Mining Act 1971

The Minister may, by notice in the Gazette, declare any land to be exempt from—

mining; or

a specified class of mining; or

a specified provision of this Act; or

this Act, other than any specified provision excluded from the operation of this section by the regulations, and the notice will (subject to this section) have effect according to its terms.

The Minister must, as soon as practicable after the publication of a notice under subsection (1), prepare a report on the matter (including an outline of the reasons for the declaration and the expected impact of the declaration) and cause copies of the report to be laid before both Houses of Parliament.

The Minister may, by subsequent notice in the Gazette, vary or revoke a notice under subsection (1).

A notice under subsection (1) will not have effect—

in relation to a mineral tenement in force at the time that the notice takes effect; or

so as to prevent a person applying for (and being granted) a subsequent tenement on account of a right arising under a mineral tenement in force at the time that the notice takes effect; or

so as to prevent a person establishing a mineral claim (identified in any manner allowed or approved under this Act) after the notice takes effect on account of a right to carry out exploratory operations under an exploration licence in force at the time the notice takes effect, or under a subsequent tenement under paragraph (b), where the tenement holder has reported to the Director of Mines the discovery on the relevant land of minerals that are potentially capable of economic production (including so as to allow a person to apply for (and being granted) a mineral tenement on account of the establishment of the mineral claim), but otherwise a person does not have a right to apply for a mineral tenement in respect of land subject to the operation of the declaration unless specifically authorised to do so by the Minister (either under the terms of the notice under subsection (1) or under a specific authorisation granted by the Minister in connection with the operation of this section).

While land is subject to the operation of a declaration under subsection (1), the land, to the extent of the exemption, may be dealt with by the Minister in accordance with this section and to that extent is not subject to the other provisions of this

Without limiting subsection (5), the Minister may, while land is exempt under this section—

call for applications for the grant of such mineral tenements as the Minister determines in respect of the land or any part of the land;

determine any matter relating to the status or priority of any claim over the land (and, as a result of any such determination, require the removal of any pegs, cancel the operation of any claim, determine not to process any application, or take such other action as the Minister thinks fit);

provide for the management of the land, or any mining right or interest (or potential right or interest) in respect of the land, in such other manner as the Minister thinks fit.

If the Minister calls for applications under subsection (6)(a)—

a person applying to the Minister in response to the call must do so in such manner as the Minister may require; and

the Minister may, on reviewing any application received in response to the call—

grant a mineral tenement under this Act, subject to such terms and conditions as the Minister thinks fit; or

refuse the application.

A declaration under subsection (1) has effect until it is revoked under subsection (3) or until it expires under subsection (9), whichever first occurs.

A declaration under subsection (1) will expire at the end of the period of 2 years from its date of operation unless it is extended for a period or periods, not exceeding 2 years at a time, by further notice published by the Minister in the Gazette.

The Minister must cause copies of a notice of extension published under subsection (9) to be laid before both Houses of

If either House of Parliament passes a resolution disallowing a notice laid before it under subsection (10) then the declaration under subsection (1) will immediately cease to have effect.

A resolution is not effective for the purposes of subsection (11) unless passed in pursuance of a notice of motion given within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the notice under subsection (9) was laid before the

Where a resolution is passed under subsection (11), notice of that resolution must forthwith be published in the Gazette.