Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
MINERAL RESOURCES DEVELOPMENT
AMENDMENT BILL 2013
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Sections 3A and 3B inserted
3A. Meaning of obtaining minerals, and produced, in
relation to geothermal energy
3B. Meaning of production and of production activities
6. Section 5 amended (Application of Act)
7. Section 6 amended (Ownership of minerals and substances)
8. Section 11 amended (Application for exploration licence)
9. Section 12 amended (Priority of applications)
10. Section 13 amended (Pending application)
11. Section 14 amended (Recommendation of application for
exploration licence)
12. Section 15A inserted
15A. Alteration of application, &c., before notice
published
13. Section 16 substituted
16. Alteration of application after objection
14. Section 17 amended (Granting application for exploration
licence)
[Bill 23]-XI
15. Section 17A inserted
17A. When application for licence may be granted or
refused
16. Section 18 amended (Conditions of exploration licence)
17. Section 19 substituted
19. Restriction on exploration in relation to private land
18. Section 20 amended (Exploration licence)
19. Section 21 amended (Area of land comprised in exploration
licence)
20. Section 22 amended (Exploration licence for small areas)
21. Section 23 amended (Authority of exploration licence)
22. Section 24 amended (Term of exploration licence)
23. Section 25 amended (Extension of term of licence)
24. Section 26 substituted
26. Minimum expenditure
25. Section 28 amended (Annual report)
26. Section 28A inserted
28A. Returns
27. Section 30 substituted
30. Exploration without licence
28. Section 32 amended (Application for transfer of exploration
licence)
29. Section 33 amended (Approval of transfer of exploration
licence)
30. Section 35 amended (Surrender of exploration licence)
31. Section 37 amended (Term of consolidated exploration licence)
32. Part 2, Division 4: Heading repealed
33. Part 2A: Heading inserted
PART 2A - Special Exploration Licences
34. Part 2A, Division 1: Heading inserted
Division 1 - Applications
35. Section 38 amended (Application for special exploration licence)
36. Sections 38A and 38B inserted
38A. Priority of applications
38B. Pending application
2
37. Section 39 amended (Recommendation of application for special
exploration licence)
38. Section 40 amended (Objection to special exploration licence)
39. Sections 40A and 40B inserted
40A. Alteration of application, &c., before notice
published
40B. Alteration of application after objection
40. Section 41 amended (Granting application for special
exploration licence)
41. Section 41A inserted
41A. When Minister may grant application
42. Section 42 amended (Conditions of special exploration licence)
43. Section 42A inserted
42A. Restriction on exploration on private land
44. Part 2A, Division 2: Heading inserted
Division 2 - Special exploration licences
45. Section 42B inserted
42B. Special exploration licence
46. Section 43 substituted
43. Authority of special exploration licence
43A. Duties under special exploration licence
43B. Annual report
43C. Returns
47. Section 44 amended (Term of special exploration licence)
48. Section 44A inserted
44A. Extension of term of licence
49. Section 45 amended (Area of land comprised in special
exploration licence)
50. Section 45A inserted
45A. Exploration without licence
51. Part 2A, Division 3: Heading inserted
Division 3 - Dealings with special exploration licences
52. Sections 45B, 45C and 45D inserted
45B. Variation of special exploration licence
45C. Application for transfer of special exploration
licence
45D. Approval of transfer of special exploration licence
3
53. Section 46 amended (Revocation of special exploration licence)
54. Section 46A inserted
46A. Surrender of special exploration licence
55. Section 47 amended (Application for retention licence)
56. Section 48 substituted
48. Holder of exploration licence or lease may permit
other person to apply for retention licence
57. Section 49A inserted
49A. Pending application
58. Section 52 substituted
52. Alteration of application after objection
59. Section 53 amended (Granting application for retention licence)
60. Section 54 substituted
54. Restriction on exploration on private land
61. Section 55 amended (Conditions of retention licence)
62. Section 56 amended (Retention licence)
63. Section 57 substituted
57. Area of land comprised in retention licence
64. Section 58 amended (Authority of retention licence)
65. Section 59 amended (Term of retention licence)
66. Section 60A substituted
60A. Annual report
60AB. Returns
67. Section 60C substituted
60C. Exploration without licence
68. Section 61 amended (Variation of retention licence)
69. Section 62 amended (Application for transfer of retention
licence)
70. Section 63 amended (Approval of transfer of retention licence)
71. Section 64 amended (Extension of term of retention licence)
72. Section 65 amended (Term of extended licence)
73. Section 67 amended (Surrender of retention licence)
74. Part 3A inserted
PART 3A - Production Licences
Division 1 - Applications
4
67A. Application for production licence
67B. Holder of licence may consent to other person
applying for production licence
67C. Pending applications
67D. Recommendation of application for production
licence
67E. Objection to production licence
67F. Alteration of application, &c., before notice
published
67G. Alteration of application after objection
67H. Granting application for production licence
67I. When Minister may grant application
67J. Conditions of licence
67K. Restriction on exploration on private land
Division 2 - Production licences
67L. Production licence
67M. Area of land comprised in production licence
67N. Authority of production licence
67O. Term of production licence
67P. Extension of term of production licence
67Q. Exemption from conditions of production licence
67R. Annual report
67S. Returns
67T. Duties under production licence
67U. Production without licence
Division 3 - Dealings with licence
67V. Variation of production licence
67W. Application for transfer of production licence
67X. Approval of transfer of production licence
67Y. Revocation of production licence
67Z. Surrender of production licence
75. Section 70 amended (Applications for mining lease)
76. Section 71 amended (Exclusive right to mining lease)
77. Section 72 amended (Marking out)
78. Section 74 amended (Priority of applications for leases)
79. Section 74A inserted
74A. Alteration of application, &c., before notice given
80. Section 75 amended (Recommendation of application for mining
lease)
81. Section 77 amended (Amendment of applications after
objections)
5
82. Section 78 amended (Granting application for mining lease)
83. Section 78A inserted
78A. When Minister may grant application
84. Section 79 substituted
79. Mining lease over private land
85. Section 80 amended (Conditions of mining lease)
86. Section 81 amended (Mining lease)
87. Section 83 amended (Area of land comprised in mining lease)
88. Section 84 amended (Authority of mining lease)
89. Section 87 substituted
87. Returns
87A. Annual report
90. Section 89 amended (Sublease)
91. Section 90 amended (Recommendation of application for
sublease)
92. Section 91 amended (Approval of sublease)
93. Section 93 amended (Application for transfer of mining lease)
94. Section 94 amended (Recommendation of application for
transfer)
95. Section 95 amended (Approval of transfer of mining lease)
96. Section 100 amended (Surrender of mining lease)
97. Section 101 amended (Rent)
98. Section 102 amended (Royalty)
99. Sections 102AA and 102AB inserted
102AA. Agreement to deferral of royalty
102AB. Effect of, and revocation of, agreement to defer
royalty, &c.
100. Section 103 amended (Recovery and collection of royalty)
101. Section 106 amended (Lease for storage and other purposes)
102. Part 5: Heading amended
103. Part 5, Division 1: Heading amended
104. Section 107 substituted
107. Prospecting without licence prohibited
6
105. Section 108 amended (Application for prospecting licence or
group prospecting licence)
106. Section 110 amended (Conditions of prospecting licence or
group prospecting licence)
107. Section 111 amended (Prospecting licence and group
prospecting licence)
108. Section 112 amended (Authority of prospecting licence and
group prospecting licence)
109. Section 113 amended (Term of prospecting licence and group
prospecting licence)
110. Section 115 amended (Reports and work program)
111. Section 116 substituted
116. Fossicking areas
112. Section 117 amended (Notification by licensee of drill core and
cutting recovered)
113. Section 119 amended (Deposit by licensee of drill core or
cutting)
114. Section 121 amended (Disposal and deposit by lessee)
115. Section 128 amended (Jurisdiction of Mining Tribunal)
116. Section 149 amended (Compensation for revocation due to
public purpose)
117. Section 150 amended (Determination of compensation)
118. Sections 161E, 161F and 161G inserted
161E. Director to publish notice where licence ceases to
apply to land
161F. Authorisation to conduct geological investigation
161G. Works approval under authorisation to conduct
geological investigation
119. Sections 164A and 164B inserted
164A. Areas of geological significance
164B. Director may require seller of minerals from
construction activities to provide information
120. Section 183 amended (Lodgment)
121. Section 184 amended (Notice of lodgment)
122. Section 185 amended (Duration of caveat)
123. Section 187 amended (Records kept by licensee)
7
124. Section 188 amended (Records kept by lessee)
125. Section 188A inserted
188A. Accurate plans of mines to be made and kept
126. Section 189 amended (Copies of records and plans)
127. Section 190 amended (Confidentiality of records)
128. Section 191 amended (Publication of records, returns and
information)
129. Section 196 amended (Use of security deposit)
130. Section 199A inserted
199A. Director may require purchaser to provide
information
131. Section 204A inserted
204A. Annual report guidelines
132. Repeal of Act
8
MINERAL RESOURCES DEVELOPMENT
AMENDMENT BILL 2013
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
18 April 2013
(Brought in by the Minister for Energy and Resources, the
Honourable Bryan Alexander Green)
A BILL FOR
An Act to amend the Mineral Resources Development Act
1995
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Mineral Resources
Development Amendment Act 2013.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 23] 9
Mineral Resources Development Amendment Act 2013
Act No. of
s. 3
3. Principal Act
In this Act, the Mineral Resources Development
Act 1995* is referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of Agency:
annual report guidelines means
guidelines issued under
section 204A for the preparation
of annual reports by licensees or
lessees;
(b) by omitting "and oil shale" from the
definition of Category 2 mineral and
substituting ", oil shale and coal seam
gas";
(c) by inserting the following definition after
the definition of Category 6 mineral:
coal seam gas means the gas known as
coal bed methane and includes
any naturally occurring
hydrocarbon, or mixture of
hydrocarbons, that is within a
deposit of coal or oil shale;
*No. 116 of 1995
10
Mineral Resources Development Amendment Act 2013
Act No. of
s. 4
(d) by inserting the following definition after
the definition of Crown licensee:
development plan, in relation to a
geothermal production licence,
means a plan of development that
is approved in relation to the
licence;
(e) by inserting the following definition after
the definition of Director:
environment means components of the
earth, including -
(a) land, air and water; and
(b) any organic matter and
inorganic matter and any
living organism; and
(c) human-made or human-
modified structures and
areas -
and includes interacting natural
ecosystems that include
components referred to in
paragraphs (a), (b) and (c);
(f) by inserting "for the purposes of this
paragraph" after "approved" in paragraph
(f) of the definition of explore;
(g) by inserting the following definition after
the definition of explore:
11
Mineral Resources Development Amendment Act 2013
Act No. of
s. 4
field development plan, in relation to a
petroleum production licence,
means a plan of field
development that is approved in
relation to the licence;
(h) by inserting the following definitions
after the definition of Geoscientific Trust
Fund:
geothermal energy means thermal
energy that was contained in
subsurface rock or other
subterranean substances;
geothermal production licence means
a geothermal production licence
in force under Part 3A;
geothermal reservoir means part of a
geological structure, including
such a structure that has been
modified by human activity,
which part is suitable for the
transmission of a geothermal
substance;
geothermal resource, in relation to a
geothermal production licence,
means the amount, determined in
accordance with an approved
method by the person who holds
or has applied for the licence, of
geothermal energy that may be
produced from geothermal
substances within the area of land
12
Mineral Resources Development Amendment Act 2013
Act No. of
s. 4
to which the licence relates or is
to relate;
(i) by inserting the following definition after
the definition of geothermal substance:
group prospecting licence means a
group prospecting licence in force
under Part 5;
(j) by inserting the following paragraph after
paragraph (a) in the definition of licence:
(ab) in Part 2A, a special exploration
licence in force under that Part;
and
(k) by inserting the following paragraph after
paragraph (b) in the definition of licence:
(ba) in Part 3A, a production licence
in force under that Part; and
(l) by inserting "and a group prospecting
licence," after "licence" in paragraph (c)
of the definition of licence;
(m) by omitting "other" second occurring
from paragraph (d) of the definition of
licence;
(n) by omitting "or retention licence" from
the definition of licence area and
substituting ", a special exploration
licence, a production licence or a
retention licence";
13
Mineral Resources Development Amendment Act 2013
Act No. of
s. 4
(o) by inserting the following paragraph after
paragraph (a) in the definition of
licensee:
(ab) in Part 2A, the holder of a special
exploration licence; and
(p) by inserting the following paragraph after
paragraph (b) in the definition of
licensee:
(ba) in Part 3A, the holder of a
production licence; and
(q) by inserting "or group prospecting
licence" after "licence" in paragraph (c)
of the definition of licensee;
(r) by omitting "other" second occurring
from paragraph (d) of the definition of
licensee;
(s) by inserting "petroleum," after "gas," in
the definition of mineral;
(t) by inserting the following definition after
the definition of mineral:
Mineral Exploration Code of practice
means the Code of practice of
that name approved from time to
time under section 204;
(u) by inserting "or a group prospecting
licence" after "prospecting licence" in the
definition of mineral tenement;
14
Mineral Resources Development Amendment Act 2013
Act No. of
s. 4
(v) by inserting "or another lease area" after
"area" in paragraph (b) of the definition
of mining operations;
(w) by omitting "mining;" from paragraph (c)
of the definition of mining operations
and substituting "mining -";
(x) by inserting the following after
paragraph (c) in the definition of mining
operations:
"and includes production
activities in relation to a Category
4 mineral or a Category 6
mineral;"
(y) by inserting the following definition after
the definition of mining operations:
mining plan, in relation to a lease or
an application for a lease, means
a plan that sets out information
required by the Director
including, but not limited to
including, the following:
(a) the name of the minerals,
or category of minerals, to
which the lease or
application relates;
(b) the site plan, which is to
include -
(i) the means by
which access to
15
Mineral Resources Development Amendment Act 2013
Act No. of
s. 4
the area of land
comprised in the
lease is to be
obtained; and
(ii) the infrastructure
proposed to be
situated on the
area of land
comprised in the
lease; and
(iii) surface hydrology
for the area of
land comprised in
the lease; and
(iv) other matters
related to
activities under
the lease;
(c) the proposals for
treatment of, transport of,
handling of, and storage
of, waste from -
(i) minerals obtained
under the lease; or
(ii) the substances
from which
minerals are to be
obtained under the
lease;
16
Mineral Resources Development Amendment Act 2013
Act No. of
s. 4
(d) the requirements for water
to be used in mining
operations under the
lease;
(e) the proposed stages of
development under the
lease and of any proposed
rehabilitation of land in
the area of land comprised
in the lease;
(f) the provision to be made
in relation to closure of
the mine on the lease area
after mining under the
lease ceases;
(g) a description of the
potential geological and
environmental risks
associated with mining
operations under the
lease;
(z) by inserting "and" after "hydrogen;" in
paragraph (b) of the definition of oil;
(za) by inserting the following paragraph after
paragraph (b) in the definition of oil:
(c) coal seam gas;
(zb) by omitting "gas;" from paragraph (b) of
the definition of petroleum and
substituting "gas -";
17
Mineral Resources Development Amendment Act 2013
Act No. of
s. 4
(zc) by inserting the following after
paragraph (b) in the definition of
petroleum:
"but does not include coal seam
gas;"
(zd) by inserting the following definitions
after the definition of petroleum:
petroleum production licence means a
petroleum production licence in
force under Part 3A;
petroleum reservoir means part of a
geological structure (including
such a structure that has been
modified by human activity) -
(a) in which gas or petroleum
has accumulated; and
(b) that is suitable for the
storage and transmission
of gas or petroleum;
petroleum resource, in relation to a
petroleum production licence,
means an amount, determined in
an approved manner by the
person who holds or has applied
for the licence, of petroleum
contained in a petroleum
reservoir to which the licence
relates or is to relate;
18
Mineral Resources Development Amendment Act 2013
Act No. of
s. 4
plan of development, in relation to an
application for a geothermal
production licence, means a plan
that sets out information required
by the Director in relation to -
(a) the geothermal resource
to which the licence is to
relate; and
(b) how access to geothermal
substances is to be
obtained under the
licence; and
(c) how geothermal energy
that is produced under the
licence is to be used; and
(d) how geothermal resources
are to be managed under
the licence; and
(e) how geothermal
reservoirs are to be
managed under the
licence; and
(f) any other matter the
Director thinks fit;
plan of field development, in relation
to an application for a petroleum
production licence, means a plan
that sets out information required
by the Director in relation to -
19
Mineral Resources Development Amendment Act 2013
Act No. of
s. 4
(a) the petroleum resources to
which the licence is to
relate; and
(b) how access to the
petroleum resources is to
be obtained under the
licence; and
(c) how the petroleum
resources are to be
managed under the
licence; and
(d) how petroleum reservoirs
are to be managed under
the licence; and
(e) any other matter, in
relation to production
activities under the
licence, that the Director
thinks fit;
(ze) by inserting the following definitions
after the definition of private land:
produced -
(a) in relation to geothermal
energy - see
section 3A(2); and
(b) in relation to petroleum -
see section 3B(4);
production activities - see section 3B;
20
Mineral Resources Development Amendment Act 2013
Act No. of
s. 5
production licence means a petroleum
production licence or a
geothermal production licence;
(zf) by inserting "prospecting" after "a" in the
definition of prospecting licence;
(zg) by omitting the definition of special
exploration licence and substituting the
following definition:
special exploration licence means a
licence in force under Part 2A;
5. Sections 3A and 3B inserted
After section 3 of the Principal Act, the
following sections are inserted in Part 1:
3A. Meaning of obtaining minerals, and
produced, in relation to geothermal energy
(1) A reference in this Act to obtaining
minerals includes a reference to
producing geothermal energy.
