covered by the licence. (2) An exploration licence must describe the land by reference to graticular sections (whether whole or part), unless the Minister decides otherwise. (3) An exploration licence— S. 13(3)(a) substituted by No. 82/2000 s. 12(1). (a) is current for the time specified in the licence (unless it is surrendered or cancelled earlier or unless this Act otherwise provides); and (b) may be renewed in accordance with the provisions of this Part; and (c) applies to the area, not less than 1 nor more than 500 graticular sections, specified in the licence, unless the Minister decides otherwise. S. 13(4) inserted by No. 82/2000 s. 12(2). (4) In issuing an exploration licence, the Minister may specify on the licence that it is to remain current for a period of up to 5 years from the date on which it is registered. S. 13(5) inserted by No. 74/2010 s. 28(1). (5) For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the
S. 15(1A)(d) substituted by No. 82/2000 s. 14(1)(b). (d) a licence over land in respect of which an application for a licence has already been made (unless the application is made on the same day as the other application); or S. 15(1A)(e) amended by No. 82/2000 s. 14(1)(c). (e) a licence over land that is subject to the tender process under section 27; or S. 15(1A)(f) inserted by No. 82/2000 s. 14(1)(c). (f) a licence over land that is the subject of an exemption under section 6 or 7; or S. 15(1A)(g) inserted by No. 82/2000 s. 14(1)(c), repealed by No. 63/2006 s. 9(a), new s. 15(1A)(g) inserted by No. 59/2010 s. 9(5). s. 15 (g) a prospecting licence over land that abuts land covered by an adjoining prospecting licence and— S. 15(1A)(g)(i) amended by No. 64/2012 s. 19(1). (i) that application has been made within 2 years after the registration of the adjoining prospecting licence; or (ii) the land to be covered by that application and land covered by other prospecting licences will form a contiguous area of land that exceeds 20 hectares; or S. 15(1A)(ga) inserted by No. 64/2012 s. 19(2). (ga) a prospecting licence over land that abuts land that is the subject of an application for a prospecting licence; or S. 15(1A)(h) inserted by No. 82/2000 s. 14(1)(c). (h) a licence over land that was covered by a previous licence if the application is lodged less than 28 days after the previous licence ceased to apply to the land; or S. 15(1A)(i) inserted by No. 82/2000 s. 14(1)(c). (i) a licence over land that was the subject of a previous application if the application is
lodged less than 28 days after the previous application lapsed, or was withdrawn, rejected or not accepted. S. 15(1B) inserted by No. 86/1993 s. 9(1), amended by No. 59/2010 s. 9(6). (1B) An application of a kind described in paragraphs (a) to (e) of subsection (1A) must be taken to be an application for an exploration licence, mining licence, prospecting licence or retention licence (as the case requires) over any other land to which it relates. S 15(1BA) inserted by No. 59/2010 s. 9(7). s. 15 (1BA) An application for a licence must specify the mineral or minerals to which the licence will relate. S 15(1BB) inserted by No. 59/2010 s. 9(7). (1BB) An application for a mining licence (other than an infrastructure mining licence) or a retention licence must describe, in accordance with the guidelines issued by the Minister, a mineral resource. S 15(1BC) inserted by No. 59/2010 s. 9(7). (1BC) In addition, an application for a retention licence must specify the area of land that the licence will cover and the reasons for that coverage. S 15(1BD) inserted by No. 59/2010 s. 9(7). (1BD) To avoid doubt, an application for an exploration licence or a prospecting licence is not required to describe a mineral resource. S 15(1BE) inserted by No. 59/2010 s. 9(7). (1BE) If the mineral resource described in an application referred to in subsection (1BB) is not being mined from the land that will be covered by the licence being applied for, the application must include a report (a mineralisation report) prepared by a competent person that— (a) sets out the exploration results in relation to the described mineral resource; and (b) includes an analysis of whether the exploration results indicate that there is a reasonable prospect that the mining of the described mineral resource will be economically viable.
