Queensland Consolidated Acts Queensland Consolidated Actsaccess agreement for—
(a) part 13—see section 429; or
(b) part 15, division 2—see section 485; or
(c) part 16, division 2—see section 541.
adjacent lease see section 318CP(a).
adjoining lots includes lots that would be adjoining lots if they were not separated by a road.
ADR, for schedule 1, see schedule 1, section 20(2)(b).
advanced activity, for schedule 1, see schedule 1, section 3.
affected land, for part 10AA, see section 381A.
aggrieved person see—
• section 38
• section 116.
applicant for—
(a) the native title provisions generally—see section 422; or
(b) part 13—see section 429; or
(c) part 15, division 2—see section 485; or
(d) part 16, division 2—see section 541; or
(e) part 17, division 4—see section 651.
applicant, for part 7AAC, see section 318ELAP(a).
application notice for—
(a) part 13—see section 431(1); or
(b) part 15, division 2—see section 486(1); or
(c) part 16, division 2—see section 542(1).
approval, for part 17, division 6, see section 696.
approved form see section 416A.
approved opal or gem mining area, for the native title provisions, see section 422.
area, of a coal or oil shale mining tenement, petroleum tenure or GHG authority—
1 The area, of a mining tenement, is the land to which the tenement is subject.
2 The area, of a petroleum tenure, is the land to which the tenure is subject as recorded in the petroleum register under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act.
3 The area, of a GHG authority, is the land to which the authority is subject, as recorded in the GHG register under the GHG storage Act.
4 The area, of a geothermal tenure, is the land to which the tenure is subject, as recorded in the geothermal register under the Geothermal Act.
assessment criteria, for part 7AAC, see section 318ELAQ(1)(b).
At Risk agreement means the document called the 'At Risk' agreement endorsed by Cabinet on 5 April 1988, and that document as amended and endorsed by Cabinet from time to time.
Editor's note—
A copy of the agreement is available from the department's offices at 61 Mary Street, Brisbane.
Aurukun agreement means the agreement between the State and the person selected by the State to develop the Aurukun project.
Aurukun project—
1 Aurukun project means the project for the extraction, transportation and processing of bauxite on land that is more or less the land described as 'restricted area 315' (RA315) under this Act.
2 Aurukun project includes the construction and operation of works, including, for example, mining equipment, electricity generation plants and related distribution infrastructure, pipelines, telecommunications infrastructure, water storage and distribution infrastructure, buildings, conveyors, roads or railways on land near Aurukun and Weipa.
authorised activity—
1 An authorised activity, for a mining tenement, is an activity that its holder is, under this Act or the tenement, entitled to carry out in relation to the tenement.
2 An authorised activity, for a petroleum tenure, is an activity that its holder is, under the Petroleum Act 1923, the Petroleum and Gas (Production and Safety) Act or the tenure, entitled to carry out in relation to the tenure.
3 An authorised activity, for a GHG authority, is an activity that its holder is, under the GHG storage Act or the authority, entitled to carry out in relation to the authority.
4 An authorised activity, for a geothermal tenure, is an activity that its holder is, under the Geothermal Act or the tenure, entitled to carry out in relation to the tenure.
authority to prospect see section 318AI(2).
block means a block as described in section 126.
building means a fixed, roofed structure that is completely or partly enclosed by walls.
cadastral surveyor means a person registered as a cadastral surveyor under the Surveyors Act 2003.
certificate of public notice for—
(a) an application for a mining claim, means the certificate of public notice for the application given under section 64A; or
(b) an application for a mining lease, means—
(i) the certificate of public notice for the application given under section 252A; or
(ii) if the certificate of public notice has been reissued under section 253—the reissued certificate.
closing day (native title issues), for part 17, division 4, see section 653(3).
coal exploration tenement see section 318AE(1).
coal mining lease see section 318AE(2).
coal or oil shale mining lease means a coal mining lease or oil shale mining lease.
coal or oil shale mining tenement see section 318AG.
coal seam gas see section 318AC(1).