(2) For the purposes of this Act, geothermal
energy is produced when the energy
reaches the surface of the earth as a result
of production activities.
3B. Meaning of production and of production
activities
(1) In this Act, production activities, in
relation to a Category 4 mineral, means -
21
Mineral Resources Development Amendment Act 2013
Act No. of
s. 5
(a) the carrying out of an activity to
release, or recover, petroleum
from a petroleum reservoir in
which it is contained and the
execution of the works necessary
to carry out that activity; and
(b) the injection of petroleum, carbon
dioxide, water or some other
product into a petroleum
reservoir; and
(c) any other kind of activity that is
prescribed by the regulations to
be a production activity in
relation to a Category 4 mineral.
(2) In this Act, production activities, in
relation to a Category 6 mineral, means -
(a) the carrying out of an activity to
produce geothermal energy
relating to the mineral and the
carrying out of the activities, and
the execution of the works,
necessary for that purpose; and
(b) the injection of water, or another
substance, into a geothermal
reservoir; and
(c) any other kind of activity that is
prescribed by the regulations to
be a production activity in
relation to a Category 6 mineral.
22
Mineral Resources Development Amendment Act 2013
Act No. of
s. 6
(3) In this Act, production activities, in
relation to a Category 4 mineral or a
Category 6 mineral, does not include
producing petroleum or geothermal
energy as a by-product of mining
operations for the purpose of obtaining
any other mineral.
(4) For the purposes of this Act, a Category
4 mineral is produced when it reaches the
surface of the earth.
6. Section 5 amended (Application of Act)
Section 5(5) of the Principal Act is amended by
inserting "or a special exploration licence" after
"exploration licence".
7. Section 6 amended (Ownership of minerals and
substances)
Section 6 of the Principal Act is amended as
follows:
(a) by inserting in subsection (4)
"geothermal substance, petroleum," after
"helium,";
(b) by inserting the following subsection
after subsection (5):
(6) Subsection (5) does not affect the
operation of subsection (3).
23
Mineral Resources Development Amendment Act 2013
Act No. of
s. 8
8. Section 11 amended (Application for exploration
licence)
Section 11 of the Principal Act is amended as
follows:
(a) by inserting in subsection (2)(b) ", or
category of minerals," after "minerals";
(b) by inserting in subsection (2)(c)(i) "on
activities under the licence sought" after
"out";
(c) by inserting in subsection (2)(c)(iv) "on
activities under the licence" after
"expenditure";
(d) by inserting in subsection (2)(c)(v) "of
activities under the licence" after
"environment";
(e) by omitting subsections (4) and (5) and
substituting the following subsections:
(4) The holder of a special
exploration licence may only
apply for a licence in relation to
an area of land that is, in whole or
in part, specified in the special
exploration licence, if -
(a) the application is in
relation to a mineral, or a
category of minerals, to
which that special
exploration licence
relates; and
24
Mineral Resources Development Amendment Act 2013
Act No. of
s. 9
(b) the area of land does not
exceed the area of land
specified in section 21(1)
in respect of the mineral
or the category of
minerals.
(5) If a relevant licence, within the
meaning of section 161E(1),
ceases to be in force in relation to
an area of land, a person may not,
until a date specified by the
Director, in accordance with
section 161E(2)(c), in a notice
under section 161E(2) in relation
to the licence, apply for a licence
that is to relate to both -
(a) all or part of the area of
land that is specified in
the notice; and
(b) a mineral, or the category
of minerals, specified in
the notice.
9. Section 12 amended (Priority of applications)
Section 12 of the Principal Act is amended by
omitting subsection (1A) and substituting the
following subsection:
(1A) If a notice has been published under
section 161E in relation to an exploration
licence or retention licence,
applications -
25
Mineral Resources Development Amendment Act 2013
Act No. of
s. 10
(a) for a licence that is to relate to
both -
(i) all or part of the area of
land that is specified in
the notice; and
(ii) a mineral, or the category
of minerals, specified in
the notice; and
(b) that are received up to and
including 4 working days after
the date specified in the notice -
are to be taken to be received on the
same day.
10. Section 13 amended (Pending application)
Section 13(2) of the Principal Act is amended as
follows:
(a) by inserting in paragraph (a) "or
withdrawn" after "determined";
(b) by inserting in paragraph (b)(ii) ", in the
opinion of the Director," after "is".
11. Section 14 amended (Recommendation of
application for exploration licence)
Section 14 of the Principal Act is amended by
omitting subsection (4).
26
Mineral Resources Development Amendment Act 2013
Act No. of
s. 12
12. Section 15A inserted
After section 15 of the Principal Act, the
following section is inserted in Division 1:
15A. Alteration of application, &c., before notice
published
(1) A person who has applied for a licence
may, by notice to the Director, alter -
(a) the application for the licence; or
(b) the statement accompanying, in
accordance with section 11(2)(c),
the application for the licence.
(2) The alterations to an application for a
licence that may be specified in a notice
under subsection (1) include, but are not
limited to including, alterations of -
(a) the minerals, or the category of
minerals, in respect of which the
application is made; and
(b) the area of land in respect of
which the licence is sought.
(3) A notice may only be given to the
Director under subsection (1) before
notice of the application is published
under section 14(2)(b), including
publication of such a notice in
accordance with section 17(2)(a).
(4) An application altered under
subsection (1) is, as so altered, to be
27
Mineral Resources Development Amendment Act 2013
Act No. of
s. 13
taken to be the application as lodged
under section 11.
13. Section 16 substituted
Section 16 of the Principal Act is repealed and
the following section is substituted:
16. Alteration of application after objection
(1) If the Mining Tribunal upholds an
objection relating to any part of the land
in respect of which an application for a
licence is made, it may allow the
applicant to alter the application by
excluding that part.
(2) An application for a licence altered under
subsection (1) is, as so altered, to be
taken to be the application as lodged
under section 11.
14. Section 17 amended (Granting application for
exploration licence)
Section 17(2)(b) of the Principal Act is amended
by inserting "in respect of which the licence is
sought" after "land".
15. Section 17A inserted
After section 17 of the Principal Act, the
following section is inserted in Division 1:
28
Mineral Resources Development Amendment Act 2013
Act No. of
s. 15
17A. When application for licence may be granted
or refused
(1) The Minister may only grant an
application for a licence if the Minister is
satisfied that the applicant -
(a) intends to do work for the
purposes of the licence; and
(b) intends to comply with this Act;
and
(c) has an appropriate program of
work; and
(d) has provided sufficient
information relating to the likely
impact on the environment of
activities under the licence; and
(e) has provided a security deposit.
(2) The Minister may only grant an
application for a licence if the Minister is
satisfied that the applicant -
(a) has -
(i) sufficient technical and
financial resources; or
(ii) obtained an agreement,
contract, or other
arrangement, with another
person to ensure the
provision of sufficient
29
Mineral Resources Development Amendment Act 2013
Act No. of
s. 15
technical and financial
resources -
to enable the carrying out of the
program of work in relation to the
application for the first 2 years
after the application is granted;
and
(b) is likely to have sufficient
technical and financial resources
to enable the carrying out of the
program of work for the
remainder of the period of the
licence after the first 2 years after
the application is granted.
(3) The Minister may refuse to grant an
application for a licence by an applicant
if the Minister is of the opinion that the
application ought to be refused because -
(a) of significant, or repeated,
breaches of this Act or the
regulations by -
(i) the applicant; or
(ii) a person, authorised or
employed by the
applicant, who committed
the breach, or breaches, in
relation to activities under
a licence of any kind, or a
lease, of the applicant; or
30
Mineral Resources Development Amendment Act 2013
Act No. of
s. 16
(b) the applicant has failed to comply
with the conditions subject to
which an application under this
Act by the applicant for a licence
of any kind, or a lease, was
granted; or
(c) the applicant has failed to
substantially carry out as much of
a work program, development
plan, field development plan, or
mining plan, in relation to a
licence of any kind, or a lease, of
the applicant, as ought reasonably
be expected to have been carried
out at the time the application is
made.
16. Section 18 amended (Conditions of exploration
licence)
Section 18 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (2):
(2A) Without limiting the generality of
subsection (1), the conditions that
may be imposed include -
(a) a condition as to the
minimum amount of
money that is to be
expended -
31
Mineral Resources Development Amendment Act 2013
Act No. of
s. 16
(i) during the period
in which the
licence is in force;
or
(ii) during one or
more periods, in
which the licence
is in force,
specified in the
licence -
or both, for the purposes
of, or in relation to,
exploration under the
licence; and
(b) a condition requiring the
completion of work
programs in relation to the
licence -
(i) during the period
in which the
licence is in force;
or
(ii) during one or
more periods, in
which the licence
is in force,
specified in the
licence -
or both, for the purposes
of, or in relation to,
32
Mineral Resources Development Amendment Act 2013
Act No. of
s. 17
exploration under the
licence.
(b) by omitting from subsection (3) "any
condition" and substituting "the
conditions";
(c) by omitting from subsection (4) "any
condition" and substituting "the
conditions";
(d) by omitting from subsection (4)(a)
"condition" and substituting
"conditions";
(e) by omitting from subsection (5) "the
condition" and substituting "the
conditions of a licence";
(f) by omitting from subsection (6) "a
condition" and substituting "the
conditions".
17. Section 19 substituted
Section 19 of the Principal Act is repealed and
the following section is substituted:
19. Restriction on exploration in relation to
private land
The holder of a licence, a person
authorised by the holder of a licence, and
a person acting under a contract of
service, or a contract for services, with
the holder of a licence, must not explore
on private land within 100 metres of -
33
Mineral Resources Development Amendment Act 2013
Act No. of
s. 18
(a) the surface of any natural lake,
artificial lake, dam, reservoir,
water-producing well, or artificial
pond, part or all of which is on
the land; or
(b) any dwelling, or substantial
building, on the land -
unless the holder of the licence has the
consent of the owner and of the occupier
of the land to do so.
Penalty: Fine not exceeding 100 penalty
units.
18. Section 20 amended (Exploration licence)
Section 20 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "and on
payment of the prescribed fee";
(b) by omitting from subsection (2)(b)(i)
"over which it is granted" and
substituting "comprised in the licence";
(c) by omitting from subsection (2)(b)(iii)
"in respect of which it is granted" and
substituting ", or category of minerals, to
which the licence relates";
(d) by omitting from subsection (3) "over
which the licence is granted" and
substituting "comprised in the licence".
34
Mineral Resources Development Amendment Act 2013
Act No. of
s. 19
19. Section 21 amended (Area of land comprised in
exploration licence)
Section 21 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a) "5
and 6" and substituting "3 and 5";
(b) by omitting from subsection (1)(b) "3"
and substituting "6";
(c) by omitting subsections (2) and (3) and
substituting the following subsections:
(2) Land comprised in a licence may
be either or both of the following:
(a) the same size as, or
smaller than, the area of
land in respect of which
the licence was sought;
(b) different in shape from
the area of land in respect
of which the licence was
sought.
(3) An area of land comprised in a
licence (the relevant licence) in
respect of a mineral, or category
of minerals, must not include an
area which -
(a) is the subject of a licence
of any kind in respect of
the same mineral, or
35
Mineral Resources Development Amendment Act 2013
Act No. of
s. 20
category of minerals,
other than a special
exploration licence held
by the person to whom
the application for the
relevant licence is
granted; or
(b) is the subject of a lease or
an application for a lease;
or
(c) is the subject of an
application for a retention
licence in respect of the
same mineral or category
of minerals.
20. Section 22 amended (Exploration licence for small
areas)
Section 22 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) ", under
section 17," after "may";
(b) by inserting in subsection (2) "to which
subsection (1) applies" after "A licence";
(c) by inserting in subsection (2) ", or
category of minerals," after "mineral";
(d) by omitting subsection (3);
36
Mineral Resources Development Amendment Act 2013
Act No. of
s. 21
(e) by omitting from subsection (4) "under
this section." and substituting "to which
subsection (1) applies.".
21. Section 23 amended (Authority of exploration
licence)
Section 23(1) of the Principal Act is amended as
follows:
(a) by omitting "licensee" and substituting
"holder of the licence, a person
authorised by the holder of the licence,
and a person acting under a contract of
service, or a contract for services, with
the holder of the licence";
(b) by inserting in paragraph (a) ", in
accordance with the conditions of the
licence," after "explore";
(c) by inserting in paragraph (a) ", or
minerals within the category of
minerals," after "minerals";
(d) by inserting in paragraph (b) ", in
accordance with the conditions of the
licence" after "purpose";
(e) by inserting in paragraph (c) ", in
accordance with the conditions of the
licence," after "land".
37
Mineral Resources Development Amendment Act 2013
Act No. of
s. 22
22. Section 24 amended (Term of exploration licence)
Section 24 of the Principal Act is amended as
follows:
(a) by inserting "or unless the term of the
licence is extended under section 25"
after "earlier";
(b) by omitting from paragraph (b)
"minerals." and substituting "minerals;
or";
(c) by inserting the following paragraph after
paragraph (b):
(c) for a period of 5 years from the
date on which the application for
the licence is granted, in respect
of Category 5 minerals or
Category 6 minerals.
23. Section 25 amended (Extension of term of licence)
Section 25 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "an
exploration licence" and substituting "a
licence";
(b) by omitting from subsection (4)(c) "work
program" and substituting "program of
work";
38
Mineral Resources Development Amendment Act 2013
Act No. of
s. 24
(c) by inserting in subsection (7) "to which
an application under subsection (1)
relates" after "A licence";
(d) by omitting from subsection (7)(b)
"appeal." and substituting "appeal; or";
(e) by inserting the following paragraph after
paragraph (b) in subsection (7):
(c) if the date on which the licence
would, if the application were not
granted, expire is a date later than
the date on which a decision or
order referred to in paragraph (a)
or (b) occurs - the date on which
the licence would expire.
24. Section 26 substituted
Section 26 of the Principal Act is repealed and
the following section is substituted:
26. Minimum expenditure
(1) The Minister may, in relation to a
licence, determine the minimum amount
of money that the Director may require
the holder of the licence to expend, in
each 12-month period for which the
licence is in force, in relation to
exploration activities that are required by
the work program in respect of the
licence to be carried out.
39
Mineral Resources Development Amendment Act 2013
Act No. of
s. 24
(2) The Director, by notice served on the
holder of a licence, may specify -
(a) the minimum amount determined
by the Minister under
subsection (1) in relation to the
licence; and
(b) that the holder of the licence is
required to expend, in each 12-
month period for which the
licence is in force, in relation to
exploration activities that are
required by the work program in
respect of the licence to be
carried out, at least the amount
specified in the notice under
paragraph (a).
(3) The holder of a licence on whom a notice
is served under subsection (2) must, in
each 12-month period for which the
licence is in force, expend, in relation to
exploration activities that are required by
the work program in respect of the
licence to be carried out, at least the
amount of money that is specified in the
notice.
(4) The Director may not specify in a notice
under subsection (2) in relation to the
holder of a licence a period, if the period
is a period specified in a condition, of the
kind referred to in section 18(2A), that is
imposed on the licence.
40
Mineral Resources Development Amendment Act 2013
Act No. of
s. 25
25. Section 28 amended (Annual report)
Section 28 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsections:
(1) The holder of a licence is, in each
year, to submit to the Director,
by -
(a) the anniversary, in that
year, of the day on which
the application for the
licence was granted; or
(b) a day, after that
anniversary, specified
under subsection (1A) in
relation to the licence -
a report (an annual report) in
relation to the 12-month period
immediately before that
anniversary.
(1A) The Director may, by notice in
writing to the holder of a licence,
specify a day for the purposes of
subsection (1)(b) in relation to the
licence.
(b) by omitting paragraph (a) from
subsection (2) and substituting the
following paragraph:
41
Mineral Resources Development Amendment Act 2013
Act No. of
s. 26
(a) be in accordance with the annual
report guidelines; and
(c) by omitting from subsection (2)(b)
"financial year" and substituting "12-
month period to which the report
relates";
(d) by omitting paragraph (d) from
subsection (2) and substituting the
following paragraph:
(d) give details of any work that is
proposed to be undertaken under
the licence in the future; and
(e) by omitting from subsection (2)(e) "the
Director requires" and substituting "that
is specified in the annual report
guidelines, or by the Director by notice
in writing to the holder of the licence, as
being required to be contained in the
report";
(f) by omitting subsection (3).
26. Section 28A inserted
After section 28 of the Principal Act, the
following section is inserted in Division 2:
28A. Returns
(1) A licensee is to submit to the Director,
within 28 days after the end of a quarter,
a return (a quarterly return) in relation to
the quarter.
42
Mineral Resources Development Amendment Act 2013
Act No. of
s. 26
(2) A quarterly return is to be in the
approved form, if any.
(3) A quarterly return in relation to a licence
is to -
(a) specify the expenditure, during
the quarter to which the return
relates, on each category of
exploration, under the licence,
that is listed in the approved
form, if any; and
(b) specify the progress of the
exploration program under the
licence during the quarter; and
(c) specify any rehabilitation, of the
area of land comprised in the
licence, that was undertaken
during the quarter; and
(d) contain any other information that
is specified in the form, or by the
Director by notice in writing to
the lessee, as being required to be
contained in the return.
