Division 1 Mineral claims districts
173 Constitution of mineral claims districts
(1) The Governor may, by order published in the Gazette, constitute any land as a mineral claims district and may, by the same or a subsequent order so published, name the district and fix its boundaries.Editorial note. For orders under this subsection see Gazette No 101 of 20.8.1992, pp 5948, 5949.(2) Such an order:(a) may not be made except on the recommendation of the Minister, and(b) may not be made over land within a reserve if an order under section 367 directs that mineral claims are not to be granted over land in the reserve, and(c) may not be made over land within an exempted area except in accordance with the consent of the controlling body for that area.
(1) The Director-General may, by order published in the Gazette, prohibit, either indefinitely or until a specified date, the lodging of applications for mineral claims over specified land in a mineral claims district.(2) The Director-General may, by order published in the Gazette, constitute any land in a mineral claims district as a preserved mining field and may, by the same or a subsequent order so published, name the preserved mining field and fix its boundaries.(3) An order under this section may not be made with respect to land that is within an area for which a board of management is constituted under section 359 unless the Director-General:(a) has notified the board of the proposed order, and(b) has taken into consideration any submission made by the board in relation to the proposed order.
174 Notice of proposal to constitute mineral claims district
(1) The Minister must cause notice of any proposed recommendation to constitute a mineral claims district to be served on:(a) each Government agency that, in the opinion of the Minister, would be materially affected by the recommendation, and(b) each council within whose area is situated the land to which the proposed recommendation relates.(2) Such a notice:(a) must identify the proposed boundaries of the mineral claims district, and(b) must specify proposed conditions for inclusion in the order to be made under section 175 with respect to the mineral claims district.
(1) The Minister may, by order published in the Gazette, specify the conditions that are to apply to mineral claims granted over land within any specified mineral claims district.Editorial note. For orders under this subsection see Gazettes No 101 of 20.8.1992, pp 5950, 5954; No 56 of 8.4.1994, p 1556; No 97 of 23.8.1996, p 4889; No 28 of 21.3.1997, p 1601; No 67 of 28.3.2002, p 2065; No 59 of 7.3.2003, p 4038; No 87 of 21.5.2004, p 3116; No 58 of 3.4.2009, p 1588 and No 207 of 18.12.2009, p 6149.(2) Without limiting the generality of subsection (1), the conditions that may be specified in an order under this section include conditions as to the following matters:(a) the shape and size of mineral claims that may be granted,(b) the minerals in respect of which mineral claims may be granted,(c) the maximum number of mineral claims that may be held by any one person,(d) the nature and extent of prospecting and mining operations that may be carried out in respect of mineral claims,(e) the period for which a mineral claim is to have effect,(f) (Repealed)(g) the compensation payable in respect of the carrying out of prospecting and mining operations,(h) the royalties payable in respect of minerals recovered under mineral claims,(h1) (Repealed)(i) the depth below the surface of the land to which prospecting or mining operations may be carried out,(j) the obligations of the holders of mineral claims as to the rehabilitation of land on which prospecting or mining operations have been carried out.(2A) The conditions may vary by reference to specified matters including, in particular, by reference to whether or not the proposed claim area is within a preserved mining field.(3) The Minister must have regard to, but (except as provided by subsection (4)) is not bound by, any representations made by a person or body to whom notice has been given under section 174.(4) To the extent to which an order under this section applies to land within an exempted area, the order must include any conditions required by the controlling body for that area to be included in the order.(5) This section does not authorise the making of conditions that permit a mineral claim to be granted over land having an area of more than 2 hectares or that permit a mineral claim to have a term of more than 5 years.(6) A condition limiting the maximum number of mineral claims that may be held by any one person does not prevent a person from becoming the holder of further mineral claims that devolve on the person by operation of law.
175A Unlawful entry to site of mineral claim
(1) Any person who, while in a mineral claims district, is found in or on any land the subject of a mineral claim held by some other person is guilty of an offence.Maximum penalty:
(a) except as provided by paragraph (b), 50 penalty units or imprisonment for 6 months, or both, or(b) if, when found on the land, the person is in possession of tools or equipment of a kind generally used for the purposes of prospecting or mining, 100 penalty units or imprisonment for 2 years, or both.(2) It is a sufficient defence to a prosecution under this section if the defendant establishes that he or she had a reasonable excuse for being in or on the land concerned.
