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   _Mineral Resources Development Act 1995 (No. 116 of 1995)_
   _Requested:_  17 Feb 2013
   _Consolidated as at:_  17 Feb 2013
   
                                [crest.gif]
                                      
                   Mineral Resources Development Act 1995
                                      
   _An Act to provide for the development of mineral resources consistent
   with sound economic, environmental and land use management and to
   repeal the Mining Act 1929_
   _[Royal Assent 8 December 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:
   
                            _PART 1 - Preliminary_
   
   _1. Short title_
   
   This Act may be cited as the _Mineral Resources Development Act 1995_.
   
   _2. Commencement_
   
   This Act commences on a day or days to be proclaimed.
   
   _3. Interpretation_
   
   In this Act -
   
     _Agency_ means -
     
     _(a)_ in relation to Tasmania, Agency as defined in the _State
     Service Act 2000_; or
     
     _(b)_ in relation to the Commonwealth, a department, authority or
     agency of the Commonwealth government;
     
     _approved_ means approved by the Director;
     
     _atomic substance_ means -
     
     _(a)_ uranium; and
     
     _(b)_ thorium; and
     
     _(c)_ any other substance declared to be an atomic substance under
     section 199;
     
     _Category 1 mineral_ means any -
     
     _(a)_ metallic mineral; and
     
     _(b)_ atomic substance;
     
     _Category 2 mineral_ means coal, peat, lignite and oil shale;
     
     _Category 3 mineral_ means any rock, stone, gravel, sand and clay
     used in construction, bricks and ceramics;
     
     _Category 4 mineral_ means any petroleum products except oil shale;
     
     _Category 5 mineral_ means any -
     
     _(a)_ industrial mineral; and
     
     _(b)_ prescribed precious stone; and
     
     _(c)_ prescribed semi-precious stone;
     
     _Category 6 mineral_ means any geothermal substance;
     
     _Code of practice_ means an approved Code of practice;
     
     _compensable loss_ means -
     
     _(a)_ damage to the surface of the land; or
     
     _(b)_ damage to crops, trees, grasses, fruit, vegetables or other
     vegetation on the land; or
     
     _(c)_ damage to buildings, structures or works on the land; or
     
     _(d)_ damage to any improvement on the land; or
     
     _(e)_ loss of opportunity to make any planned improvement on the
     land; or
     
     _(f)_ deprivation of possession or use of the whole or part of the
     surface of the land; or
     
     _(g)_ severance of the land from other land of the owner or
     occupier of that land; or
     
     _(h)_ destruction or loss of, or injury to, disturbance of, or
     interference with, stock; or
     
     _(i)_ loss of amenity, including recreation and conservation
     values; or
     
     _(j)_ any decrease in the market values of the owner's or
     occupier's interest in the land; or
     
     _(k)_ surface rights of way and easements;
     
     _compensation agreement_ means an agreement referred to in Part 8;
     
     _consolidated mining lease_ means a lease in force under Part 4;
     
     _Crown land_ means any land vested in the Crown;
     
     _Crown lessee_ means the holder of a Crown lease;
     
     _Crown lease_ means a lease in force under the _Crown Lands Act
     1976_ or the _Forestry Act 1920_;
     
     _Crown licence_ means a licence in force under the _Crown Lands Act
     1976_;
     
     _Crown licensee_ means the holder of a Crown licence;
     
     _Director_ means the Director of Mines appointed under section 8;
     
     _exploration licence_ means a licence in force under Part 2;
     
     _explore_ means to determine the existence, quality and quantity of
     minerals for the purpose of commercial exploitation by -
     
     _(a)_ conducting geological, geophysical, geobotanical and
     geochemical surveys; or
     
     _(b)_ drilling; or
     
     _(c)_ taking samples for the purpose of chemical or other analysis;
     or
     
     _(d)_ using appropriate instruments, equipment and techniques; or
     
     _(e)_ extracting and removing from land material, mineral or other
     substances for sampling and testing; or
     
     _(f)_ carrying out any other activity approved by the Minister;
     
     _fossick_ means to search for minerals for a purpose other than for
     commercial gain to a depth of 2 metres by -
     
     _(a)_ digging by hand; or
     
     _(b)_ using hand held instruments;
     
     _fossil_ means any remains, trace or imprint of a plant or animal
     that is preserved by normal processes in the earth's crust;
     
     _gas_ means any naturally occurring hydrogen, hydrogen sulphide,
     nitrogen, helium or carbon dioxide;
     
     _geology_ means the geosciences;
     
     _geoscientific_ means relating to geology, geochemistry,
     geophysics, mineralogy and palaeontology;
     
     _Geoscientific Trust Fund_ means the Geoscientific Investigation
     and Research Trust Fund established under Part 9;
     
     _geothermal substance_ means a substance occurring naturally or
     introduced underground which is heated by the natural processes of
     the earth to a temperature in excess of 40° Celsius;
     
     _industrial mineral_ means any mineral prescribed as an industrial
     mineral;
     
     _inspector_ means an inspector appointed under section 8;
     
     _land_ includes -
     
     _(a)_ land within the beds or banks of any stream and watercourse;
     and
     
     _(b)_ land beneath the internal waters of Tasmania; and
     
     _(c)_ the sea bed; and
     
     _(d)_ waters in, upon or above land; and
     
     _(e)_ stratum of land;
     
     _lease_ means a mining lease in force under Part 4;
     
     _lease area_ means an area of land which is subject to a lease;
     
     _lessee_ means the holder of a lease;
     
     _licence_ means -
     
     _(a)_ in Part 2, an exploration licence in force under that Part;
     and
     
     _(b)_ in Part 3, a retention licence in force under that Part; and
     
     _(c)_ in Part 5, a prospecting licence in force under that Part;
     and
     
     _(d)_ in any other Part, any other licence in force under this Act;
     
     _licence area_ means an area of land which is subject to an
     exploration licence or retention licence;
     
     _licensee_ means -
     
     _(a)_ in Part 2, the holder of an exploration licence; and
     
     _(b)_ in Part 3, the holder of a retention licence; and
     
     _(c)_ in Part 5, the holder of a prospecting licence; and
     
     _(d)_ in any other Part, the holder of any other licence in force
     under this Act;
     
     _Magistrates Court (Civil Division)_ means the division of the
     Magistrates Court established under section 4 of the _Magistrates
     Court (Civil Division) Act 1992_;
     
     _metallic mineral_ means any mineral prescribed as a metallic
     mineral;
     
     _mine_ means any place where mining is being carried out;
     
     _mineral_ means any metallic mineral, non-metallic mineral,
     industrial mineral, inorganic substance, coal, oil, gas, geothermal
     substance, atomic substance and matter forming part of the crust of
     the earth, other than -
     
     _(a)_ the subsoil; or
     
     _(b)_ the layer of soil sustaining vegetation; or
     
     _(c)_ any rock, crushed stone, gravel, sand or clay produced on
     private land for the private use of the owner; or
     
     _(d)_ mineral water; or
     
     _(e)_ any mineral produced as a by-product of a mining operation
     and stored as a waste product on a lease area and not sold or
     otherwise disposed of to another person;
     
     _mineral tenement_ means a licence or lease other than a
     prospecting licence;
     
     _mining_ means any operation or work, other than fossicking or
     prospecting, carried out to obtain minerals;
     
     _mining lease_ means a mining lease in force under Part 4;
     
     _mining operations_ means any operations or work carried out on a
     lease area -
     
     _(a)_ to obtain or treat minerals; or
     
     _(b)_ to store or contain minerals or waste material generated by
     mining on that lease area; or
     
     _(c)_ associated with mining;
     
     _mining product_ means any mineral obtained by mining;
     
     _Mining Tribunal_ means the Mining Tribunal established under Part
     7;
     
     _native title_ means an approved determination of native title
     under the _Native Title Act 1993_ of the Commonwealth the details
     of which are recorded in the National Native Title Register under
     that Act;
     
     _occupier_, in relation to land, means a person in lawful
     possession of the land;
     
     _oil_ means any natural gas, solid bitumen and mineral oil
     obtainable by a well other than -
     
     _(a)_ mineral oil extractable by the application of heat or
     chemical process; and
     
     _(b)_ helium or hydrogen;
     
     _oil shale_ means shale containing fossilised insoluble organic
     matter which will yield liquid or gaseous hydrocarbons on
     distillation;
     
     _owner_ includes -
     
     _(a)_ the holder of any Crown land under a contract of sale and
     purchase; and
     
     _(b)_ the holder of native title to any land;
     
     _person_ includes an Agency;
     
     _petroleum_ means any -
     
     _(a)_ naturally occurring hydrocarbon or mixture of hydrocarbons,
     whether in a gaseous, liquid or solid state; or
     
     _(b)_ mixture of one or more such hydrocarbons and gas;
     
     _private land_ means any land that is not Crown land;
     
     _prospect_ means to explore for minerals to a depth of less than 2
     metres below the surface of the earth or of any pre-existing
     excavation by means of a hand held instrument;
     
     _prospecting licence_ means a licence in force under Part 5;
     
     _public land_ means -
     
     _(a)_ any Crown land; and
     
     _(b)_ any land vested in a body or authority established under a
     law of the State for a public purpose; and
     
     _(c)_ any land vested in a body corporate in which the Crown has a
     controlling interest;
     
     _public purpose_ means a purpose for the benefit of the public in
     general;
     
     _public reserve_ means any land reserved for a public purpose;
     
     _quarter_ means a period of 3 months ending on 31 March, 30 June,
     30 September or 31 December in any year;
     
     _record_ includes any document, financial statement or plan stored
     or maintained by any means;
     
     _register_ means the mining register kept under Division 1 of Part
     10;
     
     _Registrar_ means the Registrar of Mines appointed under section 8;
     
     _Rehabilitation Trust Fund_ means the Rehabilitation of Mining
     Lands Trust Fund established under Division 4 of Part 10;
     
     _relevant period_ means the period starting when an improvement on
     land was made and ending when the damage to the improvement
     occurred;
     
     _retention licence_ means a licence in force under Part 3;
     
     _security deposit_ means a cash deposit or any other form of
     security the Minister determines to -
     
     _(a)_ cover any damage to private property; or
     
     _(b)_ cover failure to meet work program commitments; or
     
     _(c)_ provide funds to mitigate any damage to the environment
     during mining operations or exploration;
     
     _sell_ includes -
     
     _(a)_ offer or agree to sell; and
     
     _(b)_ keep or have in possession for sale; and
     
     _(c)_ dispose of; and
     
     _(d)_ barter or exchange; and
     
     _(e)_ transfer; and
     
     _(f)_ expose for sale; and
     
     _(g)_ send, deliver or receive for sale; and
     
     _(h)_ cause or permit to be sold;
     
     _special exploration licence_ means a licence in force under
     Division 4 of Part 2;
     
     _speleothem_ means a formation formed within a cave which is -
     
     _(a)_ a mineral; or
     
     _(b)_ a precipitate; or
     
     _(c)_ an accumulation of non-precipitate material;
     
     _State forest_ means a State forest within the meaning of the
     _Forestry Act 1920_;
     
     _stone_ means -
     
     _(a)_ sandstone, freestone and other building stone; and
     
     _(b)_ basalt, dolerite, granite, slate, limestone and rock of a
     kind ordinarily used for building or construction purposes; and
     
     _(c)_ quartz, other than quartz crystals; and
     
     _(d)_ slate and gravel; and
     
     _(e)_ pipeclay and clay, other than fireclay, bentonite or kaolin;
     and
     
     _(f)_ sand and soil; and
     
     _(fa)_ limestone and dolomite used for agricultural purposes; and
     
     _(g)_ other similar materials;
     
     _stratum of land_ means a specific part of land of any shape below
     or on the surface of land;
     
     _work program_ means an approved program of work.
     
   _4. Act binds Crown_
   
   This Act binds the Crown in the right of Tasmania and, so far as the
   legislative power of Parliament permits, in all its other capacities.
   
   _5. Application of Act_
   
         _(1)_ Subject to this section, this Act applies to all land and
   minerals in the State.
   
         _(2)_ Subject to subsection (3), this Act does not apply to the
   surface, or within 15 metres below the surface, of any land which is
   set apart or dedicated for any public purpose, other than as -
   
     _(a)_ a public reserve within the meaning of the _Crown Lands Act
     1976_; or
     
     _(b)_ a State forest which is not a forest reserve under the
     _Forestry Act 1920_.
     
         _(3)_ The Minister, by order and with the agreement of any other
   appropriate Minister, may declare that this Act or any specified
   provision of this Act applies to -
   
     _(a)_ .  .  .  .  .  .  .  .
     
     _(b)_ any specified land set apart or dedicated for any public
     purpose.
     
         _(4)_ The Minister, by order, may declare that any specified
   area of land or any specified mineral is exempt from this Act.
   
         _(5)_ The holder of an exploration licence must not exercise any
   right conferred by the licence within an area of land exempted under
   subsection (4) without the Minister's approval.
   
   Penalty:
   
     Fine not exceeding 10 penalty units.
     
         _(6)_ This Act does not apply to the mining of -
   
     _(a)_ Category 3 minerals carried out by the Crown in a State
     forest in accordance with the Forest Practices Code under the
     _Forest Practices Act 1985_ for the purpose of supplying materials
     for the construction of any roads in the State forest; or
     
     _(b)_ Category 3 minerals from a quarry in a State forest and sold
     at a rate of less than 100 tonnes per year.
     
         _(7)_ Sections 19, 54 and 79 do not apply to the prescribed area
   of land in the municipal area of Dorset.
   
         _(8)_ This Act does not extinguish or impair any native title
   rights and interests recognised under the _Native Title Act 1993_ of
   the Commonwealth.
   
         _(9)_ This Act applies to reserved land within the meaning of
   the _Nature Conservation Act 2002_ and a public reserve within the
   meaning of the _Crown Lands Act 1976_.
   
   _6. Ownership of minerals and substances_
   
         _(1)_ All minerals held in private ownership at the commencement
   of this Act continue to be so held.
   
         _(2)_ Any minerals not held in private ownership vest in the
   Crown.
   
         _(3)_ Any minerals on any Crown land which is sold or otherwise
   disposed of remain vested in the Crown.
   
         _(4)_ Any gold, silver, atomic substance, helium, hydrogen and
   oil existing in a natural state on or below the surface of land vests
   in the Crown.
   
         _(5)_ Any Category 3 minerals are owned by the owner of the
   surface of the land regardless of the depth at which they occur.
   
   _7. Non-application of Act to certain minerals_
   
   This Act does not apply to any Category 3 mineral on private land
   which is mined for the use of the owner or occupier or sold at a rate
   of less than 100 tonnes each year.
   
   _8. Director, Registrar and inspectors_
   
         _(1)_ For the purposes of this Act and subject to and in
   accordance with the _State Service Act 2000_, persons may be appointed
   as-
   
     _(a)_ Director of Mines; and
     
     _(b)_ Registrar of Mines; and
     
     _(c)_ inspectors.
     
         _(2)_ The Director may authorise a person employed in the
   Department to perform the functions and exercise the powers of the
   Registrar.
   
   _9. Powers of inspectors_
   
         _(1)_ An inspector, at any reasonable time for the purpose of
   ascertaining whether or not the provisions of this Act are being
   contravened or are being complied with, may do any or all or the
   following:
   
     _(a)_ enter, remain on and pass over any land;
     
     _(b)_ enter, remain on and inspect any mine;
     
     _(c)_ enter, remain on and inspect any place the inspector
     reasonably believes is being used for mining;
     
     _(d)_ examine any plant or any other thing in a mine;
     
     _(e)_ remove any material or substance from a plant or mine;
     
     _(f)_ seize anything which the inspector believes on reasonable
     grounds is the means by which the provisions of this Act or
     standards specified in a Code of practice have been contravened or
     not complied with;
     
     _(g)_ require the production of any relevant documents;
     
     _(h)_ inspect, examine and make copies of, or extracts from,
     relevant documents;
     
     _(i)_ remove relevant documents to make a copy or extract;
     
     _(j)_ take any photographs or audio or video recordings that the
     inspector considers necessary;
     
     _(k)_ require a person to state his or her name and address if -
     
     _(i)_ the person is found committing an offence against this Act or
     is not conducting mining operations or exploration consistent with
     standards specified in a relevant Code of practice; or
     
     _(ii)_ the inspector believes on reasonable grounds that the person
     has committed an offence against this Act or is not conducting
     mining operations or exploration consistent with standards
     specified in a relevant Code of practice; or
     
     _(iii)_ the person is a person whose name and address are, in the
     opinion of the inspector, reasonably required;
     
     _(l)_ require any person to give any assistance reasonably required
     to exercise any power referred to in this situation.
     
