Queensland Consolidated Acts

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MINERAL RESOURCES ACT 1989 - SECT 6

6 Meaning of mineral

(1) A mineral is a substance—

(a) normally occurring naturally as part of the earth's crust; or
(b) dissolved or suspended in water on or within the earth's crust; or
(c) that may be extracted from a substance mentioned in paragraph (a) or (b).

(2) Subject to subsection (3), each of the following is a mineral—

(a) any type of clay;
(b) foundry sand;
(c) coal seam gas;
Editor's notes—
See section 318AC (What is coal seam gas and incidental coal seam gas).
See also part 7AA, division 8, subdivision 1 (Entitlement to coal seam gas).
(d) limestone;
(e) marble;
(f) a product that may be extracted or produced by an underground gasification process for coal or oil shale (mineral (f)) and another product that may result from the carrying out of the process (also mineral (f));
Examples of underground gasification processes—
combustion, consumption, heating, leaching and reaction
Example of another product—
gas desorbed as a result of an underground gasification process
(g) peat;
(h) salt, including brine;
(i) oil shale;
Editor's note—
See section 318AD (What is oil shale).
(j) silica, including silica sand;
(k) rock mined in block or slab form for building or monumental purposes.

(3) Despite subsections (1) and (2)—

(a) clay (other than kaolin and bentonite) is only a mineral if it is mined for use for its ceramic properties; and
Examples of uses of clay for its ceramic properties—
for brick or tile making
for pottery making
(b) limestone, silica and silica sand is only a mineral if it is mined for use for its chemical properties; and
(c) mineral (f) is only a mineral if—
(i) the coal or oil shale, from which it is extracted or produced, is held under a mineral development licence and it has been added to the licence under section 208; or
(ii) the coal or oil shale, from which it is extracted or produced, is held under a mining lease and it is specified in the lease.
(d) each of the following is not a mineral—
(i) soil, sand, gravel or rock (other than rock mentioned in subsection (2)(k)) if it is to be used, or to be supplied for use, as sand, gravel or rock, whether intact or in broken form;
(ii) living matter;
(iii) steam or water.


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