175B Court may make exclusion order against convicted persons
(1) This section applies to:(a) an offence referred to in section 12B, 12C or 12D, or(b) an offence referred to in section 175A in connection with which the accused was found in possession of tools or equipment of a kind generally used for the purposes of prospecting or mining,being an offence occurring within a mineral claims district.(2) A court that convicts a person of an offence to which this section applies may make an order (an exclusion order) prohibiting the person from entering the whole or any part of the mineral claims district concerned, or any other mineral claims district, for such period (not exceeding 2 years) as may be specified in the order.(3) An exclusion order may be made:(a) at any time within 6 months after the person’s conviction, and(b) whether or not the person has a legal or equitable interest in, or is the holder of an authority, mineral claim or opal prospecting licence over, any of the land to which the order relates.(4) Before making an exclusion order against a person, a court:(a) must cause written notice of the fact that it proposes to make such an order, and of the terms of the proposed order, to be served on the person, and(b) must give the person a reasonable opportunity to make representations to the court with respect to the proposed order, and(c) must take any such representations into consideration.(5) An exclusion order takes effect:(a) if the person to whom it relates is present in court when it is made, at the time it is made, or(b) in any other case, when it is served on the person to whom it relates.(6) A copy of an exclusion order must be sent to the Commissioner of Police as soon as practicable after the order is made.
175C Appeals against, and suspensions and annulments of, exclusion orders
(1) An appeal against an exclusion order made by the Local Court may be made to the Land and Environment Court under Part 4 of the Crimes (Appeal and Review) Act 2001 as if that order were a sentence arising from a court attendance notice dealt with under Part 2 of Chapter 4 of the Criminal Procedure Act 1986.(1A) The Crimes (Local Courts Appeal and Review) Act 2001 applies to an appeal arising under subsection (1) with such modifications as are made by or in accordance with the regulations under that Act.(2) For the purposes of the Criminal Appeal Act 1912, an exclusion order made by a court other than the Local Court is taken to be a sentence within the meaning of that Act.(3) If an appeal (or an application for leave to appeal) is made against the conviction from which an exclusion order arises, the operation of the exclusion order is suspended until the appeal or application is finally determined.(4) Unless the appeal court orders otherwise, the exclusion order is annulled if the conviction is quashed.(5) The appeal court may, by order, annul or vary the exclusion order even if the conviction is not quashed.(6) In this section, appeal court means the court to which an appeal (or an application for leave to appeal) is made as referred to in subsection (3).
175D Offence of contravening exclusion order
(1) A person must not knowingly contravene an exclusion order that is in force in respect of the person.Maximum penalty: 200 penalty units or imprisonment for 2 years, or both.
(2) It is a sufficient defence to a prosecution under this section if the defendant establishes that he or she had a reasonable excuse for contravening the order.
176 Marking out of proposed claim area
(1) Before applying for a mineral claim, a person must, in the manner prescribed by the regulations, mark out the area of land over which the person wishes the mineral claim to be granted.(2) The area marked out must comply with the regulations in relation to shape and size.
177 Notice of intention to apply for mineral claim
(1) A person may not apply for a mineral claim over any land until after the person has caused notice of the proposed application to be served on the landholder.(2) Such a notice must identify, in the manner prescribed by the regulations, the land to which the application relates.
178 Application for granting of mineral claim
(1) Any person may apply for a mineral claim.(2) An application:(a) must identify, in the manner prescribed by the regulations, the land to which it relates, and(b) must specify the mineral or minerals, or the mining purpose or mining purposes, in respect of which the mineral claim is sought, and(c) must be accompanied by the application fee prescribed by the regulations, and(d) must be accompanied by any information that is prescribed by the regulations, and(e) must be lodged with the Director-General, and(f) must be accompanied by a copy of the notice served on the landholder of the land concerned under section 177 and a statutory declaration to the effect that the notice was so served.(3) An application for a mineral claim may not be lodged with respect to land over which the lodging of such an application is prohibited by an order in force under section 173A (1).
179 Objection as to agricultural land
(1) A landholder who is entitled to use land for agricultural purposes and who is served with a notice under section 177 may object to the granting of a mineral claim over the land on the basis that the land is agricultural land.(2) Such an objection must be in writing and must be lodged with the Director-General within 28 days after the notice is served.(3) On receipt of an objection, the Director-General is to determine the objection in accordance with Schedule 2.