ownership, administration or management of the applicant's business. S. 16A inserted by No. 59/2010 s. 10. 16A Application for mining licence or retention licence where exploration licence or prospecting licence covers same land (1) This section applies if— (a) an application is made for a mining licence or retention licence in relation to land covered by an exploration licence or prospecting licence; and (b) the exploration licence or prospecting licence (as the case may be) will expire before the Minister grants or refuses to grant the mining licence or retention licence. (2) Despite anything to the contrary in this Act, the part of the exploration licence or prospecting licence that covers the land that is the subject of the application continues in effect after the date it would have otherwise expired until the Minister grants or refuses to grant the mining licence or retention licence (as the case may be). 17 Application not transferable s. 16A An application for a licence is not transferable. S. 18 (Heading) inserted by No. 63/2006 s. 10(1), amended by No. 64/2012 s. 20(1). S. 18 amended by Nos 76/1998 s. 31(b), 64/2012 s. 20(2). 18 Notice of applications with the highest ranking The Department Head must, within 14 days after an applicant for a licence is notified under section 15(3)(b) or (4) that the application has the highest ranking, give notice of the application to—
S. 26(2)(i) substituted by No. 89/2005 s. 5. (i) payment of royalties, other than royalties in respect of lignite; s. 26 S. 26(2)(j) substituted by No. 86/1993 s. 12(1), amended by No. 63/2006 s. 11(2)(b). (j) access to and use of the land by the holder of another licence that is limited to a particular stratum; S. 26(2)(k) repealed by No. 86/1993 s. 12(1), new s. 26(2)(k) inserted by No. 63/2006 s. 11(2)(c). (k) protection of community facilities. S. 26(3) substituted by No. 82/2000 s. 21(3). (3) The Minister must impose, as conditions to which a licence is subject, any conditions subject to which consent to the application for the licence was obtained under section 15(9). S. 26(3A) inserted by No. 82/2000 s. 21(3). (3A) If the Minister has granted a waiver under section 25A, the Minister may impose, as conditions to which the licence is subject, any conditions relating to specified depth restrictions that were recommended under section 25A(8) with respect to the granting of the licence. S. 26(4) amended by Nos 86/1993 s. 12(2), 82/2000 s. 21(4), 59/2010 s. 14. (4) It is a condition of a licence that the licensee pays rent from the date of registration of the grant of the licence, in accordance with the rate or method of assessment and at the times prescribed. S. 26(4A) inserted by No. 82/2000 s. 21(5). s. 26 (4A) It is a condition of a mining licence that, in providing a document to the Minister under section 116, the licensee must give the Crown a
S. 26AA inserted by No. 63/2006 s. 12. 26AA Definition s. 26AA In this Division, exempted land means land— (a) that has been exempted under section 7 from being subject to an exploration licence or a mining licence or both; and (b) that is not subject to an exemption under section 6. S. 26AB inserted by No. 63/2006 s. 12. 26AB Licence applications under Division to be in respect of exempted land An application for a licence under this Division may only be made in respect of exempted land. Subdivision 2—Licences granted by the Minister S. 26AC inserted by No. 63/2006 s. 12. 26AC Who may apply for a licence under this Subdivision? s. 26AB A person may apply for a licence under this Subdivision only if the Minister is satisfied that— (a) the person was a successful tenderer under a prior competitive process equivalent to the tender process under section 27; and (b) in order to implement the requirements of the tender, the person requires access to coal. S. 26AD inserted by No. 63/2006 s. 12. 26AD Application procedure (1) A person may apply to the Minister in accordance with the regulations for a licence to carry out the exploration or mining of coal on exempted land. S. 26AD(2) amended by Nos 59/2010 s. 15, 64/2012 s. 23. (2) Sections 15(1C), 15(1BC) to (1BG), 15(2), 15(6), 15(6A) to (6C), 15(7), 15(8), 16 and 16A apply to an application under this Subdivision as if the application were made under Division 2.