Collingwood Park State guarantee or guarantee, for part 10AA, see section 381B.
combined hearing, for part 17, division 4, see section 671.
Commonwealth Native Title Act means the Native Title Act 1993 (Cwlth).
company means the following entities within the meaning of the Corporations Act—
(a) a company;
(b) a registered foreign company.
compensation agreement, for part 7A, see section 318ET(1).
compensation application, for part 7A, means an application made under section 318EU(1).
compensation decision, for part 18, see section 706.
compensation liability, for schedule 1, see schedule 1, section 13(2).
compensation trust decision, for part 18, see section 706.
compliance direction see section 335A(2).
condition includes term.
conduct and compensation agreement, for schedule 1, see schedule 1, section 14(1).
conduct and compensation agreement requirement, for schedule 1, see schedule 1, section 10(2).
confidential information, for part 9, division 4, see section 334A.
consultation and negotiation parties, for part 17, division 4, see section 658(1).
consultation period for—
(a) part 13—see section 435(1); or
(b) part 15, division 2—see section 490(1); or
(c) part 16, division 2—see section 546(1).
consultation period advice day, for—
(a) part 13—see section 435(2); or
(b) part 15, division 2—see section 490(2); or
(c) part 16, division 2—see section 546(2).
contract conditions, for part 17, division 4, see section 675(1).
coordination arrangement see section 318AJ.
credit provider see the National Credit Code.
CSG assessment criteria see section 318AP(1)(c).
CSG statement see section 318AP(1)(a).
decision, for the native title provisions, see section 422.
deputy mining registrar means a person employed as a deputy mining registrar under section 336(1).
designated CSG product means coal seam gas mined from pre-drainage, ventilation or from drainage of a goaf.
development see the Planning Act, section 7.
development plan, for a coal mining lease or an oil shale mining lease, see section 318AH.
district prospecting permit see section 14.
educational institution means a school, college, university or university college.
EIS means an environmental impact statement.
election notice, for schedule 1, see schedule 1, section 20(2).
eligible claimant, for schedule 1, see schedule 1, section 13(1).
eligible person means—
(a) other than for parts 6A and 7AAA—
(i) an adult; or
(ii) a company; or
(iii) a local government that acquires a mining claim or mining lease under the Local Government Act 2009 for overdue rates and charges; or
(iv) an educational institution the Minister treats as an eligible person under section 7; and
(b) for part 6A—the person who is the party to the Aurukun agreement with the State; and
(c) for part 7AAA—the person who is the holder of a mineral development licence under part 6A.
enter land includes remain on the land.
entry notice, for schedule 1, see schedule 1, section 5(1).
environment has the meaning given by the Environmental Protection Act.
environmental authority (exploration) means an environmental authority (exploration) under the Environmental Protection Act.
environmental authority (mineral development) means an environmental authority (mineral development) under the Environmental Protection Act.
environmental authority (mining claim) means an environmental authority (mining claim) under the Environmental Protection Act.
environmental authority (mining lease) means an environmental authority (mining lease) under the Environmental Protection Act.
Environmental Protection Act means the Environmental Protection Act 1994.
EPA administering authority, for a mining tenement or an application, means the administering authority under the Environmental Protection Act for an environmental authority (mining activities) or an application for an environmental authority (mining activities) relating to the mining tenement or the application.
expiry day, for a mining tenement, means the day the tenement expires under its terms.
exploration permit means an exploration permit under part 5.
exploration tenement, for schedule 1, see schedule 1, section 1.
explore means take action to determine the existence, quality and quantity of minerals on, in or under land or in the waters or sea above land by—
(a) prospecting;
(b) using instruments, equipment and techniques appropriate to determine the existence of any mineral;
(c) extracting and removing from land for sampling and testing an amount of material, mineral or other substance in each case reasonably necessary to determine its mineral bearing capacity or its properties as an indication of mineralisation;
(d) doing anything else prescribed under a regulation.
fee includes tax.
financial resources, for a provision about an application for an exploration permit, mineral development licence or mining lease, includes the financial resources necessary to comply with the following for the area to which the application relates—
(a) any relevant provisions of the Commonwealth Native Title Act;
(b) any registered indigenous land use agreement under that Act.
fossicking area has the meaning given by the Fossicking Act 1994.