Division 3 Restrictions on the grant of mineral claims
(1) A mineral claim may not be granted over land having an area of more than 2 hectares.(2) A mineral claim may not be granted over land that is not situated within a mineral claims district.(3) (Repealed)(4) A mineral claim may not be granted in respect of coal.(5) (Repealed)
(1) A mineral claim may not be granted over land within an exempted area (other than land within a mineral claims district) except with the written consent of the controlling body of that area.(2) A written consent given under this section is irrevocable.
182 Opal prospecting blocks, reserves and mineral allocation areas
(1) A mineral claim may not be granted over any land within:(a) an opal prospecting block that is the subject of an opal prospecting licence held by a person other than the applicant for the mineral claim, or(b) a reserve in respect of which an order prohibiting the granting of mineral claims is in force under section 367.(c) (Repealed)(2) Except with the approval of the Minister, a mineral claim may not be granted over any land within a mineral allocation area that is constituted in respect of any mineral or minerals to which the application for the mineral claim relates.
(1) A mineral claim may not be granted over any land:(a) the subject of an exploration licence that includes any mineral or minerals in respect of which the claim is sought, or(b) the subject of an assessment lease, a mining lease or a mineral claim, or(c) the subject of an application for any of the following that was lodged before the application for the firstmentioned mineral claim:otherwise than to or with the written consent of the holder of, or the applicant for, that licence, lease or claim.(i) an exploration licence that includes a group of minerals in respect of which the mineral claim is sought,(ii) an assessment lease,(iii) a mining lease,(iv) a mineral claim.(2) A written consent given under this section is irrevocable.(3) If, as a result of such a consent, a mineral claim is granted in respect of land referred to in subsection (1), that land:(a) ceases to be subject to the exploration licence, assessment lease, mining lease or mineral claim referred to in that subsection, or(b) is excluded from the application for the exploration licence, assessment lease, mining lease or mineral claim so referred to,as the case requires, unless the Director-General makes a determination under subsection (4).(4) The Director-General may determine that subsection (3) does not apply with respect to the land or to a part of the land if the Director-General is satisfied that having the land or that part subject to both the claim and the other authorisation concerned is not likely to make the exercise of rights under the claim or the other authorisation impracticable.
184 Land subject to exploration licence
(1) If an application for a mineral claim is lodged in respect of land that is subject wholly or partly to one or more exploration licences (other than exploration licences that include any mineral or minerals in respect of which the claim is sought), the Director-General must cause notice of the application to be served on the holder of every such exploration licence.(2) A person served with such a notice may object to the granting of the mineral claim by lodging with the Director-General, on or before the date specified in the notice, a written notice stating the grounds of the objection.(3) Any such objection is to be taken into consideration by the Minister when determining the application.(4) This section does not apply to an application that is made with the written consent of the holder of every exploration licence over the land concerned.(5) A written consent given under this section is irrevocable.(6) If a mineral claim is granted over land that is subject to an exploration licence, that land ceases to be subject to the exploration licence when the mineral claim is granted.
A mineral claim may not be granted over land within a colliery holding unless the Chief Inspector appointed under the Coal Mine Health and Safety Act 2002 is satisfied that prospecting or mining operations may be carried out under the claim without any adverse effect on, and without any risk to the safety of the persons engaged in, the carrying out of coal mining operations in the claim area.
(1) A mineral claim may not be granted over any land that, as a consequence of an objection to the granting of the claim, has been determined to be agricultural land in accordance with Schedule 2.(2) This section does not prevent a mineral claim from being granted over land merely because an objection to the granting of the claim has been made on the basis that the land is agricultural land.