(4) A licensee, by the anniversary, in each
year, of the date on which the application
for the licence is granted, is to submit to
the Director a return (an annual return)
in relation to the 12-month period before
that anniversary.
(5) An annual return is to be in the approved
form, if any.
43
Mineral Resources Development Amendment Act 2013
Act No. of
s. 27
(6) The Director, by notice to a licensee,
may require the licensee to submit to the
Director, by the date or dates specified in
the notice, the information specified in
the notice as required to be submitted by
the licensee.
(7) A licensee is to submit to the Director, by
the date or dates specified in a notice to
the licensee under subsection (6), the
information specified in the notice as
required to be submitted by the licensee.
Penalty: Fine not exceeding 50 penalty
units.
(8) The information specified in an approved
form, or a notice under this section, as
required to be submitted by the licensee,
may include an audited report.
27. Section 30 substituted
Section 30 of the Principal Act is repealed and
the following section is substituted:
30. Exploration without licence
A person must not, on an area of land
comprised in a licence, explore for
minerals to which the licence relates,
unless the person -
(a) is the holder of the licence; or
44
Mineral Resources Development Amendment Act 2013
Act No. of
s. 28
(b) is authorised by the holder of the
licence to explore for the
minerals; or
(c) is exploring for the minerals
under a contract of service, or a
contract for services, with the
holder of the licence; or
(d) has obtained the written consent
of the holder of the licence.
Penalty: Fine not exceeding 100 penalty
units.
28. Section 32 amended (Application for transfer of
exploration licence)
Section 32 of the Principal Act is amended as
follows:
(a) by omitting subsection (4) and
substituting the following subsection:
(4) The Registrar, by notice in
writing, is to notify of an
application lodged under this
section in relation to a licence any
person who has lodged a caveat
under Part 10 in relation to the
licence.
(b) by omitting from subsection (5) "so as to
be received at least 14 days before the
approval takes effect" and substituting
45
Mineral Resources Development Amendment Act 2013
Act No. of
s. 29
"within 14 days after the application is
lodged";
(c) by omitting subsection (6) and
substituting the following subsection:
(6) A person who has lodged a caveat
under Part 10 in relation to a
licence may, within 14 days after
receipt of a notice under
subsection (5) in relation to the
licence, object to the Mining
Tribunal against an application
for approval to transfer the
licence.
29. Section 33 amended (Approval of transfer of
exploration licence)
Section 33 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a) ",
with or without conditions";
(b) by inserting the following paragraph after
paragraph (a) in subsection (1):
(ab) refuse to approve the application
until conditions specified by the
Minister are satisfied; or
(c) by inserting the following paragraph after
paragraph (a) in subsection (2):
46
Mineral Resources Development Amendment Act 2013
Act No. of
s. 30
(ab) the conditions, if any, that must
be satisfied before the Minister
will approve the transfer; or
30. Section 35 amended (Surrender of exploration
licence)
Section 35 of the Principal Act is amended by
inserting after subsection (4) the following
subsections:
(5) If the Director approves an application
on conditions, the Director, by notice in
writing, is to notify the applicant when
the Director is satisfied that all the
conditions have been fulfilled.
(6) If the Director approves an application,
the licence, or the part of the licence, to
which the application relates -
(a) is, if the application is approved
without conditions, surrendered
on the date on which the Director
gives to the applicant notice
under subsection (4) of the
approval; or
(b) is, if the application is approved
with conditions, surrendered on
the date on which the Director
gives to the applicant notice
under subsection (5) that the
Director is satisfied that all the
conditions have been fulfilled.
47
Mineral Resources Development Amendment Act 2013
Act No. of
s. 31
31. Section 37 amended (Term of consolidated
exploration licence)
Section 37(1) of the Principal Act is amended by
inserting "application for the" after "which the".
32. Part 2, Division 4: Heading repealed
Part 2 is amended by omitting the heading
"Division 4 -- Special exploration licences".
33. Part 2A: Heading inserted
The Principal Act is amended by inserting the
following heading after section 37:
PART 2A - SPECIAL EXPLORATION LICENCES
34. Part 2A, Division 1: Heading inserted
Part 2A of the Principal Act is amended by
inserting the following heading before section
38:
Division 1 - Applications
35. Section 38 amended (Application for special
exploration licence)
Section 38 of the Principal Act is amended as
follows:
(a) by inserting in subsection (2)(b) ", or
category of minerals," after "minerals";
48
Mineral Resources Development Amendment Act 2013
Act No. of
s. 36
(b) by inserting in subsection (2)(e) "of
activities under the licence" after
"environment";
(c) by inserting the following subsection
after subsection (3):
(4) A person may not apply for a
licence in relation to an area of
land -
(a) to which a notice
published under
section 161E relates; or
(b) if the person holds or held
a special exploration
licence in relation to the
area of land for the same
mineral, or category of
minerals, as the mineral,
or category of minerals, to
which the application
relates.
36. Sections 38A and 38B inserted
After section 38 of the Principal Act, the
following sections are inserted in Division 1:
38A. Priority of applications
(1) If more than one application is received
for a licence in respect of all or part of
the same land, the order of priority is as
follows:
49
Mineral Resources Development Amendment Act 2013
Act No. of
s. 36
(a) for applications received on
different days, an application
received on an earlier day has
priority over an application
received on a later day;
(b) for applications received on the
same day, the order of priority is
as determined by the Director
according to the relative merits of
the applications;
(c) for applications received on the
same day which are determined
by the Director to be of equal
merit, the order of priority is as
determined by a ballot conducted
in an approved manner.
(2) An application that has priority over any
other application is to be determined
without reference to any other
application.
(3) The Director is to notify an applicant -
(a) that the application of the
applicant has priority over any
other application; or
(b) that the application of another
applicant has priority; or
(c) if the priority of an application of
the applicant has altered because
another application is withdrawn
50
Mineral Resources Development Amendment Act 2013
Act No. of
s. 36
or refused or has lapsed under
section 38B.
(4) The Registrar is to reject any application
received later than 3 months after receipt
of another application determined to have
priority.
38B. Pending application
(1) An application for a licence is pending
from the day on which it is lodged until
whichever of the following happens first:
(a) the application is granted;
(b) the application is refused;
(c) the application lapses;
(d) the application is withdrawn.
(2) An application for a licence lapses -
(a) 12 months after it is lodged, if it
is not determined or withdrawn
by that time; or
(b) at a later date fixed by the
Director, and notified to the
applicant, if -
(i) the failure to determine
the application was not
caused by a default of the
applicant; or
51
Mineral Resources Development Amendment Act 2013
Act No. of
s. 37
(ii) there is, in the opinion of
the Director, a sufficient
reason for fixing a later
date.
37. Section 39 amended (Recommendation of
application for special exploration licence)
Section 39 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "special
exploration";
(b) by omitting from subsection (4) "special
exploration";
(c) by inserting in subsection (4)(e) "of
activities under the licence" after
"environment".
38. Section 40 amended (Objection to special
exploration licence)
Section 40(1) of the Principal Act is amended by
omitting "special exploration".
39. Sections 40A and 40B inserted
After section 40 of the Principal Act, the
following sections are inserted in Division 1:
52
Mineral Resources Development Amendment Act 2013
Act No. of
s. 39
40A. Alteration of application, &c., before notice
published
(1) A person who has applied for a licence
may, by notice to the Director, alter -
(a) the application for the licence; or
(b) the statement accompanying, in
accordance with section 38(2)(c)
or (e), the application for the
licence.
(2) The alterations to an application for a
licence that may be specified in a notice
under subsection (1) include, but are not
limited to including, alterations of -
(a) the minerals, or the category of
minerals, in respect of which the
application is made; and
(b) the area of land in respect of
which the licence is sought.
(3) A notice may only be given to the
Director under subsection (1) before
notice of the application is published
under section 39(2)(b) (including
publication of such a notice in
accordance with section 41(2)(a)).
(4) An application altered under
subsection (1) is, as so altered, to be
taken to be the application as lodged
under section 38.
53
Mineral Resources Development Amendment Act 2013
Act No. of
s. 40
40B. Alteration of application after objection
(1) If the Mining Tribunal upholds an
objection relating to a part of the land in
respect of which an application for a
licence is made, it may allow the
applicant to alter the application by
excluding that part.
(2) An application for a licence altered under
subsection (1) is, as so altered, to be
taken to be the application as lodged
under section 38.
40. Section 41 amended (Granting application for
special exploration licence)
Section 41 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "special
exploration";
(b) by inserting in subsection (2)(b) "in
respect of which the licence is sought"
after "land".
41. Section 41A inserted
After section 41 of the Principal Act, the
following section is inserted in Division 1:
54
Mineral Resources Development Amendment Act 2013
Act No. of
s. 41
41A. When Minister may grant application
(1) The Minister may only grant an
application for a licence if the Minister is
satisfied that the applicant -
(a) has -
(i) sufficient technical and
financial resources; or
(ii) obtained an agreement,
contract, or other
arrangement, with another
person to ensure the
provision of sufficient
technical and financial
resources -
to enable the carrying out of the
program of work in relation to the
application for the first 2 years
after the application for the
licence is granted; and
(b) is likely to have sufficient
technical and financial resources
to enable the carrying out of the
program of work for the
remainder of the period of the
licence after the first 2 years after
the application for the licence is
granted.
(2) The Minister may refuse to grant an
application for a licence by an applicant
55
Mineral Resources Development Amendment Act 2013
Act No. of
s. 41
if the Minister is of the opinion that the
application ought to be refused because -
(a) of significant, or repeated,
breaches of this Act or the
regulations by -
(i) the applicant; or
(ii) a person, authorised or
employed by the
applicant, who committed
the breach, or breaches, in
relation to activities under
a licence of any kind, or a
lease, of the applicant; or
(b) the applicant has failed to comply
with the conditions subject to
which an application under this
Act by the applicant for a licence
of any kind, or a lease, was
granted; or
(c) the applicant has failed to
substantially carry out as much of
a work program, development
plan, field development plan, or
mining plan, in relation to a
licence of any kind, or a lease, of
the applicant, as ought reasonably
be expected to have been carried
out at the time the application is
made.
56
Mineral Resources Development Amendment Act 2013
Act No. of
s. 42
42. Section 42 amended (Conditions of special
exploration licence)
Section 42 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "special
exploration";
(b) by inserting the following subsection
after subsection (1):
(1A) Without limiting the generality of
subsection (1), the conditions that
may be imposed include -
(a) a condition as to the
amount of money that is
to be expended -
(i) during the period
in which the
licence is in force;
or
(ii) during one or
more periods, in
which the licence
is in force,
specified in the
licence -
or both, for the purposes
of, or in relation to,
exploration under the
licence; and
57
Mineral Resources Development Amendment Act 2013
Act No. of
s. 43
(b) a condition requiring the
completion of work
programs in relation to the
licence -
(i) during the period
in which the
licence is in force;
or
(ii) during one or
more periods, in
which the licence
is in force,
specified in the
licence -
or both, for the purposes
of, or in relation to,
exploration under the
licence.
(c) by omitting subsection (3) and
substituting the following subsection:
(3) The Minister may vary the
conditions of the licence by
rescinding, adding, substituting or
amending a condition.
43. Section 42A inserted
After section 42 of the Principal Act, the
following section is inserted in Division 1:
58
Mineral Resources Development Amendment Act 2013
Act No. of
s. 44
42A. Restriction on exploration on private land
The holder of a licence, a person
authorised by the holder of a licence, and
a person acting under a contract of
service, or a contract for services, with
the holder of a licence, must not explore
on private land within 100 metres of -
(a) the surface of any natural lake,
artificial lake, dam, reservoir,
water-producing well, or artificial
pond, part or all of which is on
the land; or
(b) any dwelling, or substantial
building, on the land -
unless the holder of the licence has the
consent of the owner and of the occupier
of the land to do so.
Penalty: Fine not exceeding 100 penalty
units.
44. Part 2A, Division 2: Heading inserted
Part 2A of the Principal Act is amended by
inserting the following heading after section
42A:
59
Mineral Resources Development Amendment Act 2013
Act No. of
s. 45
Division 2 - Special exploration licences
45. Section 42B inserted
Before section 43 of the Principal Act, the
following section is inserted in Division 2:
42B. Special exploration licence
(1) On granting an application for a licence,
the Minister is to issue a special
exploration licence.
(2) A licence is to -
(a) be in an approved form; and
(b) include the following particulars:
(i) a description of the area
of land comprised in the
licence;
(ii) the total area of that land;
(iii) the minerals, or category
of minerals, to which the
licence relates;
(iv) the terms and conditions
to which it is subject;
(v) the period for which it is
in force.
(3) A licensee is to pay rent to the Crown in
respect of the land to which the licence
60
Mineral Resources Development Amendment Act 2013
Act No. of
s. 46
relates at a prescribed rate and in a
prescribed manner.
46. Section 43 substituted
Section 43 of the Principal Act is repealed and
the following sections are substituted:
43. Authority of special exploration licence
A licence authorises the holder of the
licence, a person authorised by the holder
of the licence, and a person acting under
a contract of service, or a contract for
services, with the holder of the licence, to
explore, in accordance with the
conditions of the licence, in the area of
land comprised in the licence, for
minerals, or minerals within the category
of minerals, specified in the licence.
43A. Duties under special exploration licence
A licensee must -
(a) carry out any exploration
efficiently and effectively; and
(b) carry out any exploration and
rehabilitation of land consistent
with the standards specified in
any relevant Code of practice.
43B. Annual report
(1) A holder of a licence is, in each year, to
submit to the Director, by -
61
Mineral Resources Development Amendment Act 2013
Act No. of
s. 46
(a) the anniversary, in that year, of
the day on which the application
for the licence was granted; or
(b) a day, after that anniversary,
specified under subsection (2) in
relation to the licence -
a report (an annual report) in relation to
the 12-month period immediately before
that anniversary.
(2) The Director may, by notice in writing to
a holder of a licence, specify a day for
the purposes of subsection (1)(b) in
relation to the licence.
(3) The annual report is to -
(a) be in accordance with the annual
report guidelines; and
(b) specify the amounts of money
expended in respect of any
exploration carried out during the
12-month period to which the
report relates; and
(c) contain a summary of the matters
specified in section 187(2); and
(d) give details of any work that is
proposed to be undertaken under
the licence in the future; and
(e) contain any other matter relating
to the licence that is specified in
62
Mineral Resources Development Amendment Act 2013
Act No. of
s. 46
the annual report guidelines, or
by the Director by notice in
writing to the holder of the
licence, as being required to be
contained in the report.
43C. Returns
(1) A licensee is to submit to the Director,
within 28 days after the end of a quarter,
a return (a quarterly return) in relation to
the quarter.
(2) A quarterly return is to be in the
approved form, if any.
(3) A quarterly return in relation to a licence
is to -
(a) specify the expenditure, during
the quarter to which the return
relates, on each category of
exploration, under the licence,
that is listed in the approved
form, if any; and
(b) specify the progress of the
exploration program under the
licence during the quarter; and
(c) specify any rehabilitation, of the
area of land comprised in the
licence, that was undertaken
during the quarter; and
(d) contain any other information that
is specified in the form, or by the
63
Mineral Resources Development Amendment Act 2013
Act No. of
s. 46
Director by notice in writing to
the licensee, as being required to
be contained in the return.
(4) A licensee, by the anniversary, in each
year, of the date on which the application
for the licence is granted, is to submit to
the Director a return (an annual return)
in relation to the 12-month period before
that anniversary.
(5) An annual return is to be in the approved
form, if any.
(6) The Director, by notice to a licensee,
may require the licensee to submit to the
Director, by the date or dates specified in
the notice, the information specified in
the notice as required to be submitted by
the licensee.
(7) A licensee is to submit to the Director, by
the date or dates specified in the notice to
the licensee under subsection (6), the
information specified in the notice as
required to be submitted by the licensee.
Penalty: Fine not exceeding 50 penalty
units.
(8) The information specified in an approved
form, or a notice under this section, as
required to be submitted by the licensee
may include an audited report.
64
Mineral Resources Development Amendment Act 2013
Act No. of
s. 47
47. Section 44 amended (Term of special exploration
licence)
Section 44 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "special
exploration";
(b) by inserting in subsection (1) ", unless
revoked or unless the term of the licence
is extended under section 44A," after "A
licence is";
(c) by omitting from subsection (1) "it is
granted" and substituting "the application
for the licence is granted.";
(d) by omitting subsection (2) and
substituting the following subsection:
(2) The Minister, under section 44A,
may extend the term of the
licence for any period, as long as
the total term of the licence from
the date on which the application
for the licence is granted
(including any period, after the
licence expires, for which the
licence remains in force under
section 44A(7)) does not exceed
10 years.
65
Mineral Resources Development Amendment Act 2013
Act No. of
s. 48
48. Section 44A inserted
After section 44 of the Principal Act, the
following section is inserted in Division 2:
44A. Extension of term of licence
(1) A person may apply to the Minister for
an extension of the term of a licence.
(2) An application is to be -
(a) in an approved form; and
(b) accompanied by the prescribed
fee; and
(c) lodged with the Registrar before
the licence ceases to be in force.
(3) The Minister may -
(a) subject to section 44(2), grant the
application for any further period
the Minister determines and with
or without conditions; or
(b) refuse to grant the application.