Geothermal Act see section 3B.
geothermal coordination arrangement see the Geothermal Act, section 138(4).
geothermal lease see the Geothermal Act, section 19(1)(b).
geothermal permit see the Geothermal Act, section 19(1)(a).
geothermal tenure see the Geothermal Act, section 19(2).
GHG means greenhouse gas.
GHG authority see the GHG storage Act, section 18(3).
GHG coordination arrangement see the GHG storage Act, section 186(3).
GHG lease see the GHG storage Act, section 18(1)(b).
GHG permit see the GHG storage Act, section 18(1)(a).
GHG storage Act see section 3B.
GHG storage activity means an authorised activity under the GHG storage Act for a GHG authority.
GHG stream storage see the GHG storage Act, section 14.
GHG tenure see the GHG storage Act, section 18(2).
hand mining means mining using hand-operated tools, including, for example, picks, shovels, hammers, gads, sieves and windlasses, but does not include mining using explosives.
hearing includes a presentation of an interim nature, including, for example, a directions hearing.
Heritage Act means the Queensland Heritage Act 1992.
high impact exploration permit, for part 15, see section 483.
high impact mineral development licence, for part 16, see section 539.
holder, for a prospecting permit, exploration permit, mining claim, mineral development licence or mining lease, means the person in whose name the permit, claim, licence or lease is recorded, and, for part 3, division 1, includes a person mentioned in section 13, definition holder.
holder submissions see section 318ELAT(1).
IDAS, see the Planning Act, section 230.
improvement restoration, for a mining tenement, see section 6C.
incidental coal seam gas see section 318AC(2).
information-giver, for part 7AA, division 10, see section 318EJ(1).
information statement, for part 7AAC, see section 318ELAQ(1)(a).
initial development plan requirements see section 318DS.
lake, for part 10A, see section 382.
land includes—
(a) land within the beds and banks of all streams, watercourses and inundated land; and
(b) land beneath the internal waters of Queensland; and
(c) the sea bed and subsoil to which this Act applies; and
(d) waters in, upon and above land; and
(e) subterranean land;
but, except in sections 8, 9 and 11, does not include a protected area.
land access code see the Petroleum and Gas (Production and Safety) Act, section 24A.
last objection day for—
(a) an application for a mining claim—see section 64A(2)(a); or
(b) an application for a mining lease—see section 252A(2)(a).
later development plan requirements see section 318EB(2)(b).
limited hand sampling techniques, for part 10A, see section 382.
low impact activity—
(a) for part 10A—see section 382; or
(b) for part 15—see section 482; or
(c) for part 16—see section 538.
low impact exploration permit, for part 15, see section 481.
low impact mineral development licence, for part 16, see section 537.
low impact prospecting permit, for part 13, see section 430.
mandatory provision, of the land access code, means a provision of that code that the code requires compliance with.
mine see section 6A.
mineral see section 6.
mineral development licence, means—
(a) for part 6A—a mineral development licence under part 6A; and
(b) other than for part 6A—a mineral development licence under part 6 or part 6A.
mineral (f) see section 6.
minimum negotiation period, for schedule 1, see schedule 1, section 17(2)(a).
mining claim means a mining claim under part 4.
mining interest means—
(a) a mining tenement; or
(b) a tenure held from the State under another Act about mining under which tenure the holder is authorised to carry out mining or a related mineral or energy resources activity.
mining lease means—
(a) for part 7AAA—a mining lease under part 7AAA; or
(b) other than for part 7AAA—a mining lease under part 7 or part 7AAA.
mining lease holder for part 7AA, division 8, subdivisions 1 and 2, see section 318CL.
mining registrar means—
(a) for a mining district—a person employed as a mining registrar under section 336(1) and assigned to the district; or
(b) for land or a mining tenement over land—the mining registrar for the mining district in which the land is situated.
mining tenement means a prospecting permit, mining claim, exploration permit, mineral development licence or mining lease.