188 Dwelling-houses, gardens and significant improvements
(1) A mineral claim may not be granted over the surface of any land:(a) on which, or within the prescribed distance of which, is situated a dwelling-house that is the principal place of residence of the person occupying it or a woolshed or shearing shed which is in use as such, or(b) on which, or within the prescribed distance of which, is situated any garden, or(c) on which is situated any significant improvement other than an improvement constructed or used for mining purposes only,except with the written consent of the owner of the dwelling-house, woolshed, shearing shed, garden or improvement (and, in the case of the dwelling-house, the written consent of its occupant).(2) The prescribed distance is:(a) 200 metres (or, if a greater distance is prescribed by the regulations, the greater distance) for the purposes of subsection (1) (a), and(b) 50 metres (or, if a greater distance is prescribed by the regulations, the greater distance) for the purposes of subsection (1) (b).(2A) A mineral claim may not be granted over land:(a) which is within a preserved mining field, and(b) which is privately owned land (that is, land that is not Crown land) or is Crown land held under a lease for residential purposes under the Western Lands Act 1901, and(c) within which is situated a dwelling-house that is the principal place of residence of its occupier,except with the written consent of both the owner and the occupier of the dwelling-house.(2B) Subsection (1) does not apply to land referred to in subsection (2A).(3) A written consent given under this section is irrevocable.(4) Subsections (1) and (2A) do not apply in respect of a dwelling-house, woolshed, shearing shed, garden or significant improvement that was not in existence when the application for the mineral claim was lodged.(5) If a dispute arises as to whether or not subsection (1) or (2A) applies in a particular case, any party to the dispute may apply to the Land and Environment Court for a determination of the matter.(6) A mineral claim may not be granted over land below the surface of land referred to in subsection (1) except at such depths, and subject to such conditions, as the mining registrar considers sufficient to minimise damage to that surface.
189 Mineral claim not to be re-granted to former holder
(1) A person who has been the holder of a mineral claim that has been cancelled pursuant to an order of the Land and Environment Court may not be granted a further mineral claim over any part of the land over which the earlier mineral claim was held until the expiration of the period of 12 months following the making of the order.(2) This section is subject to any further order made by the Land and Environment Court.
Division 4 Granting of mineral claims
190 Power of Director-General in relation to applications
(1) After considering an application for a mineral claim, the Director-General:(a) may grant to the applicant a mineral claim over all or only part of the land over which a claim was sought, or(b) may refuse the application.(2) Without limiting the generality of subsection (1) or any other provision of this Act, an application may be refused on any one or more of the following grounds:(a) that the applicant (or, in the case of an applicant that is a corporation, a director of the corporation) has contravened this Act or the regulations (whether or not the person has been prosecuted or convicted of any offence arising from the contravention) or has been convicted of any other offence relating to mining or minerals,(b) that the Director-General reasonably considers that the applicant provided false or misleading information in or in connection with the application.(3) If an objection to the granting of the mineral claim on the basis that the land concerned is agricultural land has been lodged with the Director-General before the application is determined, the Director-General may defer consideration of the application until the objection has been determined.(4)–(4B) (Repealed)(5) If the Director-General refuses to grant a mineral claim, the Director-General is to cause notice of the decision, and of the reasons for the decision, to be served on the applicant.(6) If more than one application is made for a mineral claim over the same area of land, the applications are to be dealt with in the order in which they are lodged or, if they are lodged simultaneously, in such order as may be prescribed by the regulations.(7) (Repealed)
191 Land over which mineral claim may be granted
(1) A mineral claim may be granted in respect of any mineral or minerals, regardless of whether the mineral or minerals are publicly owned, privately owned or partly publicly and partly privately owned.(2) A mineral claim may be granted over the surface of land, over the surface of land and the subsoil below the surface, over the surface of land and the subsoil down to a specified depth below the surface or over the subsoil between or below any specified depth or depths below the surface of land.
192 Conditions of mineral claim
(1) A mineral claim is subject to:(a) any special conditions that apply to the land, and(b) the conditions imposed on the holder of the claim under section 211 as to his or her exercise of any right of way under that section in respect of the claim area, and(c) the conditions to which the holder of the claim is subject pursuant to any registered access management plan in force in respect of that land, and(d) any other conditions (not inconsistent with any other condition referred to in this subsection) that the Director-General imposes when the claim is granted, or at any other time under a power conferred by this Act.(2) Without limiting the generality of subsection (1), a condition may be imposed on a mineral claim requiring the holder of the claim to pay royalty to the Minister on any minerals recovered under the claim.(3) Part 14 applies to royalty payable under such a condition in the same way as it applies to royalty payable on a mineral recovered under a mining lease.
A mineral claim:(a) takes effect on the date on which it is granted or on such later date as the Director-General may determine, and(b) ceases to have effect at the expiration of such period (not exceeding 5 years or, in the case of a mineral claim over land that is situated within a mineral claims district, not exceeding such shorter period as the special conditions may specify) as the Director-General may determine.
