Mineral Resources Act 1989

This Act may be cited as the Mineral Resources Act 1989.

The principal objectives of this Act are to—

encourage and facilitate prospecting and exploring for and mining of minerals;

enhance knowledge of the mineral resources of the State;

minimise land use conflict with respect to prospecting, exploring and mining;

encourage environmental responsibility in prospecting, exploring and mining;

ensure an appropriate financial return to the State from mining;

provide an administrative framework to expedite and regulate prospecting and exploring for and mining of minerals;

encourage responsible land care management in prospecting, exploring and mining.

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.

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.

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.

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.

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—

in relation to coal or oil shale mining tenements, see chapter 8; or

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.

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—

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

a mining tenement already granted over land (also the overlapping land) in the area of an existing petroleum authority.

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—

the petroleum lease or petroleum facility licence holder has agreed in writing to the carrying out of the activity; and

a copy of the agreement has been lodged; andNote—For other relevant provisions about lodging documents, see section 386O.

the agreement is still in force.

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.

Subsection (4) applies whether or not the authorised activity for the petroleum lease has already started.

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—

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

carrying out the activity does not adversely affect the carrying out of an authorised activity for the authority to prospect that has already started.

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—

the mining lease holder has agreed in writing to the carrying out of the activity; and

a copy of the agreement has been lodged; and

the agreement is still in force.

Subsection (7) does not apply, or ceases to apply, if the same person holds the authority and the mining lease.

This section applies despite any other provision of this Act.

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—

chapter 9; and

the Geothermal Act, chapter 5; and

the GHG storage Act, chapter 4.

The relationship between this Act and the Common Provisions Act is provided for under the Common Provisions Act, section 6.

This Act is subject to the Nature Conservation Act 1992, sections 27 and 70QA.

A mining tenement is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth).

If—

an offshore area is in the area of an exploration permit, mineral development licence or mining lease (the mining tenement); and

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

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.

If—

a mining lease takes effect immediately after an exploration permit expires; and

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).

If—

a mineral development licence takes effect immediately after an exploration permit expires; and

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).

If—

a mining lease takes effect immediately after a mineral development licence expires; and

the mineral development licence took effect immediately after an exploration permit expired; and

the holder of the mining lease immediately after it takes effect was the holder of the mineral development licence immediately before it expired; and

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).

In this section—offshore area means an area of the sea bed and subsoil to which the Act applies.

Subject to subsections (2) and (3), the Planning Act does not apply to development authorised under this Act.

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.

The Planning Act applies to building work under the Building Act 1975 that is authorised under this Act, including under a mining tenement.

However, the building work is taken to be accepted development for the Planning Act to the extent the building work—

would, other than for this subsection, be assessable development under the Planning Act; and

complies with the relevant provisions for the building work.

In this section—relevant provisions, for building work, see the Building Act 1975, section 21(5).

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

The chief executive must give notice of the mining tenement to—

each local government in whose area the area of the tenement is situated; and

the chief executive (planning).

An entity given a notice under subsection (2) must make a note that is connected to the spatial data relating to each planning scheme of each local government mentioned in subsection (2)(a) held by the entity.

The note must—

identify the area of the mining tenement; and

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

state that interested persons may obtain details of the mining tenement from the chief executive of the department in which this Act is administered.

In this section—chief executive (planning) means the chief executive of the department in which the Planning Act is administered.

The dictionary in schedule 2 defines particular words used in this Act.