Land not available for exploration, mining and searching
6 Land not available for exploration, mining and searching
The following land is exempted from being subject to a licence or other authority under this Act—
land that is a reference area under the Reference Areas Act 1978;
land that is a national park, wilderness park or State park under the National Parks Act 1975, unless the land is covered by—
a lease, licence, permit or authority under the Mines Act 1958 that must, by virtue of this Act, be treated as a mining licence or an exploration licence (including such a lease, licence, permit or authority that is renewed under this Act); or
a licence under this Act granted before the declaration of the national park, wilderness park or State park (including such a licence that is renewed after that declaration); or
a mining licence that is granted over land that was, immediately before the granting of the mining licence, covered by an exploration licence that was granted before the declaration of the national park, wilderness park or State park (including such a mining licence that is renewed after that declaration);
S. 6(1)(ba) inserted by No. 40/2002 s. 29.
land that is a marine national park or a marine sanctuary under the National Parks Act 1975;
S. 6(1)(c) substituted by Nos 82/2000 s. 6(1), 16/2006 s. 198(Sch. 2 item 5(2)).
land in respect of which an ongoing protection declaration is in force under the Aboriginal Heritage Act 2006;
S. 6(1)(d) substituted by No. 82/2000 s. 6(1), repealed by No. 16/2006 s. 198(Sch. 2 item 5(2)).
* * * * *
S. 6(1)(e) substituted by No. 64/2012 s. 13.
land that is—
under section 7 exempted from being subject to a licence; or
by or under any other Act exempted from exploration or mining, or being subject to a licence;
S. 6(1)(f) inserted by No. 64/2012 s. 13.
land that is by or under any other Act exempted from—
search for minerals or stone; or
the carrying out of an extractive industry; or
being subject to an authority under this Act.
S. 6(2) inserted by No. 82/2000 s. 6(2).
Despite subsection (1)(b), any area of a park that is the subject of a notice under section 32D(1) of the National Parks Act 1975 is not exempted from being subject to a miner's right or a tourist fossicking authority to the extent that any activity permitted under such a right or authority is consistent with an authorisation under section 32D(2)(b) of that Act in the area designated by the notice.
S. 6(3) inserted by No. 50/2002 s. 20, amended by Nos 44/2016 s. 30, 53/2017 s. 16, 40/2020 s. 60.
(3) Despite subsection (1), that part of the park described in Part 41 of Schedule Two to the National Parks Act 1975 that is shown by hatching on the plans lodged in the Central Plan Office and numbered N.P. 105A/4 and N.P. 105B/4 is not exempt from being subject to a mining licence, to the extent of the entitlements set out in section 40(1D)(a) of that Act, or from being subject to an exploration licence.
S. 6AA inserted by No. 6/2009 s. 9.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.