Mining Act 1978

Subject to this Act, but notwithstanding any other Act or law, a mining tenement may be granted in respect of an area that consists of private land only or partly of private land and partly of any other land and the authority conferred thereby on the holder thereof may be exercised by that holder in respect of any such land.

Except with the consent in writing of the owner and the occupier of the private land concerned, a mining tenement shall not be granted in respect of private land —

which is in bona fide and regular use as a yard, stockyard, garden, orchard, vineyard, plant nursery or plantation or is land under cultivation; or

which is the site of a cemetery or burial ground; or

which is the site of a dam, bore, well or spring; or

on which there is erected a substantial improvement; or

which is situated within 100 m of any private land referred to in paragraph (a), (b), (c) or (d); or

which is a separate parcel of land and has an area of 2 000 m² or less,

If a question arises as to whether something is a substantial improvement for the purposes of subsection (2)(d), the question is to be determined by the warden and the warden’s determination is final and conclusive and not subject to appeal.

The holder of a mining tenement which —

has been granted wholly or partly in respect of private land referred to in subsection (2)(a), (b), (c), (d), (e) or (f); but

has not been granted in respect of that portion of the private land referred to in paragraph (a) that is less than 30 m below the lowest part of the natural surface of that private land because the consents referred to in subsection (2) have not been given,

On receiving an application made under subsection (5), the Minister may, if he is satisfied that both the owner and the occupier of the private land referred to in paragraph (a) of that subsection have consented in writing to the grant of the mining tenement concerned in respect of the portion referred to in paragraph (b) of that subsection, grant that application.

Subsection (6b) applies to a mining tenement if it —

has been granted wholly or partly in respect of private land referred to in subsection (2)(a), (b), (c), (d), (e) or (f); but

has not been granted in respect of that portion of the private land (the relevant portion) that is less than 30 m below the lowest part of the natural surface of that private land because the consents referred to in subsection (2) have not been given.

If during the currency of a mining tenement to which this subsection applies, the relevant portion or any part of the relevant portion ceases to be private land, the relevant portion or that part of the relevant portion, as the case requires, is, by operation of this subsection, included in the mining tenement.

A mining tenement granted under this Division in respect of any private land —

shall, subject to this Act, authorise the holder of that mining tenement —

to carry out mining on the natural surface of the private land and at any depth thereunder; or

to carry out mining at a depth of not less than 30 m from the lowest part of the natural surface of the private land;

shall comprise a right of access by a right of way, to be marked in the prescribed manner at the expense of the holder of that mining tenement, from the private land through any land, whether occupied under a mining tenement or otherwise, to the nearest practicable point of a street or road, but except with the consent in writing of the owner and the occupier of any land used as a yard, garden, orchard or cultivated field no such right of way shall be had by the holder of that mining tenement through that land;

does not without the consent in writing of the owner and the occupier of the private land authorise the holder of that mining tenement to use water artificially conserved by that owner or occupier or to fell trees, strip bark or cut timber on the private land or, except in connection with mining carried out on the private land, to remove earth or rock therefrom;

does not authorise the holder of that mining tenement to impound any stock or other animals belonging to or being in the custody or under the control of the owner or occupier of any land adjoining the mining tenement, or to disturb or molest any such stock or other animals in any manner whatever, or to prevent any such stock or other animals from depasturing on or over the land the subject of the mining tenement, unless that land is fenced.