Lands alienated to be subject to conditions for mining
205 Lands alienated to be subject to conditions for mining
No. 3709 s. 167.
S. 204 amended by Nos 92/1990 s. 128(Sch. 1 item 13.8 (a)–(e)), 63/2006 s. 61(Sch. item 19).
204 All Crown grants and certain licences and leases to contain condition permitting mining on compensation for surface damage
There shall be inserted in every Crown grant of land alienated in fee-simple, and in every licence or lease of land with the right of acquiring the fee‑simple thereof and in every perpetual lease a condition or covenant that such land is granted licensed or demised subject to the right of a licensee under the Mineral Resources (Sustainable Development) Act 1990 or any corresponding previous enactment to enter therein and to do work within the meaning of the said Act and to erect and occupy mining plant or machinery thereon in the same manner and under the same conditions and provisions as those to which such person has now the right to do such work in and upon Crown lands provided that compensation as prescribed by Part 8 of the said Act is paid for surface damage to be done to such land by reason of doing such work on it.
No. 3709 s. 168.
The Governor in Council may resume for mining purposes all lands alienated under the provisions of this Part on paying full compensation to the licensee lessee or owner for the value of the land and of the improvements so resumed.
S. 205(2) amended by Nos 7840 s. 21(a), 7876 s. 2(3), 57/1989 s. 3(Sch. item 109.8), 92/1990 s. 128(Sch. 1 item 13.9 (a)(b)), 63/2006 s. 61(Sch. item 19).
If such value is not ascertained by agreement within one month from the date of the notification by the Governor in Council of his intention to resume the land, then the licensee lessee or owner thereof may proceed in the manner provided by the Mineral Resources (Sustainable Development) Act 1990 to ascertain the amount of compensation to which he may be entitled under the provisions of this section.
S. 205(3) amended by No. 7840 s. 21(b), repealed by No. 92/1990 s. 128(Sch. 1 item 13.10).
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S. 205(4) amended by Nos 7840 s. 21(c)(i)–(iii), 7876 s. 2(3), 57/1989 s. 3(Sch. item 109.9), repealed by No. 92/1990 s. 128(Sch. 1 item 13.10).
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S. 205(5) amended by Nos 7840 s. 21(d)(i)–(iii), 7876 s. 2(3), 57/1989 s. 3(Sch. item 109.10), repealed by No. 92/1990 s. 128(Sch. 1 item 13.10).
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The terms conditions and events upon which such lands may be resumed shall be determined by regulations in such manner as the Governor in Council from time to time directs.
Where under the provisions of any Act previously in force the Governor in Council was at the commencement of this Act entitled to resume any lands for mining purposes on paying compensation therefor, the Governor in Council, notwithstanding the repeal of such Act, may resume such lands for such purposes in accordance with the provisions of this section.
S. 206 amended by No. 7228 s. 7(Sch. 4 Pt 19(oa)), repealed by No. 96/1994 s. 28.
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S. 207 repealed by No. 96/1994 s. 28.
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This provision refers to the regulations (determined by regulations
). Made under this Act:
- Land (Regulated Watercourse Land) Regulations 2021 · under section 413
- Land Regulations 2016 · under section 413
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