Mining Act 1978

This section applies to the following activities 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, mining operations;

carrying out 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 mining development and closure proposal and approved under section 103AO(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 mining development and closure proposal 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 mining development and closure proposal and approved under section 103AO(1), the lessee must not do the activity on the land otherwise than in accordance with the approvals statement for the lease.

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.