         _(2)_ An inspector may be accompanied by any assistant as is
   necessary to exercise any power under this Act.
   
         _(3)_ An inspector must not exercise any powers under this
   section so as to unnecessarily impede or obstruct the working of a
   mine.
   
   _10. Obstructing inspectors_
   
   A person must not -
   
     _(a)_ obstruct, threaten or intimidate or attempt to obstruct,
     threaten or intimidate an inspector in the exercise of the
     inspector's powers; or
     
     _(b)_ contravene or fail to comply with any lawful requirement of
     an inspector; or
     
     _(c)_ fail to give assistance or information to an inspector if
     required to do so; or
     
     _(d)_ if required to state his or her full name and address -
     
     _(i)_ fail to do so; or
     
     _(ii)_ state a false name or address; or
     
     _(e)_ impersonate an inspector.
     
   Penalty:
   
     Fine not exceeding 50 penalty units.
     
                       _PART 2 - Exploration Licences_
   
                         _Division 1 - Applications_
   
   _11. Application for exploration licence_
   
         _(1)_ A person may apply to the Minister for an exploration
   licence.
   
         _(2)_ An application is to -
   
     _(a)_ be in an approved form; and
     
     _(b)_ specify the minerals in respect of which it is made; and
     
     _(c)_ be accompanied by a statement specifying -
     
     _(i)_ the work to be carried out; 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; and
     
     _(v)_ the likely impact on the environment; and
     
     _(d)_ be accompanied by the prescribed fee; and
     
     _(e)_ contain any other prescribed details; and
     
     _(f)_ be lodged with the Registrar.
     
         _(3)_ The Registrar or Director or both may require an applicant
   to provide further information.
   
         _(4)_ A person may not apply for a licence in relation to an
   area of land comprised in a previous exploration licence or previous
   retention licence until a date specified by the Director that is at
   least 2 months after that area is no longer subject to that previous
   licence.
   
         _(5)_ The holder of a special exploration licence may apply for
   an exploration licence in respect of any area comprised in the special
   exploration licence which does not exceed the area specified in
   section 21(1) in respect of the relevant minerals.
   
   _12. 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:
   
     _(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.
     
         _(1A)_ Applications received up to and including 4 working days
   after the date specified in section 11(4) have equal priority and are
   to be determined without reference to any other application.
   
         _(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 or refused or has
     lapsed under section 13.
     
         _(4)_ The Registrar is to reject any application received later
   than 3 months after receipt of another application determined to have
   priority.
   
   _13. 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 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 a sufficient reason for fixing a later date.
     
   _14. Recommendation of application for exploration 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 under 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.
     
         _(4)_ The Minister may only grant an application for an
   exploration licence if satisfied that the applicant -
   
     _(a)_ intends to do work; and
     
     _(b)_ intends to comply with this Act; and
     
     _(c)_ has an appropriate program of work; and
     
     _(d)_ is likely to have sufficient financial and technical
     resources to carry out the proposed work; and
     
     _(e)_ has provided sufficient information relating to the likely
     impact on the environment; and
     
     _(f)_ has provided a security deposit.
     
   _15. Objection to exploration licence_
   
         _(1)_ Any person with an interest or estate in land within the
   area specified in a notice published under section 14(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 14(2)(b).
     
         _(3)_ An objection is to be heard and determined by the Mining
   Tribunal.
   
   _16. Amendment 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 is sought, it
   may allow the applicant to amend the application by excluding that
   part.
   
         _(2)_ An application amended under subsection (1) is taken to be
   lodged on the date on which the original application was lodged.
   
   _17. Granting application for exploration licence_
   
         _(1)_ After considering an application for a licence and any
   recommendation of the Director and 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 14(2) and (3); and
     
     _(b)_ a person with an interest or estate in the land is entitled
     to object in accordance with section 15.
     
         _(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.
     
   _18. Conditions of exploration licence_
   
         _(1)_ The Minister may grant an application for a licence
   subject to any conditions the Minister considers appropriate.
   
         _(2)_ 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.
   
         _(3)_ The Minister may vary any condition of the licence by
   rescinding, adding, substituting or amending a condition.
   
         _(4)_ Before varying any condition 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 condition; 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 appeal to the Mining Tribunal against the
   Minister's decision to vary the condition within 28 days after the
   date of the decision.
   
         _(6)_ The variation of a condition 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
     Tribunal makes an order affirming the decision, 10 days after the
     date of the order.
     
   _19. Exploration licence over private land_
   
   The holder of an exploration licence must not explore on private land
   without the consent of the owner and occupier of the land within 100
   metres of the surface of -
   
     _(a)_ any natural lake, artificial lake, dam, reservoir,
     water-producing well or artificial pond; or
     
     _(b)_ any dwelling or substantial building.
     
   Penalty:
   
     Fine not exceeding 100 penalty units.
     
                     _Division 2 - Exploration licences_
   
   _20. Exploration licence_
   
         _(1)_ On granting an application for a licence and on payment of
   the prescribed fee, the Minister is to issue an 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 over which it is granted;
     
     _(ii)_ the total area of that land;
     
     _(iii)_ the minerals in respect of which it is granted;
     
     _(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 over which the licence is granted at a prescribed rate and in a
   prescribed manner.
   
   _21. Area of land comprised in exploration licence_
   
         _(1)_ The area of land comprised in a licence must not exceed -
   
     _(a)_ for a licence in respect of Category 1, 2, 5 and 6 minerals,
     250 square kilometres; or
     
     _(b)_ for a licence in respect of Category 3 minerals, 500 square
     kilometres; or
     
     _(c)_ for a licence in respect of Category 4 minerals, an area
     determined by the Minister.
     
         _(2)_ Land comprised in a licence may differ in size and shape
   from the land over which the licence was sought in the application for
   the licence.
   
         _(3)_ An area of land comprised in a licence must not include an
   area which -
   
     _(a)_ is already a mineral tenement in respect of the same
     minerals; or
     
     _(b)_ is the subject of an application for a retention licence or
     lease.
     
   _22. Exploration licence for small areas_
   
         _(1)_ The Minister may grant an application for a licence to a
   person in respect of an area no greater than one square kilometre.
   
         _(2)_ A licence may be in respect of any mineral specified in
   the licence.
   
         _(3)_ The holder of a licence under this section -
   
     _(a)_ is to carry out exploration under any terms and conditions
     the Minister approves; and
     
     _(b)_ is required to make a minimum expenditure each year as the
     Minister determines.
     
         _(4)_ A person is entitled to hold only one licence under this
   section.
   
   _23. Authority of exploration licence_
   
         _(1)_ A licence authorises the licensee -
   
     _(a)_ to explore in the area of land specified in the licence for
     minerals specified in the licence; and
     
     _(b)_ to enter on, and pass over, Crown land for that purpose; and
     
     _(c)_ subject to subsection (2), to enter on, and pass over,
     private land for that purpose.
     
         _(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.
   
   Penalty:
   
     Fine not exceeding 100 penalty units.
     
         _(4)_ A person must not sell any mineral recovered during
   exploration without the approval of the Director.
   
   Penalty:
   
     Fine not exceeding 500 penalty units or revocation of the licence,
     or both.
     
   _24. Term of exploration licence_
   
   A licence, unless revoked earlier, is in force -
   
     _(a)_ for a period of 5 years from the date on which the
     application is granted, in respect of Category 1, 2 and 3 minerals;
     or
     
     _(b)_ for a period the Minister determines from the date on which
     the application is granted, in respect of Category 4 minerals.
     
   _25. Extension of term of licence_
   
         _(1)_ A person may apply to the Minister for an extension of the
   term of an exploration 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 the Minister
     determines and with or without any conditions; or
     
     _(b)_ refuse to grant the application.
     
         _(4)_ The Minister must grant the application if 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
     
     _(c)_ the licensee has submitted a suitable work program 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 appeal to the Mining Tribunal against the
   Minister's refusal to grant the application within 28 days after
   receipt of a notice under subsection (5)(b).
   
         _(7)_ A licence 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.
     
   _26. Minimum expenditure_
   
   The holder of a licence must make a minimum expenditure in each year
   as the Minister determines.
   
   _27. Exemption from conditions of exploration 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.
     
   _28. Annual report and return_
   
         _(1)_ A licensee is to submit to the Director an annual report -
   
     _(a)_ at least one month before the anniversary of the date on
     which the licence was granted; or
     
     _(b)_ on any other date the Minister determines.
     
         _(2)_ The annual report is to -
   
     _(a)_ be in an approved form and accompanied by a statutory
     declaration as to its accuracy; and
     
     _(b)_ specify the amounts expended in respect of any exploration
     carried out during the financial year; and
     
     _(c)_ contain a summary of the matters specified in section 187(2);
     and
     
     _(d)_ give details of any proposed work; and
     
     _(e)_ contain any other matter relating to the licence the Director
     requires.
     
         _(3)_ A licensee is to submit to the Director any return the
   Director requires at any time the Director directs.
   
   _29. Duties under 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.
     
   _30. Exploration without licence_
   
   A person who is not a licensee must not explore for the minerals to
   which any exploration licence relates on the licence area without the
   written consent of the licensee.
   
   Penalty:
   
     Fine not exceeding 100 penalty units.
     
                    _Division 3 - Dealings with licences_
   
   _31. Variation of exploration licence_
   
         _(1)_ The Minister, with the approval of the licensee, by notice
   in writing, may vary the licence by -
   
     _(a)_ adding to, or reducing, the area of land comprised in the
     licence; or
     
     _(b)_ adding a mineral or category of minerals to, or removing a
     mineral or category of minerals from, any mineral or category of
     minerals to which the licence relates.
     
         _(2)_ On the application of a licensee, the Minister, by notice
   in writing, may vary the licence by -
   
     _(a)_ adding to, or reducing, the area of land comprised in the
     licence; or
     
     _(b)_ adding a mineral or category of minerals to, or removing a
     mineral or category of minerals from, the minerals or category of
     minerals to which the licence relates.
     
         _(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; or
     
     _(c)_ removing a mineral or category of minerals from the minerals
     or category of minerals to which the licence relates.
     
         _(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 appeal to the Mining Tribunal against the
   Minister's decision to vary the licence within 28 days after the date
   of 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
     Tribunal makes an order affirming the decision, 10 days after the
     date of the order.
     
         _(7)_ Subject to subsection (8), an area of land which was not
   comprised in a licence because of the operation of section 21(3) is to
   be comprised in the licence when -
   
     _(a)_ the area ceases to be comprised in a lease; or
     
     _(b)_ the application for a mining lease is refused or withdrawn.
     
         _(8)_ An area of land must not be comprised in a licence under
   subsection (7) so as the total area of land exceeds the area specified
   in section 21 in respect of the relevant category of minerals.
   
   _32. Application for transfer of 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 satisfied that it is reasonable to do so.
   
         _(4)_ The Registrar, by notice in writing, is to notify any
   person who has lodged a caveat under Part 10 of an application lodged
   under this section.
   
         _(5)_ A notice under subsection (4) is to be sent by certified
   mail so as to be received at least 14 days before the approval takes
   effect.
   
         _(6)_ A person who has lodged a caveat under Part 10 may object
   to the Mining Tribunal against an application for approval to transfer
   a licence within 14 days after receipt of a notice under subsection
   (5).
   
   _33. Approval of transfer of exploration licence_
   
         _(1)_ The Minister may -
   
     _(a)_ approve the application for the transfer of a licence, with
     or without conditions; or
     
     _(b)_ 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 refusal to approve the application and the reasons for
     the refusal.
     
         _(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.
     
   _34. Revocation of exploration 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)_ 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
     
     _(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, by notice published in the _Gazette_, may
   notify the revocation of a licence or part of a licence.
   
         _(6)_ A licensee may appeal to the Mining Tribunal against the
   Minister's decision to revoke the licence within 28 days after the
   date of 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.
     
   _35. Surrender of 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
     
     _(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.
     
   _36. Application to consolidate exploration licences_
   
         _(1)_ A licensee may apply to the Director to consolidate 2 or
   more licences held by the licensee in respect of adjoining lands.
   
         _(2)_ An application for the consolidation of licences is to be
   -
   
     _(a)_ in an approved form; and
     
     _(b)_ accompanied by the licences to be consolidated; 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)_ The area of land comprised in a consolidated licence must
   not exceed the area specified in section 21(1) in respect of the
   relevant category of mineral.
   
   _37. Term of consolidated exploration licence_
   
         _(1)_ Subject to subsection (2), a consolidated licence is in
   force for a period of 5 years from the date on which the earliest
   licence was granted.
   
         _(2)_ The Director may determine -
   
     _(a)_ the term of a consolidated licence; and
     
     _(b)_ the commencement day of the licence.
     
                 _Division 4 - Special exploration licences_
   
   _38. Application for special exploration licence_
   
         _(1)_ A person may apply to the Minister for a special
   exploration licence to explore for minerals in a specified region.
   
         _(2)_ An application is to -
   
     _(a)_ be in an approved form; and
     
     _(b)_ specify the minerals in respect of which it is made; and
     
     _(c)_ be accompanied by a statement specifying a description of the
     area of land in respect of which the licence is sought; and
     
     _(d)_ be accompanied by a fee determined by the Minister; and
     
     _(e)_ be accompanied by a statement specifying the likely impact on
     the environment; and
     
     _(f)_ contain any other details the Director requires; and
     
     _(g)_ be lodged with the Registrar.
     
         _(3)_ The Registrar or the Director or both may require an
   applicant to provide further information.
   
   _39. Recommendation of application for special exploration licence_
   
         _(1)_ The Director is to consider an application for a special
   exploration 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.
     
         _(4)_ The Director may only recommend that the Minister grant an
   application for a special exploration licence if satisfied that the
   applicant -
   
     _(a)_ intends to do work in the specified region; and
     
     _(b)_ intends to comply with this Act; and
     
     _(c)_ has an appropriate program of work; and
     
     _(d)_ is likely to have sufficient financial and technical
     resources to carry out the proposed work; and
     
     _(e)_ has provided sufficient information relating to the likely
     impact on the environment; and
     
     _(f)_ has provided a security deposit.
     
   _40. Objection to special exploration licence_
   
         _(1)_ Any person with an interest or estate in land within the
   area specified in a notice published under section 39 may object to
   the granting of the application for a special exploration 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 39.
     
         _(3)_ An objection is to be heard and determined by the Mining
   Tribunal.
   
   _41. Granting application for special exploration licence_
   
         _(1)_ After considering an application for a special exploration
   licence and any recommendation of the Director and 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 39(2) and (3); and
     
     _(b)_ a person with an interest or estate in the land is entitled
     to object in accordance with section 40.
     
         _(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.
     
   _42. Conditions of special exploration licence_
   
         _(1)_ The Minister may grant an application for a special
   exploration licence subject to any conditions the Minister considers
   appropriate.
   
         _(2)_ 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.
   
         _(3)_ The Minister may vary or rescind any condition of the
   licence.
   
   _43. Authority of special exploration licence_
   
   A special exploration licence authorises the holder to explore for
   specified minerals in a specified area of land.
   
   _44. Term of special exploration licence_
   
         _(1)_ A special exploration licence is in force for a period of
   5 years from the date on which it is granted.
   
         _(2)_ The Minister may extend the term of the licence for any
   period so long as the total term of the licence does not exceed 10
   years.
   
   _45. Area of land comprised in special exploration licence_
   
         _(1)_ The area of land comprised in a special exploration
   licence may -
   
     _(a)_ exceed the area specified in section 21(1) in respect of the
     relevant minerals; and
     
     _(b)_ include all or part of an area of land comprised in any
     exploration licence, retention licence or lease so long as any
     mineral specified in the special exploration licence is not the
     same as any mineral specified in those licences or that lease.
     
         _(2)_ Any area of land previously comprised in a special
   exploration licence and included in an exploration licence ceases to
   be comprised in the special exploration licence.
   
   _46. Revocation of special exploration licence_
   
         _(1)_ The Minister may revoke a special exploration licence or
   part of a special exploration 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)_ satisfied that any area of land comprised in the licence is
     required for any public purpose.
     
         _(2)_ Before revoking a special exploration licence or part of a
   special exploration 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
     
     _(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, by notice published in the _Gazette_, may
   notify the revocation of a licence or part of a licence.
   
         _(6)_ A licensee may appeal to the Mining Tribunal against the
   Minister's decision to revoke the licence within 28 days after the
   date of 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.
     
                        _PART 3 - Retention Licences_
   
                         _Division 1 - Applications_
   
   _47. Application for retention licence_
   
         _(1)_ The holder of an exploration licence or a lease has the
   exclusive right to apply to the Minister for a retention licence in
   respect of -
   
     _(a)_ the minerals specified in that licence or lease; and
     
     _(b)_ any area of land comprised in that licence or lease.
     
         _(2)_ An application is to -
   
     _(a)_ be in an approved form; and
     
     _(b)_ be accompanied by the prescribed fee; and
     
     _(c)_ contain any other prescribed details; and
     
     _(d)_ be lodged with the Registrar.
     
         _(3)_ The Registrar or Director or both may require an applicant
   to provide further information.
   
   _48. Exclusive right foregone_
   
         _(1)_ The holder of an exploration licence or a lease may forego
   the exclusive right referred to in section 47 by notice in writing to
   a person consenting to that person, either alone or in conjunction
   with the holder, marking out and applying for the licence.
   
         _(2)_ A person who receives a notice under subsection (1) is to
   provide the Registrar with a copy of that notice within 14 days of the
   date of the notice.
   
         _(3)_ An exploration licence or a lease is not affected by an
   application under section 47 but on the granting of the application
   the area of land to which the application relates ceases to be subject
   to that licence or lease.
   
   _49. Transfer of application_
   
         _(1)_ A person who lodges an application for a licence may
   transfer the application to another person subject to any prescribed
   conditions and on payment of the prescribed fee.
   
         _(2)_ On the transfer of an application for a licence, the
   transferee becomes the applicant for the licence.
   
   _50. Recommendation of application for retention 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 under 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.
     
   _51. Objection to retention licence_
   
         _(1)_ Any person with an interest or estate in land within the
   area specified in a notice published under section 50(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 50(2)(b).
     
         _(3)_ An objection is to be heard and determined by the Mining
   Tribunal.
   
   _52. Amendment 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 is sought, it
   may allow the applicant to amend the application by excluding that
   part.
   
         _(2)_ An application amended under subsection (1) is taken to be
   lodged on the date on which the original application was lodged.
   
   _53. Granting application for retention licence_
   
         _(1)_ After considering an application for a licence and any
   recommendation of the Director and subject to any decision of the
   Mining Tribunal, the Minister may -
   
     _(a)_ grant the application; or
     
     _(b)_ refuse to grant the application.
     
         _(2)_ The Minister may only grant an application for a licence
   if satisfied that -
   
     _(a)_ the land comprised in the licence is likely to be able to be
     effectively and efficiently mined for the minerals to which the
     licence is to relate; and
     
     _(b)_ there is a sufficient quantity of minerals to justify mining;
     and
     
     _(c)_ the applicant is justified for economic or other reasons not
     to proceed to mine; and
     
     _(d)_ the applicant has provided a security deposit.
     
         _(3)_ 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 50(2) and (3); and
     
     _(b)_ a person with an interest or estate in the land is entitled
     to object in accordance with section 51.
     
         _(4)_ 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.
     
   _54. Retention licence over private land_
   
   The holder of a retention licence must not explore on private land
   which has on it any dwelling or other substantial building without the
   consent of the owner and occupier of the land within 100 metres of the
   surface of -
   
     _(a)_ any natural lake, artificial lake, dam, reservoir,
     water-producing well or artificial pond; or
     
     _(b)_ any dwelling or substantial building.
     
   Penalty:
   
     Fine not exceeding 100 penalty units.
     
   _55. Conditions of retention licence_
   
         _(1)_ The Minister may grant an application for a licence
   subject to any conditions the Minister considers appropriate.
   
         _(2)_ If a licence is held by 2 or more persons, those persons
   are jointly and severally liable for complying with any conditions of
   the licence.
   
         _(3)_ The Minister may vary or rescind any condition of the
   licence.
   
         _(4)_ Before varying or rescinding any condition of 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 condition; and
     
     _(b)_ the nature of the variation; and
     
     _(c)_ the right of the licensee to make submissions in relation to
     the matter.
     
         _(5)_ A licensee may appeal to the Mining Tribunal against the
   Minister's decision to vary the condition within 28 days after the
   date of the decision.
   
         _(6)_ The variation of a condition 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
     Tribunal makes an order affirming the decision, 10 days after the
     date of the order.
     
                      _Division 2 - Retention licences_
   
   _56. Retention licence_
   
         _(1)_ On granting an application for a licence and on payment of
   the prescribed fee, the Minister is to issue a retention 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 over which it is granted;
     
     _(ii)_ the total area of that land;
     
     _(iii)_ the type of minerals in respect of which it is granted;
     
     _(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 over which the licence is granted at a prescribed rate and in a
   prescribed manner.
   
   _57. Area of land comprised in retention licence_
   
   The area of land comprised in a licence must not exceed -
   
     _(a)_ for a licence relating to minerals other than Category 2 or
     Category 4 minerals, 10 square kilometres; or
     
     _(b)_ for a licence relating to Category 2 or Category 4 minerals,
     50 square kilometres.
     
   _58. Authority of retention licence_
   
         _(1)_ A licence authorises the licensee -
   
     _(a)_ to carry out any of the following which is necessary to
     evaluate the potential for mining:
     
     _(i)_ geological, geophysical and geochemical exploration programs;
     
     _(ii)_ mining feasibility studies;
     
     _(iii)_ metallurgical testing;
     
     _(iv)_ environmental studies;
     
     _(v)_ marketing studies;
     
     _(vi)_ engineering and design studies; and
     
     _(b)_ to enter on, and pass over, any Crown land or private land
     for those purposes.
     
         _(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.
   
   Penalty:
   
     Fine not exceeding 100 penalty units.
     
         _(4)_ A person must not sell any mineral recovered whilst
   carrying out authorised activities without the approval of the
   Director.
   
   Penalty:
   
     Fine not exceeding 500 penalty units or revocation of the licence,
     or both.
     
   _59. Term of retention licence_
   
         _(1)_ A licence, unless revoked earlier, is in force for a
   period, not exceeding 5 years, as the Minister determines.
   
         _(2)_ The Minister may extend the term of a licence for any
   period or periods each not exceeding 5 years.
   
   _60. Exemption from conditions of retention 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.
     
   _60A. Annual report and return_
   
         _(1)_ A licensee is to submit to the Director an annual report -
   
     _(a)_ at least one month before the anniversary of the date on
     which the licence was granted; or
     
     _(b)_ on any other date the Director determines.
     
         _(2)_ The annual report is to -
   
     _(a)_ be in an approved form; and
     
     _(b)_ be accompanied by a statutory declaration as to its accuracy;
     and
     
     _(c)_ specify the amounts expended in respect of any exploration
     carried out during the preceding 12 months; and
     
     _(d)_ contain a summary of the matters specified in section 187(2);
     and
     
     _(e)_ give details of any proposed work; and
     
     _(f)_ contain any other matter relating to the licence the Director
     requires.
     
         _(3)_ A licensee is to submit to the Director any return the
   Director requires at any time the Director directs.
   
   _60B. Duties under retention licence_
   
         _(1)_ A licensee is to carry out any exploration efficiently and
   effectively.
   
         _(2)_ A licensee is to carry out any exploration and
   rehabilitation of land consistently with the standards specified in
   any relevant Code of practice.
   
   _60C. Exploration without licence_
   
   A person who is not a licensee must not explore for the minerals to
   which any retention licence relates in the licence area without the
   written consent of the licensee.
   
   Penalty:
   
     Fine not exceeding 100 penalty units.
     
                    _Division 3 - Dealings with licences_
   
   _61. Variation of retention licence_
   
         _(1)_ The Minister, with the approval of the licensee, by notice
   in writing, may vary the licence by removing a mineral from the
   licence.
   
         _(2)_ On the application of a licensee, the Minister, by notice
   in writing, may vary the licence by -
   
     _(a)_ adding to, or reducing, the area of land comprised in the
     licence; and
     
     _(b)_ adding or removing a mineral from 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, by
   notice in writing, may vary the licence by -
   
     _(a)_ changing or adding any condition; or
     
     _(b)_ reducing the area of land comprised in the licence; or
     
     _(c)_ removing a mineral from 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.
     
         _(5)_ A licensee may appeal to the Mining Tribunal against the
   Minister's decision to vary the licence within 28 days after the date
   of 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
     Tribunal makes an order affirming the decision, 10 days after the
     date of the order.
     
   _62. Application for transfer of retention 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 duly 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 satisfied that it is reasonable to do so.
   
         _(4)_ The Registrar, by notice in writing, is to notify any
   person who has lodged a caveat under Part 10 of an application lodged
   under this section.
   
         _(5)_ A notice under subsection (4) is to be sent by certified
   mail so as to be received at least 14 days before the approval takes
   effect.
   
         _(6)_ A person who has lodged a caveat under Part 10 may object
   to the Mining Tribunal against an application for approval to transfer
   a licence within 14 days after receipt of a notice under subsection
   (5).
   
   _63. Approval of transfer of retention licence_
   
         _(1)_ The Minister may -
   
     _(a)_ approve the application for the transfer of a licence, with
     or without conditions; or
     
     _(b)_ 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 refusal to approve the application and the reasons for
     the refusal.
     
         _(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.
     
   _64. Extension of term of retention licence_
   
         _(1)_ A licensee may apply to the Minister for an extension of
   the term of the 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 must -
   
     _(a)_ grant an application for any period the Minister determines
     and with or without conditions; or
     
     _(b)_ refuse to grant the application.
     
         _(4)_ 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.
     
         _(5)_ A licensee may appeal to the Mining Tribunal against the
   Minister's refusal to grant the application within 28 days after
   receipt of a notice under subsection (4)(b).
   
         _(6)_ A licence remains in force until -
   
     _(a)_ the Minister makes a decision under subsection (3); or
     
     _(b)_ if an appeal is made under subsection (5), the Mining
     Tribunal makes an order in relation to the appeal.
     
   _65. Term of extended licence_
   
         _(1)_ A licence extended under section 64, unless revoked
   earlier, is in force for a period, not exceeding 5 years, as the
   Minister determines.
   
         _(2)_ If an application to extend a licence is granted before
   the licence ceases to be in force, the period referred to in
   subsection (1) starts on the day the licence ceases to be in force.
   
         _(3)_ If an application to extend a licence is not granted
   before the licence ceases to be in force, the licence -
   
     _(a)_ is taken to continue to be in force until the application is
     granted, refused or withdrawn, whichever occurs first; and
     
     _(b)_ if extended, continues in force from the date on which it
     ceases to be in force until the end of the period referred to in
     subsection (1).
     
   _66. Revocation of retention 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)_ 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
     
     _(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, by notice published in the _Gazette_, may
   notify the revocation of a licence or part of a licence.
   
         _(6)_ A licensee may appeal to the Mining Tribunal against the
   Minister's decision to revoke the licence within 28 days after the
   date of the decision.
   
         _(7)_ The revocation 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, 14 days after the
     date of the order.
     
   _67. Surrender of retention 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 reason for the
     refusal.
     
                           _PART 4 - Mining Leases_
   
           _Division 1 - Applications, marking out and objections_
   
   _68. Notice to apply for mining lease_
   
         _(1)_ If the Minister is of the opinion that mining operations
   should commence on any area of land comprised in a retention licence,
   the Minister, by notice in writing, may require the licensee to
   provide reasons for not applying for a lease.
   
         _(2)_ A notice is to specify -
   
     _(a)_ the area of land to be subject to a lease; and
     
     _(b)_ the period within which the licensee is to provide reasons
     for not applying for a lease.
     
         _(3)_ The Minister, by notice in writing, may direct the
   licensee to apply for a lease within a specified period if -
   
     _(a)_ the licensee fails to provide reasons within the specified
     period; or
     
     _(b)_ the Minister, after considering any reasons provided, is not
     satisfied that the licensee should not apply for a lease.
     
         _(4)_ If the licensee fails to apply for a lease within the
   specified period or fails to fulfil the requirements of section 75(3)
   within 6 months after making an application for a lease or within any
   other time the Minister determines, the Minister may-
   
     _(a)_ revoke the licence held by the licensee; or
     
     _(b)_ amend it to exclude the area of land specified in a notice
     under subsection (2)(a).
     
   _69. Mining without lease prohibited_
   
   A person must not carry out any mining in any area of land unless -
   
     _(a)_ the person is the holder of a lease in respect of that area
     of land; or
     
     _(b)_ the land is private land and mining is carried out under
     section 7; or
     
     _(c)_ the person is authorised to do so under a mineral tenement.
     
   Penalty:
   
     Fine not exceeding 500 penalty units or imprisonment for a term not
     exceeding 6 months, or both.
     
   _70. Applications for mining lease_
   
         _(1)_ A person may apply to the Minister for a lease.
   
         _(2)_ An application is to -
   
     _(a)_ be in an approved form; and
     
     _(b)_ specify the minerals in respect of which it is made; and
     
     _(c)_ be accompanied by a statement specifying -
     
     _(i)_ the mining to be carried out; and
     
     _(ii)_ a description of the area of land in respect of which the
     lease is sought; and
     
     _(iii)_ the financial and technical resources available to the
     applicant to carry out the mining; and
     
     _(iv)_ an estimate of the proposed expenditure; and
     
     _(d)_ be accompanied by a plan of that area; and
     
     _(e)_ be accompanied by the prescribed fee; and
     
     _(f)_ be lodged with the Registrar within 7 days after marking out
     that area under section 72; and
     
     _(g)_ be accompanied by 6 months' rent in advance; and
     
     _(h)_ contain any other prescribed details.
     
         _(3)_ The Director may require an applicant to provide further
   information.
   
         _(4)_ A person may not apply for a lease in relation to an area
   of land comprised in a previous exploration licence or previous
   retention licence in respect of minerals specified in that licence
   until a date specified by the Director that is at least 2 months after
   that area is no longer subject to that previous licence.
   
   _71. Exclusive right to mining lease_
   
         _(1)_ The holder of an exploration licence or a retention
   licence has the exclusive right to mark out and apply for a lease in
   respect of -
   
     _(a)_ the area or part of the area of land comprised in the
     licence; and
     
     _(b)_ the minerals specified in the licence.
     
         _(2)_ The holder of an exploration licence or retention licence
   may forgo the exclusive right referred to in subsection (1) by notice
   in writing to any other person consenting to that person, either alone
   or in conjunction with the holder, marking out and applying for a
   lease.
   
         _(3)_ A person who receives a notice under subsection (2) is to
   provide the Registrar with a copy of that notice within 14 days of the
   date of the notice.
   
         _(4)_ If, in respect of an area of land comprised in an
   exploration or a retention licence, a person forgoes an exclusive
   right to mark out and apply for a lease and a lease is granted, that
   area of land ceases to be subject to the exploration licence or
   retention licence.
   
   _72. Marking out_
   
         _(1)_ An applicant for a lease is to mark out the land to which
   the application relates in the prescribed manner.
   
         _(2)_ An applicant marking out land may enter on, and pass over,
   land for that purpose.
   
         _(3)_ An owner or occupier of land may make a claim to the
   Mining Tribunal for any unnecessary or unreasonable damage to land or
   property caused by the applicant in marking out land.
   
         _(4)_ In respect of any area of land covered by the sea or any
   lake, pond, river or stream or any area of land which does not include
   the surface of the earth, an applicant -
   
     _(a)_ need not mark out that area; and
     
     _(b)_ must comply with any conditions determined by the Director.
     
   _73. Pending applications for leases_
   
         _(1)_ An application for a lease is pending from the marking out
   of the land 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 lease lapses 12 months after the
   marking out unless the Director extends that period.
   
         _(3)_ The Director may only extend the period of 12 months if
   satisfied that -
   
     _(a)_ the failure to determine the application is not caused by
     default of the applicant; or
     
     _(b)_ there is sufficient reason to do so.
     
   _74. Priority of applications for leases_
   
         _(1)_ If more than one application is received for a lease in
   respect of all or part of the same land, the order of priority is as
   follows:
   
     _(a)_ an application by a person who marks out the land before any
     other person has priority over an application by that other person;
     
     _(b)_ for applications where marking out is done 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 where marking out is done on the same day
     and 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;
     
     _(d)_ applications received up to and including 4 working days
     after the date specified under section 70(4) have equal priority
     and are to be determined without reference to any other
     application.
     
         _(2)_ The Registrar is to reject any application received later
   than 3 months after receipt of an application determined to have
   priority.
   
   _75. Recommendation of application for mining lease_
   
         _(1)_ The Director is to consider an application for a lease.
   
         _(2)_ If the Director intends to recommend to the Minister that
   the application be granted, the Director is to notify that intention
   by notice in writing -
   
     _(a)_ to the applicant; and
     
     _(b)_ as required under section 29 of the Native Title Act 1993 of
     the Commonwealth; and
     
     _(c)_ to the holder of a lease under section 106.
     
         _(2A)_ If the Director intends to recommend to the Minister that
   the application be granted, the Director is to provide the applicant
   with a copy of the proposed lease.
   
         _(2B)_ The applicant, within 14 days after receiving a copy of
   the proposed lease, may make submissions to the Minister in relation
   to the proposed terms and conditions of that lease.
   
         _(3)_ The Minister may only grant an application for a lease if
   satisfied that the applicant -
   
     _(a)_ has demonstrated that there is a sufficient quantity of
     minerals to justify mining; and
     
     _(b)_ intends to mine; 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)_ if the application is in respect of private land, has entered
     into a compensation agreement with the owner or occupier of the
     land; and
     
     _(h)_ has provided a security deposit.
     
         _(4)_ Subsection (3)(g) 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.
   
   _76. Objections to mining lease_
   
         _(1)_ Any person with an interest or estate in the area of land
   in respect of which a lease is sought may object to the granting of
   the application of a lease in respect of that area.
   
         _(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
     marking out.
     
         _(3)_ An objection is to be heard and determined by the Mining
   Tribunal.
   
   _77. Amendment of applications after objections_
   
         _(1)_ If the Mining Tribunal upholds an objection in respect of
   a portion of the land comprised in the application, it may allow the
   applicant to amend the application for a lease by excluding that
   portion.
   
         _(2)_ An application amended under subsection (1) is taken to be
   lodged on the date on which the original application was lodged.
   
   _78. Granting application for mining lease_
   
         _(1)_ After considering an application for a lease and any
   recommendation of the Director and 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 a lease contrary to the
   recommendation of the Director -
   
     _(a)_ the Director is to notify that intention in accordance with
     section 75(2); and
     
     _(b)_ a person with an interest or estate in the land is entitled
     to object in accordance with section 76.
     
         _(3)_ The Minister, by notice in writing, must notify an
   applicant of -
   
     _(a)_ the grant of the application; or
     
     _(b)_ the refusal to grant the application and the reasons for the
     refusal.
     
   _79. Mining lease over private land_
   
   The holder of a lease must not explore or carry out mining operations
   on private land which has on it any dwelling or other substantial
   building without the consent of the owner and occupier of the land
   within 100 metres of the surface of -
   
     _(a)_ any natural lake, artificial lake, dam, reservoir,
     water-producing well or artificial pond; or
     
     _(b)_ any dwelling or substantial building.
     
   Penalty:
   
     Fine not exceeding 500 penalty units.
     
   _80. Conditions of mining lease_
   
         _(1)_ The Minister may grant an application for a lease subject
   to any conditions the Minister considers appropriate.
   
         _(2)_ If a lease is held by 2 or more persons, those persons are
   jointly and severally liable for complying with the conditions of the
   lease.
   
         _(3)_ The Minister may vary or rescind any condition of the
   lease.
   
         _(4)_ The department or authority responsible for the _Water
   Management Act 1999_ is to ensure, as far as practicable, that a
   lessee has sufficient access under that Act to water for the purposes
   of the lease.
   
                         _Division 2 - Mining leases_
   
   _81. Mining lease_
   
         _(1)_ On granting an application for a lease and on payment of
   the prescribed fee, the Minister is to issue a lease.
   
         _(2)_ A lease is to -
   
     _(a)_ be in an approved form; and
     
     _(b)_ include the following particulars:
     
     _(i)_ a description of the area of land over which it is granted;
     
     _(ii)_ the total area of that land;
     
     _(iii)_ the type of minerals in respect of which it is granted;
     
     _(iv)_ the terms and conditions to which it is subject;
     
     _(v)_ the period for which it is in force.
     
         _(3)_ The Minister may issue a lease with the endorsement
   "subject to survey".
   
         _(4)_ If a survey is carried out in respect of the area of land
   comprised in the lease, the Minister is to provide a supplement to the
   lease specifying the description of that area as ascertained by the
   survey.
   
   _82. Consolidated mining lease_
   
   The Minister may issue a consolidated lease in respect of more than
   one area of land if satisfied that greater facilities for mining
   operations are more likely if those areas of land are comprised in one
   lease.
   
   _83. Area of land comprised in mining lease_
   
         _(1)_ The area of land comprised in a lease is an area
   determined by the Minister and which is at least the minimum area
   required for mining operations.
   
         _(2)_ Land comprised in a lease may differ in size and shape
   from the land over which the lease was sought in the application for
   the lease.
   
         _(3)_ An area of land comprised in a lease must not include an
   area which -
   
     _(a)_ is already a mineral tenement for the mineral to which the
     mineral tenement relates; or
     
     _(b)_ is the subject of an application for a mineral tenement for
     the mineral to which the application relates.
     
   _84. Authority of mining lease_
   
         _(1)_ A lease authorises the lessee -
   
     _(a)_ to carry out mining operations in the area of land specified
     in the lease for minerals specified in the lease; and
     
     _(b)_ for that purpose, to enter on, and pass over, Crown land; and
     
     _(c)_ to enter on, or carry out mining operations on, private land
     within the mining lease if a compensation agreement is in force
     with the owner or occupier of that land.
     
         _(2)_ A person must not hinder or obstruct a lessee from
   carrying out any activity under the lease.
   
   Penalty:
   
     Fine not exceeding 100 penalty units.
     
   _85. Term of mining lease_
   
         _(1)_ A lease, unless revoked earlier, is in force for the
   period the Minister determines.
   
         _(2)_ The Registrar, by notice in writing, is to notify the
   lessee of the impending expiry of the lease at least 3 months before
   it ceases to be in force.
   
   _86. Exemption from conditions of mining lease_
   
         _(1)_ A lessee may apply to the Minister for an exemption from
   any condition of a lease.
   
         _(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 an application, the Minister is to
   issue the lessee 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.
     
   _87. Quarterly returns_
   
         _(1)_ A lessee is to submit to the Director a return within 14
   days after the end of each quarter.
   
         _(2)_ A return is to -
   
     _(a)_ be in an approved form; and
     
     _(b)_ be accompanied by a statutory declaration as to its accuracy;
     and
     
     _(c)_ specify the nature, quantity and value of the minerals
     obtained during the quarter; and
     
     _(d)_ specify the average number of persons employed during that
     quarter; and
     
     _(e)_ contain any other statistical information relating to the
     lease the Director requires.
     
         _(3)_ The Director may require a person who purchases a
   specified mining product to submit a return specifying the nature,
   quantity, value and source of that mining product.
   
   _88. Duties under mining lease_
   
   The lessee is to -
   
     _(a)_ carry out any mining operations efficiently, effectively and
     consistent with standards specified in any relevant Code of
     practice; and
     
     _(b)_ permit the Director to inspect any specimen or material
     obtained during any mining operations.
     
                           _Division 3 - Subleases_
   
   _89. Sublease_
   
         _(1)_ The lessee may apply to the Minister for approval to
   sublease a lease or part of a lease to another person.
   
         _(2)_ An application is to be -
   
     _(a)_ in an approved form; and
     
     _(b)_ accompanied by the instrument of sublease; and
     
     _(c)_ accompanied by the prescribed fee; and
     
     _(d)_ lodged with the Registrar within 28 days after the sublease
     is signed.
     
         _(3)_ The Registrar may extend the period referred to in
   subsection (2)(d) if satisfied that it is reasonable to do so.
   
   _90. Recommendation of application for sublease_
   
         _(1)_ The Director is to consider an application for a sublease.
   
         _(2)_ The Director may only recommend that the Minister grant an
   application for a sublease if satisfied that the person to whom a
   lease is to be subleased -
   
     _(a)_ intends to mine; and
     
     _(b)_ intends to comply with the Act; and
     
     _(c)_ has an appropriate mining plan; and
     
     _(d)_ is likely to have sufficient financial and technical
     resources to carry out the mining plan; and
     
     _(e)_ has provided the Director with sufficient information
     relating to the likely impact on the environment; and
     
     _(f)_ has provided a security deposit.
     
   _91. Approval of sublease_
   
         _(1)_ The Minister may -
   
     _(a)_ approve the application with or without conditions; or
     
     _(b)_ refuse to approve the application.
     
         _(2)_ The Minister, by notice in writing, must notify the lessee
   of -
   
     _(a)_ the approval of the application; or
     
     _(b)_ the refusal to approve the application and the reasons for
     the refusal.
     
         _(3)_ A sublease -
   
     _(a)_ is of no effect unless approved by the Minister; and
     
     _(b)_ takes effect, if approved, on the date of approval.
     
         _(4)_ This Part applies to a sublease as if it were a lease and
   the person holding the sublease were the lessee.
   
   _92. Term of sublease_
   
         _(1)_ A sublease ceases to be in force no later than the date
   the lease under which it is given ceases to be in force or is revoked
   or terminated.
   
         _(2)_ If the lease is revoked or terminated for any reason not
   due to the default of the holder of the sublease, the Minister, on the
   application of the holder, may grant the holder a lease under this
   Part.
   
         _(3)_ The term of a lease granted under subsection (2) is from
   the date on which the sublease was approved until -
   
     _(a)_ the end of the period determined under section 85; or
     
     _(b)_ any shorter period the Minister determines.
     
                     _Division 4 - Dealings with leases_
   
   _93. Application for transfer of mining lease_
   
         _(1)_ A lessee may apply to the Minister for approval to
   transfer a lease.
   
         _(2)_ An application is to be -
   
     _(a)_ in an approved form; and
     
     _(b)_ accompanied by the duly 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 satisfied that it is reasonable to do so.
   
         _(4)_ The Registrar, by notice in writing, is to notify any
   person who has lodged a caveat under Part 10 of an application lodged
   under this section.
   
         _(5)_ A notice under subsection (4) is to be sent by certified
   mail so as to be received 14 days before the approval takes effect.
   
         _(6)_ A person who has lodged a caveat under Part 10 may object
   to the Mining Tribunal against an application for approval to transfer
   a licence within 14 days after receipt of a notice under subsection
   (5).
   
   _94. Recommendation of application for transfer_
   
         _(1)_ The Director is to consider an application for the
   transfer of a lease.
   
         _(2)_ The Director may only recommend that the Minister grant an
   application for the transfer of a lease if satisfied that the
   applicant -
   
     _(a)_ intends to mine; and
     
     _(b)_ intends to comply with this Act; and
     
     _(c)_ has an appropriate mining plan; and
     
     _(d)_ is likely to have sufficient financial and technical
     resources to carry out the mining plan; and
     
     _(e)_ has provided the Director with sufficient information
     relating to the likely impact on the environment; and
     
     _(f)_ has provided a security deposit.
     
   _95. Approval of transfer of mining lease_
   
         _(1)_ The Minister may -
   
     _(a)_ approve the application with or without conditions; or
     
     _(b)_ refuse to approve the application.
     
         _(2)_ The Minister, by notice in writing, must notify the lessee
   of -
   
     _(a)_ the approval of the application; or
     
     _(b)_ the refusal to approve the application and the reasons for
     the refusal.
     
         _(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.
     
   _96. Application for renewal of mining lease_
   
         _(1)_ A lessee may apply to the Minister for a renewal of a
   lease not more than 3 months before and not later than one month after
   the lease ceases to be in force.
   
         _(2)_ An application is to be -
   
     _(a)_ in an approved form; and
     
     _(b)_ accompanied by the prescribed fee; and
     
     _(c)_ lodged with the Registrar.
     
   _97. Granting of application for renewal_
   
         _(1)_ The Minister may -
   
     _(a)_ grant an application for the renewal of a lease, with or
     without conditions; or
     
     _(b)_ refuse to grant the application.
     
         _(2)_ The Minister must grant the application if satisfied that
   -
   
     _(a)_ the lessee has submitted a mining plan for the renewal
     period; and
     
     _(b)_ the lessee has complied with the conditions of the lease and
     the provisions of this Act; and
     
     _(c)_ a failure to comply with any condition of a lease was
     exempted under section 86; and
     
     _(d)_ the lessee has provided a security deposit.
     
         _(3)_ The Director, 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.
     
         _(4)_ A lessee may appeal to the Mining Tribunal against the
   Minister's refusal to grant the application within 28 days after
   receipt of a notice under subsection (3)(b).
   
   _98. Term of renewed lease_
   
         _(1)_ A lease is renewed for the period, not exceeding 20 years,
   the Minister determines.
   
         _(2)_ If an application to renew a lease is granted before the
   lease ceases to be in force, the period referred to in subsection (1)
   starts on the day the lease would have ceased to be in force if it was
   not renewed.
   
         _(3)_ A lease continues in force -
   
     _(a)_ if an application for renewal is made but not granted before
     it ceases to be in force, until the application is granted, refused
     or withdrawn, whichever occurs first; and
     
     _(b)_ if an application is granted before it ceases to be in force,
     from the date on which it ceases to be in force until the end of
     the period referred to in subsection (1).
     
   _99. Revocation of mining lease_
   
         _(1)_ The Minister may revoke a lease or part of a lease if -
   
     _(a)_ the lessee fails to comply with, or contravenes -
     
     _(i)_ any provision of this Act; or
     
     _(ii)_ any condition of the lease; or
     
     _(b)_ satisfied that any area of land comprised in the lease is
     required for any public purpose; or
     
     _(c)_ satisfied that mining has not taken place for 12 months.
     
         _(2)_ Before revoking a lease or part of a lease under
   subsection (1)(a), the Minister -
   
     _(a)_ by notice in writing served on the lessee, is to notify the
     lessee of the intention to revoke the lease or part of the lease;
     and
     
     _(b)_ is to give the lessee an opportunity to make submissions and
     give evidence in relation to the matter.
     
         _(3)_ If the Minister revokes a lease or part of a lease, the
   Minister, by notice in writing, is to notify the lessee.
   
         _(4)_ If the Minister revokes a lease or part of a lease under
   subsection (1)(b), the lessee is entitled to compensation under Part
   8.
   
         _(5)_ The Minister, by notice published in the _Gazette_, may
   notify the revocation of a lease or part of a lease.
   
         _(6)_ A lessee may appeal to the Mining Tribunal against the
   Minister's decision to revoke the lease within 28 days after the date
   of the decision.
   
         _(7)_ The revocation of a lease 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.
     
   _100. Surrender of mining lease_
   
         _(1)_ A lessee may apply to the Director for approval to
   surrender a lease or part of a lease.
   
         _(2)_ An application for approval to surrender a lease or part
   of a lease is to be -
   
     _(a)_ in an approved form; and
     
     _(b)_ accompanied by the lease; 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
     the refusal.
     
                       _Division 5 - Rent and royalty_
   
   _101. Rent_
   
         _(1)_ A lessee must pay an annual rent to the Crown in respect
   of a lease at a prescribed rate.
   
         _(2)_ Subsection (1) does not apply to a lessee who is the owner
   of land and minerals to which the lease relates.
   
         _(3)_ Annual rent falls due on 1 July each year.
   
         _(4)_ If the lessee fails to pay the annual rent by 1 January in
   the following year, the Registrar is to cancel the lease and, by
   notice in writing, notify the lessee of the cancellation.
   
         _(5)_ A lessee may appeal to the Minister within 28 days after
   receipt of the notice of cancellation.
   
         _(6)_ The Minister may reinstate the lease if -
   
     _(a)_ an appeal is made within the period specified in
     subsection (5); and
     
     _(b)_ the Minister considers that reinstatement is warranted.
     
   _102. Royalty_
   
         _(1)_ Subject to subsection (1B), a lessee must pay royalty at a
   prescribed rate in respect of a mineral sold under a lease.
   
         _(1A)_ Subject to subsection (1B), a licensee must pay royalty
   at a prescribed rate in respect of a mineral sold under a licence.
   
         _(1B)_ A lessee or a licensee must pay royalty calculated at a
   prescribed rate in respect of a mineral sold under a lease or licence
   for -
   
     _(a)_ the years commencing 1 July 1996, 1 July 1997 and 1 July
     1998; and
     
     _(b)_ any year commencing on or after 1 July 1999.
     
         _(1C)_ The maximum rate of royalty payable under subsection (1B)
   is the prescribed maximum rate.
   
         _(2)_ Royalty is payable -
   
     _(a)_ from the date on which any mineral recovered under a lease or
     a licence is sold; and
     
     _(b)_ by the prescribed date and in respect of the prescribed
     period.
     
         _(3)_ A rate of royalty may be calculated -
   
     _(a)_ as a percentage of the value of the mineral; or
     
     _(b)_ as an amount based on specified measurement; or
     
     _(c)_ by reference to any other prescribed matter.
     
         _(4)_ Interest is payable on any royalty not paid by the due
   date at the prescribed rate.
   
         _(4A)_ The Minister may waive all or part of any interest
   payable under subsection (4), vary that rate of interest or defer
   payment of all or part of that interest.
   
         _(5)_ Royalty is payable -
   
     _(a)_ in respect of any mineral recovered from Crown land, to the
     Minister; and
     
     _(b)_ in respect of any mineral recovered from private land -
     
     _(i)_ to the owner of the land if the owner owns the mineral; or
     
     _(ii)_ to the owner of the mineral if the owner is not the owner of
     the land; or
     
     _(iii)_ to the Crown if the Crown owns the mineral.
     
         _(6)_ For the purposes of calculating the rate of royalty,
   regulations may prescribe the manner in which -
   
     _(a)_ the quantity of minerals is to be calculated; and
     
     _(b)_ the value of minerals is to be calculated.
     
         _(7)_ The Minister may waive all or part of royalty payable,
   vary the rate of royalty payable or defer payment of all or part of
   royalty payable in respect of any mineral recovered under a lease in
   respect of Crown land or private land if -
   
     _(a)_ the mineral recovered vests in the Crown; and
     
     _(b)_ the Minister is satisfied that the mineral is being used for
     a community purpose approved by the Minister.
     
         _(8)_ The owner of a mineral recovered from private land may
   waive all or part of royalty.
   
         _(9)_ Royalty is not payable in respect of any mineral,
   recovered on Crown land or a State forest, which is required for the
   purposes of the Crown.
   
   _102A. Royalty rebate_
   
         _(1)_ The Minister, after consultation with the Treasurer, may
   grant a rebate on royalty payable subject to any conditions, and for
   any period, the Minister considers appropriate.
   
         _(2)_ A rebate on royalty payable is to be at a prescribed rate.
   
   _103. Recovery and collection of royalty_
   
         _(1)_ Royalty and any interest on royalty payable under this
   Part are -
   
     _(a)_ debts due to the Crown if the Crown owns the land or the
     minerals; or
     
     _(b)_ debts due to the owner of land if the owner owns the mineral.
     
         _(2)_ The Minister, on payment of the prescribed fee by an owner
   of Category 1, 2 or 5 minerals is to arrange for the collection, on
   behalf of the owner, of royalty payable in respect of the minerals.
   
         _(3)_ .  .  .  .  .  .  .  .
   
                     _Division 6 - Miscellaneous matters_
   
   _104. Termination of interest in mining lease_
   
   Any interest in a lease terminates on the date on which the lease
   ceases to be in force or is revoked or surrendered.
   
   _105. Removal of building, machinery and property_
   
         _(1)_ A former lessee or a person lawfully claiming under the
   lessee may enter land to remove any building, machinery or other
   property belonging to the former lessee from the land within 6 months
   after any interest of the former lessee in the lease is terminated.
   
         _(2)_ The Minister may require a former lessee to remove any
   building, machinery or other property at any time within the period
   referred to in subsection (1) if satisfied that the presence of the
   building, machinery or other property is likely to interfere with the
   mining or rehabilitation of the land.
   
         _(3)_ A person must not remove any building, machinery or other
   property after the period referred to in subsection (1) without the
   written approval of the Director.
   
   Penalty:
   
     Fine not exceeding 100 penalty units.
     
         _(4)_ Any building, machinery or other property on Crown land
   which has not been removed vests in the Crown.
   
         _(5)_ Any building, machinery or other property on private land
   which has not been removed vests in the owner of the land unless the
   former lessee and owner agree otherwise.
   
   _106. Lease for storage_
   
         _(1)_ A former lessee may apply to the Minister for a lease to
   store any building, machinery, mining product or other property on the
   land.
   
         _(2)_ An application is to be -
   
     _(a)_ in an approved form; and
     
     _(b)_ lodged with the Registrar within 6 months after the lease
     ceases to have effect.
     
         _(3)_ The Minister may -
   
     _(a)_ grant the application with or without conditions and subject
     to any rent the Minister determines; or
     
     _(b)_ refuse to grant the application.
     
         _(4)_ The Minister may cancel a lease if the lessee fails to
   comply with, or contravenes, any condition of the lease.
   
         _(5)_ A person to whom a lease is granted under this section may
   also apply for a lease under section 70.
   
         _(6)_ A lease issued under this section ceases to have effect on
   the granting of a lease under section 78 in respect of all or part of
   the land to which the lease under this section relates.
   
             _PART 5 - Prospecting Licences and Fossicking Areas_
   
                     _Division 1 - Prospecting licences_
   
   _107. Prospecting without licence prohibited_
   
   A person must not prospect unless the person is the holder of a
   prospecting licence.
   
   Penalty:
   
     Fine not exceeding 100 penalty units.
     
   _108. Application for prospecting licence_
   
         _(1)_ A person may apply to the Director for a prospecting
   licence.
   
         _(2)_ An application is to -
   
     _(a)_ be in an approved form; and
     
     _(b)_ be accompanied by the prescribed fee; and
     
     _(c)_ contain any other prescribed details; and
     
     _(d)_ be lodged with the Registrar.
     
   _109. Granting application for prospecting licence_
   
         _(1)_ The Director may -
   
     _(a)_ grant the application for a licence; or
     
     _(b)_ refuse to grant the application.
     
         _(2)_ The Director, by notice in writing, must notify an
   applicant of -
   
     _(a)_ the grant of the application; or
     
     _(b)_ the refusal to grant the application and the reasons for the
     refusal.
     
   _110. Conditions of prospecting licence_
   
         _(1)_ The Director may grant an application for a licence
   subject to any condition the Director considers appropriate.
   
         _(2)_ The Director may vary or rescind any condition of the
   licence.
   
   _111. Prospecting licence_
   
         _(1)_ On granting an application for a licence and on payment of
   the prescribed fee, the Director is to issue a licence.
   
         _(2)_ A licence is to -
   
     _(a)_ be issued to an individual; and
     
     _(b)_ be in an approved form; and
     
     _(c)_ specify the period for which it is in force.
     
   _112. Authority of prospecting licence_
   
         _(1)_ The holder of a licence may prospect on -
   
     _(a)_ any Crown land which is not subject to a mineral tenement; or
     
     _(b)_ any Crown land which is subject to a mineral tenement with
     the written consent of the tenement holder; or
     
     _(c)_ any other land which is subject to a mineral tenement with
     the written consent of the tenement holder and the owner or
     occupier of the land; or
     
     _(d)_ any private land with the consent of the owner or occupier.
     
         _(2)_ A licence authorises the licensee -
   
     _(a)_ to map any area of land to which the licence relates; and
     
     _(b)_ to collect rock or mineral samples by hand; and
     
     _(c)_ to collect water and soil samples by hand; and
     
     _(d)_ to take geophysical measurements using hand-held instruments.
     
         _(3)_ The owner or occupier of land or the holder of a mineral
   tenement may -
   
     _(a)_ give consent subject to any condition; or
     
     _(b)_ withdraw that consent at any time.
     
         _(4)_ A holder of a mineral tenement who refuses to give consent
   for the holder of a licence to prospect on land which is subject to
   the mineral tenement must give that person written reasons for the
   refusal.
   
   _113. Term of prospecting licence_
   
   A licence, unless revoked earlier, is in force for a period, not
   exceeding one year, the Director determines.
   
   _114. Revocation of prospecting licence_
   
   The Director may revoke a licence if the licensee fails to comply
   with, or contravenes -
   
     _(a)_ any provision of this Act; or
     
     _(b)_ any condition of the licence.
     
   _115. Reports and work program_
   
   The Director may require the holder of a prospecting licence to
   provide the Director with -
   
     _(a)_ a work program relating to any prospecting carried out under
     that licence; and
     
     _(b)_ reports relating to that prospecting.
     
                       _Division 2 - Fossicking areas_
   
   _116. Fossicking areas_
   
         _(1)_ The Minister, by order, may declare any area to be a
   fossicking area if satisfied that -
   
     _(a)_ no other mineral tenement exists in respect of that area; or
     
     _(b)_ if another mineral tenement exists in respect of that area,
     fossicking in that area is not likely to interfere to any
     substantial degree with anything done under that mineral tenement.
     
         _(2)_ Any person may fossick in a fossicking area without a
   licence subject to any conditions the Minister determines.
   
                      _PART 6 - Drill Core and Cutting_
   
              _Division 1 - Exploration and retention licences_
   
   _117. Notification by licensee of drill core and cutting recovered_
   
         _(1)_ The holder of an exploration licence or retention licence,
   by notice in writing, is to notify the Director of any drill core or
   cutting recovered from land in the licence area.
   
         _(2)_ A notice is to -
   
     _(a)_ identify, to the satisfaction of the Director, the place from
     which any drill core or cutting was recovered; and
     
     _(b)_ contain the date on which it was recovered.
     
   _118. Disposal by licensee_
   
   A licensee must not dispose of a drill core or cutting or that part of
   it which is not required for assay or other geoscientific
   investigation except in accordance with any written directions of the
   Director.
   
   Penalty:
   
     Fine not exceeding 100 penalty units.
     
   _119. Deposit by licensee of drill core or cutting_
   
         _(1)_ A licensee, unless the drill core or cutting has been
   disposed of, is to deposit with the Director, at the licensee's
   expense, the drill core or cutting recovered from land as soon as
   practicable after the land ceases to be -
   
     _(a)_ in a licence area; or
     
     _(b)_ the subject of an application for the grant of an exploration
     licence, a retention licence or a lease.
     
         _(2)_ The Director may require the licensee to deposit with the
   Director, at the licensee's expense, a drill core or cutting which is
   stored under section 123.
   
                         _Division 2 - Mining leases_
   
   _120. Notification by lessee of drill core and cutting recovered_
   
         _(1)_ A lessee, by notice in writing, is to notify the Director
   of any drill core or cutting recovered from a hole of more than 15
   metres in length drilled on land within the lease area.
   
         _(2)_ A notice is to -
   
     _(a)_ identify the location of the drill hole; and
     
     _(b)_ give a detailed account of the material drilled or obtained;
     and
     
     _(c)_ contain any other information the Director requires.
     
   _121. Disposal and deposit by lessee_
   
         _(1)_ A lessee must not dispose of a drill core or cutting
   stored under section 123 unless the lessee has given 3 months' notice
   in writing to the Director.
   
   Penalty:
   
     Fine not exceeding 100 penalty units.
     
         _(2)_ The Director may require the lessee to deposit with the
   Director, at the lessee's expense, a drill core or cutting which is
   stored under section 123.
   
   _122. Deposit by lessee of drill core or cutting_
   
   A lessee, unless the drill core or cutting has been disposed of, is to
   deposit with the Director, at the lessee's expense, the drill core or
   cutting recovered from land as soon as practicable after the land
   ceases to be -
   
     _(a)_ in a lease area; or
     
     _(b)_ the subject of an application for the grant of a retention
     licence.
     
                     _Division 3 - Miscellaneous matters_
   
   _123. Labelling, storing and preserving of drill core or cutting_
   
         _(1)_ A licensee or lessee is to label a drill core or cutting
   or that part of it which is not required for assay or other
   geoscientific investigation.
   
         _(2)_ A licensee or lessee is to label, store and preserve a
   drill core or cutting in accordance with any requirements the Director
   determines.
   
         _(3)_ This section does not apply if a drill hole is sunk in
   surface gravel or alluvial ground.
   
   _124. Inspection of drill core and cutting_
   
         _(1)_ A licensee or lessee is to make available any drill core
   or cutting stored under section 123 for inspection by the Director or
   any other person authorised by the Director.
   
         _(2)_ The Director or other person while inspecting a drill core
   or cutting may take samples of the drill core and cutting for assay or
   other geoscientific investigation.
   
         _(3)_ The Director is to ensure that any information obtained as
   a result of an assay or investigation is not published unless -
   
     _(a)_ the licensee or lessee consents; or
     
     _(b)_ the Minister otherwise directs.
     
         _(4)_ Any information obtained as a result of an assay or
   geoscientific investigation is exempt from the provisions of the
   _Right to Information Act 2009_.
   
   _125. Library of drill core and cuttings_
   
         _(1)_ The Director is to maintain a library of drill core and
   cuttings deposited with the Director.
   
         _(2)_ The Director may dispose of any drill core or cutting as
   the Director thinks fit.
   
   _126. Examination of drill core or cutting_
   
         _(1)_ Subject to subsections (2) and (3), any person may examine
   any drill core or cutting deposited with the Director at any place the
   Director thinks fit during normal business hours.
   
         _(2)_ A person must not examine a drill core or cutting taken
   from a licence area and stored with the Director in accordance with a
   direction under section 118 -
   
     _(a)_ while the land from which it was taken -
     
     _(i)_ remains in the licence area; or
     
     _(ii)_ is the subject of a retention licence or lease without
     interruption from the date on which the drill core or cutting was
     taken; or
     
     _(iii)_ is the subject of an application for a retention licence or
     a lease; and
     
     _(b)_ without the written approval of the licensee, lessee or the
     applicant.
     
         _(3)_ A person may not examine a drill core or cutting taken
   from a lease area and stored in accordance with any requirements of
   the Director under section 123 -
   
     _(a)_ while the land from which it was taken -
     
     _(i)_ remains in the lease area; or
     
     _(ii)_ is the subject of a retention licence without interruption
     from the date on which the drill core or cutting was taken; or
     
     _(iii)_ is the subject of an application for a retention licence;
     and
     
     _(b)_ without the written approval of the lessee, licensee or
     applicant.
     
                        _PART 7 - Claims and Appeals_
   
                 _Division 1 - Jurisdiction and proceedings_
   
   _127. Mining Tribunal_
   
         _(1)_ There is established a Mining Division of the Magistrates
   Court of Tasmania to be known as the Mining Tribunal.
   
         _(2)_ For the purposes of exercising its jurisdiction, the
   Mining Tribunal is to be constituted by a magistrate.
   
   _128. Jurisdiction of Mining Tribunal_
   
   The Mining Tribunal has jurisdiction to hear and determine proceedings
   relating to any of the following matters:
   
     _(a)_ the area, dimension or boundary of land which is subject to a
     mineral tenement;
     
     _(b)_ the right to the possession or occupation of land under a
     licence or lease;
     
     _(c)_ the right to the use and enjoyment of water for exploring or
     mining;
     
     _(d)_ trespass or encroachment on, or injury to, land which is
     subject to a mineral tenement;
     
     _(e)_ any demand for debt or damages arising out of prospecting,
     exploring or mining;
     
     _(f)_ any demand for specific performance of any contract relating
     to a mineral tenement or mining;
     
     _(g)_ the right to any mineral in, or to be recovered from, any
     land which is subject to mineral tenement and the rights under, or
     arising out of, any contract relating to any such mineral;
     
     _(h)_ any transfer or disposition of, or charge on, a mineral
     tenement;
     
     _(i)_ any matter concerning -
     
     _(i)_ any partnership or joint venture relating to a mineral
     tenement, prospecting, exploring or mining; or
     
     _(ii)_ the existence, formation and dissolution of that partnership
     or joint venture; or
     
     _(iii)_ the taking of accounts in connection with that partnership
     or joint venture; or
     
     _(iv)_ the contributions of the partners as between themselves; or
     
     _(v)_ the determination of questions arising between the partners;
     
     _(j)_ contributions by or between persons holding joint or several
     interests in a mineral tenement towards rent or other expenses in
     relation to a mineral tenement;
     
     _(k)_ trespass or encroachment on land as a result of prospecting,
     exploring or mining;
     
     _(l)_ trespass or encroachment on, injury to or any matter
     affecting roads, railways or other property constructed, held or
     occupied under this Act;
     
     _(m)_ the working or management of land which is subject to a
     mineral tenement;
     
     _(n)_ all rights claimed in, under or in relation to a mineral
     tenement or purported mineral tenement;
     
     _(o)_ any interest in, or affecting, a mineral tenement;
     
     _(p)_ the unauthorised removal of any mineral from land which is
     subject to a mineral tenement;
     
     _(q)_ the refusal of the holder of an exploration licence to give
     consent to the holder of a prospecting licence to prospect on land
     which is subject to the exploration licence;
     
     _(r)_ the infringement of, or interference with, any right under
     this Act;
     
     _(s)_ the amount of compensation payable for loss or damage caused
     to land;
     
     _(t)_ any dispute relating to a mineral tenement or former mineral
     tenement between the holder of the mineral tenement and the owner
     or occupier of land;
     
     _(u)_ any dispute relating to a mineral tenement or former mineral
     tenement in respect of private land;
     
     _(v)_ any appeals and objections under this Act.
     
   _129. Claims_
   
         _(1)_ A person may lodge a claim with the Registrar in relation
   to a matter referred to in section 128 other than an appeal under this
   Act.
   
         _(2)_ The Registrar is to refer the claim to the Director within
   7 days after it is lodged.
   
   _130. Claim resolution_
   
         _(1)_ The Director is to attempt to resolve any claim lodged
   under section 129.
   
         _(2)_ Any party to a claim may require the Director to attempt
   to resolve the claim within 28 days.
   
         _(3)_ A resolution of a claim to the satisfaction of all parties
   is final and binding on the parties.
   
         _(4)_ The Director is to prepare, and the Registrar is to keep,
   a record of the terms of the resolution of a claim.
   
         _(5)_ A record of the terms of the resolution of a claim is
   conclusive evidence of those terms.
   
         _(6)_ The Director is to notify the Registrar if the Director is
   unable to resolve the claim to the satisfaction of all parties.
   
         _(7)_ The Registrar is to refer a claim to the Mining Tribunal
   within 7 days of receiving the notification.
   
   _131. Hearings and proceedings_
   
         _(1)_ The practice and procedure of the Mining Tribunal is to be
   in accordance with the rules of court applicable to the Magistrates
   Court (Civil Division).
   
         _(1A)_ The Mining Tribunal is to hear and determine proceedings
   relating to an appeal under this Act -
   
     _(a)_ by taking into account only the evidence and documents the
     Minister relied on when he or she made the decision under the Act
     to which the proceedings relate; or
     
     _(b)_ by way of a new hearing if both parties to the appeal agree.
     
         _(2)_ The Mining Tribunal -
   
     _(a)_ is not bound by the rules of evidence; and
     
     _(b)_ must observe the principles of natural justice.
     
         _(3)_ Any evidence is to be taken on oath or affirmation and
   recorded.
   
         _(4)_ A party to any proceedings may appear before the Mining
   Tribunal -
   
     _(a)_ in person; or
     
     _(b)_ by representation by an Australian legal practitioner if-
     
     _(i)_ the other parties agree; or
     
     _(ii)_ the Mining Tribunal grants leave.
     
         _(5)_ Proceedings are not invalid by reason only of -
   
     _(a)_ any inaccurate description of a person or place in any
     document; or
     
     _(b)_ any defect or error in any document.
     
   _132. Witnesses_
   
   A person must not fail to appear as a witness at a hearing when
   summoned.
   
   Penalty:
   
     Fine not exceeding 10 penalty units.
     
   _133. Orders of Mining Tribunal_
   
         _(1)_ The Mining Tribunal may make any order it considers
   appropriate -
   
     _(a)_ to determine any claim brought before it; or
     
     _(b)_ to enforce any order previously made.
     
         _(2)_ A certified copy of an order is to be -
   
     _(a)_ served on a person; or
     
     _(b)_ if the person cannot be found within 7 days after the order
     is made, published in a newspaper generally circulating in the area
     to which the order relates.
     
         _(3)_ A person must not fail to comply with, or contravene, an
   order of the Mining Tribunal.
   
   Penalty:
   
     Fine not exceeding 50 penalty units.
     
         _(4)_ The Mining Tribunal has the same powers in relation to the
   enforcement of its judgments and orders as the Supreme Court has in
   relation to its judgments and orders.
   
         _(5)_ An order of the Mining Tribunal for the payment of any
   money -
   
     _(a)_ is taken to be a judgment of the Magistrates Court (Civil
     Division); and
     
     _(b)_ is enforceable accordingly.
     
   _134. Ejection or seizure_
   
         _(1)_ If a person fails to comply with an order for the delivery
   to any other person of any thing, the Mining Tribunal, by warrant, may
   authorise any police officer or person named in the warrant -
   
     _(a)_ to eject the person from a mining tenement; or
     
     _(b)_ to seize the thing.
     
         _(2)_ The costs and expenses incidental to the warrant and any
   action taken under the warrant are debts -
   
     _(a)_ due by the person failing to comply with, or contravening,
     the order to the person to whom delivery was ordered; and
     
     _(b)_ recoverable in the Magistrates Court (Civil Division).
     
   _135. Costs_
   
   The Mining Tribunal may award or apportion costs in any proceedings.
   
   _136. Register of claims and decisions_
   
         _(1)_ The Mining Tribunal is to keep a register of -
   
     _(a)_ the particulars of each claim; and
     
     _(b)_ any decision and order it makes.
     
         _(2)_ On payment of the prescribed fee, a person may -
   
     _(a)_ inspect the register; and
     
     _(b)_ obtain a copy of an entry in the register.
     
   _137. Questions of law_
   
         _(1)_ The Mining Tribunal, at the request of any person or of
   its own initiative, may refer any question of law to the Supreme Court
   for its opinion.
   
         _(2)_ The Mining Tribunal must not make any decision or order in
   respect of a matter on which a question has been referred until the
   Supreme Court gives its opinion on the question.
   
         _(3)_ The Supreme Court may make any order as to the costs of,
   and incidental to, the hearing of the question.
   
   _138. Transfer of proceedings into Supreme Court_
   
         _(1)_ A party to any proceeding under this Part may apply to the
   Supreme Court or a judge for the proceeding to be transferred to the
   Supreme Court.
   
         _(2)_ An application may be made even if the proceedings are
   wholly or partly beyond the jurisdiction of the Supreme Court.
   
         _(3)_ The Supreme Court or a judge may order that proceedings be
   transferred to the Supreme Court if satisfied that it is desirable to
   do so.
   
   _139. Transfer of proceedings to Mining Tribunal_
   
         _(1)_ A court in which proceedings are taken in respect of a
   matter over which the Mining Tribunal has jurisdiction may -
   
     _(a)_ stay the proceedings; and
     
     _(b)_ make an order transferring the proceedings to the Mining
     Tribunal.
     
         _(2)_ An order under subsection (1)(b) may make provision as to
   the costs of, and incidental to, the initial proceedings.
   
                            _Division 2 - Appeals_
   
   _140. Appeals_
   
         _(1)_ Subject to section 143, a party to proceedings under this
   Part may appeal to the Supreme Court against an order of the Mining
   Tribunal.
   
         _(2)_ An appeal -
   
     _(a)_ is to be made in writing within 28 days after the order is
     made; and
     
     _(b)_ is to state the grounds of the appeal.
     
         _(3)_ An appellant is to serve a copy of the notice -
   
     _(a)_ on the Mining Tribunal; and
     
     _(b)_ on each other party to the proceedings.
     
         _(4)_ The Mining Tribunal is to transmit to the Supreme Court
   all the evidence, notes, reasons and proceedings in relation to the
   subject matter of the appeal.
   
         _(5)_ A notice of appeal does not operate as a stay of
   proceedings before the Mining Tribunal but the Supreme Court, on the
   application of any party, may make an order in respect of -
   
     _(a)_ the stay of proceedings; or
     
     _(b)_ the suspension of mining; or
     
     _(c)_ the appointment of receivers.
     
         _(6)_ An order staying proceedings lapses on the withdrawal or
   abandonment of an appeal.
   
   _141. Hearing of appeal_
   
   An appeal from the Mining Tribunal is to be determined -
   
     _(a)_ on the proceedings of the Mining Tribunal; or
     
     _(b)_ on the order of the Supreme Court by way of a new hearing; or
     
     _(c)_ on the agreement of the parties by way of a new hearing.
     
   _142. Withdrawal and dismissal of appeal_
   
         _(1)_ An appellant may withdraw an appeal at any time.
   
         _(2)_ If an appeal is withdrawn or abandoned, the respondent may
   apply to a judge for the appeal to be dismissed.
   
         _(3)_ A judge may -
   
     _(a)_ dismiss the appeal; and
     
     _(b)_ make an order as to costs of, or incidental to, the appeal.
     
   _143. Exceptions to rights of appeal_
   
   There is no right of appeal against an order of the Mining Tribunal in
   respect of -
   
     _(a)_ any proceeding in which the parties agree that the order of
     the Mining Tribunal is final; or
     
     _(b)_ any matter for which it is provided that the order of the
     Mining Tribunal is final.
     
                           _PART 8 - Compensation_
   
                         _Division 1 - Private land_
   
   _144. Compensation for compensable loss_
   
         _(1)_ Compensation is payable by the licensee or lessee to the
   owner or occupier of private land for any compensable loss suffered or
   likely to be suffered as a consequence of exploration or mining under
   the licence or lease.
   
         _(2)_ Compensation is not payable -
   
     _(a)_ for the value of any mineral in or under the surface of land
     comprised in a licence or lease; or
     
     _(b)_ in respect of any land which became private land after the
     commencement of work or mining on that land under the licence or
     lease.
     
         _(3)_ Compensation is payable at a rate -
   
     _(a)_ specified in a compensation agreement; or
     
     _(b)_ if there is no agreement, determined by the Mining Tribunal
     under section 150.
     
         _(4)_ The amount of compensation payable -
   
     _(a)_ is not affected by any subsequent change in the ownership or
     occupancy of the land; and
     
     _(b)_ must not be greater if the land is owned and occupied by
     different persons than if it is not.
     
   _145. Compensation agreement for compensable loss_
   
         _(1)_ A licensee or lessee may enter into an agreement with the
   owner or occupier of land as to the amount of compensation payable
   under section 144.
   
         _(2)_ A compensation agreement is to include the following
   matters:
   
     _(a)_ a description of the proposed work or mining and the location
     and area of the work or mining;
     
     _(b)_ the anticipated date of commencement and anticipated duration
     of the proposed work or mining;
     
     _(c)_ the agreed point or points of entry onto and exit from the
     land for the purposes of the work or mining;
     
     _(d)_ the number and type of vehicles, plant and equipment
     involved;
     
     _(e)_ a description of the facilities and sanitary arrangements to
     be provided on the land.
     
   _146. Claim for compensation for licences_
   
   A claim for compensation in respect of an exploration licence or
   retention licence for compensable loss which is not the subject of a
   compensation agreement is to be made not later than 3 months after
   whichever of the following occurs last:
   
     _(a)_ work or mining which caused the compensable loss ceases;
     
     _(b)_ the licence under the authority of which the compensable loss
     occurred ceases to be in force;
     
     _(c)_ the affected land ceases to be occupied.
     
                          _Division 2 - Crown land_
   
   _147. Compensation for damage to improvements_
   
         _(1)_ Compensation is payable by a licensee or lessee to the
   Crown for any damage to any improvement on the land carried out by or
   for the Crown if the improvement was carried out -
   
     _(a)_ before the lease or licence was issued; or
     
     _(b)_ after consultation with the licensee or lessee.
     
         _(2)_ Compensation is payable by a licensee or lessee to a Crown
   lessee or Crown licensee for any damage to any improvement on the land
   if -
   
     _(a)_ the improvement was approved under the _Crown Lands Act
     1976_, the _Forestry Act 1920_ or the _Living Marine Resources
     Management Act 1995_; and
     
     _(b)_ the improvement was carried out -
     
     _(i)_ before the lease or licence was issued; or
     
     _(ii)_ after consultation with the licensee or lessee.
     
         _(3)_ This section applies -
   
     _(a)_ to Crown land if a Crown licence or Crown lease in respect of
     that land has been cancelled because of the damage; and
     
     _(b)_ to a person who has ceased to be a licensee or lessee after
     the damage has occurred.
     
         _(4)_ Compensation is payable at a rate -
   
     _(a)_ agreed to by the parties under section 148; or
     
     _(b)_ if there is no agreement, determined by the Mining Tribunal
     under section 150.
     
   _148. Compensation agreement for damage to improvement_
   
         _(1)_ A licensee or lessee may enter into an agreement with a
   Crown lessee or Crown licensee as to the amount of compensation
   payable under section 147.
   
         _(2)_ A licensee or lessee is to lodge a copy of the agreement
   with the Director.
   
                        _Division 3 - Public purpose_
   
   _149. Compensation for revocation due to public purpose_
   
         _(1)_ Compensation is payable by the Crown to the holder of a
   lease which is revoked under section 99(1)(b).
   
         _(2)_ The holder of the lease may enter into an agreement with
   the Crown as to the amount of compensation payable.
   
                      _Division 4 - General provisions_
   
   _150. Determination of compensation_
   
         _(1)_ If there is no compensation agreement, any person who is
   the owner or occupier of land, the Crown lessee or Crown licensee, the
   holder of a mineral tenement or an applicant for a mineral tenement
   may apply to the Mining Tribunal to determine the amount of
   compensation payable under this Part in regard to land in which that
   person has an estate or interest.
   
         _(2)_ In determining the amount of compensation payable, the
   Mining Tribunal is to take into account any amount previously paid for
   compensation.
   
   _151. Disputes as to compensation payable_
   
         _(1)_ A party to a compensation agreement may apply to the
   Mining Tribunal to determine a dispute arising out of the agreement.
   
         _(2)_ The Mining Tribunal may determine a dispute only if
   satisfied, after considering evidence put to it, that the party has
   attempted to settle the dispute but has been unable to do so because -
   
     _(a)_ the other party has refused to negotiate a settlement; or
     
     _(b)_ both parties are unable to settle the dispute.
     
             _PART 9 - Geoscientific Investigation and Research_
   
         _Division 1 - Powers relating to investigation and research_
   
   _152. Contracts for investigation and research_
   
   The Minister may -
   
     _(a)_ enter into any contract relating to investigation and
     research of the geology in this State; and
     
     _(b)_ do anything necessary or convenient for the purpose of this
     Part.
     
   _153. Geoscientific investigation and research_
   
   The Minister may -
   
     _(a)_ devise plans for investigation and research of the geology in
     this State; and
     
     _(b)_ arrange for any other person to carry out the investigation
     and research.
     
   _154. Purchase of plant and equipment_
   
         _(1)_ The Minister may purchase any plant, machinery, vehicle or
   equipment necessary or desirable for the purposes of this Part.
   
         _(2)_ The Minister may lease any plant, machinery, vehicle or
   equipment on any terms and conditions the Minister considers
   appropriate.
   
   _155. Surveys_
   
   The Minister may cause to be carried out any geological, geophysical,
   geochemical, topographical or other survey necessary or desirable for
   the purposes of this Part.
   
   _156. Research_
   
   The Minister may promote or undertake any research or inquiry relating
   to -
   
     _(a)_ the treatment of any mineral or earth; and
     
     _(b)_ the marketing of any mineral or earth; and
     
     _(c)_ the remediation of any land affected by mining.
     
   _157. Drilling operations_
   
         _(1)_ The Minister may authorise any person to carry out -
   
     _(a)_ percussion drilling operations; or
     
     _(b)_ diamond drilling operations; or
     
     _(c)_ any other boring operations.
     
         _(2)_ Any operations carried out on land administered by the
   Minister responsible for the administration of the _National Parks and
   Reserves Management Act 2002_ are to be carried out in accordance with
   any management plan in respect of that land.
   
   _158. Appointment of employees_
   
   Subject to and in accordance with the _State Service Act 2000_,
   persons may be appointed or employed for the purposes of this Part.
   
                     _Division 2 - Financial provisions_
   
   _159. Geoscientific Investigation and Research Trust Fund_
   
         _(1)_ There is established in Treasury a Geoscientific
   Investigation and Research Trust Fund.
   
         _(2)_ The Geoscientific Trust Fund consists of -
   
     _(a)_ any money appropriated by Parliament for the purpose of this
     Part; and
     
     _(b)_ any money received for the hire of any plant, machinery,
     vehicle or equipment under this Part; and
     
     _(c)_ any other money received for the purpose of this Part; and
     
     _(d)_ any money the Treasurer directs to be paid into the
     Geoscientific Trust Fund.
     
   _160. Application of Geoscientific Trust Fund_
   
   Any money in the Geoscientific Trust Fund is to be applied for -
   
     _(a)_ any specified geoscientific investigation or research; or
     
     _(b)_ any survey carried out under section 155; or
     
     _(c)_ any inquiry under section 156; or
     
     _(d)_ any application for financial assistance; or
     
     _(e)_ any other purpose the Minister directs.
     
   _161. Financial assistance_
   
         _(1)_ A person may apply to the Minister for financial
   assistance in carrying out any investigation and research under this
   Part.
   
         _(2)_ An application is to -
   
     _(a)_ be in writing; and
     
     _(b)_ contain any details the Minister requires; and
     
     _(c)_ be lodged with the Director.
     
         _(3)_ The Minister may -
   
     _(a)_ grant the application, subject to any condition the Minister
     considers appropriate; or
     
     _(b)_ refuse to grant the application.
     
         _(4)_ The Minister, by notice in writing, must notify the
   applicant of -
   
     _(a)_ the grant of an application; or
     
     _(b)_ the refusal to grant the application and the reasons for the
     refusal.
     
