Queensland Consolidated Acts

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MINERAL RESOURCES ACT 1989 - SECT 81

81 Conditions of mining claim

(1) Each mining claim shall be subject to—

(a) a condition that the holder shall use the land comprised in the mining claim bona fide for the purpose for which the mining claim was granted and in accordance with this Act and the conditions of the mining claim and for no other purpose;
(b) a condition that the holder shall not assign or mortgage the mining claim or any part thereof without the consent in writing of the mining registrar;
(c) a condition that the holder shall furnish at such times and in such manner as required by the mining registrar reports, returns, documents and statements and other materials whatever;
(d) a condition that the holder shall maintain the surface of the land comprised in the mining claim in a tidy state during the term of the mining claim;
(e) a condition that the holder must carry out improvement restoration for the mining claim;
(f) a condition that prospecting and mining shall be conducted on the land comprising the mining claim by such method or in such manner as is provided for in or applies in respect of the mining claim;
(g) a condition that the holder—
(i) shall not erect any permanent building or other structure whatever; and
(ii) prior to the termination of the mining claim, for whatever cause, shall remove any building or structure erected by the holder and all mining equipment and plant;
on or in the land comprised in the mining claim;
(h) a condition that without the prior approval of the mining registrar the holder shall not obstruct or interfere with any right of access had by any person in respect of land the subject of the mining claim;
(i) where the mining claim is in respect of land that is a reserve, a condition that the holder shall comply with the terms and conditions upon which the consent of the owner or of the Governor in Council to the grant of the mining claim was given;
(j) a condition that the holder shall make all payments of compensation and comply with all terms of any agreement or determination relating to compensation at the time or times as agreed or determined pursuant to section 85 or 86;
(k) a condition that the holder—
(i) shall pay the rental as prescribed; and
(ii) shall pay the royalty as prescribed; and
(iii) shall pay all local authority rates and charges lawfully chargeable against the holder in respect of the land comprised in the mining claim; and
(iv) shall deposit as required by the mining registrar any security from time to time under this Act;
(l) a condition that the holder shall maintain the marking out of the land the subject of the mining claim including any survey pegs during the term of the claim but that boundary posts or cairns need not be maintained after the land has been surveyed;
(m) a condition that the holder shall comply with this Act and other mining legislation;
(n) such other conditions as are prescribed;
(o) such other conditions as the mining registrar may impose (including such conditions as the Land Court may determine pursuant to this part).

(1AA) Without limiting subsection (1), a mining registrar may impose a condition on a mining claim if the mining registrar considers the condition is in the public interest.

(1A) If a mining claim is granted over land that includes a wild river area, the mining claim is subject to any relevant conditions stated in the wild river declaration for the area.

(2) If in any case there is conflict between a condition determined by the Land Court and a condition determined by the Governor in Council, then to the extent of the conflict the determination of the Governor in Council shall prevail.

(3) Despite subsections (1) to (2), a condition must not be, determined, imposed or prescribed if it is the same, or substantially the same, or inconsistent with, a relevant environmental condition for the mining claim.

(4) A mining claim shall contain a condition as to the work commitment required of the holder.

(5) Notwithstanding subsection (1), if the applicant for a mining claim satisfies—

(a) the mining registrar; or
(b) the Land Court when giving an instruction under this part; or
(c) the Governor in Council when giving consent to the grant of a mining claim under this part;

that any of the conditions prescribed in subsection (1)(e), (g)(ii) and (l) should not be imposed the mining claim may be granted without the imposition of that condition or those conditions.



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