s 3Interpretation

In this Act –

Agency means – in relation to Tasmania, Agency as defined in the State Service Act 2000; or in relation to the Commonwealth, a department, authority or agency of the Commonwealth government;

approved means approved by the Director;

atomic substance means – uranium; and thorium; and any other substance declared to be an atomic substance under section 200;

Category 1 mineral means any – metallic mineral; and atomic substance;

Category 2 mineral means coal, peat, lignite, oil shale and coal seam gas;

Category 3 mineral means any rock, stone, gravel, sand and clay used in construction, bricks and ceramics;

Category 4 mineral means any petroleum products except oil shale;

Category 5 mineral means any – industrial mineral; and prescribed precious stone; and prescribed semi-precious stone;

Category 6 mineral means any geothermal substance;

coal seam gas means the gas known as coal bed methane and includes any naturally occurring hydrocarbon, or mixture of hydrocarbons, that is within a deposit of coal or oil shale;

Code of practice means an approved Code of practice;

compensable loss means – damage to the surface of the land; or damage to crops, trees, grasses, fruit, vegetables or other vegetation on the land; or damage to buildings, structures or works on the land; or damage to any improvement on the land; or loss of opportunity to make any planned improvement on the land; or deprivation of possession or use of the whole or part of the surface of the land; or severance of the land from other land of the owner or occupier of that land; or destruction or loss of, or injury to, disturbance of, or interference with, stock; or loss of amenity, including recreation and conservation values; or any decrease in the market values of the owner's or occupier's interest in the land; or surface rights of way and easements;

compensation agreement means an agreement referred to in Part 8;

consolidated mining lease means a lease in force under Part 4;

Crown land means any land vested in the Crown;

Crown lessee means the holder of a Crown lease;

Crown lease means a lease in force under the Crown Lands Act 1976 or the Forest Management Act 2013;

Crown licence means a licence in force under the Crown Lands Act 1976;

Crown licensee means the holder of a Crown licence;

development plan, in relation to a geothermal production licence, means a plan of development that is approved in relation to the licence;

Director means the Director of Mines appointed under section 8;

environment means components of the earth, including – land, air and water; and any organic matter and inorganic matter and any living organism; and human-made or human-modified structures and areas – and includes interacting natural ecosystems that include components referred to in paragraphs (a), (b) and (c);

exploration licence means a licence in force under Part 2;

explore means to determine the existence, quality and quantity of minerals for the purpose of commercial exploitation by – conducting geological, geophysical, geobotanical and geochemical surveys; or drilling; or taking samples for the purpose of chemical or other analysis; or using appropriate instruments, equipment and techniques; or extracting and removing from land material, mineral or other substances for sampling and testing; or carrying out any other activity approved for the purposes of this paragraph by the Minister;

field development plan, in relation to a petroleum production licence, means a plan of field development that is approved in relation to the licence;

forest road has the same meaning as in the Forest Management Act 2013;

forestry right has the same meaning as in the Forestry Rights Registration Act 1990;

fossick means to search for minerals for a purpose other than for commercial gain to a depth of 2 metres by – digging by hand; or using hand held instruments;

fossil means any remains, trace or imprint of a plant or animal that is preserved by normal processes in the earth's crust;

gas means any naturally occurring hydrogen, hydrogen sulphide, nitrogen, helium or carbon dioxide;

geology means the geosciences;

geoscientific means relating to geology, geochemistry, geophysics, mineralogy and palaeontology;

Geoscientific Trust Fund means the Geoscientific Investigation and Research Trust Fund established under Part 9;

geothermal energy means thermal energy that was contained in subsurface rock or other subterranean substances;

geothermal production licence means a geothermal production licence in force under Part 3A;

geothermal reservoir means part of a geological structure, including such a structure that has been modified by human activity, which part is suitable for the transmission of a geothermal substance;

geothermal resource, in relation to a geothermal production licence, means the amount, determined in accordance with an approved method by the person who holds or has applied for the licence, of geothermal energy that may be produced from geothermal substances within the area of land to which the licence relates or is to relate;

geothermal substance means a substance occurring naturally or introduced underground which is heated by the natural processes of the earth to a temperature in excess of 40° Celsius;

group prospecting licence means a group prospecting licence in force under Part 5;

industrial mineral means any mineral prescribed as an industrial mineral;

inspector means an inspector appointed under section 8;