S. 33(3) amended by No. 86/1993 s. 15(1). (3) Before approving an instrument of transfer, the Minister must be satisfied that the proposed transferee complies with section 15(6)(a), (b), (c) and (d). S. 33(3A) inserted by No. 86/1993 s. 15(2). (3A) The Minister may approve an instrument of transfer even if he or she is not satisfied as to the matter specified in section 15(6)(ba) if the Minister is satisfied that minerals have been identified in the land covered by the licence and that— (a) additional time is necessary to assess the economic viability of mining those minerals; or (b) it is not at present economically viable to mine those minerals but it may become so in the future. (4) A transfer— (a) has no effect until the instrument of transfer is approved by the Minister and registered; and (b) once approved and registered, attaches to the transferee all rights and obligations under the licence. S. 33(5) amended by No. 64/2012 s. 28. (5) The transferee of a mining licence or prospecting licence must give written notice of the transfer to the owner of any land covered by the licence. S. 33A inserted by No. 82/2000 s. 28. 33A Transfer of land from one mining licence to another s. 33A (1) The holder of a mining licence may transfer an area of land covered by the holder's licence to the holder of another mining licence. (2) Such a transfer may only be made— (a) with the approval of the Minister; and (b) in the manner and form specified by the Minister; and
(d) in any other circumstances that are prescribed. S. 34(2A) inserted by No. 82/2000 s. 29(3), repealed by No. 63/2006 s. 20(3). * * * * * S. 34(3) amended by No. 86/1993 s. 16(3). (3) A variation of a licence or a variation, suspension, revocation or addition of a licence condition has no effect until the instrument by which it was done is registered. S. 35 substituted by No. 82/2000 s. 30. 35 Combined conditions s. 35 (1) The Minister may treat 2 or more licences of the same type held by the same person as a single licence over the combined areas covered by the licences for the purpose of determining whether conditions of any of those licences about expenditure have been complied with. (2) The Minister may do this— (a) at the request of the licensee; or (b) on the Minister's own initiative, after consultation with the licensee. (3) It is not necessary that areas combined for the purposes of this section adjoin each other. 36 Amalgamation of licences S. 36(1) amended by No. 82/2000 s. 31(1). (1) The Minister may, by instrument served on the licensee, determine that one of two or more licences of the same type held by the same person over adjoining areas applies to the combined areas. (2) The Minister may nominate which licence covers the combined areas and must cancel the other licence or licences.
S. 38(1)(b)(i) amended by Nos 86/1993 s. 17(1)(a), 82/2000 s. 33(1)(b). (i) the licensee has not substantially complied with— (A) this Act or the regulations; or S. 38(1) (b)(i)(B) amended by No. 63/2006 s. 23(1). (B) any condition to which the licence or the work plan is subject or any condition specified under section 44; or (C) any relevant planning scheme or permit; or S. 38(1)(b)(ii) amended by No. 82/2000 s. 33(1)(b). (ii) the licensee has unreasonably delayed in trying to obtain any necessary consent or other authority; or S. 38(1)(b)(iii) amended by No. 82/2000 s. 33(1)(b). (iii) the licensee has not commenced work within the time specified in or allowed under section 42(5); or S. 38(1)(b)(iiia) inserted by No. 59/2010 s. 22(1). (iiia) subject to subsection (1AA), in the case of a licensee who is a holder of a mining licence, the licensee has stopped mining on land covered by the licence and has not carried out any mining on that land for a continuous period of 2 years; or S. 38(1)(b)(iv) amended by No. 82/2000 s. 33(1)(b). (iv) the licensee has endangered the public or an employee on or near the land covered by the licence; or s. 38 S. 38(1)(b)(v) amended by No. 82/2000 s. 33(1)(b). (v) the licensee has undertaken work on land otherwise than in accordance with the work plan; or S. 38(1)(b)(vi) amended by Nos 86/1993 s. 17(1)(b), 82/2000 s. 33(1)(c)(d). (vi) the licensee subject to subsection (1A), no longer complies with section 15(6)(a) to (d); or
S. 40(2AA)(a) amended by No. 59/2010 s. 23(1). (a) who holds a mining licence that covers an area of 5 hectares or less or a prospecting licence; and (b) who does not propose to do any work on agricultural land— s. 40 may, instead of lodging a work plan, lodge a notice with the Department Head electing to have the work program that the licensee submitted as part of the application for the licence to be considered to be the licensee's work plan. S. 40(2A) inserted by No. 86/1993 s. 19(b), amended by No. 76/1998 s. 31(b), substituted by No. 63/2006 s. 26(1). (2A) In the case of a mining licence, if any part of the land relating to the work plan is Crown land, the Department Head must without delay lodge a copy of the work plan with the Crown land Minister. S. 40(2B) inserted by No. 63/2006 s. 26(1). (2B) Subsection (2A) does not apply if the only work set out in the work plan that is proposed to be done on the Crown land is exploration work. S. 40(3) amended by No. 86/1993 s. 19(c), substituted by No. 63/2006 s. 26(2). (3) A work plan must contain— (a) the prescribed information; and S. 40(3)(ab) inserted by No. 57/2009 s. 26(2). (ab) if the licence is a mining licence relating to a declared mine, in addition to the prescribed information referred to in paragraph (a), prescribed mine stability requirements and processes; and S. 40(3)(b) substituted by No. 59/2010 s. 23(2). (b) if the licence is a mining licence or a prospecting licence under which mining activities are proposed to be carried out, a