194 Certificate of mineral claim
(1) On granting a mineral claim, the Director-General is to cause a certificate to be given to the holder of the claim of the fact that the claim has been granted.(2) A certificate is to be in the approved form and is to include the following particulars:(a) a description of the land over which the mineral claim is granted,(b) a list of the mineral or minerals, or the mining purpose or mining purposes, in respect of which the mineral claim is granted,(c) the conditions to which the mineral claim is subject,(d) the period for which the mineral claim is to have effect.
Division 5 Rights and duties under a mineral claim
195 Rights under mineral claim
(1) The holder of a mineral claim granted in respect of a mineral or minerals may, in accordance with the conditions of the claim, prospect for that mineral or those minerals and mine that mineral or those minerals.(1A) The holder of a mineral claim may, subject to the conditions of the claim, also do any of the following in connection with any prospecting or mining authorised by subsection (1):(a) erect any buildings and structures,(b) exercise any rights in the nature of easements,(c) remove from the claim area any timber, stone or gravel,(d) carry out any mining purpose.(1B) The holder of a mineral claim granted in respect of a mining purpose or mining purposes only may, in accordance with the conditions of the claim, carry out the mining purpose or mining purposes specified in the certificate relating to the claim.(2) (Repealed)
196 Claim areas over which authority is subsequently granted
Land over which a mineral claim is granted and over which an authority or further mineral claim is subsequently granted ceases to be part of the claim area when the authority or further claim takes effect.
Division 6 Renewal, transfer and cancellation of mineral claims
197 Application for renewal of mineral claim
(1) The holder of a mineral claim may, from time to time, apply for renewal of the claim.(2) An application for renewal of a mineral claim:(a) must be accompanied by the application fee prescribed by the regulations, and(b) must be lodged with the Director-General within 2 months before the day on which the claim would otherwise expire.(3) If an application for renewal of a mineral claim is not finally dealt with before the date on which the mineral claim would otherwise cease to have effect, the mineral claim continues to have effect in relation to the land to which the application relates (and no other land) until the application is finally determined.
198 Determination of application for renewal of mineral claim
(1) After considering an application for renewal of a mineral claim, the Director-General:(a) may renew the mineral claim, or(b) may refuse the application.(2) Without limiting the generality of subsection (1) or any other provision of this Act, an application may be refused on any one or more of the following grounds:(a) that the applicant (or, in the case of an applicant that is a corporation, a director of the corporation) has contravened this Act or the regulations or a condition of the claim (whether or not the person has been prosecuted or convicted of any offence arising from the contravention) or has been convicted of any other offence relating to mining or minerals,(b) that a person has contravened a condition of the claim (whether or not the person has been prosecuted or convicted of any offence arising from the contravention),(c) that the Director-General reasonably considers that the holder of the claim provided false or misleading information in or in connection with an application or any report provided under this Act for or with respect to the claim.(3) The Director-General may, on renewing a mineral claim, vary the conditions of the claim in such manner (not inconsistent with the special conditions) as the Director-General may determine.
A mineral claim may be renewed as to the whole or any part of the claim area and, if it is renewed as to part only of the claim area, the remainder ceases to be part of the claim area when the renewal takes effect.
(1) A mineral claim that is renewed:(a) takes effect on the date on which it is renewed or on such later date as the Director-General may determine, and(b) ceases to have effect at the expiration of such period (not exceeding 5 years or such shorter period as the special conditions may specify) as the Director-General may determine.(2) Any amendment of the conditions of a mineral claim takes effect on the date on which the renewal of the mineral claim takes effect.
200 Application for transfer of mineral claim
(1) The holder of a mineral claim may apply for the transfer of the claim to some other person.(2) An application for the transfer of a mineral claim:(a) must be accompanied by the application fee prescribed by the regulations, and(b) must be lodged with the Director-General, and(c) must contain any information prescribed by the regulations, and(d) must be accompanied by the written consent of the proposed transferee, and(e) must be accompanied by a copy of the relevant notice served under subsection (2A).(2A) Notice of an intention to make an application under this section must be given by the applicant to the landholder of the land to which the mineral claim relates.(3) The Director-General may defer consideration of an application that is the subject of legal proceedings, or of an inquiry under this Act, pending the outcome of those proceedings or that inquiry.
