Mineral Resources Regulation 2025

This regulation may be cited as the Mineral Resources Regulation 2025.

This regulation commences on 1 September 2025.

The dictionary in schedule 8 defines particular words used in this regulation.

For section 25(2) of the Act, the prescribed conditions to which a prospecting permit is subject are stated in—

schedule 1, items 1 to 3; and

if the permit applies to occupied land—schedule 1, items 4 to 6.

Note—

See also part 5.

This section applies only to a district prospecting permit.

For section 26(2) of the Act, the amount prescribed is $1,000.

This section applies if—

an application for a mining claim (the application) is over land that is contiguous to affected land; and

at the time the application was made, a survey of the affected land had not been completed; and

the chief executive gives the applicant a notice (the notice) stating—

a survey of the affected land has been completed; and

all survey marks defining the boundary of the affected land have been placed.

To ensure the application is still over land that is contiguous to affected land, the applicant may—

amend the description of the land stated in the application; or

amend the application to ensure the boundary of the area of the proposed mining claim is defined.

Note—

For defining the boundary of a proposed mining tenement, see section 386R of the Act.

An amendment under subsection (2) must be made within—

14 days after the day the chief executive gives the applicant the notice; or

if the chief executive approves a longer period—the longer period.

Nothing in this section authorises or entitles the applicant to have the affected land surveyed.

For section 53(3)(b) of the Act, the area prescribed for land in a mining district mentioned in schedule 2 is not more than the area stated, in schedule 2, for the land.

For section 81(1)(p) of the Act, the prescribed conditions to which a mining claim is subject are stated in—

schedule 1, items 1 to 3; and

if the claim is over occupied land—schedule 1, item 4.

Note—

See also part 5.

For section 93(3)(a) of the Act, the document called ‘A guide to landholder compensation for mining claims and mining leases’ made by the chief executive and published on the department’s website is prescribed.

For section 111 of the Act, it is declared that prohibited machinery must not be used in, on or under the area of any mining claim within any part of the State.

However, subsection (1) does not apply to—

the use of machinery to—

transport mineral bearing ore or wash; or

transport equipment, materials, or water, used for mining operations; or

build storage facilities for water used for mining operations; or

manage water ingress; or

reduce fire hazards; or

rehabilitate the surface area of the land; or

the use of an eductor dredge in the Mareeba mining district, if the eductor dredge—

has an inlet nozzle diameter of no more than 20cm; and

is used while water is flowing in, or in streams leading into, the Palmer River or Mitchell River; or

the use of a vehicle-mounted drill in restricted area 1, 25 or 77 if—

the drill is used for exploration drilling and the drill has a diameter of not more than 25cm; or

the drill is used for drilling access shafts and the drill has a diameter of not more than 1m.

Also, despite subsection (1), if the mining claim is a prescribed mining claim, prohibited machinery may be used in any part of the area of the prescribed mining claim that is not within the boundaries shown on any of the following plans—

MP34341;

MP34342;

MP34343;

MP36464;

MP40825;

MP30692;

MP31027;

MP31028;

MP30955;

MP30971.

In this section—

prescribed mining claim see section 50(5) of the Act.

prohibited machinery means any of the following—

a backhoe, skid-steer loader, motorised mini digger or other loader;

an excavator or other machinery using a bucket, scoop, or clamshell;

a bulldozer, tractor or other equipment using a ripper, rooter, or scarifier;

a continuous miner, dragline, grader, scoopmobile, scraper, or traxcavator;

a dredge;

a vehicle-mounted drill;

a bogger.

For sections 127(4) and 133(h)(iii) of the Act, the area prescribed is—

for an exploration permit for the exploration of coal—300 sub-blocks; and

for any other exploration permit—100 sub-blocks.

For section 141(1)(i) of the Act, the prescribed conditions to which an exploration permit is subject are stated in—

schedule 1, items 1 to 3; and

if the permit applies to occupied land—schedule 1, items 4 and 5.

Note—

See also part 5.