(4) The Minister must grant the application
if the Minister is satisfied that -
(a) the exploration to be carried out
during the term of the licence has
been completed; and
(b) the licensee has submitted any
report or return as required; and
66
Mineral Resources Development Amendment Act 2013
Act No. of
s. 48
(c) the licensee has submitted a
suitable program of work for the
period of extension; and
(d) further detailed exploration is
justified because substantiated
results indicate the probability of
a discovery leading to profitable
mining operations.
(5) The Minister, by notice in writing, must
notify the applicant of -
(a) the grant of the application; or
(b) the refusal to grant the
application and the reasons for
the refusal.
(6) A licensee may, within 28 days after
receipt of a notice under
subsection (5)(b) in relation to an
application, appeal to the Mining
Tribunal against the Minister's refusal to
grant the application.
(7) Subject to section 44(2), a licence to
which an application under
subsection (1) relates remains in force
until -
(a) the Minister makes a decision
under subsection (3); or
(b) if an appeal is made under
subsection (6), the Mining
67
Mineral Resources Development Amendment Act 2013
Act No. of
s. 49
Tribunal makes an order in
relation to the appeal; or
(c) if the date on which the licence
would, if the application were not
granted, expire is a date later than
the date on which a decision or
order referred to in paragraph (a)
or (b) occurs - the date on which
the licence would expire.
49. Section 45 amended (Area of land comprised in
special exploration licence)
Section 45 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsections:
(1) The area of land comprised in a special
exploration licence in respect of a
mineral or category of minerals is to be
the area determined by the Minister and
specified in the licence, which area may
exceed the area specified in section 21(1)
in respect of the category of minerals to
which the mineral belongs, or the
category of minerals, respectively.
(1A) An area of land comprised in a licence in
respect of a mineral must not include an
area which -
(a) is the subject of a licence of any
kind in respect of the same
mineral or category of minerals;
or
68
Mineral Resources Development Amendment Act 2013
Act No. of
s. 50
(b) is the subject of a lease or an
application for a lease; or
(c) is the subject of an application for
a retention licence in respect of
the same mineral or category of
minerals.
(1B) Land comprised in a licence may be
either or both of the following:
(a) the same size as, or smaller than,
the area of land in respect of
which the licence was sought;
(b) different in shape from the area of
land in respect of which the
licence was sought.
50. Section 45A inserted
After section 45 of the Principal Act, the
following section is inserted in Division 2:
45A. Exploration without licence
A person must not, on an area of land
comprised in a licence, explore for
minerals to which the licence relates,
unless the person -
(a) is the holder of the licence; or
(b) is authorised, by the holder of the
licence to explore for the
minerals; or
69
Mineral Resources Development Amendment Act 2013
Act No. of
s. 51
(c) is exploring for the minerals
under a contract of service, or a
contract for services, with the
holder of the licence; or
(d) has obtained the written consent
of the holder of the licence.
Penalty: Fine not exceeding 100 penalty
units.
51. Part 2A, Division 3: Heading inserted
Part 2A of the Principal Act is amended by
inserting the following heading after section
45A:
Division 3 - Dealings with special exploration licences
52. Sections 45B, 45C and 45D inserted
Before section 46 of the Principal Act, the
following sections are inserted in Division 3:
45B. Variation of special exploration licence
(1) The Minister, by notice in writing, with
the approval of the licensee, may vary
the licence by adding to, or reducing, the
area of land comprised in the licence.
(2) On the application of a licensee, the
Minister, by notice in writing, may vary
the licence by adding to, or reducing, the
area of land comprised in the licence.
70
Mineral Resources Development Amendment Act 2013
Act No. of
s. 52
(3) If a licensee fails to comply with, or
contravenes, a provision of this Act or a
condition of the licence, the Minister
may vary the licence by -
(a) changing or adding any
condition; or
(b) reducing the area of land
comprised in the licence.
(4) Before varying a licence, the Minister, by
notice in writing served on the licensee,
is to notify the licensee of -
(a) the intent to vary the licence; and
(b) the nature of the variation; and
(c) the right of the licensee to make
submissions in relation to the
matter within a period specified
in the notice.
(5) A licensee may, within 28 days after the
date of the Minister's decision to vary the
licence, appeal to the Mining Tribunal
against the decision.
(6) The variation of the licence takes effect -
(a) if an appeal is not made under
subsection (5), 28 days after
service of a notice under
subsection (4); or
(b) if an appeal is made under
subsection (5) and the Mining
71
Mineral Resources Development Amendment Act 2013
Act No. of
s. 52
Tribunal makes an order
affirming the decision, 10 days
after the date of the order.
45C. Application for transfer of special
exploration licence
(1) A licensee may apply to the Minister for
approval to transfer a licence.
(2) An application is to be -
(a) in an approved form; and
(b) accompanied by the executed
instrument of transfer; and
(c) accompanied by the prescribed
fee; and
(d) lodged with the Registrar within
28 days after the transfer is
executed.
(3) The Registrar may extend the period
referred to in subsection (2)(d) if the
Registrar is satisfied that it is reasonable
to do so.
(4) The Registrar, by notice in writing, is to
notify of an application lodged under this
section in relation to a licence any person
who has lodged a caveat under Part 10 in
relation to the licence.
(5) A notice under subsection (4) is to be
sent by certified mail within 14 days after
the application is lodged.
72
Mineral Resources Development Amendment Act 2013
Act No. of
s. 52
(6) A person who has lodged a caveat under
Part 10 in relation to a licence may,
within 14 days after receipt of the notice
under subsection (5) in relation to the
licence, object to the Mining Tribunal
against an application for approval to
transfer the licence.
45D. Approval of transfer of special exploration
licence
(1) The Minister may -
(a) approve the application for the
transfer of a licence; or
(b) refuse to approve the application
until conditions specified by the
Minister are satisfied; or
(c) refuse to approve the application.
(2) The Minister, by notice in writing, must
notify the applicant of -
(a) the approval of the application; or
(b) the conditions, if any, that must
be satisfied before the Minister
will approve the transfer; or
(c) the refusal to approve the
application and the reasons for
the refusal.
(3) A transfer -
73
Mineral Resources Development Amendment Act 2013
Act No. of
s. 53
(a) is of no effect unless approved by
the Minister; and
(b) takes effect, if approved, on the
date of the approval.
53. Section 46 amended (Revocation of special
exploration licence)
Section 46 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "special
exploration" twice occurring;
(b) by omitting from subsection (2) "special
exploration" twice occurring.
54. Section 46A inserted
After section 46 of the Principal Act, the
following section is inserted in Division 3:
46A. Surrender of special exploration licence
(1) A licensee may apply to the Director for
approval to surrender a licence or part of
a licence.
(2) An application for approval to surrender
a licence or part of a licence is to be -
(a) in an approved form; and
(b) accompanied by the licence; and
74
Mineral Resources Development Amendment Act 2013
Act No. of
s. 54
(c) accompanied by the prescribed
fee; and
(d) lodged with the Registrar.
(3) The Director may -
(a) approve the application, with or
without any conditions; or
(b) refuse to approve the application.
(4) The Director, by notice in writing, is to
notify the applicant of -
(a) the approval of the application; or
(b) the refusal to approve the
application and the reasons for
that refusal.
(5) If the Director approves an application
on conditions, the Director, by notice in
writing, is to notify the applicant when
the Director is satisfied that all the
conditions have been fulfilled.
(6) If the Director approves an application,
the licence, or the part of the licence, to
which the application relates -
(a) is, if the application is approved
without conditions, surrendered
on the date on which the Director
gives to the applicant notice
under subsection (4) of the
approval; or
75
Mineral Resources Development Amendment Act 2013
Act No. of
s. 55
(b) is, if the application is approved
with conditions, surrendered on
the date on which the Director
gives to the applicant notice
under subsection (5) that the
Director is satisfied that all the
conditions have been fulfilled.
55. Section 47 amended (Application for retention
licence)
Section 47 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsections:
(1) A person may apply to the Minister for a
retention licence.
(1A) A person may only apply under
subsection (1) for a retention licence if -
(a) the licence is to relate to both -
(i) a mineral, or a category of
minerals, specified in an
exploration licence or
lease; and
(ii) any area of land
comprised in that
exploration licence or
lease; and
(b) the person is the holder of the
exploration licence or lease or is a
person to whom a consent under
76
Mineral Resources Development Amendment Act 2013
Act No. of
s. 56
section 48(1) in relation to that
licence or lease has been given by
the holder of the licence or lease.
56. Section 48 substituted
Section 48 of the Principal Act is repealed and
the following section is substituted:
48. Holder of exploration licence or lease may
permit other person to apply for retention
licence
(1) The holder of an exploration licence or a
lease may, by notice in writing to another
person, consent to the other person
applying, either alone or in conjunction
with the holder, for a retention licence
that is to relate to both -
(a) a mineral, or a category of
minerals, specified in an
exploration licence or lease; and
(b) any area of land comprised in that
exploration licence or lease.
(2) A person to whom a notice of consent is
given under subsection (1) is to provide
the Registrar with a copy of that notice
within 14 days of the date of the notice.
57. Section 49A inserted
After section 49 of the Principal Act, the
following section is inserted in Division 1:
77
Mineral Resources Development Amendment Act 2013
Act No. of
s. 58
49A. Pending application
(1) An application for a licence is pending
from the day on which it is lodged until
whichever of the following happens first:
(a) the application is granted;
(b) the application is refused;
(c) the application lapses;
(d) the application is withdrawn.
(2) An application for a licence lapses -
(a) 12 months after it is lodged, if it
is not determined or withdrawn
by that time; or
(b) at a later date fixed, and notified
to the applicant, by the Director,
if -
(i) the failure to determine
the application was not
caused by a default of the
applicant; or
(ii) there is, in the opinion of
the Director, a sufficient
reason for fixing a later
date.
78
Mineral Resources Development Amendment Act 2013
Act No. of
s. 58
58. Section 52 substituted
Section 52 of the Principal Act is repealed and
the following section is substituted:
52. Alteration of application after objection
(1) If the Mining Tribunal upholds an
objection relating to a part of the land in
respect of which an application for a
licence is made, it may allow the
applicant to alter the application by
excluding that part.
(2) An application for a licence altered under
subsection (1) is, as so altered, to be
taken to be the application as lodged
under section 47.
59. Section 53 amended (Granting application for
retention licence)
Section 53 of the Principal Act is amended as
follows:
(a) by inserting in subsection (2)(a) ", or the
category of minerals," after "minerals";
(b) by inserting in subsection (3)(b) "in
respect of which the licence is sought"
after "land".
60. Section 54 substituted
Section 54 of the Principal Act is repealed and
the following section is substituted:
79
Mineral Resources Development Amendment Act 2013
Act No. of
s. 61
54. Restriction on exploration on private land
The holder of a licence, a person
authorised by the holder of a licence, and
a person acting under a contract of
service, or a contract for services, with
the holder of a licence, must not explore
on private land within 100 metres of -
(a) the surface of any natural lake,
artificial lake, dam, reservoir,
water-producing well, or artificial
pond, part or all of which is on
the land; or
(b) any dwelling, or substantial
building, on the land -
unless the holder of the licence has the
consent of the owner and of the occupier
of the land to do so.
Penalty: Fine not exceeding 100 penalty
units.
61. Section 55 amended (Conditions of retention
licence)
Section 55 of the Principal Act is amended as
follows:
(a) by omitting subsection (3) and
substituting the following subsection:
(3) The Minister may vary the
conditions of the licence by
80
Mineral Resources Development Amendment Act 2013
Act No. of
s. 62
rescinding, adding, substituting or
amending a condition.
(b) by omitting from subsection (4) "or
rescinding any condition" and
substituting "the conditions";
(c) by omitting from subsection (4)(a)
"condition" and substituting
"conditions";
(d) by omitting from subsection (5) "the
condition" and substituting "the
conditions of the licence,";
(e) by omitting from subsection (6) "a
condition" and substituting "the
conditions".
62. Section 56 amended (Retention licence)
Section 56 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "and on
payment of the prescribed fee";
(b) by omitting from subsection (2)(b)(i)
"over which it is granted" and
substituting "comprised in the licence";
(c) by omitting from subsection (2)(b)(iii)
"type of minerals in respect of which it is
granted" and substituting "minerals, or
category of minerals, to which the
licence relates";
81
Mineral Resources Development Amendment Act 2013
Act No. of
s. 63
(d) by omitting from subsection (3) "over
which the licence is granted" and
substituting "comprised in the licence".
63. Section 57 substituted
Section 57 of the Principal Act is repealed and
the following section is substituted:
57. Area of land comprised in retention licence
(1) The area of land comprised in a licence
must not exceed -
(a) for a licence relating to Category
1, 3 or 5 minerals, 10 square
kilometres; or
(b) for a licence relating to Category
2, 4 or 6 minerals, 50 square
kilometres.
(2) A licence of any kind or a lease is not
affected by an application under section
47 for a licence.
(3) On the granting of an application under
section 47 for a licence in relation to a
mineral, or a category of mineral, an area
of land to which the application relates
that is subject to an exploration licence in
relation to the same mineral, or the same
category of minerals, ceases to be subject
to the exploration licence.
82
Mineral Resources Development Amendment Act 2013
Act No. of
s. 64
(4) An area of land comprised in a licence in
respect of a mineral or a category of
minerals -
(a) must not include an area which is
the subject of a lease in respect of
the mineral or category of
minerals; and
(b) must not include an area which is
the subject of an application for a
lease.
(5) Land comprised in a licence may be
either or both of the following:
(a) the same size as, or smaller than,
the area of land in respect of
which the licence was sought;
(b) different in shape from the area of
land in respect of which the
licence was sought.
64. Section 58 amended (Authority of retention licence)
Section 58(1) of the Principal Act is amended as
follows:
(a) by omitting "the licensee" and
substituting "the holder of the licence, a
person authorised by the holder of the
licence, and a person acting under a
contract of service, or a contract for
services, with the holder of the licence";
83
Mineral Resources Development Amendment Act 2013
Act No. of
s. 65
(b) by inserting in paragraph (a) ", in
accordance with the conditions of the
licence," after "out";
(c) by inserting in paragraph (b) ", in
accordance with the conditions of the
licence," after "to".
65. Section 59 amended (Term of retention licence)
Section 59(1) of the Principal Act is amended by
inserting "or extended under subsection (2)"
after "earlier".
66. Section 60A substituted
Section 60A of the Principal Act is repealed and
the following sections are substituted:
60A. Annual report
(1) A holder of a licence is, in each year, to
submit to the Director, by -
(a) the anniversary, in that year, of
the day on which the application
for the licence was granted; or
(b) a day, after that anniversary,
specified under subsection (2) in
relation to the licence -
a report (an annual report) in relation to
the 12-month period immediately before
that anniversary.
84
Mineral Resources Development Amendment Act 2013
Act No. of
s. 66
(2) The Director may, by notice in writing to
a holder of a licence, specify a day for
the purposes of subsection (1)(b) in
relation to the licence.
(3) The annual report is to -
(a) be in accordance with the annual
report guidelines; and
(b) specify the amounts of money
expended in respect of any
exploration carried out during the
12-month period to which the
report relates; and
(c) contain a summary of the matters
specified in section 187(2); and
(d) give details of any work that is
proposed to be undertaken under
the licence in the future; and
(e) contain any other matter relating
to the licence that is specified in
the annual report guidelines, or
by the Director by notice in
writing to the holder of the
licence, as being required to be
contained in the report.
60AB. Returns
(1) A licensee is to submit to the Director,
within 28 days after the end of a quarter,
a return (a quarterly return) in relation to
the quarter.
85
Mineral Resources Development Amendment Act 2013
Act No. of
s. 66
(2) A quarterly return is to be in the
approved form, if any.
(3) A quarterly return in relation to a licence
is to -
(a) specify the expenditure, during
the quarter to which the return
relates, on each category of
exploration, under the licence,
that is listed in the approved
form, if any; and
(b) specify the progress of the
exploration program under the
licence during the quarter; and
(c) specify any rehabilitation, of the
area of land comprised in the
licence, that was undertaken
during the quarter; and
(d) contain any other statistical
information that is specified in
the form, or by the Director by
notice in writing to the licensee,
as being required to be contained
in the return.
(4) A licensee, by the anniversary, in each
year, of the date on which the application
for the licence is granted, is to submit to
the Director a return (an annual return)
in relation to the 12-month period before
that anniversary.
86
Mineral Resources Development Amendment Act 2013
Act No. of
s. 67
(5) An annual return is to be in the approved
form, if any.
(6) The Director may, by notice to a
licensee, require the licensee to submit to
the Director, by the date or dates
specified in the notice, the information
specified in the notice as required to be
submitted by the licensee.
(7) A licensee is to submit to the Director, by
the date or dates specified in the notice to
the licensee under subsection (6), the
information specified in the notice as
required to be submitted by the licensee.
Penalty: Fine not exceeding 50 penalty
units.
(8) The information specified in an approved
form, or a notice under this section, as
required to be submitted by the licensee,
may include an audited report.
67. Section 60C substituted
Section 60C of the Principal Act is repealed and
the following section is substituted:
60C. Exploration without licence
A person must not, on an area of land
comprised in a licence, explore for
minerals to which the licence relates,
unless the person -
(a) is the holder of the licence; or
87
Mineral Resources Development Amendment Act 2013
Act No. of
s. 68
(b) is authorised by the holder of the
licence to explore for the
minerals; or
(c) is exploring for the minerals
under a contract of service, or a
contract for services, with the
holder of the licence; or
(d) has obtained the written consent
of the holder of the licence.
Penalty: Fine not exceeding 100 penalty
units.