201 Determination of application for transfer of mineral claim
(1) After considering an application for transfer of a mineral claim, the Director-General:(a) may transfer the mineral claim, or(b) may refuse the application.(2) Without limiting the generality of subsection (1) or any other provision of this Act, an application may be refused on any one or more of the following grounds:(a) that the applicant (or, in the case of an applicant that is a corporation, a director of the corporation) has contravened this Act or the regulations (whether or not the person has been prosecuted or convicted of any offence arising from the contravention) or has been convicted of any other offence relating to mining or minerals,(b) that the Director-General reasonably considers that the applicant provided false or misleading information in or in connection with an application.(3) The Director-General may, on transferring a mineral claim, vary the conditions of the claim in such manner as the Director-General may (in accordance with the special conditions) determine.(4) A mineral claim may not be transferred to a person if the person would consequently become the holder of more mineral claims than the maximum number allowed by this Act.
202 Devolution of rights of holder of mineral claim
A person on whom the rights of the holder of a mineral claim have devolved by operation of law may apply to the Director-General to have that person’s name recorded as the holder of the claim and, if the Director-General is satisfied that those rights have so devolved, the Director-General must so record the name of the applicant.
203 Grounds of cancellation or operational suspension
(1) The Director-General may cancel a mineral claim, as to the whole or any part of the land to which it relates:(a) if the holder of the claim requests the Director-General to cancel the claim, or(b) if, as a result of an objection made under section 179, it is determined in accordance with Schedule 2 that the land is agricultural land, or(c) if the holder of the claim contravenes a provision of this Act or the regulations (whether or not the holder is prosecuted or convicted of any offence arising from the contravention), or(c1) if a person contravenes a condition of the claim (whether or not the holder is prosecuted or convicted of any offence arising from the contravention), or(c2) if the Director-General reasonably considers that the holder of the claim provided false or misleading information in or in connection with an application or any report provided under this Act for or with respect to the claim, or(d) if the holder of the claim fails to comply with the requirements of any agreement or assessment under Part 13 in relation to the payment of compensation, or(e) if the holder of the claim is convicted of any offence relating to mining or minerals, or(f) if the land is required for a public purpose, or(g) if the mining registrar is ordered by the Land and Environment Court to cancel the claim, or(h) if the holder of the claim fails to use the land comprised in the claim in good faith for the purposes for which the claim has been granted, or uses the land for a purpose other than that for which the claim has been granted.(2) A request referred to in subsection (1) (a):(a) must be lodged with the Director-General, and(b) if the application is for the cancellation of the claim as to part only of the land to which it relates—must be accompanied by a description, prepared in the manner prescribed by the regulations, of the land in respect of which the claim is to be cancelled.(3) The Director-General may defer cancellation of a mineral claim that is the subject of legal proceedings, or of an inquiry under this Act, pending the outcome of those proceedings or that inquiry.(4) (Repealed)
204 Cancellations of mineral claims
(1) Before cancelling a mineral claim on a ground referred to in section 203 (1) (b)–(e) or (h), the Director-General:(a) must cause written notice of the proposed cancellation, and of the grounds of the proposed cancellation, to be served on the holder of the claim, and(b) must give the holder of the claim a reasonable opportunity to make representations with respect to the proposed cancellation, and(c) must take any such representations into consideration.(2) Cancellation of a mineral claim takes effect on the date on which written notice of the cancellation is served on the holder of the claim or on such later date as is specified in the notice.(3) Cancellation of a mineral claim does not affect any liability incurred by the holder of the claim before the cancellation took effect.(4), (5) (Repealed)
205 Compensation for cancellation of mineral claims
(1) The holder of a mineral claim is not entitled to compensation merely because the claim is cancelled.(2) However, if a mineral claim is cancelled on the ground that the whole or any part of the land concerned is required for a public purpose, the holder of the claim is entitled to compensation, of an amount to be determined by the Director-General, for any mining improvements made to the land.
206 Review of decisions concerning cancellation of mineral claims
(1) Any person who is aggrieved by the decision of the Director-General to cancel a mineral claim held by the person, or as to the amount of compensation payable as a consequence of its cancellation, may apply to the Land and Environment Court for a review of the decision.(2) An application must be filed in the Land and Environment Court within 14 days after written notice of the decision is served on the person.(3) Subject to any order made by the Land and Environment Court, an application for a review does not operate to stay the decision to which the application relates.(4) The decision of the Land and Environment Court is to be given effect to as if it were the decision of the Director-General.
207 Holder of mineral claim must be at least 18
A mineral claim may not be granted to an individual who has not attained the age of 18 years.