land includes – land within the beds or banks of any stream and watercourse; and land beneath the internal waters of Tasmania; and the sea bed; and waters in, upon or above land; and stratum of land;

lease means a mining lease in force under Part 4;

lease area means an area of land which is subject to a lease;

lessee means the holder of a lease;

licence means – in Part 2, an exploration licence in force under that Part; and in Part 2A, a special exploration licence in force under that Part; and in Part 3, a retention licence in force under that Part; and in Part 3A, a production licence in force under that Part; and in Part 5, a prospecting licence and a group prospecting licence, in force under that Part; and in any other Part, any licence in force under this Act;

licence area means an area of land which is subject to an exploration licence, a special exploration licence, a production licence or a retention licence;

licensee means – in Part 2, the holder of an exploration licence; and in Part 2A, the holder of a special exploration licence; and in Part 3, the holder of a retention licence; and in Part 3A, the holder of a production licence; and in Part 5, the holder of a prospecting licence or group prospecting licence; and in any other Part, the holder of any licence in force under this Act;

Magistrates Court (Civil Division)means the division of the Magistrates Court established under section 4 of the Magistrates Court (Civil Division) Act 1992;

metallic mineral means any mineral prescribed as a metallic mineral;

mine means any place where mining is being carried out;

mineral means any metallic mineral, non-metallic mineral, industrial mineral, inorganic substance, coal, oil, gas, petroleum, geothermal substance, atomic substance and matter forming part of the crust of the earth, other than– the subsoil; or the layer of soil sustaining vegetation; or any rock, crushed stone, gravel, sand or clay produced on private land for the private use of the owner; or mineral water; or any mineral produced as a by-product of a mining operation and stored as a waste product on a lease area and not sold or otherwise disposed of to another person;

Mineral Exploration Code of Practice means the Code of practice of that name approved from time to time under section 204;

mineral tenement means a licence or lease other than a prospecting licence or a group prospecting licence;

mining means any operation or work, other than fossicking or prospecting, carried out to obtain minerals;

mining lease means a mining lease in force under Part 4;

mining operations means any operations or work carried out on a lease area – to obtain or treat minerals; or to store or contain minerals or waste material generated by mining on that lease area or another lease area; or associated with mining – and includes production activities in relation to a Category 4 mineral or a Category 6 mineral;

mining plan, in relation to a lease or an application for a lease, means a plan that sets out information required by the Director including, but not limited to including, the following:the name of the minerals, or category of minerals, to which the lease or application relates; the site plan, which is to include – the means by which access to the area of land comprised in the lease is to be obtained; and the infrastructure proposed to be situated on the area of land comprised in the lease; and surface hydrology for the area of land comprised in the lease; and other matters related to activities under the lease; the proposals for treatment of, transport of, handling of, and storage of, waste from – minerals obtained under the lease; or the substances from which minerals are to be obtained under the lease; the requirements for water to be used in mining operations under the lease; the proposed stages of development under the lease and of any proposed rehabilitation of land in the area of land comprised in the lease; the provision to be made in relation to closure of the mine on the lease area after mining under the lease ceases; a description of the potential geological and environmental risks associated with mining operations under the lease;

mining product means any mineral obtained by mining;

Mining Tribunal means the Mining Tribunal established under Part 7;

native title means an approved determination of native title under the Native Title Act 1993 of the Commonwealth the details of which are recorded in the National Native Title Register under that Act;

occupier, in relation to land, means a person in lawful possession of the land;

oil means any natural gas, solid bitumen and mineral oil obtainable by a well other than – mineral oil extractable by the application of heat or chemical process; and helium or hydrogen; and coal seam gas;

oil shale means shale containing fossilised insoluble organic matter which will yield liquid or gaseous hydrocarbons on distillation;

owner includes – the holder of any Crown land under a contract of sale and purchase; and the holder of native title to any land;

person includes an Agency;

petroleum means any – naturally occurring hydrocarbon or mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or mixture of one or more such hydrocarbons and gas – but does not include coal seam gas;

petroleum production licence means a petroleum production licence in force under Part 3A;

petroleum reservoir means part of a geological structure (including such a structure that has been modified by human activity) – in which gas or petroleum has accumulated; and that is suitable for the storage and transmission of gas or petroleum;

petroleum resource, in relation to a petroleum production licence, means an amount, determined in an approved manner by the person who holds or has applied for the licence, of petroleum contained in a petroleum reservoir to which the licence relates or is to relate;

