Mining Act 1971

Subject to subsection (1a), no claim may be established or lease granted in respect of extractive minerals on land granted in fee simple or land in respect of which native title conferring a right to exclusive possession of land exists except with the written consent of the owner of the land.

Subsection (1) does not apply in relation to a claim or a lease in respect of extractive minerals on land described in that subsection if the terms of the mineral tenement specifically authorise (or will specifically authorise) the holder of the tenement to recover and use the extractive minerals on account of being extractive minerals produced during the course of carrying out authorised operations under the tenement.

Consent given by an owner of land under subsection (1) is binding on all subsequent owners of the land.

Subject to subsection (3), the owner of land does not require a mineral tenement under this Act for the recovery of extractive minerals from the land for the owner's personal use or, if the owner is a body corporate, disposal of the minerals to a related body corporate for the related body corporate's personal use.

Subsection (2) does not apply in relation to authorised operations for the recovery of extractive minerals if—

the Minister has determined that the operations should be the subject of a mineral tenement under this Act (and subject to the other provisions of this Act)—

after taking into account the nature or scale of the operations;

because the Minister believes that action has been taken to attempt to avoid the requirements of this Act through the establishment of particular ownership arrangements; or

on any other ground determined by the Minister to be a reasonable basis on which to act under this subsection; and

the Minister has, on the basis of the Minister's determination under paragraph (a), required the owner of the land to apply for a mineral tenement within a period (of at least 3 months) specified by the Minister; and

1 of the following has occurred:

a mineral tenement has been granted in relation to the authorised operations;

the period specified by the Minister under paragraph (b) has expired without the owner of the land making the application envisaged by that paragraph;

an application for a mineral tenement made by the owner of the land to the Minister within the period specified by the Minister under paragraph (b) has been rejected by the

In subsection (2), personal use of minerals does not include use of the minerals by a council.