Mining Act 1978

This section applies to an activity done on land the subject of a mining lease using machinery to disturb the surface of the land for the purposes of, or in preparation for, prospecting or exploring for minerals but does not apply to mining operations.

It is a condition of every mining lease that an activity that is an EMA must not be done by the lessee on land the subject of the mining lease unless —

the lessee has given an EMA notice in respect of the activity; or

the EMA is proposed in a programme of work and approved under section 103AK(1).

It is a condition of every mining lease that an activity that is not an EMA must not be done by the lessee on land the subject of the mining lease unless the activity is proposed in a programme of work and approved under section 103AK(1).

A lessee of a mining lease is not required to comply with the condition referred to in subsection (2) or (3) in respect of an activity that is proposed in a mining development and closure proposal relating to the mining lease and approved under section 103AO(1).

It is a condition of every mining lease that, if an activity on land the subject of the lease is proposed in a programme of work and approved under section 103AK(1), the lessee must not do the activity on the land otherwise than in accordance with the approved programme of work for the activity.

Unless a Government agreement provides otherwise, this section does not apply to a mining lease granted or held under the agreement in accordance with proposals approved, taken to be approved or determined under the agreement.