68. Section 61 amended (Variation of retention licence)
Section 61 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) ", or a
category of minerals," after "mineral";
(b) by inserting in subsection (2)(b) ", or a
category of minerals," after "mineral";
(c) by inserting in subsection (3)(c) ", or a
category of minerals," after "mineral".
69. Section 62 amended (Application for transfer of
retention licence)
Section 62 of the Principal Act is amended as
follows:
88
Mineral Resources Development Amendment Act 2013
Act No. of
s. 70
(a) by omitting subsection (4) and
substituting the following subsection:
(4) The Registrar, by notice in
writing, is to notify of an
application lodged under this
section in relation to a licence any
person who has lodged a caveat
under Part 10 in relation to the
licence.
(b) by omitting from subsection (5) "so as to
be received at least 14 days before the
approval takes effect." and substituting
"within 14 days after the application is
lodged.";
(c) by omitting subsection (6) and
substituting the following subsection:
(6) A person who has lodged a caveat
under Part 10 in relation to a
licence may, within 14 days after
receipt of a notice under
subsection (5) in relation to the
licence, object to the Mining
Tribunal against an application
for approval to transfer the
licence.
70. Section 63 amended (Approval of transfer of
retention licence)
Section 63 of the Principal Act is amended as
follows:
89
Mineral Resources Development Amendment Act 2013
Act No. of
s. 71
(a) by omitting from subsection (1)(a) ",
with or without conditions";
(b) by inserting the following paragraph after
paragraph (a) in subsection (1):
(ab) refuse to approve the application
until conditions specified by the
Minister are satisfied; or
(c) by inserting the following paragraph after
paragraph (a) in subsection (2):
(ab) the conditions, if any, that must
be satisfied before the Minister
will approve the transfer; or
71. Section 64 amended (Extension of term of retention
licence)
Section 64(6) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (b) "appeal."
and substituting "appeal; or";
(b) by inserting the following paragraph after
paragraph (b):
(c) if the date on which the licence
would, if the application were not
granted, expire is a date later than
the date on which a decision or
order referred to in paragraph (a)
or (b) occurs, the date on which
the licence would expire.
90
Mineral Resources Development Amendment Act 2013
Act No. of
s. 72
72. Section 65 amended (Term of extended licence)
Section 65(1) of the Principal Act is amended by
inserting "or unless the term of the licence is
extended under this section," after "earlier".
73. Section 67 amended (Surrender of retention licence)
Section 67 of the Principal Act is amended by
inserting after subsection (4) the following
subsections:
(5) If the Director approves an application
on conditions, the Director, by notice in
writing, is to notify the applicant when
the Director is satisfied that all the
conditions have been fulfilled.
(6) If the Director approves an application,
the licence, or the part of the licence, to
which the application relates -
(a) is, if the application is approved
without conditions, surrendered
on the date on which the Director
gives to the applicant notice
under subsection (4) of the
approval; or
(b) is, if the application is approved
with conditions, surrendered on
the date on which the Director
gives to the applicant notice
under subsection (5) that the
Director is satisfied that all the
conditions have been fulfilled.
91
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
74. Part 3A inserted
After section 67 of the Principal Act, the
following Part is inserted:
PART 3A - PRODUCTION LICENCES
Division 1 - Applications
67A. Application for production licence
(1) A person may apply to the Minister for a
petroleum production licence or a
geothermal production licence.
(2) A person may only apply under
subsection (1) for a petroleum production
licence if -
(a) the licence is to relate to both -
(i) the minerals specified in
an exploration licence, or
a special exploration
licence, for Category 4
minerals; and
(ii) any area of land
comprised in that licence;
and
(b) the person is the holder of the
exploration licence or special
exploration licence or is a person
to whom a consent under
section 67B in relation to that
licence has been given by the
holder of the licence.
92
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
(3) A person may only apply under
subsection (1) for a geothermal
production licence if -
(a) the licence is to relate to both -
(i) the minerals specified in
an exploration licence, or
a special exploration
licence, for Category 6
minerals; and
(ii) any area of land
comprised in the
exploration licence or
special exploration
licence; and
(b) the person is the holder of the
exploration licence or special
exploration licence or is a person
to whom a consent under
section 67B in relation to that
licence has been given by the
holder of the licence.
(4) An application under subsection (1) is
to -
(a) be in an approved form; and
(b) specify the minerals, or category
of minerals, in respect of which it
is made; and
(c) be accompanied by a statement
specifying -
93
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
(i) the production activities
to be carried out under the
licence; and
(ii) a description of the area
of land in respect of
which the licence is
sought; and
(iii) the financial and technical
resources available to the
applicant; and
(iv) an estimate of the
proposed expenditure on
activities under the
licence; and
(v) the likely impact on the
environment of activities
under the licence; and
(d) be accompanied by a fee
determined by the Minister; and
(e) be accompanied by a plan of
development or a plan of field
development; and
(f) contain any other details the
Director requires; and
(g) be lodged with the Registrar.
(5) The Registrar or the Director or both may
require an applicant to provide further
information.
94
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
67B. Holder of licence may consent to other
person applying for production licence
(1) The holder of an exploration licence, or a
special exploration licence, in relation to
a Category 4 mineral may, by notice in
writing to another person, consent to the
other person applying, either alone or in
conjunction with the holder, for a
petroleum production licence that is to
relate to both -
(a) the minerals, or category of
minerals, specified in the
exploration licence or special
exploration licence; and
(b) any area of land comprised in that
licence.
(2) The holder of an exploration licence, or a
special exploration licence, in relation to
a Category 6 mineral may, by notice in
writing to another person, consent to the
other person applying, either alone or in
conjunction with the holder, for a
geothermal production licence that is to
relate to both -
(a) the minerals, or category of
minerals, specified in the
exploration licence or special
exploration licence; and
(b) any area of land comprised in that
licence.
95
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
(3) A person to whom a notice of consent is
given under subsection (1) or (2) is to
provide the Registrar with a copy of that
notice within 14 days of the date of the
notice.
67C. Pending applications
(1) An application for a licence is pending
from the day on which it is lodged until
whichever of the following happens first:
(a) the application is granted;
(b) the application is refused;
(c) the application lapses;
(d) the application is withdrawn.
(2) An application for a licence lapses -
(a) 12 months after it is lodged, if it
is not determined or withdrawn
by that time; or
(b) at a later date fixed by the
Director, if -
(i) the failure to determine
the application was not
caused by a default of the
applicant; or
(ii) there is, in the opinion of
the Director, a sufficient
96
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
reason for fixing a later
date.
67D. Recommendation of application for
production licence
(1) The Director is to consider an application
for a licence.
(2) If the Director intends to recommend to
the Minister that the application be
granted, the Director is to -
(a) notify that intention by notice in
writing -
(i) to the applicant; and
(ii) as required by section 29
of the Native Title Act
1993 of the
Commonwealth; and
(b) publish a notice of that intention
in a newspaper circulating in the
relevant area.
(3) A notice under subsection (2)(b) is to
specify -
(a) the name of the applicant; and
(b) the area of land in respect of
which the application is made;
and
(c) any other prescribed matter.
97
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
67E. Objection to production licence
(1) Any person with an interest or estate in
land within the area specified in a notice
published under section 67D(2)(b) may
object to the granting of the application
for a licence in respect of that land.
(2) An objection is to -
(a) be in writing; and
(b) specify the grounds; and
(c) be accompanied by the prescribed
fee; and
(d) be lodged with the Registrar
within 28 days after the date of
the publication of the notice
under section 67D(2)(b).
(3) An objection is to be heard and
determined by the Mining Tribunal.
67F. Alteration of application, &c., before notice
published
(1) A person who has applied for a licence
may, by notice to the Director, alter -
(a) the application for the licence; or
(b) the statement accompanying, in
accordance with
section 67A(4)(c), the application
for the licence.
98
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
(2) The alterations to an application for a
licence that may be specified in a notice
under subsection (1) -
(a) include an alteration of the area
of land in respect of which the
licence is sought; but
(b) do not include an alteration of the
minerals, or the category of
minerals, in respect of which the
application is made.
(3) A notice may only be given to the
Director under subsection (1) before
notice of the application is published
under section 67D(2)(b) (including
publication of such a notice in
accordance with section 67H(2)(a)).
(4) An application altered under
subsection (1) is, as so altered, to be
taken to be the application as lodged
under section 67A.
67G. Alteration of application after objection
(1) If the Mining Tribunal upholds an
objection relating to a part of the land in
respect of which an application for a
licence is made, it may allow the
applicant to alter the application by
excluding that part.
(2) An application for a licence altered under
subsection (1) is, as so altered, to be
99
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
taken to be the application as lodged
under section 67A.
67H. Granting application for production licence
(1) After considering an application for a
licence and any recommendation of the
Director (but subject to any decision of
the Mining Tribunal), the Minister may -
(a) grant the application; or
(b) refuse to grant the application.
(2) If the Minister intends to grant an
application for a licence contrary to the
recommendation of the Director -
(a) the Director is to notify that
intention in accordance with
section 67D(2); and
(b) a person with an interest or estate
in the land in respect of which the
licence is sought is entitled to
object in accordance with
section 67E.
(3) The Minister, by notice in writing, must
notify the applicant of -
(a) the grant of the application; or
(b) the refusal to grant the
application and the reasons for
the refusal.
100
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
67I. When Minister may grant application
(1) The Minister may only grant an
application for a licence if the Minister is
satisfied that the applicant -
(a) intends to undertake production
of Category 4 minerals or
Category 6 minerals; and
(b) intends to comply with this Act;
and
(c) has an appropriate plan of
development or plan of field
development; and
(d) has provided sufficient
information relating to the likely
impact on the environment of
activities under the licence; and
(e) has provided a security deposit;
and
(f) has provided any other
information requested by the
Director.
(2) The Minister may only grant an
application for a licence in respect of a
Category 4 mineral if the applicant
satisfies the Minister that the licence, if
issued, would relate to a petroleum
reservoir, or reservoirs, containing
sufficient petroleum to enable the
101
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
production of the petroleum, on the scale
proposed, to be feasible.
(3) The Minister may only grant an
application for a licence in respect of a
Category 6 mineral if the applicant
satisfies the Minister that -
(a) the geothermal resources to
which the licence is to relate
exist; and
(b) the production of geothermal
energy on the scale proposed is
feasible.
(4) The Minister may only grant an
application for a licence in respect of
private land if the Minister is satisfied
that -
(a) the applicant has entered into a
compensation agreement with the
owner or occupier of the land; or
(b) the Mining Tribunal has
determined under section 150 the
rate at which compensation is
payable to the owner or occupier
of the land.
(5) The Minister may only grant an
application for a licence if the Minister is
satisfied that the applicant has -
(a) sufficient technical and financial
resources; or
102
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
(b) an agreement, contract, or other
arrangement, with another person
to ensure the provision of
sufficient technical and financial
resources -
to enable the carrying out of the proposed
plan of development or proposed plan of
field development.
(6) The Minister may refuse to grant an
application for a licence by an applicant
if the Minister is of the opinion that the
application ought to be refused because -
(a) of significant, or repeated,
breaches of this Act or the
regulations by -
(i) the applicant; or
(ii) a person, authorised or
employed by the
applicant, who committed
the breach, or breaches, in
relation to activities under
a licence of any kind, or a
lease, of the applicant; or
(b) the applicant has failed to comply
with the conditions subject to
which an application under this
Act by the applicant for a licence
of any kind, or a lease, was
granted; or
103
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
(c) the applicant has failed to
substantially carry out as much of
a work program, development
plan, field development plan, or
mining plan, in relation to a
licence of any kind, or a lease, of
the applicant, as ought reasonably
to be expected to have been
carried out at the time the
application is made.
(7) The Minister may refuse to grant an
application for a licence by an applicant
if the Minister is of the opinion that the
application ought to be refused because -
(a) taking into account the risks and
benefits to the State of allowing
production activities under the
licence to occur, it is in the best
interests of the State not to grant
the application for the licence; or
(b) it is desirable to preserve the
minerals in the area of land to
which the licence would relate so
as to enable their exploitation in
the future.
67J. Conditions of licence
(1) The Minister may grant an application
for a licence subject to any conditions the
Minister considers appropriate.
104
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
(2) Without limiting the generality of
subsection (1), the conditions that may be
imposed include -
(a) a condition as to the amount of
money that is to be expended -
(i) during the period in which
the licence is in force; or
(ii) during one or more
periods, in which the
licence is in force,
specified in the licence -
or both, for the purposes of, or in
relation to, exploration or
production activities under the
licence; and
(b) a condition requiring the
completion of work to be
undertaken in accordance with a
development plan or a field
development plan -
(i) during the period in which
the licence is in force; or
(ii) during one or more
periods, in which the
licence is in force,
specified in the licence -
or both, for the purposes of, or in
relation to, exploration or
105
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
production activities under the
licence.
(3) If a licence is held by 2 or more persons,
those persons are jointly and severally
liable for complying with the conditions
of the licence.
(4) The Minister may vary the conditions of
the licence by rescinding, adding,
substituting or amending a condition.
(5) Before varying the conditions of a
licence, the Minister, by notice in writing
served on the licensee, is to notify the
licensee of -
(a) the intention to vary the
conditions; and
(b) the nature of the variation; and
(c) the right of the licensee to make
submissions in relation to the
matter within a period specified
in the notice.
(6) A licensee may, within 28 days after the
date of the Minister's decision to vary the
conditions of a licence, appeal to the
Mining Tribunal against the decision.
(7) The variation of the conditions of the
licence takes effect -
(a) if an appeal is not made under
subsection (6), 28 days after
106
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
service of a notice under
subsection (5); or
(b) if an appeal is made under
subsection (6) and the Mining
Tribunal makes an order
affirming the decision, 10 days
after the date of the order.
67K. Restriction on exploration on private land
The holder of a licence, a person
authorised by the holder of a licence, and
a person acting under a contract of
service, or a contract for services, with
the holder of a licence, must not explore
on private land within 100 metres of -
(a) the surface of any natural lake,
artificial lake, dam, reservoir,
water-producing well, or artificial
pond, part or all of which is on
the land; or
(b) any dwelling, or substantial
building, on the land -
unless the holder of the licence has the
consent of the owner and of the occupier
of the land to do so.
Penalty: Fine not exceeding 100 penalty
units.
107
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
Division 2 - Production licences
67L. Production licence
(1) On granting an application for a licence,
the Minister is to issue a petroleum
production licence or a geothermal
production licence.
(2) A licence is to -
(a) be in an approved form; and
(b) include the following particulars:
(i) a description of the area
of land comprised in the
licence;
(ii) the total area of that land;
(iii) the minerals, or category
of minerals, to which the
licence relates;
(iv) the terms and conditions
to which it is subject;
(v) the period for which it is
in force.
(3) A licensee is to pay rent to the Crown in
respect of the land to which the licence
relates at a prescribed rate and in a
prescribed manner.
108
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
67M. Area of land comprised in production licence
(1) The area of land comprised in a
petroleum production licence is to be, in
the opinion of the Minister, sufficient -
(a) to allow the activities set out in
the field development plan in
respect of the licence to be
carried out; and
(b) to enable future petroleum
production in relation to the
petroleum field to which the field
development plan relates; and
(c) to enable future storage in any
petroleum reservoir to which the
licence relates.
(2) The area of land comprised in a
geothermal production licence is to be, in
the opinion of the Minister, sufficient -
(a) to allow the activities set out in
the development plan in respect
of the licence to be carried out;
and
(b) to enable future development of
the geothermal resource; and
(c) to cover the extent of any
geothermal reservoir that is
specified in the application; and
109
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
(d) to enable future storage in the
geothermal reservoir.
(3) Land comprised in a licence may be
either or both of the following:
(a) the same size as, or smaller than,
the area of land in respect of
which the licence was sought;
(b) different in shape from the area of
land in respect of which the
licence was sought.
(4) An area of land comprised in a licence
must not include an area which -
(a) is subject to a licence of any kind
in respect of the same minerals or
category of minerals; or
(b) is the subject of an application for
a retention licence or a lease; or
(c) is the subject of a retention
licence or a lease.
67N. Authority of production licence
(1) A licence authorises the holder of the
licence, a person authorised by the holder
of the licence, and a person acting under
a contract of service, or a contract for
services, with the holder of the licence -
(a) to explore, in accordance with the
conditions of the licence, in the
110
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
area of land specified in the
licence for minerals, or minerals
within the category of minerals,
specified in the licence; and
(b) to carry out, in accordance with
the conditions of the licence, in
the area of land specified in the
licence, production activities in
relation to minerals, or minerals
within a category of minerals,
specified in the licence; and
(c) to enter on, and pass over, in
accordance with the conditions of
the licence, Crown land for the
purposes referred to in
paragraphs (a) and (b); and
(d) subject to subsection (2), to enter
on, and pass over, in accordance
with the conditions of the licence,
private land for the purposes
referred to in paragraphs (a) and
(b).
(2) A person may only enter on, or pass
over, private land by giving written
notice in an approved form to the owner
or occupier of the land 14 days, or any
shorter period the owner or occupier
allows, before doing so.
(3) A person must not hinder or obstruct a
licensee from carrying out any activity
under the licence.
111
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
Penalty: Fine not exceeding 100 penalty
units.
67O. Term of production licence
A licence, unless revoked earlier or
unless the term of the licence is extended
under section 67P, is in force for a period
of 10 years from the date on which the
application for the licence is granted.
67P. Extension of term of production licence
(1) A person may apply to the Minister for
an extension of the term of a licence.