(1) An application or objection in relation to the grant, renewal, transfer or cancellation of a mineral claim may be withdrawn by means of a notice of withdrawal lodged by the applicant or objector with the Director-General and ceases to have effect when the notice is lodged.(2) The withdrawal of an application or objection under this section is irrevocable.
For the purposes of this Act, an application for a mineral claim is pending from the time it is lodged under this Act until the time it is finally disposed of.
210 Death etc of applicant for granting of mineral claim
An application for a mineral claim made by a person who subsequently dies, becomes bankrupt or becomes a mentally incapacitated person:(a) subsists for the benefit of the applicant’s estate, and(b) may continue to be dealt with,if the applicant’s legal representative or the manager of the applicant’s estate so requests.
210A Waiver of minor procedural matters
(1) The Director-General may grant or renew a mineral claim even though the applicant has failed to comply with a requirement of this Act or the regulations:(a) as to the manner in which the mineral claim has been marked out, or(b) as to the time within which anything is required to be done, or(c) as to the details to be contained in any notice served, lodged or caused to be published by the applicant, or(d) as to the particulars to accompany any application, or(e) as to the furnishing of declarations and other information by the applicant.(2) This section does not authorise the Director-General to grant or renew a mineral claim in the case of an applicant who has failed to comply with such a requirement unless the Director-General is satisfied that the failure is unlikely:(a) to adversely affect any person’s rights under this Act or the regulations, or(b) to result in any person being deprived of information necessary for the effective exercise of those rights.
210B Limitation of challenges to decisions relating to mineral claims
(1) The cancellation of a mineral claim, or the grant or refusal of an application for a mineral claim or for the renewal or transfer of a mineral claim, cannot be challenged in any legal proceedings commenced later than 3 months after the date of the cancellation, grant or refusal.(2) A notice lodged under section 208 cannot be challenged in any legal proceedings commenced later than one month after the date of its lodgment.(3) This section has effect despite any other Act, but does not apply so as to affect:(a) any appeal from proceedings commenced within the period of 3 months referred to in subsection (1) or, in the case of proceedings relating to a notice referred to in subsection (2), the month referred to in subsection (2), or(b) the operation of section 206.
(1) The holder of a mineral claim is entitled to a right of way (to be indicated or described in the manner prescribed by the regulations) between the claim area and a public road.(2) The route of a right of way:(a) should, wherever practicable, follow the route of existing roads or tracks (particularly, in the case of land in the Western Division, those the subject of special easements under section 35S of the Western Lands Act 1901), and(b) must accord with the provisions of any registered access management plan applying to the land.(3) The holder of the mineral claim:(a) must ensure that substantial gates or grids (or, if the landholder of the land so requires, gates and grids), that comply with subsection (4), are placed wherever fences are intersected by the right of way, or(b) if those fences are rabbit-proof, marsupial-proof or dog-proof fences, must ensure that rabbit-proof, marsupial-proof or dog-proof gates are placed at all such intersections.(4) Any such gate or grid must be of a design and construction that is adequate to prevent stock from straying.(5) The costs of installing and maintaining any gates or grids required by this section are to be borne by the holder of the mineral claim.(6) Subject to any determination by the Land and Environment Court, a right of way is subject to such conditions as to its exercise, and to such exceptions as to the land over which it may be exercised:(a) as may be prescribed by the regulations, or(b) as may be specified in any registered access management plan applying to the land.(7) If a dispute arises as to the exercise of a right of way, any party to the dispute may apply to the Land and Environment Court for a determination of the matter.(8) In the case of land within a mineral claims district, the conditions imposed by the Land and Environment Court under subsection (7) must not be inconsistent with the conditions specified in any registered access management plan applying to the land.(9) (Repealed)Maximum penalty (subsection (3)): 50 penalty units.