(c) after considering any comments made during that period, that Minister submits an assessment of the report to the Minister; and S. 42A(3)(d) amended by No. 57/2009 s. 28(3). (d) the variation, in the form that it is approved by the Department Head, substantially complies with any requirements recommended by that assessment. S. 43 (Heading) inserted by No. 59/2010 s. 25(1). 43 Commencement of work under exploration licence or retention licence s. 43 S. 43(1) amended by Nos 86/1993 s. 23(a)(i)(iii), 82/2000 s. 42(1)(a)(d), 63/2006 s. 31(1)(a), 59/2010 s. 25(2). (1) The holder of an exploration licence or retention licence must not carry out any work on the land covered by the licence unless— (a) the licensee has an approved work plan; and S. 43(1)(ab) inserted by No. 57/2009 s. 29. (ab) in the case of an area work plan within the meaning of section 41AD(4), the licensee has submitted the relevant area work plan schedule containing the prescribed information to the Department Head not less than 21 days before carrying out any work on the land affected; and (b) the licensee has entered into a rehabilitation bond in accordance with section 80; and S. 43(1)(ba) inserted by No. 63/2006 s. 31(1)(b). (ba) the licensee has complied with any condition imposed by the Minister under section 26(2)(d) to provide an environmental offset; and (c) the licensee has obtained all the necessary consents and other authorities relating to the land affected required by or under this or any other Act; and
S. 43(2B) inserted by No. 82/2000 s. 42(2). (2B) Before waiving the requirement, the Department Head may require the licensee— (a) to advertise the licensee's intention to start work on the land affected in a specified edition of a newspaper circulating generally in the area in which the land is situated; s. 43 (b) to post a notice on the land affected stating that the licensee intends to start work on that land. S. 43(3) substituted by No. 86/1993 s. 23(c), amended by Nos 7/1994 s. 6(a), 64/2012 s. 33. (3) Despite anything in any planning scheme approved under the Planning and Environment Act 1987 which— (a) prohibits the use or development of the land covered by the licence for exploration (whether absolutely or unless specified conditions are complied with) and does not provide for the granting of a permit for that use or development; or (b) requires a permit to be obtained for that use or development— the holder of a licence is not prohibited from carrying out exploration on the land covered by the licence in accordance with that licence and is not required to comply with any conditions specified in the planning scheme relating to, or to obtain a permit for, the carrying out of that exploration. S. 43(4) substituted by No. 86/1993 s. 23(c), amended by Nos 7/1994 s. 6(b), 64/2012 s. 33. (4) In addition to any other power to prepare, adopt or approve amendments to planning schemes, the Minister administering the Planning and Environment Act 1987 may— s. 43 (a) on the recommendation of the Minister prepare; and (b) adopt and approve—
(b) in any other case, within 60 days after the appointment of the panel. s. 54M _______________ Division 1—Miner's rights 55 Miner's right s. 55 S. 55(1) substituted by No. 82/2000 s. 49(1), amended by No. 59/2010 s. 26(1). (1) A miner's right entitles the holder to search for minerals on any of the following land, unless the land is covered by a mining licence, prospecting licence or retention licence— (a) private land, but only with the consent of the owner or occupier; and S. 55(1)(b) amended by No. 50/2002 s. 22. (b) Crown land (other than land exempted under section 6, 6A or 7 of this Act or nominated under section 7(1) of the (Reserves) Act 1978). S. 55(1A) inserted by No. 82/2000 s. 49(1), amended by No. 59/2010 s. 26(2). (1A) If the land is covered by a mining licence, prospecting licence or retention licence, the holder of a miner's right is entitled to search for minerals on the land if he or she has, in addition to any consent required under subsection (1), the consent of the licensee. S. 55(2) substituted by No. 82/2000 s. 49(1). (2) A consent granted under subsection (1) or (1A)— (a) may be granted subject to conditions; and (b) may be withdrawn at any time by the person who granted it. S. 55(2A) inserted by No. 82/2000 s. 49(1). (2A) If the holder of a miner's right is validly on any land under this section, he or she may remove from the land any minerals discovered by him or her on the land.
