- Act 116 of 1995 - Royal Assent 8 December 1995 TABLE OF PROVISIONS Long Title PART 1 - Preliminary 1. Short title 2. Commencement 3. Interpretation 3A. Meaning of obtaining minerals, and produced, in relation to geothermal energy 3B. Meaning of production and of production activities 4. Act binds Crown 5. Application of Act 6. Ownership of minerals and substances 7. Non-application of Act to certain minerals 8. Director, Registrar and inspectors 9. Powers of inspectors 10. Obstructing inspectors PART 2 - Exploration Licences Division 1 - Applications 11. Application for exploration licence 12. Priority of applications 13. Pending application 14. Recommendation of application for exploration licence 15. Objection to exploration licence 15A. Alteration of application, &c., before notice published 16. Alteration of application after objection 17. Granting application for exploration licence 17A. When application for licence may be granted or refused 18. Conditions of exploration licence 19. Restriction on exploration in relation to private land Division 2 - Exploration licences 20. Exploration licence 21. Area of land comprised in exploration licence 22. Exploration licence for small areas 23. Authority of exploration licence 24. Term of exploration licence 25. Extension of term of licence 26. Minimum expenditure 27. Exemption from conditions of exploration licence 28. Annual report 28AA. Final report 28A. Returns 29. Duties under exploration licence 30. Exploration without licence Division 3 - Dealings with licences 31. Variation of exploration licence 32. Application for transfer of exploration licence 33. Approval of transfer of exploration licence 34. Revocation of exploration licence 35. Surrender of exploration licence 36. Application to consolidate exploration licences 37. Term of consolidated exploration licence PART 2A - Special Exploration Licences Division 1 - Applications 38. Application for special exploration licence 38A. Priority of applications 38B. Pending application 39. Recommendation of application for special exploration licence 40. Objection to special exploration licence 40A. Alteration of application, &c., before notice published 40B. Alteration of application after objection 41. Granting application for special exploration licence 41A. When Minister may grant application 42. Conditions of special exploration licence 42A. Restriction on exploration on private land Division 2 - Special exploration licences 42B. Special exploration licence 43. Authority of special exploration licence 43A. Duties under special exploration licence 43B. Annual report 43BA. Final report 43C. Returns 44. Term of special exploration licence 44A. Extension of term of licence 45. Area of land comprised in special exploration licence 45A. Exploration without licence Division 3 - Dealings with special exploration licences 45B. Variation of special exploration licence 45C. Application for transfer of special exploration licence 45D. Approval of transfer of special exploration licence 46. Revocation of special exploration licence 46A. Surrender of special exploration licence PART 3 - Retention Licences Division 1 - Applications 47. Application for retention licence 48. Holder of exploration licence or lease may permit other person to apply for retention licence 49. Transfer of application 49A. Pending application 50. Recommendation of application for retention licence 51. Objection to retention licence 52. Alteration of application after objection 53. Granting application for retention licence 54. Restriction on exploration on private land 55. Conditions of retention licence Division 2 - Retention licences 56. Retention licence 57. Area of land comprised in retention licence 58. Authority of retention licence 59. Term of retention licence 60. Exemption from conditions of retention licence 60A. Annual report 60AAB. Final report 60AB. Returns 60B. Duties under retention licence 60C. Exploration without licence Division 3 - Dealings with licences 61. Variation of retention licence 62. Application for transfer of retention licence 63. Approval of transfer of retention licence 64. Extension of term of retention licence 65. Term of extended licence 66. Revocation of retention licence 67. Surrender of retention licence PART 3A - Production Licences Division 1 - Applications 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 67RA. Final 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 PART 4 - Mining Leases Division 1 - Applications, marking out and objections 68. Notice to apply for mining lease 69. Mining without lease prohibited 70. Applications for mining lease 71. Exclusive right to mining lease 72. Marking out 73. Pending applications for leases 74. Priority of applications for leases 74A. Alteration of application, &c., before notice given 75. Recommendation of application for mining lease 76. Objections to mining lease 77. Amendment of applications after objections 78. Granting application for mining lease 78A. When Minister may grant application 79. Mining lease over private land 80. Conditions of mining lease Division 2 - Mining leases 81. Mining lease 82. Consolidated mining lease 83. Area of land comprised in mining lease 84. Authority of mining lease 85. Term of mining lease 86. Exemption from conditions of mining lease 87. Returns 87A. Annual report 87B. Final report 88. Duties under mining lease Division 3 - Subleases 89. Sublease 90. Recommendation of application for sublease 91. Approval of sublease 92. Term of sublease Division 4 - Dealings with leases 93. Application for transfer of mining lease 94. Recommendation of application for transfer 95. Approval of transfer of mining lease 96. Application for renewal of mining lease 97. Granting of application for renewal 98. Term of renewed lease 99. Revocation