(1) If land subject to a mineral claim includes the surface of any land, a landholder who is entitled to use the land for stock watering or water drainage purposes is entitled to free and uninterrupted access, for those purposes, to the water in any stream (whether perennial or intermittent) or any lagoon or swamp (whether permanent or temporary) on or adjacent to the land.(2) If a dispute arises between the holder of the mineral claim and any such landholder concerning the right of access, the holder of the mineral claim or the landholder may apply to the Land and Environment Court for a determination on the matter.(3), (4) (Repealed)
213 Use of water, timber and pasturage etc
(1) If land subject to a mineral claim includes the surface of the land, the holder of the mineral claim must not:(a) use water artificially conserved on that land, or(b) fell trees, strip bark or cut timber on that land,otherwise than in accordance with the consent of any landholder of the surface of the land or, if such a landholder refuses consent or attaches unreasonable conditions to the consent, in accordance with a determination of the Land and Environment Court.(2) If land subject to a mineral claim includes the surface of the land, the holder of the claim must not:(a) depasture horses on the land, or keep on the land any dog that is not under effective control, unless the land is securely fenced, or(b) remove rock or earth from the land, except in connection with mining operations, otherwise than with the consent of the landholder of the surface of the land.Maximum penalty: 100 penalty units.
214 Joint holders of mineral claims
If there is more than one holder of a mineral claim, each of the holders is jointly and severally liable for the fulfilment of the obligations arising under this Act in relation to the claim.
(1) The Director-General may (whether on the application of the holder of the claim or otherwise) suspend any of the conditions of a mineral claim (other than conditions of the kind referred to in section 175 (4)) for such period, or until the happening of such event, as the Director-General may determine.(2) The suspension of conditions of a mineral claim may be granted unconditionally or subject to such alternative conditions as the Director-General may consider appropriate.(3) The suspension of conditions of a mineral claim takes effect on the date on which written notice of the suspension is served on the holder of the mineral claim or on such later date as may be specified in the notice.(4) A condition of a mineral claim that is suspended on the application of the holder of the claim may not be suspended for more than 3 months at a time.(5) Section 208 applies to an application under this section in the same way as it applies to an application referred to in section 208 (1).
217 Settlement of certain disputes
If any dispute arises between the holders of 2 or more mineral claims concerning their respective rights in relation to any land or minerals, any one or more of them may apply to the Land and Environment Court for a determination on the matter.
218 Certain claims for damages prohibited
No action lies against the Crown, the Minister or any person administering this Act in respect of any injury or loss suffered or incurred in relation to the exercise of any right conferred by a mineral claim.
(1) The Director-General is to cause to be kept a record of:(a) every application for a mineral claim that is received by the Director-General, and(b) every mineral claim granted, renewed, transferred or cancelled by the Director-General.(2) Such a record must be kept in the form, and must contain the particulars, required by the Director-General.(3) The record must be kept available at the office of the Department for inspection, free of charge, by members of the public.
218B Registration of certain interests in mineral claims
(1) The Director-General is to keep a register of legal and equitable interests in mineral claims.(2) Any person claiming a legal or equitable interest in a mineral claim may apply for registration of the interest.(3) An application must be lodged with the Director-General and must be accompanied by the application fee prescribed by the regulations and by documentary evidence of the legal or equitable interest concerned.(4) The Director-General may, if satisfied that the applicant holds the interest concerned, register the document by which the legal or equitable interest is evidenced.(5) The Director-General may, on application by the holder of an interest or otherwise, make such amendments to the register kept under this section as are appropriate to reflect dealings in the interest.(6) Without limiting the generality of subsection (5), the Director-General may cancel the registration of an interest if of the opinion that the interest has ceased to exist.(7) The registration of an interest under this section is not to be taken to be evidence of the existence of the interest.(8) For the purposes of any legal proceedings concerning a mineral claim:(a) a registered interest has priority over an interest that is not registered, and(b) an earlier registered interest has priority over a later registered interest.(9) The register must be kept available at such offices of the Department as may be prescribed by the regulations for inspection, free of charge, by members of the public.(10) Section 208 applies to an application under this section in the same way as it applies to an application referred to in section 208 (1).
219A Mineral claims district management fund
(1) For each mineral claims district there is to be established a district management fund into which are to be paid:(a) all levies paid in accordance with a condition referred to in section 175 (2) (h1) in respect of mineral claims granted or renewed over land within the district, and(b) the proceeds of investment of money in the fund, and(c) such other money as is required or permitted to be paid into the fund.(2) Money in any such fund may be used:(a) for any purpose specified in a condition referred to in section 175 (2) (h1) as a purpose for which levies referred to in that paragraph may be applied, and(b) to cover the costs of administering the fund.(3) Money received for payment into a fund established under this section is to be paid into an account kept, for the purposes of the fund, in an authorised deposit-taking institution.(4) A fund established under this section in relation to a mineral claims district is to be administered by the Director-General.