Mineral Resources Act 1989

This section applies if a person who holds, or is an applicant for, a mining lease for a particular area—

wants a mining lease over land that is not in the area of the person’s lease for the transportation of something through, over or under the land by a pipeline, aerial ropeway, conveyor apparatus, transmission line or similar method of transport, or road; and

does not hold an exploration permit, mineral development licence or mining lease for the land.

The Minister may grant to a person a mining lease for the transportation of the thing through, over or under the land covered by the application for the lease if—

the Minister is satisfied the proposed lease is for a purpose associated with or arising from activities performed, or to be performed, under the person’s mining lease; or

before the person applied for the lease, the Governor in Council, under a regulation, declared the transportation of the thing through, over or under land that is not in the area of a mining lease by a pipeline, aerial ropeway, conveyor apparatus, transmission line or similar method of transport to be an activity associated with or arising from mining.

An application for a mining lease under this section must be given to the chief executive.

If land included in the application is in the area of an exploration permit or mineral development licence, the application does not have to be accompanied by the consent of the permit or licence holder, but the applicant must give written notice of the application to the permit or licence holder within 5 business days after lodging the application.

If land included in the application is in the area of a mining lease, the application must be accompanied by the consent of the lease holder.

However, subsection (5) is subject to section 271AB.

A mining lease may not be granted under this section for land that is the subject of a call for mining lease tenders until any of the following happens—

the call for mining lease tenders is terminated;

an application for a mining lease for the land made by the preferred tenderer for the call is decided, rejected or abandoned.

This section does not apply for the transportation of incidental coal seam gas.