S. 55(3) amended by No. 59/2010 s. 37. (3) A miner's right is current for the time, not exceeding 10 years, specified in the miner's right. S. 56 amended by No. 76/1998 s. 31(f), substituted by No. 69/2004 s. 55. 56 Who may grant a miner's right s. 56 (1) The Department Head may grant a miner's right. (2) The Department Head may authorise in writing— (a) a person or body; or (b) all people or bodies falling within a specified class— to grant miner's rights. S. 57 amended by Nos 27/1991 s. 4(4), 76/1998 s. 31(f), 82/2000 s. 49(2), substituted by No. 69/2004 s. 55. 57 Grant of miner's right On receiving an application for a miner's right, a person who is authorised to grant miner's rights must grant the miner's right to the applicant if the application has been made in accordance with the regulations. 58 Obligations of holder S. 58(1) amended by No. 82/2000 s. 50(1)(a). (1) The holder of a miner's right acting under that right must not— (a) use any equipment for the purposes of excavation on the land, other than hand tools; or (b) use explosives on the land; or (c) remove or damage any tree or shrub on the land; or S. 58(1)(d) substituted by No. 16/2006 s. 198(Sch. 2 item 5(7)). (d) disturb any Aboriginal cultural heritage (within the meaning of the Aboriginal Heritage Act 2006) on the land. 100 penalty units.
S. 58(2) amended by No. 82/2000 s. 50(1)(b). (2) The holder of a miner's right must repair any damage to the land arising out of the search. 50 penalty units. S. 58(3) inserted by No. 82/2000 s. 50(2). (3) The holder of a miner's right must produce the miner's right for inspection if asked to do so by an inspector or any person acting under a delegation conferred under section 91(b). Division 2—Tourist fossicking authorities 59 Tourist fossicking authority s. 59 S. 59(1) substituted by No. 82/2000 s. 51(1), amended by Nos 25/2008 s. 14(1), 64/2012 s. 35(1). (1) A tourist fossicking authority entitles the holder, or any employee or agent of the holder if the holder is not a natural person, and any person accompanied by the holder to search for minerals at the times, and subject to the conditions, specified in the authority on any of the following land that is specified in the authority, unless the land is covered by a mining licence, prospecting licence or retention licence— (a) private land, but only with the consent of the owner or occupier; and S. 59(1)(b) amended by No. 50/2002 s. 23. (b) Crown land (other than land exempted under section 6, 6A or 7 of this Act). S. 59(1A) inserted by No. 82/2000 s. 51(1), amended by Nos 25/2008 s. 14(2), 64/2012 s. 35(2). (1A) If the land is covered by a mining licence, prospecting licence or retention licence, the holder of the authority and any person accompanied by the holder, or any employee or agent of the holder if the holder is not a natural person, are entitled to search for minerals on the land under a tourist fossicking authority if— (a) the land is specified in the authority; and (b) the holder of the authority has, in addition to any consent required under subsection (1), the consent of the licensee.
73 Correction of register s. 72 S. 73(1) amended by No. 82/2000 s. 52(2). (1) The Department Head may correct any error or omission in the register by— (a) inserting an entry; or (b) amending an entry; or (c) omitting an entry— if he or she decides that the correction is necessary. S. 73(2) amended by No. 82/2000 s. 52(2). (2) The Department Head may make the correction on his or her initiative or on the application of any person. S. 73(3) amended by No. 82/2000 s. 52(2). (3) The Department Head must notify the licensee of any correction made under this section that affects the licence. S. 73(4) substituted by No. 52/1998 s. 311(Sch. 1 item 64.6), amended by No. 82/2000 s. 52(2). (4) A person whose interests are affected by a decision of the Department Head to correct the register may apply to the Tribunal for review of the decision. S. 73(5) substituted by No. 52/1998 s. 311(Sch. 1 item 64.6). (5) An application for review must be made within 28 days after the later of— (a) the day on which the decision is made; (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. 74 Disclosure of registered information s. 74 S. 74(1) amended by No. 82/2000 s. 52(2). (1) The Department Head must—
(c) the satisfaction of enquiries to— the integrated computerised information retrieval project, relating to information about land, its ownership and use, that is known as Landata. S. 75 amended by No. 82/2000 s. 52(2). 75 Survey standards s. 75 The Department Head may, subject to the regulations, specify standards for surveys and the circumstances in which surveys must be carried out before documents will be registered. S. 76 amended by No. 82/2000 s. 52(2). 76 Evidence A certificate in the prescribed form purporting to be issued by the Department Head certifying as to any matter that appears in or can be ascertained from the register or other records kept by the Department Head under this Act is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate. S. 77 amended by No. 82/2000 s. 72(b). 77 Offences A person must not knowingly make, or cause or allow to be made, a false or unauthorised entry in the register. Penalty: 200 penalty units. _______________ Pt 6A (Heading) inserted by No. 6/2009 s. 20.