(2) An application is to be -
(a) in an approved form; and
(b) accompanied by the prescribed
fee; and
(c) lodged with the Registrar before
the licence ceases to be in force.
(3) The Minister may -
(a) grant the application for any
further period, of not more than
10 years, that the Minister
determines, and with or without
any conditions; or
(b) refuse to grant the application.
112
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
(4) The Minister may grant under this
section more than one application in
relation to a licence under this section.
(5) The Minister, by notice in writing, must
notify the applicant of -
(a) the grant of the application; or
(b) the refusal to grant the
application and the reasons for
the refusal.
(6) A licensee may, within 28 days after
receipt of a notice under subsection (5) in
relation to an application, appeal to the
Mining Tribunal against the Minister's
refusal to grant the application.
(7) A licence to which an application under
subsection (1) relates remains in force
until -
(a) the Minister makes a decision
under subsection (3); or
(b) if an appeal is made under
subsection (6), the Mining
Tribunal makes an order in
relation to the appeal; or
(c) if the date on which the licence
would, if the application were not
granted, expire is a date later than
the date on which a decision or
order referred to in paragraph (a)
113
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
or (b) occurs - the date on which
the licence would expire.
67Q. Exemption from conditions of production
licence
(1) A licensee may apply to the Minister for
an exemption from any condition of a
licence.
(2) An application is to be -
(a) in an approved form; and
(b) accompanied by the prescribed
fee; and
(c) lodged with the Registrar.
(3) The Minister may -
(a) grant the application; or
(b) refuse to grant the application.
(4) If the Minister grants the application, the
Minister is to issue the licensee with a
certificate of exemption.
(5) A certificate of exemption -
(a) remains in force for the period
specified in the certificate; and
(b) is subject to any conditions
specified in the certificate.
114
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
67R. Annual report
(1) A licensee, by the relevant date after
each 12-month period ending on the
anniversary of the day on which the
application for the licence is granted, is
to submit to the Director a report (an
annual report) in relation to that 12-
month period.
(2) The relevant date in relation to a 12-
month period is -
(a) 30 days after the end of the
period; or
(b) a date specified, by the Director
in a notice to the licensee, as the
relevant date for the purposes of
this section.
(3) The annual report is to -
(a) be in accordance with the
approved form and accompanied
by a statutory declaration as to its
accuracy; and
(b) specify the amounts of money
expended in respect of any
exploration or production
activities carried out during the
year to which it relates; and
(c) contain a summary of the matters
specified in whichever of
115
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
section 187(4) or (5) applies in
relation to the licence; and
(d) give details of any exploration or
production activities carried out
under the development plan or
the field development plan, as the
case may be, during the year; and
(e) give details of any proposed
exploration or production
activities to be carried out in the
next calendar year under the
development plan or the field
development plan, as the case
may be; and
(f) contain any other matter relating
to the licence that is specified in
the annual report guidelines, or
by the Director by notice in
writing to the holder of the
licence, as being required to be
contained in the report.
67S. Returns
(1) A licensee is to submit to the Director,
within 28 days after the end of a quarter,
a return (a quarterly return) in relation to
the quarter.
(2) A quarterly return is to be in the
approved form, if any, and is to be
accompanied by a statutory declaration
as to its accuracy.
116
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
(3) A quarterly return in relation to a licence
is to -
(a) specify the nature, quantity and
value of the minerals obtained,
under the licence, during the
quarter to which the return
relates; and
(b) specify the average number of
persons employed in relation to
the licence during the quarter;
and
(c) contain any other statistical
information relating to the licence
that is specified in the form, or by
the Director by notice in writing
to the licensee, as being required
to be contained in the return.
(4) A licensee, by the anniversary, in each
year, of the date on which the application
for the licence is granted, is to submit to
the Director a return (an annual return)
in relation to the 12-month period before
that anniversary.
(5) An annual return is to be in the approved
form, if any, and is to be accompanied by
a statutory declaration as to its accuracy.
(6) The Director may, by notice to a
licensee, require the licensee to submit to
the Director, by the date or dates
specified in the notice, the information
117
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
specified in the notice as required to be
submitted by the licensee.
(7) A licensee is to submit to the Director, by
the date or dates specified in the notice to
the licensee under subsection (6), the
information specified in the notice as
required to be submitted by the licensee.
(8) The information submitted to the
Director under subsection (7) is to be
accompanied by a statutory declaration
as to its accuracy.
(9) The information specified in an approved
form, or a notice under this section, as
required to be submitted by the licensee
may include an audited report.
67T. Duties under production licence
(1) A licensee must carry out any
exploration or production activities under
the licence efficiently and effectively.
(2) A licensee is to carry out any
exploration, production activities and
rehabilitation of land consistently with
the standards specified in any relevant
Code of practice.
(3) If production activities have not
commenced within 24 months after the
grant of the licence, the Minister may, by
notice in writing to the licensee, require
118
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
the licensee to commence production
activities under the licence.
(4) If, in the Minister's opinion, production
activities on the area of land comprised
in a licence are practicable and
commercially feasible, the Minister may,
by notice in writing to the licensee,
require the licensee to undertake or
continue production activities in
accordance with the requirements
specified in the notice, until the licensee
satisfies the Minister that the production
activities are no longer practicable or
commercially feasible.
(5) A notice under subsection (4) may
require petroleum, or geothermal energy,
from the area comprised in the licence to
be produced at a rate that is no less than
the rate specified in the notice.
(6) If the holder of a licence fails to proceed
with production activities, or a rate of
production, as required under the licence
or by notice under this section, and has
not entered into arrangements
satisfactory to the Minister for
production activities or a rate of
production or use in the future, the
Minister may, by written notice to the
licensee, revoke the licence.
119
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
67U. Production without licence
A person must not carry out production
activities for Category 4 minerals or
Category 6 minerals unless the person -
(a) is the holder of a production
licence in relation to the minerals;
or
(b) is authorised by the holder of the
licence to carry out production
activities; or
(c) is a person acting under a contract
of services, or a contract for
services, with the holder of the
licence; or
(d) has the written consent of the
holder of the licence to do so.
Penalty: Fine not exceeding 100 penalty
units.
Division 3 - Dealings with licence
67V. Variation of production licence
(1) The Minister, by notice in writing, with
the approval of the licensee, may vary
the licence by adding to, or reducing, the
area of land comprised in the licence.
(2) On the application of a licensee, the
Minister, by notice in writing, may vary
120
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
the licence by adding to, or reducing, the
area of land comprised in the licence.
(3) If a licensee fails to comply with, or
contravenes, a provision of this Act or a
condition of the licence, the Minister
may vary the licence by -
(a) varying or adding any condition;
or
(b) reducing the area of land
comprised in the licence.
(4) Before varying a licence, the Minister, by
notice in writing served on the licensee,
is to notify the licensee of -
(a) the intent to vary the licence; and
(b) the nature of the variation; and
(c) the right of the licensee to make
submissions in relation to the
matter within a period specified
in the notice.
(5) A licensee may, within 28 days after the
date of Minister's decision to vary the
licence, appeal to the Mining Tribunal
against the Minister's decision.
(6) The variation of the licence takes effect -
(a) if an appeal is not made under
subsection (5), 28 days after
service of a notice under
subsection (4); or
121
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
(b) if an appeal is made under
subsection (5) and the Mining
Tribunal makes an order
affirming the decision, 10 days
after the date of the order.
67W. Application for transfer of production
licence
(1) A licensee may apply to the Minister for
approval to transfer a licence.
(2) An application is to be -
(a) in an approved form; and
(b) accompanied by the executed
instrument of transfer; and
(c) accompanied by the prescribed
fee; and
(d) lodged with the Registrar within
28 days after the transfer is
executed.
(3) The Registrar may extend the period
referred to in subsection (2)(d) if the
Registrar is satisfied that it is reasonable
to do so.
(4) The Registrar, by notice in writing, is to
notify of an application lodged under this
section in relation to a licence any person
who has lodged a caveat under Part 10 in
relation to the licence.
122
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
(5) A notice under subsection (4) is to be
sent by certified mail within 14 days after
the application is lodged.
(6) A person who has lodged a caveat under
Part 10 in relation to a licence may,
within 14 days after receipt of the notice
under subsection (5), object to the
Mining Tribunal against an application
for approval to transfer the licence.
67X. Approval of transfer of production licence
(1) The Minister may -
(a) approve the application for the
transfer of a licence; or
(b) refuse to approve the application
until conditions specified by the
Minister are satisfied; or
(c) refuse to approve the application.
(2) The Minister, by notice in writing, must
notify the applicant of -
(a) the approval of the application; or
(b) the conditions, if any, that must
be satisfied before the Minister
will approve the transfer; or
(c) the refusal to approve the
application and the reasons for
the refusal.
123
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
(3) A transfer -
(a) is of no effect unless approved by
the Minister; and
(b) takes effect, if approved, on the
date of the approval.
67Y. Revocation of production licence
(1) The Minister may revoke a licence or
part of a licence if -
(a) the licensee fails to comply with,
or contravenes -
(i) any provision of this Act;
or
(ii) any condition of the
licence; or
(b) the Minister is satisfied that any
area of land comprised in the
licence is required for any public
purpose.
(2) Before revoking a licence or part of a
licence under subsection (1)(a), the
Minister -
(a) by notice in writing served on the
licensee, is to notify the licensee
of the intention to revoke the
licence or part of the licence; and
124
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
(b) is to give the licensee an
opportunity to make submissions
in relation to the matter.
(3) If the Minister revokes a licence or part
of a licence, the Minister, by notice in
writing, is to notify the licensee.
(4) If the Minister revokes a licence or part
of a licence under subsection (1)(b), the
licensee is entitled to compensation
under Part 8.
(5) The Minister, as soon as practicable after
a licence or a part of a licence is revoked,
is to give notice in the Gazette of the
revocation.
(6) A licensee may, within 28 days after the
Minister's decision to revoke the licence,
appeal to the Mining Tribunal against the
decision.
(7) The revocation of a licence or part of a
licence takes effect -
(a) if an appeal is not made under
subsection (6), 28 days after
publication of a notice under
subsection (5); or
(b) if an appeal is made under
subsection (6) and the Mining
Tribunal makes an order
affirming the decision, 10 days
after the date of the order.
125
Mineral Resources Development Amendment Act 2013
Act No. of
s. 74
67Z. Surrender of production licence
(1) A licensee may apply to the Director for
approval to surrender a licence or part of
a licence.
(2) An application for approval to surrender
a licence or part of a licence is to be -
(a) in an approved form; and
(b) accompanied by the licence; and
(c) accompanied by the prescribed
fee; and
(d) lodged with the Registrar.
(3) The Director may -
(a) approve the application, with or
without any conditions; or
(b) refuse to approve the application.
(4) The Director, by notice in writing, is to
notify the applicant of -
(a) the approval of the application; or
(b) the refusal to approve the
application and the reasons for
that refusal.
(5) If the Director approves an application
on conditions, the Director, by notice in
writing, is to notify the applicant when
126
Mineral Resources Development Amendment Act 2013
Act No. of
s. 75
the Director is satisfied that all the
conditions have been fulfilled.
(6) If the Director approves an application,
the licence, or the part of the licence, to
which the application relates -
(a) is, if the application is approved
without conditions, surrendered
on the date on which the Director
gives to the applicant notice
under subsection (4) of the
approval; or
(b) is, if the application is approved
with conditions, surrendered on
the date on which the Director
gives to the applicant notice
under subsection (5) that the
Director is satisfied that all the
conditions have been fulfilled.
75. Section 70 amended (Applications for mining lease)
Section 70 of the Principal Act is amended as
follows:
(a) by inserting in subsection (2)(b) ", or
category of minerals," after "minerals";
(b) by inserting in subsection (2)(c)(i)
"under the lease" after "out";
(c) by inserting in subsection (2)(c)(iv) "on
mining operations under the lease" after
"expenditure";
127
Mineral Resources Development Amendment Act 2013
Act No. of
s. 76
(d) by inserting in subsection (2)(e) ", if any"
after "fee";
(e) by omitting subsection (4) and
substituting the following subsection:
(4) If a relevant licence, within the
meaning of section 161E(1),
ceases to be in force in relation to
an area of land, a person may not,
until a date specified by the
Director, in accordance with
section 161E(2)(c), in a notice
published under section 161E(2)
in relation to the licence, apply
for a lease that is to relate to
both -
(a) all or part of the area of
land that is specified in
the notice; and
(b) a mineral, or category of
minerals, specified in the
notice.
76. Section 71 amended (Exclusive right to mining
lease)
Section 71 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) ", a special
exploration right" after "exploration
licence";
128
Mineral Resources Development Amendment Act 2013
Act No. of
s. 77
(b) by omitting from subsection (1) "in
respect of" and substituting "that is to
relate to both";
(c) by inserting in subsection (1)(b) ", or
category of minerals," after "minerals";
(d) by inserting in subsection (2) ", a special
exploration right" after "exploration
licence";
(e) by inserting in subsection (4) "licence, a
special exploration licence" after
"exploration";
(f) by omitting from subsection (4)
"exploration licence or retention".
77. Section 72 amended (Marking out)
Section 72 of the Principal Act is amended by
omitting subsections (1) and (2) and substituting
the following subsections:
(1) A person who intends to apply for a lease
is to mark out in the prescribed manner
the land to which the application is to
relate.
(2) A person who intends to apply for a lease
may enter on, and pass over, land for the
purpose of marking out the lease to
which the application for the lease is to
relate.
(2A) A person who intends to apply for a lease
and who marks out land is to, within 7
129
Mineral Resources Development Amendment Act 2013
Act No. of
s. 78
days of marking out the land, notify the
owner of the land -
(a) of the marking out of the land;
and
(b) of the area of land that has been
marked out; and
(c) of the minerals, or category of
minerals, to which it is intended
the lease will relate.
78. Section 74 amended (Priority of applications for
leases)
Section 74(1)(d) of the Principal Act is amended
by omitting "under section 70(4) have equal
priority and are to be determined without
reference to any other application" and
substituting "by the Director, in accordance with
section 161E(2)(c), in a notice under
section 161E(2) in relation to a relevant licence,
within the meaning of that section, in respect of
all or part of the land to which the application
relates, are to be taken to be received on the
same day".
79. Section 74A inserted
After section 74 of the Principal Act, the
following section is inserted in Division 1:
130
Mineral Resources Development Amendment Act 2013
Act No. of
s. 80
74A. Alteration of application, &c., before notice
given
(1) A person who has applied for a lease
may, by notice to the Director, alter -
(a) the application for the lease; or
(b) the statement accompanying, in
accordance with section 70(2)(c),
the application for the lease.
(2) The alterations to an application for a
lease that may be specified in a notice
under subsection (1) include, but are not
limited to including, alterations of -
(a) the minerals, or the category of
minerals, in respect of which the
application is made; and
(b) the area of land in respect of
which the lease is sought.
(3) A notice may only be given to the
Director under subsection (1) before
notice of the application is given under
section 75(2).
(4) An application altered under
subsection (1) is, as so altered, to be
taken to be the application as lodged
under section 70.
131
Mineral Resources Development Amendment Act 2013
Act No. of
s. 80
80. Section 75 amended (Recommendation of
application for mining lease)
Section 75 of the Principal Act is amended by
omitting subsections (3) and (4).
81. Section 77 amended (Amendment of applications
after objections)
Section 77(1) of the Principal Act is amended as
follows:
(a) by omitting "a portion" and substituting
"a part";
(b) by omitting "that portion" and
substituting "that part".
82. Section 78 amended (Granting application for
mining lease)
Section 78(2)(b) of the Principal Act is amended
by inserting "in respect of which the lease is
sought" after "land".
83. Section 78A inserted
After section 78 of the Principal Act, the
following section is inserted in Division 1:
78A. When Minister may grant application
(1) The Minister may only grant an
application for a lease if the Minister is
satisfied that the applicant -
132
Mineral Resources Development Amendment Act 2013
Act No. of
s. 83
(a) has demonstrated that there is a
sufficient quantity of minerals to
justify mining; and
(b) intends to carry out mining
operations under the lease; and
(c) intends to comply with this Act;
and
(d) has an appropriate mining plan;
and
(e) is likely to have sufficient
financial and technical resources
to carry out the mining plan; and
(f) has provided the Director with
sufficient information relating to
the likely impact on the
environment; and
(g) has provided a security deposit.
(2) The Minister may only grant an
application for a lease in respect of
private land if the Minister is satisfied
that -
(a) the applicant has entered into a
compensation agreement with the
owner or occupier of the land; or
(b) the Mining Tribunal has
determined under section 150 the
rate at which compensation is
133
Mineral Resources Development Amendment Act 2013
Act No. of
s. 83
payable to the owner or occupier
of the land.
(3) Subsection (2) does not apply to the
prescribed area of land in the municipal
area of West Tamar that is more than 15
metres from the surface of the land.
(4) The Minister may refuse to grant an
application for a lease by an applicant if
the Minister is of the opinion that the
application ought to be refused because -
(a) of significant, or repeated,
breaches of this Act or the
regulations by -
(i) the applicant; or
(ii) a person, authorised or
employed by the
applicant, who committed
the breach, or breaches, in
relation to activities under
a licence of any kind, or a
lease, of the applicant; or
(b) the applicant has failed to comply
with the conditions subject to
which an application under this
Act by the applicant for a licence
of any kind, or a lease, was
granted; or
(c) the applicant has failed to
substantially carry out as much of
a work program, development
134
Mineral Resources Development Amendment Act 2013
Act No. of
s. 84
plan, field development plan, or
mining plan, in relation to a
licence of any kind, or a lease, of
the applicant, as ought reasonably
to be expected to have been
carried out at the time the
application is made.