plan of development, in relation to an application for a geothermal production licence, means a plan that sets out information required by the Director in relation to – the geothermal resource to which the licence is to relate; and how access to geothermal substances is to be obtained under the licence; and how geothermal energy that is produced under the licence is to be used; and how geothermal resources are to be managed under the licence; and how geothermal reservoirs are to be managed under the licence; and any other matter the Director thinks fit;

plan of field development, in relation to an application for a petroleum production licence, means a plan that sets out information required by the Director in relation to – the petroleum resources to which the licence is to relate; and how access to the petroleum resources is to be obtained under the licence; and how the petroleum resources are to be managed under the licence; and how petroleum reservoirs are to be managed under the licence; and any other matter, in relation to production activities under the licence, that the Director thinks fit;

private land means any land that is not Crown land;

produced– in relation to geothermal energy – see section 3A(2); and in relation to petroleum – see section 3B(4);

production activities– see section 3B;

production licence means a petroleum production licence or a geothermal production licence;

prospect means to explore for minerals to a depth of less than 2 metres below the surface of the earth or of any pre-existing excavation by means of a hand held instrument;

prospecting licence means a prospecting licence in force under Part 5;

public land means – any Crown land; and any land vested in a body or authority established under a law of the State for a public purpose; and any land vested in a body corporate in which the Crown has a controlling interest;

public purpose means a purpose for the benefit of the public in general;

public reserve means any land reserved for a public purpose;

quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December in any year;

record includes any document, financial statement or plan stored or maintained by any means;

register means the mining register kept under Division 5 of Part 10;

Registrar means the Registrar of Mines appointed under section 8;

Rehabilitation Trust Fund means the Rehabilitation of Mining Lands Trust Fund continued under Division 4 of Part 10;

relevant period means the period starting when an improvement on land was made and ending when the damage to the improvement occurred;

retention licence means a licence in force under Part 3;

reporting guidelines means guidelines issued under section 204A for the preparation of mineral tenement reports and returns by licensees or lessees;

security deposit means a cash deposit or any other form of security the Minister determines to – cover any damage to private property; or cover failure to meet work program or licence commitments; or provide funds to mitigate any damage to the environment during mining operations or exploration;

sell includes – offer or agree to sell; and keep or have in possession for sale; and dispose of; and barter or exchange; and transfer; and expose for sale; and send, deliver or receive for sale; and cause or permit to be sold;

special exploration licence means a licence in force under Part 2A;

speleothem means a formation formed within a cave which is – a mineral; or a precipitate; or an accumulation of non-precipitate material;

State forest means permanent timber production zone land within the meaning of the Forest Management Act 2013;

stone means – sandstone, freestone and other building stone; and basalt, dolerite, granite, slate, limestone and rock of a kind ordinarily used for building or construction purposes; and quartz, other than quartz crystals; and slate and gravel; and pipeclay and clay, other than fireclay, bentonite or kaolin; and sand and soil; and limestone and dolomite used for agricultural purposes; and other similar materials;

stratum of land means a specific part of land of any shape below or on the surface of land;

work program means an approved program of work.

s 3AMeaning of obtaining minerals, andproduced, in relation to geothermal energy

A reference in this Act to obtaining minerals includes a reference to producing geothermal energy.

For the purposes of this Act, geothermal energy is produced when the energy reaches the surface of the earth as a result of production activities.

s 3BMeaning of production and ofproduction activities

In this Act, production activities, in relation to a Category 4 mineral, means – the carrying out of an activity to release, or recover, petroleum from a petroleum reservoir in which it is contained and the execution of the works necessary to carry out that activity; and the injection of petroleum, carbon dioxide, water or some other product into a petroleum reservoir; and any other kind of activity that is prescribed by the regulations to be a production activity in relation to a Category 4 mineral.

In this Act, production activities, in relation to a Category 6 mineral, means – the carrying out of an activity to produce geothermal energy relating to the mineral and the carrying out of the activities, and the execution of the works, necessary for that purpose; and the injection of water, or another substance, into a geothermal reservoir; and any other kind of activity that is prescribed by the regulations to be a production activity in relation to a Category 6 mineral.

In this Act, production activities, in relation to a Category 4 mineral or a Category 6 mineral, does not include producing petroleum or geothermal energy as a by-product of mining operations for the purpose of obtaining any other mineral.

For the purposes of this Act, a Category 4 mineral is produced when it reaches the surface of the earth.

s 4Act binds Crown

This Act binds the Crown in the right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

s 5Application of Act

Subject to this section, this Act applies to all land and minerals in the State.

