Mineral Resources Act 1989

This section applies if—

a person applies for a specific purpose mining lease or a transportation mining lease (the later mining lease) over land in the area of any of the following authorities (each an existing authority)—

an exploration permit;

a mineral development licence;

a mining lease; and

the person mentioned in paragraph (a) has not obtained the consent of the holder of the existing authority, as required under section 248(2) or 316(5), to the application for the later mining lease.

The Minister may grant the later mining lease only if the Minister is satisfied that—

the authorised activities for the later mining lease can be carried out in a way that is compatible with the authorised activities for the existing authority; and

the co-existence of the later mining lease and the existing authority would optimise the development and use of the State’s resources to maximise the benefit for all Queenslanders.

Before making a decision under subsection (2), the Minister may, by written notice, require the applicant for the later mining lease, or the holder of the existing authority, to give the Minister information or a document the Minister requires to make the decision.

The applicant, or holder, must give the information or document to the Minister within 10 business days after the notice is given.

The Minister may extend the period mentioned in subsection (4) by notice given to the applicant or holder.

If the Minister grants the later mining lease, the later mining lease holder may carry out an authorised activity for the later mining lease on land within the area of the existing authority only if carrying out the authorised activity is consistent with an agreed co-existence plan.

An agreed co-existence plan must—

identify the parties to the plan; and

set out an overview of the activities proposed to be carried out in the area mentioned in subsection (1)(a), including the location of the activities and when they will start; and

set out how the activities mentioned in paragraph (b) will comply with mining safety legislation; and

state how the activities mentioned in paragraph (b) optimise the development and use of the State’s resources; and

state whether any monetary or non-monetary compensation is to be given under the plan; and

state the period for which the plan is to have effect; and

include any other information prescribed by regulation.

The later mining lease holder and the existing authority holder must negotiate in good faith and use all reasonable endeavours to agree on a co-existence plan.

If the later mining lease holder and the existing authority holder can not agree on a co-existence plan within 3 months after the granting of the later mining lease, the later mining lease holder may apply for arbitration of the dispute.

Despite subsection (9), the later mining lease holder and the existing authority holder may jointly apply for arbitration of the dispute at any time.

It is a condition of both the later mining lease and the existing authority that the holder must comply with each agreed co-existence plan that applies to the holder.

The later mining lease holder must, within 20 business days after an agreed co-existence plan is in place, give notice to the chief executive stating the following—

that the plan is in place;

the period for which the plan has effect;

other information prescribed by regulation.

In this section—

if an agreed co-existence plan is agreed on under subsection (8)—the agreed co-existence plan; or

if an agreed co-existence plan is amended by the holders of the later mining lease and the existing mining lease—the agreed co-existence plan as amended; or

if an agreed co-existence plan is arbitrated as an agreed co-existence plan under the Common Provisions Act, chapter 5, part 3—the agreed co-existence plan as arbitrated.