(5) The Minister may refuse to grant an
application for a lease by an applicant if
the Minister is of the opinion that the
application ought to be refused because -
(a) taking into account the risks and
benefits to the State of allowing
mining operations under the lease
to occur, it is in the best interests
of the State not to grant the
application for the lease; or
(b) it is desirable to preserve the
minerals in the area of land to
which the lease would relate so as
to enable their exploitation at a
period in the future other than the
period in which mining by the
applicant in respect of the area of
land would occur.
84. Section 79 substituted
Section 79 of the Principal Act is repealed and
the following section is substituted:
135
Mineral Resources Development Amendment Act 2013
Act No. of
s. 85
79. Mining lease over private land
The holder of a lease, a person authorised
by the holder of a lease, and a person
acting under a contract of service, or a
contract for services, with the holder of a
lease, must not explore, or carry out
mining operations, on private land within
100 metres of -
(a) the surface of any natural lake,
artificial lake, dam, reservoir,
water-producing well, or artificial
pond, part or all of which is on
the land; or
(b) any dwelling, or substantial
building, on the land -
unless the holder of the lease has the
consent of the owner and of the occupier
of the land to do so.
Penalty: Fine not exceeding 100 penalty
units.
85. Section 80 amended (Conditions of mining lease)
Section 80 of the Principal Act is amended by
omitting subsection (3) and substituting the
following subsection:
(3) The Minister may vary the conditions of
the lease by rescinding, adding,
substituting or amending a condition.
136
Mineral Resources Development Amendment Act 2013
Act No. of
s. 86
86. Section 81 amended (Mining lease)
Section 81 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "and on
payment of the prescribed fee";
(b) by omitting from subsection (2)(b)(i)
"over which it is granted" and
substituting "comprised in the lease";
(c) by omitting from subsection (2)(b)(iii)
"the type of minerals in respect of which
it is granted" and substituting "the
minerals, or category of minerals, to
which the lease relates".
87. Section 83 amended (Area of land comprised in
mining lease)
Section 83 of the Principal Act is amended by
omitting subsections (2) and (3) and substituting
the following subsections:
(2) Land comprised in a lease may be either
or both of the following:
(a) the same size as, or smaller than,
the area of land in respect of
which the lease was sought;
(b) different in shape from the area of
land in respect of which the lease
was sought.
137
Mineral Resources Development Amendment Act 2013
Act No. of
s. 88
(3) An area of land comprised in a lease
must not include an area which -
(a) is already a mineral tenement for
the minerals, or a category of
minerals, to which the lease is to
relate, unless the mineral
tenement is held by the person to
whom the lease is to be issued; or
(b) is the subject of an application for
a mineral tenement for the
minerals, or a category of
minerals, to which the lease is to
relate, unless the application is
made by the person to whom the
lease is to be issued.
88. Section 84 amended (Authority of mining lease)
Section 84 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) ", and a
person acting under a contract of service,
or a contract for services, with the holder
of the lease" after "lessee";
(b) by inserting in subsection (1)(a) ", in
accordance with the conditions of the
lease," after "out";
(c) by inserting in subsection (1)(a) ", or
minerals within the category of
minerals," after "minerals";
138
Mineral Resources Development Amendment Act 2013
Act No. of
s. 89
(d) by inserting in subsection (1)(b) ", in
accordance with the conditions of the
lease," after "to";
(e) by inserting in subsection (1)(c) ", in
accordance with the conditions of the
lease," after "to";
(f) by omitting subsection (2) and
substituting the following subsection:
(2) A person must not hinder, or
obstruct from carrying out any
mining operations under the
lease -
(a) a lessee; or
(b) a person who has a
contract of services, or a
contract for services, with
a lessee; or
(c) a person who is
authorised, by a lessee or
a person referred to in
paragraph (b), to carry out
any mining operations
under the lease.
Penalty: Fine not exceeding 100
penalty units.
89. Section 87 substituted
Section 87 of the Principal Act is repealed and
the following sections are substituted:
139
Mineral Resources Development Amendment Act 2013
Act No. of
s. 89
87. Returns
(1) A licensee is to submit to the Director,
within 28 days after the end of a quarter,
a return (a quarterly return) in relation to
the quarter.
(2) A quarterly return is to be in the
approved form, if any, and is to be
accompanied by a statutory declaration
as to its accuracy.
(3) A quarterly return in relation to a lease is
to -
(a) specify the nature, quantity and
value of the minerals obtained,
under the lease, during the quarter
to which the return relates; and
(b) specify the average number of
persons employed in relation to
the lease during the quarter; and
(c) contain any other statistical
information relating to the lease
that is specified in the form, or by
the Director by notice in writing
to the lessee, as being required to
be contained in the return.
(4) The Director, by notice to a lessee, may
require the lessee to submit to the
Director, by the date or dates specified in
the notice, the information specified in
the notice as required to be submitted by
the lessee.
140
Mineral Resources Development Amendment Act 2013
Act No. of
s. 89
(5) The information specified in an approved
form, or a notice under this section, as
required to be submitted by the lessee
may include an audited report.
(6) A lessee is to submit to the Director, by
the date or dates specified in the notice to
the lessee under subsection (4), the
information specified in the notice as
required to be submitted by the lessee.
(7) The information submitted to the
Director under subsection (6) is to be
accompanied by a statutory declaration
as to its accuracy.
87A. Annual report
(1) The Director, by notice served on a
lessee, may require the lessee to submit
to the Director, by the relevant date after
each 12-month period ending on the
anniversary of the day on which the lease
is granted, a report (an annual report) in
relation to that 12-month period.
(2) If a notice is served on a lessee under
subsection (1) the lessee, by the relevant
date after each 12-month period ending
on the anniversary of the day on which
the lease is granted, is to submit an
annual report to the Director in relation
to that 12-month period.
(3) The relevant date in relation to a 12-
month period is -
141
Mineral Resources Development Amendment Act 2013
Act No. of
s. 89
(a) 30 days after the end of the
period; or
(b) a date specified, by the Director
in the notice to the lessee under
subsection (1), as the relevant
date for the purposes of this
section.
(4) The annual report is to -
(a) be in accordance with the
approved form and accompanied
by a statutory declaration as to its
accuracy; and
(b) specify the amount of money
expended in respect of any
exploration or mining carried out
during the year to which it
relates; and
(c) contain a summary of the matters
specified in section 188(2); and
(d) give details of any mining
operations to be carried out in the
next calendar year under the
mining plan; and
(e) contain any other matter relating
to the lease that is specified in the
annual report guidelines, or by
the Director by notice in writing
to the lessee, as being required to
be contained in the report.
142
Mineral Resources Development Amendment Act 2013
Act No. of
s. 90
90. Section 89 amended (Sublease)
Section 89(2) of the Principal Act is amended by
inserting "for approval to sublease a lease or part
of a lease" after "application".
91. Section 90 amended (Recommendation of
application for sublease)
Section 90 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "a
sublease" and substituting "approval to
sublease a lease or part of a lease";
(b) by omitting from subsection (2) "for a
sublease if satisfied that the person to
whom a lease is to be subleased" and
substituting "for approval to sublease a
lease or a part of a lease if the Minister is
satisfied that the person to whom the
lease or part is to be subleased".
92. Section 91 amended (Approval of sublease)
Section 91 of the Principal Act is amended as
follows:
(a) by omitting subsection (3) and
substituting the following subsection:
(3) A sublease -
(a) is of no effect until the
Minister has approved
143
Mineral Resources Development Amendment Act 2013
Act No. of
s. 93
under subsection (1) an
application in relation to
the sublease; and
(b) takes effect, if the
Minister has approved
under subsection (1) an
application in relation to
the sublease, on the date
on which the Minister
notifies the lessee of the
approval.
(b) by inserting in subsection (4) "to which
an approval under subsection (1) relates"
after "a sublease".
93. Section 93 amended (Application for transfer of
mining lease)
Section 93 of the Principal Act is amended as
follows:
(a) by omitting subsection (4) and
substituting the following subsection:
(4) The Registrar, by notice in
writing, is to notify of an
application lodged under this
section in relation to a licence any
person who has lodged a caveat
under Part 10 in relation to the
licence.
(b) by omitting from subsection (5) "so as to
be received 14 days before the approval
144
Mineral Resources Development Amendment Act 2013
Act No. of
s. 94
takes effect" and substituting "within 14
days after the application is received";
(c) by omitting subsection (6) and
substituting the following subsection:
(6) A person who has lodged a caveat
under Part 10 in relation to a
lease may, within 14 days after
receipt of a notice under
subsection (5) in relation to the
lease, object to the Mining
Tribunal against an application
for approval to transfer the lease.
94. Section 94 amended (Recommendation of
application for transfer)
Section 94(2) of the Principal Act is amended by
omitting "applicant" and substituting "person to
whom the applicant proposes to transfer the
lease".
95. Section 95 amended (Approval of transfer of mining
lease)
Section 95 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a) "with
or without conditions";
(b) by inserting the following paragraph after
paragraph (a) in subsection (1):
145
Mineral Resources Development Amendment Act 2013
Act No. of
s. 96
(ab) refuse to approve the application
until conditions specified by the
Minister are satisfied; or
(c) by inserting the following paragraph after
paragraph (a) in subsection (2):
(ab) the conditions, if any, that must
be satisfied before the Minister
will approve the transfer; or
96. Section 100 amended (Surrender of mining lease)
Section 100 of the Principal Act is amended by
inserting after subsection (4) the following
subsections:
(5) If the Director approves an application
on conditions, the Director, by notice in
writing, is to notify the applicant when
the Director is satisfied that all the
conditions have been fulfilled.
(6) If the Director approves an application,
the lease, or the part of the lease, to
which the application relates -
(a) is, if the application is approved
without conditions, surrendered
on the date on which the Director
approves the application; or
(b) is, if the application is approved
with conditions, surrendered on
the date on which the Director
gives to the applicant notice
146
Mineral Resources Development Amendment Act 2013
Act No. of
s. 97
under subsection (5) that the
Director is satisfied that all the
conditions have been fulfilled.
97. Section 101 amended (Rent)
Section 101(4) of the Principal Act is amended
by inserting ", or, if a day is prescribed for the
purposes of this subsection, by that day," after
"year".
98. Section 102 amended (Royalty)
Section 102 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1A) "other
than a geothermal production licence"
after "licence";
(b) by inserting the following subsection
after subsection (1C):
(1D) The holder of a geothermal
production licence must pay a
royalty at a prescribed rate in
respect of geothermal energy
produced under the licence.
(c) by omitting paragraph (a) from
subsection (2) and substituting the
following paragraph:
(a) in the case of -
147
Mineral Resources Development Amendment Act 2013
Act No. of
s. 98
(i) a lease or licence other
than a geothermal
production licence, from
the date on which any
mineral recovered under
the lease or licence is
sold; and
(ii) a geothermal production
licence, from the date on
which geothermal energy
is produced under the
licence; and
(d) by inserting in subsection (3)(a)
"recovered, or, in the case of a
geothermal substance, produced from the
substance" after "mineral";
(e) by inserting in subsection (5)(a) ", or any
geothermal energy produced from a
geothermal substance situated on," after
"from";
(f) by inserting in subsection (6)(a) "sold, or
of geothermal energy produced from a
geothermal substance," after "minerals";
(g) by inserting in subsection (6)(b) "sold, or
of geothermal energy produced from a
geothermal substance," after "minerals";
(h) by inserting in subsection (7) ", or in
respect of any geothermal energy
produced from a geothermal substance
under," after "under";
148
Mineral Resources Development Amendment Act 2013
Act No. of
s. 99
(i) by inserting in subsection (7)(a) ", or the
geothermal substance from which
geothermal energy is produced," after
"recovered";
(j) by inserting in subsection (7)(b)
"recovered, or the geothermal energy
produced from a geothermal substance,"
after "mineral".
99. Sections 102AA and 102AB inserted
After section 102 of the Principal Act, the
following sections are inserted in Division 5:
102AA. Agreement to deferral of royalty
(1) A person may apply to the Treasurer for
a deferral of the obligation to pay an
amount of royalty that the person would
otherwise be liable, or become liable, to
pay under this Act to the Crown.
(2) The Treasurer, after consulting with the
Minister in respect of an application
made by a person under subsection (1),
may -
(a) agree to defer the person's
obligation to pay an amount of
royalty that the person would
otherwise be liable, or become
liable, to pay under this Act; or
(b) refuse to agree to defer the
obligation.
149
Mineral Resources Development Amendment Act 2013
Act No. of
s. 99
(3) The Treasurer may only agree to defer a
person's obligation to pay an amount of
royalty under this Act if the relevant
criteria for deferral specified in an order
under subsection (4) have been satisfied.
(4) The Treasurer may, by order, specify the
criteria for deferral.
(5) The Treasurer may agree to defer an
obligation under subsection (2)
unconditionally or on conditions.
(6) The conditions on which the Treasurer
may agree to defer under subsection (2)
an obligation of a person to pay an
amount of royalty include, but are not
limited to including, any one or more of
the following conditions:
(a) a condition that the person enter
into a payment plan, whereby the
amount of the royalty is paid
back, in instalments, at intervals
specified in the plan;
(b) a condition that the person pay,
by a date, or dates, specified in
the condition, interest, calculated
in accordance with the rate
specified in the condition, on the
amount of royalty;
(c) a condition that the person pay
the amount of the royalty by a
date specified in the agreement.
150
Mineral Resources Development Amendment Act 2013
Act No. of
s. 99
(7) An agreement under subsection (2) is to
specify -
(a) the lease or licence to which the
agreement relates; and
(b) the royalties to which the
agreement relates or is to relate;
and
(c) the period for which the
agreement is in force; and
(d) any conditions on which the
agreement is given.
(8) Subject to section 102AB(3), an
agreement under subsection (2) remains
in force for the period specified in the
agreement.
102AB. Effect of, and revocation of, agreement to
defer royalty, &c.
(1) If the Treasurer agrees under
section 102AA(2) to defer an obligation
of a person to pay an amount of royalty
under this Act, then, despite section 102,
the person is not liable to pay, except in
accordance with the conditions of the
agreement, the amount of royalty, until -
(a) the end of the period for which
the agreement is in force; or
(b) the date specified in a condition
of the agreement as the date on
151
Mineral Resources Development Amendment Act 2013
Act No. of
s. 100
which the amount of the royalty
is due; or
(c) the agreement is revoked under
subsection (3) -
whichever occurs first.
(2) If a person fails to comply with the
conditions on which an agreement to
defer his or her obligation to pay royalty
is given under section 102AA(2), the
Treasurer may issue a notice of demand
notifying the person of the failure and
asking the person to show cause within
14 days after the date on which the notice
is given to the person why the Treasurer
should not revoke the agreement.
(3) The Treasurer may, after 14 days after
the date on which a notice is given to a
person under subsection (2), revoke an
agreement under subsection (1).
100. Section 103 amended (Recovery and collection of
royalty)
Section 103(1) of the Principal Act is amended
as follows:
(a) by inserting in paragraph (a) "to which
the royalty relates" after "minerals";
(b) by inserting in paragraph (b) "to which
the royalty relates" after "mineral".
152
Mineral Resources Development Amendment Act 2013
Act No. of
s. 101
101. Section 106 amended (Lease for storage and other
purposes)
Section 106 of the Principal Act is amended by
omitting subsections (1) and (2) and substituting
the following subsection:
(1) A lessee or former lessee may, in an
approved form, apply to the Minister for
a lease in relation to land -
(a) to store any building, machinery,
mining product or other property
on the land; or
(b) to enable the land to be used to
enable the applicant to access
land to which a lease relates; or
(c) to enable work associated with
mining on other land to be carried
out; or
(d) to enable the rehabilitation of the
land, where the land has been
affected by mining operations on
the other land.
102. Part 5: Heading amended
Part 5 of the Principal Act is amended by
inserting in the heading to that Part ", GROUP
PROSPECTING LICENCES" after
"LICENCES".
153
Mineral Resources Development Amendment Act 2013
Act No. of
s. 103
103. Part 5, Division 1: Heading amended
Division 1 of Part 5 of the Principal Act is
amended by inserting in the heading to that
Division "and group prospecting" after
"Prospecting".
104. Section 107 substituted
Section 107 of the Principal Act is repealed and
the following section is substituted:
107. Prospecting without licence prohibited
A person must not prospect unless -
(a) the person is the holder of a
prospecting licence; or
(b) the person is prospecting under
and in accordance with a group
prospecting licence; or
(c) the person is a child who is
supervised by the holder of a
prospecting licence or a group
prospecting licence.
Penalty: Fine not exceeding 100 penalty
units.
154
Mineral Resources Development Amendment Act 2013
Act No. of
s. 105
105. Section 108 amended (Application for prospecting
licence or group prospecting licence)
Section 108(1) of the Principal Act is amended
by inserting "or a group prospecting licence"
after "licence".
106. Section 110 amended (Conditions of prospecting
licence or group prospecting licence)
Section 110 of the Principal Act is amended by
inserting after subsection (2) the following
subsections:
(3) Without limiting the generality of
subsection (1), an application for a
prospecting licence is granted subject to
the condition that the holder of the
licence must supervise the activities of
any child who accompanies the holder
while fossicking by the holder or the
child occurs.
