Mining Act 1978

Except as provided in subsection (2), before an application for a mining tenement other than an exploration licence, a retention licence or a miscellaneous licence is made, the land in relation to which the mining tenement is sought shall be marked out in the prescribed manner and in the prescribed shape, and for the purpose of any claim for compensation for loss or damage suffered or likely to be suffered resulting or arising therefrom under section 123, or for an order under section 124(2), the activities involved in the marking out shall be taken to be activities relating to prospecting and, as such, to constitute mining.

The holder of a prospecting licence, exploration licence or retention licence may make an application for the grant of a mining lease or general purpose lease in respect of any part of the land the subject of the licence without first marking out the land in relation to which the lease is sought if the holder includes with the application —

a statement of the grounds of the application; and

evidence supporting the statement.

The statement must specify that, in the opinion of the holder of the licence, it is not possible for the land in relation to which the lease is sought to be accessed by or on behalf of the holder for the purpose of marking out as a result of 1 or more of the following —

any law;

any order of a court, tribunal or person acting judicially;

an act or omission of —

a department of the Public Service; or

a State agency or instrumentality; or

a local government, regional local government or regional subsidiary; or

a body, whether incorporated or not, or the holder of an office, post or position, that is established or continued for a public purpose under a written law; or

a brigade as defined in the Fire Brigades Act 1942 section 4(1);

any disaster or emergency, including a disaster or emergency caused by —

fire, storm, flood, lightning, landslide or earthquake; or

the holder or any other person;

any revolution, insurrection, riot or other civil disturbance;

any vandalism, sabotage or other form of malicious damage of property;

any war (whether declared or undeclared) or military operation;

any strike, lock‑out or other industrial dispute;

any other circumstance beyond the control of the holder of the licence.

If the holder of the licence makes an application in reliance on subsection (2), the holder must —

mark out the land in relation to which the lease is sought in the prescribed manner and in the prescribed shape —

as soon as practicable after it becomes possible for the land to be accessed; or

if the mining registrar is not satisfied that the evidence provided under subsection (2)(b) demonstrates that it is not possible for the land to be accessed and specifies, in writing, a day by which the land must be marked out — by the end of the specified day; or

if the mining registrar is satisfied that it has become possible for the land to be accessed and specifies, in writing, a day by which the land must be marked out — by the end of the specified day;

as soon as practicable after the land is marked out, provide the mining registrar with evidence that the land has been marked out.

The activities involved in marking out under subsection (4)(a) are taken to be activities relating to prospecting and to constitute mining for the purpose of any claim under section 123 for compensation for loss or damage suffered, or likely to be suffered, resulting or arising from marking out —

under subsection (4)(a); or

for the purposes of an order under section 124(2).