S. 77B(8)(b) amended by No. 17/2012 s. 92(3). (b) by the Authority to consent subject to conditions under subsection (4)(b); or S. 77B(8)(c) amended by No. 17/2012 s. 92(3). (c) by the Authority to specify any conditions for that person to do work at a depth of more than 0·75 metres below any land under subsection (3). S. 77C inserted by No. 6/2009 s. 20. 77C Authority to search for stone for Department s. 77C (1) The Minister may authorise any person to enter upon and occupy any private land for the purpose of the carrying on by the Department of any survey or search for stone and do anything that may be necessary for the purpose of the survey or search. (2) Any person authorised in writing by the Minister in accordance with this section and any person assisting that person or acting under the orders of that person may enter and occupy private land and do anything mentioned in subsection (1) which is authorised by the Minister. (3) An authority under this section must be in writing. S. 77D inserted by No. 6/2009 s. 20. 77D Form and content of consent (1) A consent granted under section 77A— (a) must describe the land in respect of which the consent is granted; and (b) must specify the stone in respect of which it is granted; and (c) is subject to any conditions, limitations and restrictions that are prescribed; and (d) is subject to any conditions, limitations or restrictions that the Crown land Minister thinks fit to impose.
S. 77TD(5) amended by No. 64/2012 s. 38(2) (as amended by No. 70/2013 s. 3(Sch.1 item 47.2)). (5) The Department Head must, as the case requires, give the licensee, holder of an extractive industry work authority or person proposing to apply for an extractive industry work authority who gave the work plan or the variation to an approved work plan, his or her statement of reasons for his or her decision under this section. S. 77TE inserted by No. 59/2010 s. 45. 77TE Department Head must give work plan or variation application to referral authority s. 77TE (1) On receiving a work plan or a variation to an approved work plan, the Department Head must, without delay, give a copy of the work plan or variation to an approved work plan to every referral authority that the Department Head considers, having regard to the kind of work proposed under the work plan or variation, should be given the work plan or variation. (2) Before complying with subsection (1), the Department Head must be satisfied that the work plan or the variation to an approved work plan complies with the regulations. S. 77TF inserted by No. 59/2010 s. 45. 77TF Referral authority must consider work plan and variation of approved work plan (1) A referral authority must consider every work plan and variation to an approved work plan given to it and must— (a) tell the Department Head in writing that— (i) it does not object to the endorsement of the work plan or variation to the approved work plan; (ii) it does not object to the statutory endorsement of the work plan or variation to the approved work plan if the work plan or variation is subject to conditions in the statutory endorsement; or
S. 82(3) inserted by No. 82/2000 s. 55, amended by Nos 6/2009 s. 27(d), 29/2011 s. 3(Sch. 1 item 60.3). (3) The Minister may, as a condition of returning a bond or bonds to an authority holder or a former authority holder, require that person to enter into a further rehabilitation bond if any land or part of the land to which the bond relates has not been rehabilitated, or requires further rehabilitation. 83 Minister may carry out rehabilitation s. 83 (1) The Minister may take any necessary action to rehabilitate land if he or she— S. 83(1)(a) amended by No. 6/2009 s. 28(a). (a) is not satisfied that the land has been rehabilitated as required by section 78 or 78A (as the case may be); or (b) is satisfied that further rehabilitation of the land is necessary; or (c) is requested to do so by the owner of the land. (2) The Minister must, if he or she refuses to act on a request under subsection (1)(c), inform the owner of the land of the reasons for that refusal. S. 83(3) amended by No. 6/2009 s. 28(b). (3) The Minister may only take action under subsection (1) if he or she has requested the authority holder or former authority holder to rehabilitate the land and the authority holder or former authority holder has failed to do so within a reasonable period after the request. (4) The Minister may recover as a debt due to the Crown in a court of competent jurisdiction any amount by which the cost incurred under subsection (1) exceeds the amount of the bond or bonds.