(4) Without limiting the generality of
subsection (1), an application for a group
prospecting licence is granted subject to
the conditions that the holder of the
licence must supervise the activities of
any person who accompanies the holder
while fossicking occurs on the tour by
the holder of the licence or persons on, or
conducting, the tour.
155
Mineral Resources Development Amendment Act 2013
Act No. of
s. 107
107. Section 111 amended (Prospecting licence and
group prospecting licence)
Section 111(1) of the Principal Act is amended
by omitting "and on payment of the prescribed
fee".
108. Section 112 amended (Authority of prospecting
licence and group prospecting licence)
Section 112 of the Principal Act is amended by
inserting before subsection (1) the following
subsection:
(1A) In this section, a reference to the holder
of a licence includes a reference to -
(a) a child who is supervised by the
holder of such a licence; and
(b) in the case of a group prospecting
licence, any person
accompanying a tour operated by
the holder of the licence.
109. Section 113 amended (Term of prospecting licence
and group prospecting licence)
Section 113 of the Principal Act is amended by
inserting "and specifies in the licence" after
"determines".
156
Mineral Resources Development Amendment Act 2013
Act No. of
s. 110
110. Section 115 amended (Reports and work program)
Section 115 of the Principal Act is amended by
omitting "prospecting" first occurring.
111. Section 116 substituted
Section 116 of the Principal Act is repealed and
the following section is substituted:
116. Fossicking areas
(1) The Minister, by order, may declare any
area to be a fossicking area if the
Minister is satisfied that -
(a) no mineral tenement exists in
respect of that area; or
(b) if a mineral tenement exists in
respect of that area, fossicking in
that area is not likely to interfere
to any substantial degree with
anything done, or likely to be
done, under that mineral
tenement.
(2) The Minister may, in an order under
subsection (1) declaring an area to be a
fossicking area, specify the conditions
subject to which a person may fossick in
the area.
(3) Any person may fossick in an area that is
declared by an order under subsection (1)
to be a fossicking area.
157
Mineral Resources Development Amendment Act 2013
Act No. of
s. 112
(4) A person fossicking in an area declared
by an order under subsection (1) to be a
fossicking area must not, while in that
area, contravene the conditions specified
in the order.
Penalty: 100 penalty units.
112. Section 117 amended (Notification by licensee of
drill core and cutting recovered)
Section 117(1) of the Principal Act is amended
by inserting ", special exploration licence,
production licence" after "exploration licence".
113. Section 119 amended (Deposit by licensee of drill
core or cutting)
Section 119 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1)(b) "a
special exploration licence, a production
licence," after "licence,";
(b) by inserting in subsection (2) ", in an
approved container or approved
packaging," after "deposit".
114. Section 121 amended (Disposal and deposit by
lessee)
Section 121(2) of the Principal Act is amended
by inserting ", in an approved container or
approved packaging," after "deposit".
158
Mineral Resources Development Amendment Act 2013
Act No. of
s. 115
115. Section 128 amended (Jurisdiction of Mining
Tribunal)
Section 128 of the Principal Act is amended as
follows:
(a) by inserting in paragraph (q) "or a group
prospecting licence" after "prospecting
licence";
(b) by inserting the following paragraph after
paragraph (u):
(ua) any dispute as to the amount of
royalty payable under this Act;
116. Section 149 amended (Compensation for revocation
due to public purpose)
Section 149(1) of the Principal Act is amended
by inserting "or a production licence that is
revoked under section 67Y(1)(b)" after "(b)".
117. Section 150 amended (Determination of
compensation)
Section 150(1) of the Principal Act is amended
by omitting "the amount of compensation
payable under this Part" and substituting "the
rate of compensation that is payable, or the
amount of compensation that is payable, under
this Part".
159
Mineral Resources Development Amendment Act 2013
Act No. of
s. 118
118. Sections 161E, 161F and 161G inserted
Before section 162 of the Principal Act, the
following sections are inserted in Division 1:
161E. Director to publish notice where licence
ceases to apply to land
(1) In this section -
Department means the department
responsible, in relation to the
administration of this Act, to the
Minister to whom the
administration of this Act is
assigned;
relevant licence means an exploration
licence, a special exploration
licence or a retention licence.
(2) As soon as practicable after a relevant
licence ceases to be in force, the Director
must ensure that a notice, specifying -
(a) that the licence has ceased to be
in force on a date specified in the
notice; and
(b) the area of land to which the
licence related; and
(c) that applications may be made
under this Act for a lease, or a
licence, in relation to a mineral,
or a category of minerals, to
which the licence related, on or
160
Mineral Resources Development Amendment Act 2013
Act No. of
s. 118
after the date specified for that
purpose in the notice -
is published on a website of the
Department, and remains on that website
until at least the expiry of the date
specified in accordance with
paragraph (c).
(3) The date specified for the purposes of
subsection (2)(c) in a notice in relation to
a relevant licence is to be a day that is at
least 2 months after the area of land to
which the notice relates is no longer
subject to the relevant licence.
161F. Authorisation to conduct geological
investigation
(1) An applicant for a licence, permit or
lease under the Crown Lands Act 1976 or
the Forestry Act 1920 may apply to the
Director for an authorisation to conduct a
geological investigation.
(2) The Director may, on the application of a
person under subsection (1) -
(a) issue to the person an
authorisation to conduct a
geological investigation; or
(b) refuse to issue such an
authorisation to the person.
(3) The Director may only issue an
authorisation if the Director is satisfied
161
Mineral Resources Development Amendment Act 2013
Act No. of
s. 118
that the authorisation is required to
enable the carrying out of works for the
purposes of collecting data to enable the
determination by the Minister of whether
all or part of the area of land has
significant prospectivity.
(4) An authorisation is issued subject to -
(a) the conditions specified in
subsection (5); and
(b) any other conditions that the
Director thinks fit and specifies
on the authorisation.
(5) It is a condition of an authorisation that -
(a) work is to be conducted under the
authorisation in accordance with
the Mineral Exploration Code of
Practice; and
(b) work is only to be conducted
under the authorisation if the
work is approved by the Director
under section 161G(3).
(6) The conditions that the Director may
specify on an authorisation include, but
are not limited to including, a condition
that the person must provide to the
Director a security deposit in the form
and the amount required by the Director.
(7) An authorisation issued to a person in
relation to an area of land specified in the
162
Mineral Resources Development Amendment Act 2013
Act No. of
s. 118
authorisation authorises the person, any
employees or agents of the person and
any other person authorised by the
person, to, in accordance with the
conditions of the authorisation -
(a) conduct on that land, in
accordance with the Mineral
Exploration Code of Practice,
works, specified in that code, that
are approved by the Director
under section 161G(3); and
(b) enter Crown land within that area
for the purposes of conducting
the works referred to in
paragraph (a).
(8) The holder of an authorisation must
ensure that the conditions of the
authorisation, and of any approval under
section 161G(3), are complied with by
the holder and a person acting under a
contract of service, or a contract for
services, with the holder of the
authorisation.
Penalty: Fine not exceeding 100 penalty
units.
161G. Works approval under authorisation to
conduct geological investigation
(1) In this section -
163
Mineral Resources Development Amendment Act 2013
Act No. of
s. 119
authorisation means an authorisation
issued under section 161F that is
in force.
(2) A person who holds an authorisation
may, on the approved form, apply to the
Director for approval to carry out works
under the authorisation.
(3) The Director may approve,
unconditionally or on conditions, an
application made under subsection (2).
(4) The Director may only approve works
under subsection (3) if -
(a) the works are of a kind specified
in the Mineral Exploration Code
of Practice; and
(b) the works are for the purposes of
collecting data to enable the
determination by the Minister of
whether all or part of the area of
land has significant prospectivity.
119. Sections 164A and 164B inserted
After section 164 of the Principal Act, the
following sections are inserted in Division 1:
164A. Areas of geological significance
(1) The Minister, by order, may declare any
area to be an area of geological
significance.
164
Mineral Resources Development Amendment Act 2013
Act No. of
s. 120
(2) A person must not fossick, prospect,
explore or carry out mining operations in
an area declared under subsection (1) to
be an area of geological significance -
(a) without the Director's written
approval; or
(b) otherwise than in accordance with
that approval.
Penalty: Fine not exceeding 50 penalty
units.
(3) The Director may give an approval
subject to any terms and conditions.
164B. Director may require seller of minerals from
construction activities to provide
information
(1) The Director may issue to a person who
sells minerals that have been obtained
from construction activities, or works
associated with construction activities, a
notice requiring the person to provide to
the Director, within the period specified
in the notice, information, specified in
the notice, in relation to the sale.
(2) A person to whom a notice is issued
under subsection (1) must comply with
the notice.
Penalty: 100 penalty units.
165
Mineral Resources Development Amendment Act 2013
Act No. of
s. 120
120. Section 183 amended (Lodgment)
Section 183(2)(d) of the Principal Act is
amended by omitting "within the State".
121. Section 184 amended (Notice of lodgment)
Section 184(1) of the Principal Act is amended
by omitting "inform" and substituting "give
notice to".
122. Section 185 amended (Duration of caveat)
Section 185(2) of the Principal Act is amended
by omitting paragraph (c) and substituting the
following paragraph:
(c) if an application is made -
(i) to transfer a licence or lease and
an appeal to the Mining Tribunal
is not on foot in relation to the
caveat, 14 days after the date on
which a notice under
section 32(4), section 45C(4),
section 62(4), section 67W(4) or
section 93(4) is received by the
person to whom it is sent; or
(ii) to transfer a licence or lease and
an appeal to the Mining Tribunal
is on foot in relation to the caveat,
on the date on which the Mining
Tribunal orders the removal of
the caveat, if at all.
166
Mineral Resources Development Amendment Act 2013
Act No. of
s. 123
123. Section 187 amended (Records kept by licensee)
Section 187 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "(other
than the holder of a production licence)"
after "licensee";
(b) by inserting in subsection (2) "(other
than the holder of a production licence)"
after "licensee";
(c) by inserting the following subsections
after subsection (2):
(3) The holder of a production
licence must keep up-to-date
records of any exploration and
production activities carried out
under the licence.
(4) The holder of a geothermal
production licence is to ensure
that the records contain the
following:
(a) the quantities of
geothermal energy
produced;
(b) the quantities of
geothermal energy
produced and sold;
167
Mineral Resources Development Amendment Act 2013
Act No. of
s. 123
(c) the sources of geothermal
energy that has been
produced;
(d) details of the disposal of
any waste created in
production activities;
(e) details of any
development in relation to
production activities;
(f) a breakdown of any
capital expenditure;
(g) the operational costs of
any exploration or
production activities
carried out;
(h) details of the workforce;
(i) details of exploration on
the licence area, if
required by the Director
to keep such records;
(j) details of geothermal
resources and geothermal
reservoirs.
(5) The holder of a petroleum
production licence is to ensure
that the records contain the
following:
168
Mineral Resources Development Amendment Act 2013
Act No. of
s. 124
(a) the quantities of
petroleum sold or held in
stock;
(b) the quantities of
petroleum produced;
(c) the sources of petroleum
produced and details of
any waste disposed of;
(d) details of any
development in relation to
production activities;
(e) a breakdown of any
capital expenditure;
(f) the operational costs of
any exploration or
production activities
carried out;
(g) details of the workforce;
(h) details of exploration on
the licence area, if
required by the Director
to keep such records;
(i) details of petroleum
resources, as determined
in accordance with
approved standards, and
petroleum reservoirs.
169
Mineral Resources Development Amendment Act 2013
Act No. of
s. 124
124. Section 188 amended (Records kept by lessee)
Section 188(2)(j) of the Principal Act is
amended by omitting "Australian Institute of
Mining and Metallurgy" and substituting
"Australian Joint Ore Reserves Committee or
another body that the Minister has nominated by
notice in writing to the lessee".
125. Section 188A inserted
After section 188 of the Principal Act, the
following section is inserted in Division 4:
188A. Accurate plans of mines to be made and kept
(1) A lessee must ensure that accurate plans
of any mine that is established or used
under the lease are prepared and kept by
the lessee.
(2) A lessee must ensure that an accurate
plan of any additional working of, or
extension to, a mine that is established,
or used, under the lease is prepared and
kept by the lessee.
(3) If an underground mine has been
established or used under a lease, the
lessee must ensure that an accurate plan
of the mine, and any additional working
of, or extension to, the mine, is made
before the mine is abandoned, filled or
allowed to fall into disrepair.
170
Mineral Resources Development Amendment Act 2013
Act No. of
s. 126
(4) The plan of a mine, and of any additional
working of, or extension to, a mine, is to
be drawn up in accordance with a survey
carried out by a qualified surveyor.
(5) A lessee must ensure that the original, or
a copy, of a plan required to be made
under this section is provided to the
Director within 6 months after the plan is
made or this section commences,
whichever occurs last.
(6) If the Director is of the opinion that a
plan required to be made under this
section has not been made or kept, or has
not been accurately made, the Director
may -
(a) cause a survey to be made of all
or any part of the mine and
accurate plans of the mine, based
on that survey, to be drawn up;
and
(b) charge the lessee the reasonable
costs incurred in having the
survey made and the plans drawn
up.
126. Section 189 amended (Copies of records and plans)
Section 189 of the Principal Act is amended as
follows:
(a) by inserting in paragraph (a) ", plans, or
information," after "records";
171
Mineral Resources Development Amendment Act 2013
Act No. of
s. 127
(b) by inserting in paragraph (a) ", and in the
manner and form," after "when";
(c) by inserting in paragraph (b) ", plans, or
information, kept under this Part" after
"record".
127. Section 190 amended (Confidentiality of records)
Section 190 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) ", returns
or information" after "Any records";
(b) by omitting from subsection (1) "under
this Part" and substituting "under this
Act";
(c) by omitting from subsection (1)(a)
"records" first occurring and substituting
"records, returns or information";
(d) by inserting in subsection (1)(a) "or
special exploration licence," after
"exploration licence";
(e) by omitting from subsection (1)(a)(i)
"records" and substituting "records,
returns or information";
(f) by omitting from subsection (1)(b)
"records" and substituting "records,
returns or information";
172
Mineral Resources Development Amendment Act 2013
Act No. of
s. 127
(g) by omitting from subsection (1)(c)
"records" and substituting "records,
returns or information";
(h) by inserting in subsection (1)(c) "or
production licence" after "a lease";
(i) by inserting in subsection (1)(c) "or
licence" after "the lease";
(j) by omitting from subsection (2)
"Records" and substituting "Records,
returns or information";
(k) by omitting from subsection (2)(b)
"records" and substituting "records,
returns or information";
(l) by omitting from subsection (3)
"records" and substituting "records,
returns or information";
(m) by inserting the following subsection
after subsection (3):
(3A) Despite subsection (1), the
Minister may provide records,
returns, or information, in relation
to the amount of minerals
obtained under a licence or lease,
to -
(a) the Director, within the
meaning of the
Environmental
Management and
Pollution Control Act
173
Mineral Resources Development Amendment Act 2013
Act No. of
s. 128
1994, for use by the
Director in the
performance or exercise
of the Director's functions
or powers under any Act;
or
(b) an officer of the
Commonwealth for use in
the performance or
exercise of functions or
powers of the officer
under any Act of the
Commonwealth.
(n) by inserting in subsection (4) "(apart
from subsection (3A))" after "section";
(o) by omitting from subsection (4)
"records" and substituting "records,
returns or information";
(p) by omitting from subsection (5)
"records" and substituting "records,
returns or information".
128. Section 191 amended (Publication of records,
returns and information)
Section 191 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"records" and substituting "records,
returns or information";
174
Mineral Resources Development Amendment Act 2013
Act No. of
s. 129
(b) by omitting from subsection (2)
"records" twice occurring and
substituting "records, returns or
information".
129. Section 196 amended (Use of security deposit)
Section 196(1) of the Principal Act is amended
as follows:
(a) by inserting the following paragraphs
after paragraph (a):
(ab) to provide for the costs of
depositing with the Director any
drill core or cutting that has not
been deposited with the Director
as required by or under this Act;
(ac) to make safe any safety hazard
caused by mining operations or
exploration under a licence or
lease held by the licensee or
lessee;
(b) by inserting in paragraph (b) "under a
licence or lease held by the licensee or
lessee" after "exploration".
130. Section 199A inserted
After section 199 of the Principal Act, the
following section is inserted in Division 7:
175
Mineral Resources Development Amendment Act 2013
Act No. of
s. 131
199A. Director may require purchaser to provide
information
(1) In this section -
mining product means a mineral in the
form in which it is obtained under
a licence or lease or in a form
produced by the holder of the
licence or lease or a person acting
on behalf of the holder of the
licence or lease.
(2) The Director may, by notice in writing to
a person who purchases, from the holder
of a licence or lease, a mining product
specified in the notice, require the person
to submit to the Director a return
specifying the nature, quantity, value and
source of that mining product.
(3) A return submitted to the Director under
subsection (2) is to be accompanied by a
statutory declaration as to its accuracy.
(4) A person must not fail to comply with a
requirement imposed on the person under
subsection (2).
Penalty: 100 penalty units.
131. Section 204A inserted
After section 204 of the Principal Act, the
following section is inserted in Division 7:
176
Mineral Resources Development Amendment Act 2013
Act No. of
s. 132
204A. Annual report guidelines
(1) The Minister may issue guidelines for the
preparation of annual reports under this
Act by licensees or lessees.
(2) The guidelines may specify -
(a) the form in which annual reports
under this Act are to be prepared;
and
(b) the matters that annual reports
under this Act are to contain.
132. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
Government Printer, Tasmania 177