Subject to subsection (3), this Act does not apply to the surface, or within 15 metres below the surface, of any land which is set apart or dedicated for any public purpose, other than as – a public reserve within the meaning of the Crown Lands Act 1976; or permanent timber production zone land within the meaning of the Forest Management Act 2013.

The Minister, by order and with the agreement of any other appropriate Minister, may declare that this Act or any specified provision of this Act applies to – any specified land set apart or dedicated for any public purpose.

The Minister, by order, may declare that any specified area of land or any specified mineral is exempt from this Act.

A person must not explore, undertake mining on, or remove minerals from, any area of land in contravention of an order under subsection (4).

The holder of an exploration licence or a special exploration licence must not exercise any right conferred by the licence within an area of land exempted under subsection (4) without the Minister's approval. Fine not exceeding 10 penalty units.

This Act does not apply to the mining of – Category 3 minerals carried out by the Crown in a State forest or on future potential production forest land within the meaning of the Forestry (Rebuilding the Forest Industry) Act 2014 in accordance with the Forest Practices Code under the Forest Practices Act 1985 for the purpose of supplying materials for the construction of a forest road for providing access to a State forest; or Category 3 minerals carried out by the Crown from a quarry in a State forest and sold at a rate of less than 100 tonnes per year.

Sections 19, 54 and 79 do not apply to the prescribed area of land in the municipal area of Dorset.

This Act does not extinguish or impair any native title rights and interests recognised under the Native Title Act 1993 of the Commonwealth.

This Act applies to reserved land within the meaning of the Nature Conservation Act 2002 and a public reserve within the meaning of the Crown Lands Act 1976.

s 6Ownership of minerals and substances

All minerals held in private ownership at the commencement of this Act continue to be so held.

Any minerals not held in private ownership vest in the Crown.

Any minerals on any Crown land which is sold or otherwise disposed of remain vested in the Crown.

Any gold, silver, atomic substance, helium, geothermal substance, petroleum, hydrogen and oil existing in a natural state on or below the surface of land vests in the Crown.

Any Category 3 minerals are owned by the owner of the surface of the land regardless of the depth at which they occur.

Subsection (5) does not affect the operation of subsection (3).

s 7Non-application of Act to certain minerals

This Act does not apply to any Category 3 mineral on private land which is mined for the use of the owner or occupier or sold at a rate of less than 100 tonnes each year.

s 8Director, Registrar and inspectors

The Minister may appoint a State Service officer or State Service employee to be the Director of Mines.

The Director may appoint – a person to be the Registrar of Mines; and persons to be inspectors.

A person who holds the position of Director, Registrar or an inspector, may hold that position in conjunction with State Service employment.

The Director may authorise a person employed in the Department to perform the functions and exercise the powers of the Registrar.

A person who, immediately before the commencement of the Mineral Resources Development Amendment Act 2017, held the position of Director, Registrar or an inspector continues to hold that position on the same terms and conditions.

s 9Powers of inspectors

An inspector, at any reasonable time for the purpose of ascertaining whether or not the provisions of this Act are being contravened or are being complied with, may do any or all or the following:enter, remain on and pass over any land; enter, remain on and inspect any mine; enter, remain on and inspect any place the inspector reasonably believes is being used for mining; examine any plant or any other thing in a mine; remove any material or substance from a plant or mine; seize anything which the inspector believes on reasonable grounds is the means by which the provisions of this Act or standards specified in a Code of practice have been contravened or not complied with; require the production of any relevant documents; inspect, examine and make copies of, or extracts from, relevant documents; remove relevant documents to make a copy or extract; take any photographs or audio or video recordings that the inspector considers necessary; require a person to state his or her name and address if – the person is found committing an offence against this Act or is not conducting mining operations or exploration consistent with standards specified in a relevant Code of practice; or the inspector believes on reasonable grounds that the person has committed an offence against this Act or is not conducting mining operations or exploration consistent with standards specified in a relevant Code of practice; or the person is a person whose name and address are, in the opinion of the inspector, reasonably required; require any person to give any assistance reasonably required to exercise any power referred to in this situation.

An inspector may be accompanied by any assistant as is necessary to exercise any power under this Act.

An inspector must not exercise any powers under this section so as to unnecessarily impede or obstruct the working of a mine.

Mineral Resources Development Act 1995

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