S. 107 repealed by No. 32/2006 s. 94(Sch. item 33(3)). * * * * * S. 108 repealed by No. 25/2008 s. 16(1). * * * * * S. 109 repealed by No. 86/1993 s. 33. * * * * * S. 110 (Heading) inserted by No. 84/2012 s. 6(1) (as amended by No. 70/2013 s. 3(Sch. 1 item 35)). 110 Notice requiring authority holder to take action or stop work s. 110 S. 110(1) substituted by Nos 82/2000 s. 64(1), 63/2006 s. 51(1). (1) This section applies if the Minister believes on reasonable grounds that— S. 110(1)(a) amended by No. 84/2012 s. 6(2). (a) an act or omission by the holder of an authority is likely to result in a risk to public safety, the environment, land, property or infrastructure; or (b) the holder of an authority— (i) has contravened or is likely to contravene this Act or the regulations; or (ii) has not complied with any condition to which the authority is subject or any condition specified under section 44; or (iii) has not complied with any relevant planning scheme or permit; or
(b) any dispute or other matter under that provision pending before a Land Valuation Board of Review established under Part III of the Valuation of Land Act 1960; or (c) any investigation or inquiry under that provision pending before the mining warden; or (d) any inquiry under that provision pending before the Board of Examiners for Mine Managers; or (e) any inquiry or other matter under that provision pending before the Minister; or (f) any arbitration under that provision pending— immediately before that repeal as if this Act had not been enacted. 9. Division 1A of Part III of the Mines Act 1958 continues, despite its repeal, to apply with respect to any tribute agreement in force immediately before that repeal. 10. Section 527 of the Mines Act 1958 continues, despite its repeal, to apply with respect to returns furnished under subsection (1) of that section or any corresponding previous enactment. 11. (1) Any drainage board appointed under Division 4 of Part III. of the Mines Act 1958 is abolished and its members go out of office on the commencement of this subclause. (2) Any sludge abatement trust appointed under Subdivision 3 of Division 5 of Part III. of the Mines Act 1958 is abolished and its members go out of office on the commencement of this subclause. (3) The Mining Consultative Committee established under Division 1 of Part IVA of the Mines Act
(b) exploration licence No. 3008 granted on 16 December 1988 to the extent that the licence covers land not within the outer boundaries of the land described in the mining licence No. 5260 granted on 31 May 1985; (c) exploration licence No. 3018 granted on 5 September 1989 to the extent that the licence covers land not within the outer boundaries of the land described in any of the following mining licences— (i) No. 4847 granted on 3 November 1989; Sch. 8 (ii) No. 5396 granted on 5 October 1988; (iii) No. 5444 granted on 5 April 2006; (d) exploration licence No. 3310 granted on 17 September 1993 to the extent that the licence covers land not within the outer boundaries of the land described in the mining licence No. 4644 granted on 25 February 1986; (e) exploration licence No. 3539 granted on 3 June 1994 to the extent that the licence covers land not within the outer boundaries of the land described in the mining licence No. 5404 granted on 24 August 1990; (f) exploration licence No. 3903 granted on 4 October 1996 to the extent that the licence covers land not within the outer boundaries of the land described in mining licences No. 5458 granted on 9 August 2006 and No. 5497 granted on 26 August 2009; Sch. 8 cl. 7(1)(g) amended by No. 64/2012 s. 40(4). (g) exploration licence No. 4282 granted on 30 April 1998 to the extent that the licence covers land not within the outer boundaries of the land described in mining licences
(b) in respect of which an application is made after the commencement of section 21 of the amending Act for the first renewal of that licence. (2) Section 38A(2A) applies to the exploration licence. 10 Decreases in area under current exploration licences—second renewal after amending Act (1) This clause applies— (a) to an exploration licence to which clause 4 of this Schedule applies; and (b) in respect of which an application is made after the commencement of section 21 of the amending Act for the second renewal of that licence. (2) Section 38A(2A) and (2B) apply to the exploration licence. Sch. 8 cl. 11 (Heading) amended by No. 64/2012 s. 40(7). 11 Decreases in area under current exploration licences that have been renewed at least once Sch. 8 (1) This clause applies— (a) to an exploration licence to which clause 5 or 6 of this Schedule applies; and (b) in respect of which an application is made after the commencement of section 21 of the amending Act for a renewal of that licence. (2) Section 38A(2A) and (2B) apply to the exploration licence. Sch. 8 ENDNOTES
Development) Act 1990 Endnotes ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes