Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 334ZZJ

334ZZJ Ownership of works constructed in connection with water monitoring bore

(1) This section applies if the holder of a mineral development licence or mining lease constructs a water monitoring bore on land in the area of a prescribed holding to comply with the holder’s underground water obligations for a mineral development licence or mining lease.

(2) While the water monitoring bore remains on the land and the mineral development licence or mining lease remains in force, works constructed in connection with the water monitoring bore remain the property of the person who owned them immediately before they were constructed on the land.

(3) Subsection (2) applies despite—

(a) the works having become part of the land; or

(b) the sale or other disposal of the land.

(4) However, subsection (2) does not apply if the water monitoring bore is transferred under part 4 .

(5) The works can not be—

(a) levied or seized in execution; or

(b) sold in exercise of a power of sale or otherwise disposed of by a process under a law of a State taken against the holder or the owner of the land.

(6) This section applies despite—

(a) an Act or law of the State; or

(b) a contract, covenant or claim of right under a law of the State.

(7) In this section—

"prescribed holding" means a mineral development licence, mining lease, exploration permit or water monitoring authority.