of mining lease 100. Surrender of mining lease Division 5 - Rent and royalty 101. Rent 102. Royalty 102AA. Agreement to deferral of royalty 102AB. Effect of, and revocation of, agreement to defer royalty, &c. 102A. Royalty rebate 103. Recovery and collection of royalty Division 6 - Miscellaneous matters 104. Termination of interest in mining lease 105. Removal of building, machinery and property 106. Lease for storage and other purposes PART 5 - Prospecting Licences, Group Prospecting Licences and Fossicking Areas Division 1 - Prospecting and group prospecting licences 107. Prospecting without licence prohibited 108. Application for prospecting licence or group prospecting licence 109. Granting application for prospecting licence or group prospecting licence 110. Conditions of prospecting licence or group prospecting licence 111. Prospecting licence and group prospecting licence 112. Authority of prospecting licence and group prospecting licence 113. Term of prospecting licence and group prospecting licence 114. Revocation of prospecting licence and group prospecting licence 115. Reports and work program Division 2 - Fossicking areas 116. Fossicking areas PART 6 - Drill Core and Cutting Division 1 - Exploration and retention licences 117. Notification by licensee of drill core and cutting recovered 118. Disposal by licensee 119. Deposit by licensee of drill core or cutting Division 2 - Mining leases 120. Notification by lessee of drill core and cutting recovered 121. Disposal and deposit by lessee 122. Deposit by lessee of drill core or cutting Division 3 - Miscellaneous matters 123. Labelling, storing and preserving of drill core or cutting 124. Inspection of drill core and cutting 125. Library of drill core and cuttings 126. Examination of drill core or cutting PART 7 - Claims and Appeals Division 1 - Jurisdiction and proceedings 127. Mining Tribunal 128. Jurisdiction of Mining Tribunal 129. Claims 130. Claim resolution 131. Hearings and proceedings 132. Witnesses 133. Orders of Mining Tribunal 134. Ejection or seizure 135. Costs 136. Register of claims and decisions 137. Questions of law 138. Transfer of proceedings into Supreme Court 139. Transfer of proceedings to Mining Tribunal Division 2 - Appeals 140. Appeals 141. Hearing of appeal 142. Withdrawal and dismissal of appeal 143. Exceptions to rights of appeal PART 8 - Compensation Division 1 - Private land 144. Compensation for compensable loss 145. Compensation agreement for compensable loss 146. Claim for compensation for licences Division 2 - Crown land 147. Compensation for damage to improvements 148. Compensation agreement for damage to improvement Division 3 - Public purpose 149. Compensation for revocation due to public purpose Division 4 - General provisions 150. Determination of compensation 151. Disputes as to compensation payable PART 9 - Geoscientific Investigation and Research Division 1 - Powers relating to investigation and research 152. Contracts for investigation and research 153. Geoscientific investigation and research 154. Purchase of plant and equipment 155. Surveys 156. Research 157. Drilling operations 158. Appointment of employees Division 2 - Financial provisions 159. Geoscientific Investigation and Research Trust Fund 160. Application of Geoscientific Trust Fund 161. Financial assistance PART 9A - Landslip Areas 161A. Interpretation 161B. Declaration of landslip areas 161C. Registration of landslip area order 161D. Revocation or amendment of landslip area order PART 10 - Miscellaneous Division 1 - Matters relating to licences, leases and mining 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 162. Priority between applications for leases and licences 162A. Licences not personal property for purposes of Personal Property Securities Act 2009 of the Commonwealth 163. Fossil sites 164. Speleothems 164A. Areas of geological significance 164B. Director may require seller of minerals from construction activities to provide information 165. Aerial geophysical surveys 166. Encroachment on adjoining land 167. Encroachment of water 168. Use of surface water 169. Construction of roads 170. Installation of buildings and facilities 171. Entry on land 172. Acquisition and sale of land 173. Seizure of minerals taken from Crown land 174. Removal of persons 175. Interest in mineral tenement 176. Legal or equitable interest 177. Lost licence or lease 178. Invalidated licence or lease 179. Leases and licences in respect of Aboriginal land Division 2 - Rehabilitation of abandoned mining lands 180. Contracts for rehabilitation of mining lands 181. Rehabilitation of Mining Lands Trust Fund 182. Application of Rehabilitation Trust Fund Division 3 - Caveats 183. Lodgment 184. Notice of lodgment 185. Duration of caveat 186. Caveats under agreement Division 4 - Records and confidentiality 187. Records kept by licensee 188. Records kept by lessee 188A. Accurate plans of mines to be made and kept 189. Copies of records and plans 190. Confidentiality of records 191. Publication of records, returns and information Division 5 - Register 192. Mining register 193. Correction of register 194. Inspection of register Division 6 - Fees and deposits 195. Refund of application fee 196. Use of security deposit 196A. Variation of security deposit 197. Refund of security deposit 198. Forfeiture of security deposit Division 7 - Miscellaneous matters 199. Evidence 199A. Director may require purchaser to provide information 200. Atomic substance 201. Delegations 202. False and misleading statements 203. Orders to be Statutory Rules 204. Code of practice 204A. Reporting guidelines 205. Regulations 206. Repeal 207. Savings and transitional provisions 208. Administration of Act SCHEDULE 1 SCHEDULE 2[ Note: This table has been automatically generated and may be incomplete. ]