Mineral Resources Act 1989

This section applies to mineral and property that vests in the State on the termination of a mining claim.

Anyone who had an interest in the mineral or property immediately before its ownership vests in the State may apply in writing to the chief executive for permission to remove the mineral or property from the land.

The application—

must be made within 20 business days after the mineral or property vests in the State (or a longer period, of not more than 3 months, allowed by the chief executive); and

may be made even though a subsequent grant of a mining claim, exploration permit, mineral development licence or mining lease has been made over the land.

The chief executive may approve or refuse to approve the application.

However, the chief executive must approve the application if the chief executive is satisfied—

the person was entitled to the mineral or property immediately before it vested in the State; and

there is enough security held for the mining claim to meet the costs for which it was deposited.

The approval may be given on conditions stated in it.

If the application is approved, the person named in the approval may enter the land and remove mineral or property (other than covers, fencing, casings, linings, timbering or other things securing the safety of the land) stated in the application before the time stated in the approval ends.

Anything removed under subsection (7) divests from the State and vests in the person entitled to it immediately before the termination of the mining claim.

However, mineral divests from the State and forms part of the land if it is not removed before the later of—

the end of the time stated in an approval under this section; or

3 months after the termination of the mining claim.