Mining Act 1978

Where any land is the subject of a mining lease (in this section called the primary tenement) then, notwithstanding section 117, a person may at any time mark out and, in accordance with section 41, apply for a prospecting licence for gold (in this section called a special prospecting licence) in respect of any part of the land the subject of the primary tenement.

A special prospecting licence may only be applied for by, granted to or held by a natural person.

An application for a special prospecting licence shall be accompanied by the written consent of the holder of the primary tenement to the granting of the special prospecting licence.

Subject to this section, the mining registrar may, if the mining registrar is satisfied that the holder of the primary tenement has consented in writing to the granting of the special prospecting licence, grant a special prospecting licence on such terms or conditions as the mining registrar thinks fit, but a special prospecting licence so granted —

shall not exceed 10 ha in area; and

authorises the holder of the special prospecting licence to prospect only for gold; and

does not, unless the Minister otherwise directs, prevent the holder of the primary tenement from prospecting for minerals other than gold in or on the land the subject of the special prospecting licence; and

does not authorise the holder of the special prospecting licence to excavate, extract or remove during the period for which the mining tenement remains in force a total amount of earth, soil, rock, stone, fluid or mineral bearing substances in excess of 500 t, except in so far as the prior written approval of the Minister may otherwise permit; and

does not authorise mining to be carried out in any portion of the land that is —

below a depth specified in the terms and conditions of the special prospecting licence, and any depth so specified shall be less than 50 m below the lowest part of the natural surface of the land the subject of the special prospecting licence; or

if a depth is not so specified, 50 m or more below the lowest part of the natural surface of the land the subject of the special prospecting licence, except in so far as both the prior written consent of the holder of the primary tenement and the prior written approval of the Minister may otherwise permit.

A special prospecting licence may be granted for a period of 3 months or for any period which is a multiple of 3 months but which does not exceed 4 years.

A special prospecting licence —

continues in force notwithstanding that the holder of the primary tenement may apply for and be granted a retention licence, mining lease or general purpose lease in respect of the land; but

ceases (and the land in respect of which it was granted reverts to the holder of the primary tenement as an integral part of the mining tenement held by that person) on the surrender, forfeiture or expiry of that special prospecting licence.

No legal or equitable interest in or affecting —

a special prospecting licence; or

a mining lease in respect of the land or any part of the land the subject of a special prospecting licence,

more than 10 such special prospecting licences; or

more than one such mining lease.

A reference in subsection (5) to a person includes a reference to any other person who would, for the purposes of the Corporations Act, be taken to be an associate of the first‑mentioned person.

The holder of a special prospecting licence granted for a period of 4 years may make an application for a mining lease for gold in respect of the land or any part of the land which is the subject of the special prospecting licence, and on an application being made the Minister may grant the application for a lease in respect of that portion of the land to which the special prospecting licence relates that is less than a depth of 50 m, or such greater depth as the Minister approves with the prior written consent of the holder of the primary tenement, below the lowest part of the natural surface of the land and on such terms and conditions as the Minister thinks fit, and thereupon the area of land in respect of which that mining lease is granted shall be excised from the primary tenement.

Sections 74, 74A and 75 apply to an application for a mining lease under subsection (7).

A mining lease granted pursuant to subsection (7) —

has effect in relation to gold and any minerals occurring in conjunction with that gold; and

does not authorise the holder of the mining lease or any agents or employees of the holder to excavate, extract or remove a total amount of earth, soil, rock, stone, fluid or mineral bearing substances in excess of 750 t in any year, except in so far as both the prior written consent of the holder of the primary tenement and the prior written approval of the Minister may otherwise permit; and

ceases to have effect (and the land in respect of which it was granted reverts to the holder of the primary tenement as an integral part of the tenement held by that person) on the surrender, forfeiture or expiry of that lease.

Subject to this section, the provisions of this Act relating to —

prospecting licences apply to a special prospecting licence; and

mining leases apply to a mining lease,

Where, before the determination of an application for a special prospecting licence in respect of land, the primary tenement is surrendered or forfeited or expires, the application is, by virtue of this subsection, converted into an application for a prospecting licence in respect of that land and the provisions of this Act relating to such applications apply accordingly.

On the surrender, forfeiture or expiry of the primary tenement, a special prospecting licence in respect of any land the subject of the primary tenement immediately before the date of its surrender, forfeiture or expiry is, by virtue of this subsection, converted into a prospecting licence in respect of that land and, subject to subsection (11), the provisions of this Act relating to prospecting licences apply accordingly.

Where a special prospecting licence is converted into a prospecting licence, the prospecting licence remains in force, subject to this Act, for the remainder of the period for which the special prospecting licence was granted.

Subsections (9a) and (10) do not apply if —

the primary tenement is amalgamated with an exploration licence under section 67A(1); or

prior to the surrender, forfeiture or expiry of the primary tenement the holder of the primary tenement applies for a retention licence, a mining lease or a general purpose lease and the licence or lease is subsequently granted in respect of any land the subject of the special prospecting licence.