                          _PART 9A - Landslip Areas_
   
   _161A. Interpretation_
   
   In this Part -
   
     _A landslip area_ means an area of land declared under
     section 161B(1) to be an A landslip area;
     
     _affected owner_ means an owner of land that is likely to be
     affected by the making of an order under section 161B(1);
     
     _B landslip area_ means an area of land declared under
     section 161B(1) to be a B landslip area;
     
     _landslip area_ means an area of land declared under
     section 161B(1) to be an A landslip area or B landslip area.
     
   _161B. Declaration of landslip areas_
   
         _(1)_ The Minister on the recommendation of the Director, by
   order, may declare an area of a municipal area to be an A landslip
   area or a B landslip area.
   
         _(2)_ The Director may make a recommendation under
   subsection (1) if satisfied that the specified area is subject to
   earth movement because of inherent instability.
   
         _(3)_ The Director must give the council of the relevant
   municipal area written notice of his or her intention to recommend the
   making of an order under subsection (1).
   
         _(4)_ The council of the relevant municipal area, within 30 days
   after receiving the Director's notice, may notify the Director in
   writing that the council objects to the intended recommendation.
   
         _(5)_ The Director must give each affected owner within the
   proposed landslip area written notice of -
   
     _(a)_ his or her intention to recommend the making of the order;
     and
     
     _(b)_ the effect that the making of the order would have; and
     
     _(c)_ the affected owner's right to object to the intended
     recommendation.
     
         _(6)_ An affected owner, within 30 days after receiving the
   Director's notice, may notify the Director in writing that the
   affected owner objects to the intended recommendation.
   
         _(7)_ A notice under subsection (3) or (5) must adequately
   identify the proposed landslip area.
   
         _(8)_ Before making a recommendation under subsection (1), the
   Director must -
   
     _(a)_ consider each objection notified under subsection (4) or (6);
     and
     
     _(b)_ notify each objecting affected owner, and the relevant
     council, of the outcome of the objection.
     
         _(9)_ Subsections (3), (4), (5), (6), (7) and (8) do not apply
   if the Director reasonably considers that an order under
   subsection (1) should be made urgently.
   
         _(10)_ An order under subsection (1) takes effect on the day
   specified in the order, being a day that is at least 30 days after its
   making is notified in the _Gazette_.
   
   _161C. Registration of landslip area order_
   
         _(1)_ As soon as practicable after making an order under
   section 161B, the Minister must cause it to be registered by -
   
     _(a)_ for land in the landslip area that is under the _Land Titles
     Act 1980_, lodging with the Recorder of Titles a copy of the order
     and a statement signed by the Minister specifying the titles
     affected by the order; and
     
     _(b)_ for other land in the landslip area, filing with the Recorder
     of Titles a certified copy of the order under the _Registration of
     Deeds Act 1935_ as if it were an instrument to which the Minister
     is a party.
     
         _(2)_ The Recorder of Titles must record the particulars of an
   order registered under subsection (1)(a) on all titles to land
   affected by the order.
   
         _(3)_ An order recorded on a title to land is an interest for
   the purposes of section 40 of the _Land Titles Act 1980_.
   
         _(4)_ The Director must -
   
     _(a)_ endorse a certified copy of an order registered under
     subsection (1)(b) with a statement that the order has been
     registered under this section; and
     
     _(b)_ keep it and all other relevant documents relating to the
     order.
     
   _161D. Revocation or amendment of landslip area order_
   
         _(1)_ The Minister on the recommendation of the Director may, by
   order -
   
     _(a)_ revoke an order made under section 161B; or
     
     _(b)_ amend the order by -
     
     _(i)_ changing the category of the landslip area; or
     
     _(ii)_ altering the area of the landslip area.
     
         _(2)_ The Minister must cause an order under subsection (1) to
   be registered in accordance with section 161C as soon as practicable
   after making the order.
   
         _(3)_ The provisions of sections 161B and 161C apply to an order
   under this section by which -
   
     _(a)_ land that is not part of a landslip area becomes part of one;
     or
     
     _(b)_ land in a B landslip area becomes part of an A landslip area.
     
                          _PART 10 - Miscellaneous_
   
        _Division 1 - Matters relating to licences, leases and mining_
   
   _162. Priority between applications for leases and licences_
   
   If applications for a lease and an exploration licence, retention
   licence or special exploration licence are received on the same day,
   the Minister is to determine the priority of applications.
   
   _162A. Licences not personal property for purposes of Personal
   Property Securities Act 2009 of the Commonwealth_
   
   A licence in force under this Act is not personal property for the
   purposes of section 8(1)(k) of the _Personal Property Securities Act
   2009_ of the Commonwealth.
   
   _163. Fossil sites_
   
         _(1)_ The Minister, by order, may declare any area to be a
   fossil site.
   
         _(2)_ A person must not collect any fossil from a fossil site -
   
     _(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.
   
   _164. Speleothems_
   
         _(1)_ A person must not disturb, collect or remove any
   speleothem from a cave -
   
     _(a)_ without the Director's written approval; or
     
     _(b)_ otherwise than in accordance with that approval.
     
   Penalty:
   
     Fine not exceeding 50 penalty units.
     
         _(2)_ The Director may give an approval subject to any terms and
   conditions.
   
   _165. Aerial geophysical surveys_
   
         _(1)_ A person must not carry out or cause to be carried out any
   aerial geophysical surveys over land without the Director's approval.
   
   Penalty:
   
     Fine not exceeding 500 penalty units.
     
         _(2)_ The Director may require any person to provide the
   Director with a copy of any data or report of any survey carried out
   under subsection (1).
   
         _(3)_ The person who carries out a survey under subsection (1)
   must offer to sell or give the holder of a mineral tenement in respect
   of land to which the survey relates copies of any data and reports of
   that survey.
   
   Penalty:
   
     Fine not exceeding 100 penalty units.
     
         _(4)_ The Minister, on the advice of the Director, is to
   determine any dispute relating to the selling or giving of data and
   reports under subsection (3).
   
   _166. Encroachment on adjoining land_
   
         _(1)_ If the holder of a mineral tenement needs to encroach on,
   or make use of, any adjoining land in order to exercise any rights
   under the mineral tenement, the holder may -
   
     _(a)_ apply for the appropriate mineral tenement, if a mineral
     tenement is not already in force in respect of that land; or
     
     _(b)_ apply to the Mining Tribunal for an order permitting the
     encroachment or use of that land, if a mineral tenement is in force
     in respect of that land.
     
         _(2)_ The Mining Tribunal may make the order subject to any
   conditions.
   
   _167. Encroachment of water_
   
         _(1)_ Any person may apply to the Mining Tribunal for an order
   authorising a suitably qualified person to survey or inspect any land
   on which water has encroached, or is likely to encroach, as a result
   of any mining operations.
   
         _(2)_ The Mining Tribunal may make the order subject to any
   conditions.
   
         _(3)_ A person authorised by the order may enter on any land,
   mine or building to -
   
     _(a)_ make any survey or inspection; and
     
     _(b)_ use any engines, machinery and appliances that are in the
     mine.
     
         _(4)_ The owner or person in charge of a mine must not hinder,
   obstruct or delay a person from exercising any powers under subsection
   (3).
   
   Penalty:
   
     Fine not exceeding 50 penalty units.
     
         _(5)_ A person making a survey or inspection must not divulge
   any confidential information acquired in the course of the survey or
   inspection unless the person -
   
     _(a)_ is required also to give effect to the order of the Mining
     Tribunal; or
     
     _(b)_ has the written consent of the owner of the mine; or
     
     _(c)_ is required to do so in any legal proceedings.
     
   Penalty:
   
     Fine not exceeding 50 penalty units.
     
   _168. Use of surface water_
   
   A licensee may use surface water sufficient for drilling if drilling
   is part of a work program.
   
   _169. Construction of roads_
   
   The Minister may cause to be constructed, reconstructed, repaired and
   maintained any road, track, river crossing or other means of
   communication the Minister considers necessary or convenient for the
   purposes of this Act.
   
   _170. Installation of buildings and facilities_
   
   The Minister may cause to be erected, installed and maintained any
   building, structure, plant, machinery, equipment and facility
   necessary or convenient for the purposes of this Act.
   
   _171. Entry on land_
   
         _(1)_ A person employed by the Department for the purposes of
   any geological, geophysical or other scientific investigation may -
   
     _(a)_ enter on land, with or without assistants, vehicles or
     drilling machinery; and
     
     _(b)_ open fences and gates; and
     
     _(c)_ dig or drill holes; and
     
     _(d)_ let off explosives; and
     
     _(e)_ do anything else necessary for those purposes.
     
         _(2)_ Before exercising any power under subsection (1), a person
   must -
   
     _(a)_ obtain the written authorisation of the Director; and
     
     _(b)_ give the occupier reasonable notice of the intention to do
     so.
     
         _(3)_ The Crown must compensate the owner or occupier for any
   damage caused in the exercise of any power under subsection (1) for an
   amount -
   
     _(a)_ agreed between it and the owner or occupier; or
     
     _(b)_ if there is no agreement, determined as a disputed claim for
     compensation under the _Land Acquisition Act 1993_.
     
   _172. Acquisition and sale of land_
   
         _(1)_ The Minister may acquire private land which is not the
   subject of a lease under the _Land Acquisition Act 1993_ for the
   purposes of this Act.
   
         _(2)_ A purpose for which land is acquired under this section is
   a public purpose within the meaning of the _Land Acquisition Act
   1993_.
   
         _(3)_ A person may apply for a mineral tenement in respect of
   land acquired under this section.
   
         _(4)_ The Minister may sell land acquired under this section in
   accordance with section 73 of the _Land Acquisition Act 1993_ as if
   the Minister were an acquiring authority.
   
   _173. Seizure of minerals taken from Crown land_
   
         _(1)_ The Director may authorise a person or an inspector to
   seize and detain any minerals which have been taken unlawfully.
   
         _(2)_ Any person who claims an interest in any minerals seized
   may apply to the Director for their return.
   
         _(3)_ The Minister may direct that any minerals which are not
   claimed after seizure be sold or otherwise dealt with in any manner
   the Minister determines.
   
   _174. Removal of persons_
   
         _(1)_ A police officer or inspector may remove from land held
   under a mineral tenement a person who, without the consent of the
   holder of the mineral tenement -
   
     _(a)_ is mining on that land; or
     
     _(b)_ is taking or removing any minerals from the land.
     
         _(2)_ In exercising a power under subsection (1), a police
   officer or inspector may use any force that is reasonable to remove
   the person.
   
   _175. Interest in mineral tenement_
   
         _(1)_ The interest of any person in a mineral tenement passes -
   
     _(a)_ to his or her personal representative, on death; or
     
     _(b)_ to the trustee or liquidator, in the case of a bankruptcy.
     
         _(2)_ If a person has made a bequest of an interest in a mineral
   tenement in his or her will, the executor or administrator is to
   notify the Director of that bequest within 7 days after assenting to
   the bequest.
   
   _176. Legal or equitable interest_
   
         _(1)_ A legal or equitable interest in or affecting any mineral
   tenement is of no effect unless -
   
     _(a)_ it is created or dealt with by a written instrument; and
     
     _(b)_ the written instrument is approved by the Minister; and
     
     _(c)_ the interest is in favour of -
     
     _(i)_ any person 18 years of age or more; or
     
     _(ii)_ a body corporate; or
     
     _(iii)_ a combination of such a person and a body corporate.
     
         _(2)_ A person may apply to the Minister for approval of a
   written instrument referred to in subsection (1).
   
         _(3)_ An application is to -
   
     _(a)_ be in an approved form; and
     
     _(b)_ be accompanied by the prescribed fee; and
     
     _(c)_ contain any information the Minister requires; and
     
     _(d)_ be lodged with the Registrar.
     
         _(4)_ The Minister may -
   
     _(a)_ grant the application subject to any condition the Minister
     considers appropriate; or
     
     _(b)_ refuse to grant the application.
     
         _(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 reason for the
     refusal.
     
   _177. Lost licence or lease_
   
         _(1)_ A licensee or lessee may apply to the Director for a
   duplicate licence or lease if the original has been lost or destroyed.
   
         _(2)_ The Director may issue a duplicate of a licence or lease
   if satisfied that -
   
     _(a)_ the original licence or lease has been lost or destroyed; and
     
     _(b)_ the term of the original licence or lease has not expired.
     
   _178. Invalidated licence or lease_
   
         _(1)_ A licensee or lessee whose licence or lease is invalidated
   because of native title being determined in respect of the licence
   area or lease area has exclusive right to apply for a new licence or
   lease in respect of that area.
   
         _(2)_ An exclusive right to apply for a new licence or lease
   under subsection (1) is in force for a period of 12 months from the
   date on which the former licence or lease is invalidated or until an
   application has been made under this section, whichever is the
   earlier.
   
   _179. Leases and licences in respect of Aboriginal land_
   
   The Minister may not grant a lease or licence in respect of Aboriginal
   land, within the meaning of the _Aboriginal Lands Act 1995_, without
   the agreement of the Aboriginal Land Council of Tasmania established
   under that Act.
   
           _Division 2 - Rehabilitation of abandoned mining lands_
   
   _180. Contracts for rehabilitation of mining lands_
   
   The Minister may -
   
     _(a)_ cause any abandoned mining land or land affected by former
     exploration activities to be rehabilitated; and
     
     _(b)_ enter into any contract relating to the environmental
     rehabilitation of any abandoned mining land or land affected by
     former exploration activities.
     
   _181. Rehabilitation of Mining Lands Trust Fund_
   
         _(1)_ There is established in Treasury a Rehabilitation of
   Mining Lands Trust Fund.
   
         _(2)_ The Rehabilitation Trust Fund consists of -
   
     _(a)_ any money appropriated by Parliament for the purposes of this
     Part; and
     
     _(b)_ any money received from the sale of any building, machinery
     or property vested in the Crown under section 105(4); and
     
     _(c)_ any security deposit or part of a security forfeited by the
     Minister under section 198; and
     
     _(d)_ any other money received for the purpose of this Part; and
     
     _(e)_ any money the Treasurer directs to be paid into the
     Rehabilitation Trust Fund.
     
   _182. Application of Rehabilitation Trust Fund_
   
   Any money in the Rehabilitation Trust Fund is to be applied for the
   purpose of this Part.
   
                            _Division 3 - Caveats_
   
   _183. Lodgment_
   
         _(1)_ Any person with an interest in a mineral tenement may
   lodge with the Registrar a caveat forbidding the approval of any
   transfer or other dealing affecting that mineral tenement.
   
         _(2)_ A caveat is to -
   
     _(a)_ be in an approved form; and
     
     _(b)_ state details of the interest claimed; and
     
     _(c)_ state the full name and address of the caveator; and
     
     _(d)_ state an address within the State for the service of notices
     and proceedings; and
     
     _(e)_ be accompanied by the prescribed fee.
     
         _(3)_ A person must not lodge successive caveats in respect of
   the same interest without the Minister's approval.
   
   _184. Notice of lodgment_
   
         _(1)_ On receipt of a caveat lodged under section 183, the
   Registrar is to inform the holder of the mineral tenement affected of
   the caveat of the lodgment.
   
         _(2)_ A notice is to be -
   
     _(a)_ in writing; and
     
     _(b)_ sent by registered post.
     
         _(3)_ The holder of the mineral tenement affected may appeal to
   the Mining Tribunal against the caveat within 14 days after receipt of
   the notice.
   
   _185. Duration of caveat_
   
         _(1)_ A caveat takes effect on the date on which it is lodged.
   
         _(2)_ A caveat ceases to have effect -
   
     _(a)_ if the Mining Tribunal orders its removal, on the date of
     that order; or
     
     _(b)_ if the caveat is withdrawn, on the date of that withdrawal;
     or
     
     _(c)_ if an application is made to transfer a licence or lease,
     within 14 days after the date of a notice under section 32, 62 or
     93.
     
   _186. Caveats under agreement_
   
         _(1)_ If the holder of a mineral tenement or an applicant for a
   lease enters into an agreement with any person for the sale of any
   interest in the mineral tenement or application, either party may
   lodge a caveat.
   
         _(2)_ A caveat under subsection (1) is to be -
   
     _(a)_ in accordance with section 183(2); and
     
     _(b)_ accompanied by a copy of the agreement.
     
         _(3)_ A caveat lodged under this section remains in force -
   
     _(a)_ for the period specified in the agreement, unless sooner
     withdrawn by the consent of the parties; or
     
     _(b)_ until removed by order of the Mining Tribunal.
     
                  _Division 4 - Records and confidentiality_
   
   _187. Records kept by licensee_
   
         _(1)_ A licensee is to keep up-to-date records of any
   exploration carried out under the licence.
   
         _(2)_ A licensee is to ensure that records contain the
   following:
   
     _(a)_ details of any exploration carried out;
     
     _(b)_ the costs of any exploration carried out;
     
     _(c)_ any other details the Director requires.
     
