Mining Act 1978

Any person may in manner prescribed apply to the Minister to have any private land alienated before 1 January 1899 brought within the operation of this Division for the purpose of mining for minerals other than gold, silver and precious metals.

In respect of an application under subsection (1), the Minister may authorise and instruct a geologist or any other professional officer in the Department to enter, inspect and report upon the private land to which the application, relates and thereupon the geologist or the professional officer with assistants may enter and prospect the private land and do all things necessary to ascertain whether there is a reasonable likelihood of that land containing any mineral in payable quantities.

If the geologist or the professional officer reports to the Minister that in the geologist’s or professional officer’s opinion there is a reasonable likelihood of the private land containing any mineral in payable quantities, the Minister may, with the approval of the Governor, by notice published in the Government Gazette, declare that at the expiration of a period specified in the notice, being a period of not less than 6 months from the date the notice is so published, the private land shall come within the operation of this Division.

A copy of the notice published in the Government Gazette shall be served upon the owner of the private land to which the notice relates, as soon as practicable after it is so published.