   _188. Records kept by lessee_
   
         _(1)_ A lessee must keep up-to-date records of any exploration
   and mining carried out under the lease.
   
         _(2)_ A lessee is to ensure that records contain the following:
   
     _(a)_ the quantities and values of products sold or held in stock;
     
     _(b)_ the quantities of ore and waste mined and ore treated;
     
     _(c)_ the sources of ore and waste mined and details of waste
     disposed of;
     
     _(d)_ details of any mine development undertaken;
     
     _(e)_ details of any process development;
     
     _(f)_ a breakdown of any capital expenditure;
     
     _(g)_ the operating costs of any mining and exploration carried
     out;
     
     _(h)_ details of the workforce;
     
     _(i)_ details of on-lease exploration as the Director requires;
     
     _(j)_ details of ore reserves and resources in accordance with the
     standards as published by the Australian Institute of Mining and
     Metallurgy.
     
   _189. Copies of records_
   
   A licensee or lessee is to -
   
     _(a)_ submit to the Director a copy of records kept under this Part
     as and when required by the Director; and
     
     _(b)_ permit the Director to examine any record.
     
   _190. Confidentiality of records_
   
         _(1)_ Any records submitted to the Director under this Part are
   to be kept confidential for the following periods:
   
     _(a)_ records relating to any exploration carried out under an
     exploration licence, for whichever of the following is the shorter:
     
     _(i)_ a period of 5 years from the date on which the records are
     required to be submitted;
     
     _(ii)_ the period during which the licence is in force;
     
     _(b)_ records relating to any exploration carried out under a
     retention licence, the period during which the licence is in force
     up to a maximum of 5 years;
     
     _(c)_ records relating to any exploration and mining carried out
     under a lease, the period during which the lease is in force.
     
         _(2)_ Records are to be kept confidential after the licence
   ceases to be in force if -
   
     _(a)_ an application for the extension of the term of a licence is
     made during its currency; and
     
     _(b)_ no more than 5 years have elapsed since the records were
     required.
     
         _(3)_ The Minister may extend the period during which records
   are to be kept confidential.
   
         _(4)_ This section does not apply to any records which -
   
     _(a)_ the licensee or lessee agrees may be made public; or
     
     _(b)_ deal exclusively with exploration carried out in any area
     which is no longer comprised in the licence or lease.
     
         _(5)_ The _Right to Information Act 2009_ does not apply to any
   records for the period during which they are to be kept confidential
   under this section.
   
   _191. Publication of records_
   
         _(1)_ The Minister may arrange for any records to be published,
   printed, adapted or reproduced at any time after the period during
   which they are to be kept confidential expires.
   
         _(2)_ Any records published, printed, adapted or reproduced
   under subsection (1) are to contain a statement acknowledging any
   person's copyright in the records.
   
                           _Division 5 - Register_
   
   _192. Mining register_
   
         _(1)_ The Registrar is to keep a mining register.
   
         _(2)_ The Registrar, by any means approved by the Director, is
   to register the following:
   
     _(a)_ licences;
     
     _(b)_ leases;
     
     _(c)_ subleases;
     
     _(d)_ notices to forgo an exclusive right to apply for a lease;
     
     _(e)_ notices to forgo an exclusive right to apply for a retention
     licence;
     
     _(f)_ certificates of exemption from conditions of licences and
     leases;
     
     _(g)_ transfer of licences and leases;
     
     _(h)_ variation of licences and leases;
     
     _(i)_ extension of licences and leases;
     
     _(j)_ surrender of licences and leases;
     
     _(k)_ revocation of licences and leases;
     
     _(l)_ compensation agreements;
     
     _(m)_ caveats;
     
     _(n)_ any legal or equitable interest;
     
     _(o)_ any other prescribed matter.
     
   _193. Correction of register_
   
         _(1)_ The Registrar may correct any error or omission in the
   register by -
   
     _(a)_ inserting an entry; or
     
     _(b)_ amending an entry; or
     
     _(c)_ deleting an entry.
     
         _(2)_ The Registrar is to notify the appropriate licensee or
   lessee of any correction made to the register that may affect any
   licence or lease issued under this Act.
   
   _194. Inspection of register_
   
         _(1)_ The Registrar is to make the register available for
   inspection during normal business hours.
   
         _(2)_ Any person, on payment of the prescribed fee, may -
   
     _(a)_ inspect the register; and
     
     _(b)_ obtain an extract of an entry in the register; and
     
     _(c)_ obtain a copy of anything registered in the register.
     
                       _Division 6 - Fees and deposits_
   
   _195. Refund of application fee_
   
   The Director may refund a fee paid in respect of an application for a
   licence or lease if -
   
     _(a)_ the application is unsuccessful; and
     
     _(b)_ the Director is of the opinion there is sufficient reason to
     do so.
     
   _196. Use of security deposit_
   
         _(1)_ The Minister may use any amount of a security deposit
   provided by a licensee or lessee for the following purposes:
   
     _(a)_ to remedy any damage to private property if the licensee or
     lessee fails to pay compensation under Part 8;
     
     _(b)_ to mitigate any damage to the environment caused by mining
     operations or exploration.
     
         _(2)_ The Minister may draw any amount of security deposit
   provided by a licensee if the licensee fails to carry out a work
   program in respect of the licence.
   
   _197. Refund of security deposit_
   
         _(1)_ The Minister may refund the balance of any security
   deposit remaining after any amount has been used under section 196.
   
         _(2)_ The Minister must not refund the balance until whichever
   of the following occurs last:
   
     _(a)_ if a claim for compensation is not made within the period
     specified in section 146, at the end of the period;
     
     _(b)_ if a claim for compensation is made within that period, after
     the Mining Tribunal determines the amount of compensation under
     section 150.
     
   _198. Forfeiture of security deposit_
   
   A licensee or lessee may forfeit any security deposit or part of a
   security deposit -
   
     _(a)_ if the licensee or lessee fails to comply with a condition of
     the licence or lease; or
     
     _(b)_ if the Minister revokes the licence or lease; or
     
     _(c)_ for any other reason the Minister determines.
     
                     _Division 7 - Miscellaneous matters_
   
   _199. Evidence_
   
         _(1)_ A certificate issued by the Director certifying as to any
   matter in the register is evidence of that matter.
   
         _(2)_ The issue of a licence or lease under this Act is evidence
   of compliance with any condition precedent to that issue.
   
   _200. Atomic substance_
   
   The Minister, by order, may declare a substance to be an atomic
   substance for the purposes of this Act.
   
   _201. Delegations_
   
         _(1)_ The Minister may delegate to the Director any powers or
   functions of the Minister under this Act, other than this power of
   delegation.
   
         _(2)_ The Director may delegate to any person any powers or
   functions of the Director or Registrar under this Act, other than this
   power of delegation.
   
   _202. False and misleading statements_
   
   A person, in giving any information or making any return under this
   Act, must not -
   
     _(a)_ make a statement knowing it to be false or misleading; or
     
     _(b)_ omit any matter from a statement knowing that without that
     matter that statement is misleading.
     
   Penalty:
   
     Fine not exceeding 50 penalty units.
     
   _203. Orders to be Statutory Rules_
   
   Any order made under this Act is a statutory rule within the meaning
   of the _Rules Publication Act 1953_.
   
   _204. Code of practice_
   
         _(1)_ The Minister may approve a Code of practice for the
   practical guidance of persons involved in exploration, mining
   operations, prospecting or fossicking.
   
         _(2)_ A Code of practice may -
   
     _(a)_ consist of any code, standard, rule, specification or
     provision relating to exploration, mining operations, prospecting
     or fossicking, prepared or adopted by the Director; and
     
     _(b)_ apply, incorporate or refer to any document formulated or
     published by any body or authority as in force at the time the Code
     of practice is approved or as amended, formulated or published.
     
         _(3)_ The Minister may -
   
     _(a)_ approve any revision of the whole or part of a Code of
     practice; or
     
     _(b)_ revoke a Code of practice.
     
         _(4)_ Before approving a Code of practice or the revision of the
   whole or part of a Code of practice or before revoking a Code of
   practice, the Minister must -
   
     _(a)_ consult with any person or organisation the Minister
     considers appropriate having regard to the application of the Code
     of practice; and
     
     _(b)_ by notice published in the _Gazette_ and in 3 daily
     newspapers published and circulating in the State, give 28 days'
     notice of the intention to approve the Code of practice or the
     revision or revocation of the Code of practice.
     
         _(5)_ The Minister must give notice in the _Gazette_ and in 3
   daily newspapers published and circulating in the State of -
   
     _(a)_ the approval of a Code of practice; or
     
     _(b)_ the approval of the revision of the whole or part of a Code
     of practice; or
     
     _(c)_ the revocation of a Code of practice.
     
         _(6)_ A notice under subsection (5) is not a statutory rule
   within the meaning of the _Rules Publication Act 1953_.
   
         _(7)_ The Minister must make available in the Department for
   inspection by members of the public without charge during normal
   office hours a copy of -
   
     _(a)_ every approved Code of practice; and
     
     _(b)_ if an approved Code of practice is revised and the revision
     is approved, the approved Code of practice as so revised; and
     
     _(c)_ if an approved Code of practice applies, incorporates or
     refers to any other document, that other document.
     
         _(8)_ An approved Code of practice and any approved version of a
   Code of practice have effect on the day on which notice of the
   approval is published in the _Gazette_.
   
         _(9)_ An approved Code of practice ceases to have effect on the
   day on which notice of the revocation is published in the _Gazette_.
   
         _(10)_ A person is not liable to any civil or criminal
   proceedings only because the person has failed to observe any
   provision of an approved Code of practice.
   
   _205. Regulations_
   
         _(1)_ The Governor may make regulations for the purposes of this
   Act.
   
         _(2)_ The regulations may be made so as to apply differently
   according to matter, limitation, restriction, exception or
   circumstance specified in the regulations.
   
         _(3)_ The regulations may adopt, either wholly or partly and
   with or without modification, any standards, rules, codes or
   specifications of any body, organisation or association.
   
         _(4)_ The regulations may -
   
     _(a)_ authorise any matter to be determined, applied or regulated
     by a specified person or body; and
     
     _(b)_ confer a power or impose a duty on a specified person or
     class of person.
     
         _(5)_ The regulations may -
   
     _(a)_ provide that a contravention of, or a failure to comply with,
     any of the regulations is an offence; and
     
     _(b)_ in respect of such an offence, provide for the imposition of
     a fine not exceeding 10 penalty units and, in the case of a
     continuing offence, a further fine not exceeding 2 penalty units
     for each day during which the offence continues.
     
         _(6)_ Regulations made for the purpose of section 102(1B) may
   take effect retrospectively.
   
   _206. Repeal_
   
   The Acts specified in Schedule 1 are repealed.
   
   _207. Savings and transitional provisions_
   
   The savings and transitional provisions specified in Schedule 2 apply.
   
   _208. Administration of Act_
   
   Until provision is made in relation to this Act by order under section
   4 of the _Administrative Arrangements Act 1990_ -
   
     _(a)_ the administration of this Act is assigned to the Minister
     for State Development and Resources; and
     
     _(b)_ the Department responsible to the Minister for State
     Development and Resources in relation to the administration of this
     Act is Tasmania Development and Resources.
     
                            _SCHEDULE 1 - Repeals_
   
                                                              Section 206
   
   _Aid to Mining Act 1927_ (18 Geo. V No. 47)
   
   _Mining Act 1929_ (20 Geo. V No. 71)
   
   _Mining Act 1958_ (No. 70 of 1958)
   
   _Mining Amendment (Beaconsfield Gold Mine) Act 1988_ (No. 56 of 1988)
   
   _Mining Amendment Act 1989_ (No. 21 of 1989)
   
   _Mineral Resources Act_ _1951_ (No. 25 of 1951)
   
              _SCHEDULE 2 - Savings and Transitional Provisions_
   
                                                              Section 207
   __
   _1. Interpretation_
   
   In this Schedule -
   
     _commencement day_ means the day on which this Act commences;
     
     _repealed Act_ means the _Mining Act 1929_.
     
   ___2. Contracts and agreements_
   
   Any contract or agreement made under the repealed Act before the
   commencement day is, on or after that day, enforceable as if it were
   made under this Act.
   __
   _3. Appeals and objections_
   
         _(1)_ Any appeal instituted under the repealed Act and not heard
   or determined before the commencement day may, on or after that day,
   be heard and determined under the repealed Act.
   
         _(2)_ Any objection made under the repealed Act and not heard or
   determined before the commencement day may, on or after that day, be
   heard and determined under the repealed Act.
   __
   _4. Proceedings_
   
   Any proceedings instituted under the repealed Act and not heard or
   determined before the commencement day may, on or after that day, be
   heard and determined under the repealed Act.
   __
   _5. Land and minerals exemptions_
   
   Any land or mineral exempted under the repealed Act from the
   provisions of that Act before the commencement day is, on that day,
   exempted from the provisions of this Act until an order is made under
   section 5(4) of this Act.
   __
   _6. Public reserves_
   
   Any public reserve declared under the repealed Act to be land to which
   that Act applied before the commencement day is, on that day, land to
   which this Act applies.
   __
   _7. Exploration licences_
   
         _(1)_ The following rights and entitlements in force under the
   repealed Act immediately before the commencement day are, on that day,
   exploration licences under this Act:
   
     _(a)_ exploration licence;
     
     _(b)_ prospector's licence;
     
     _(c)_ owner's right;
     
     _(d)_ owner's consent.
     
         _(2)_ An application for a right or entitlement referred to in
   subclause (1) made under the repealed Act and not determined before
   the commencement day may, on and after that day, be determined as if
   it were an application for an exploration licence under this Act.
   __
   _8. Retention licences_
   
         _(1)_ A retention licence in force under the repealed Act
   immediately before the commencement day is, on that day, a retention
   licence under this Act.
   
         _(2)_ An application for a retention licence made under the
   repealed Act and not determined before the commencement day may, on
   and after that day, be determined as if it were an application for a
   retention licence under this Act.
   __
   _9. Mining leases_
   
         _(1)_ The following rights and entitlements in force under the
   repealed Act immediately before the commencement day are, on that day,
   mining leases under this Act:
   
     _(a)_ mining lease;
     
     _(b)_ mining easement;
     
     _(c)_ dam site easement;
     
     _(d)_ tailings easement;
     
     _(e)_ housing easement.
     
         _(2)_ An application for a right or entitlement referred to in
   subclause (1) made under the repealed Act and not determined before
   the commencement day may, on and after that day, be determined as if
   it were an application for a mining lease under this Act.
   __
   _10. Subleases_
   
         _(1)_ A tribute or sublease in force under the repealed Act
   immediately before the commencement day is, on that day, a sublease
   under this Act.
   
         _(2)_ An application for a tribute or sublease made under the
   repealed Act and not determined before the commencement day may, on
   and after that day, be determined as if it were an application for a
   sublease under this Act.
   __
   _11. Conditions_
   
   Any right or entitlement which is an exploration licence, a retention
   licence, a mining lease or a sublease by virtue of this Schedule -
   
     _(a)_ is subject to the same terms, conditions, covenants and
     exemptions as it was under the repealed Act; and
     
     _(b)_ continues in force for the remainder of the period for which
     it was granted, issued or renewed.
     
                            _Table Of Amendments_
                                      
   Act Number and year Date of commencement
   Mineral Resources Development Act 1995 No. 116 of 1995 1.7.1996
   State Service (Consequential and Miscellaneous Amendments) Act 2000
   No. 86 of 2000 1.5.2001
   Mineral Resources Development Amendment Act 2001 No. 74 of 2001
   30.10.2001
   Legislation Publication Act 1996 No. 17 of 1996 10.4.2002
   National Parks and Wildlife Separation (Consequential Amendments) Act
   2002 No. 64 of 2002 31.12.2002
   Mineral Resources Development Amendment (New Landslip Zoning
   Arrangements) Act 2003 No. 24 of 2003 4.6.2003
   Justice (Delegated Legislation) Act 2003 No. 6 of 2003 1.7.2003
   Mineral Resources Development Amendment Act 2006 No. 38 of 2006
   18.12.2006
   Legal Profession (Miscellaneous and Consequential Amendments) Act 2007
   No. 66 of 2007 31.12.2008
   Right to Information (Consequential and Transitional) Act 2009 No. 54
   of 2009 1.7.2010
   Personal Property Securities (National Uniform Legislation)
   Implementation Act 2011 No. 2 of 2011 30.1.2012
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   CURRENT VIEW: _30 Jan 2012 - _
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   VIEW THE SESSIONAL VERSION
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