Minister's decision, for part 17, division 4, see section 684(2).
moratorium period, for part 7AAB, see section 318ELAA (1).
mortgage includes a charge on any mining claim, mineral development licence or mining lease for securing money or money's worth.
National Credit Code means the National Credit Code in Schedule 1 of the National Consumer Credit Protection Act 2009 (Cwlth).
native title issues decision, for part 17, division 4, see section 669(1).
native title notification party, for the native title provisions, see section 422.
native title provisions means the following provisions—
• part 12
• part 13
• part 14
• part 15
• part 16
• part 17
• part 18
• part 19, divisions 2 and 5.
natural underground reservoir means a part of a geological formation or structure (including a coal seam) in which coal seam gas or petroleum has accumulated.
negotiated agreement, for part 17, division 4, see section 659(1).
negotiation notice, for schedule 1, see schedule 1, section 16(1).
nominated waterway, for part 10A, see section 382.
non-exclusive land, for the native title provisions, see section 422.
notifiable road use, for part 7A, see section 318EO.
notification day (native title issues), for part 17, division 4, see section 653(2).
occupied land means land (other than land occupied under a permit under the Land Act 1994) of which there is an owner, and includes a reserve.
occupier, of a place, means a person—
(a) who, under an Act, or, for freehold land, a lease registered under the Land Title Act 1994, has a right to occupy the place, other than under a mining interest, petroleum tenure, licence under the Petroleum and Gas (Production and Safety) Act, GHG authority or geothermal tenure; or
(b) to whom an occupier under paragraph (a) has given the right to occupy the place.
officer, of a company, has the same meaning as officer of a corporation under the Corporations Act.
oil shale see section 318AD.
oil shale activity see section 318ELAE(1).
oil shale exploration tenement see section 318AF(1).
oil shale mining lease see section 318AF(2).
oil shale mining tenement see section 318ELAB.
other mining legislation means the following—
(a) Coal Mining Safety and Health Act 1999;
(b) Explosives Act 1999;
(c) Fossicking Act 1994;
(d) Mining and Quarrying Safety and Health Act 1999;
(e) Petroleum Act 1923;
(f) Petroleum and Gas (Production and Safety) Act 2004.
overlapping authority application period, for part 7AAC, see section 318ELAZ(2).
overlapping authority (geothermal or GHG) see section 318ELAN.
overlapping authority priority see section 318ELAT(3)(b)(i).
overlapping lease, for part 7AAC, see section 318ELAZ(2).
overlapping permit, for part 7AAC, see section 318ELAU(1)(a).
owner, of land, means—
(a) for a reserve (other than land that is a reserve merely because it is in the wet tropics area and land that is rail corridor land)—
(i) if the reserve is a road—the entity having control of the road; or
(ii) if the reserve is a resources reserve under the Nature Conservation Act 1992 for which there are trustees—the trustees for the reserve; or
(iii) if the reserve is DOGIT land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991—the trustees for the land; or
(iv) if the reserve is land held under a lease under the Aurukun and Mornington Shire Leases Act 1978, section 6—the relevant local government; or
(v) if Aboriginal land under the Aboriginal Land Act 1991 is taken to be a reserve because of section 87(2) or 87(4)(b) of that Act—the grantees of the land; or
Editor's note—
Aboriginal Land Act 1991, section 87 has been renumbered as section 202 under the Aboriginal Land Act 1991, section 148.
(vi) if Torres Strait Islander land under the Torres Strait Islander Land Act 1991 is taken to be a reserve because of section 84(2) or 84(4)(b) of that Act—the grantees of the land; or
Editor's note—
Torres Strait Islander Land Act 1991, section 84 has been renumbered as section 151 under the Torres Strait Islander Land Act 1991, section 142.
(vii) if subparagraphs (i) to (vi) do not apply—the Minister responsible for administering the Act under which it is a reserve; or
(b) for freehold land—the registered owner of the land; or
(c) if a person is, or will on performing conditions, be entitled to a deed of grant in fee simple for the land—the person; or
(d) if an estate in fee simple of the land is being purchased from the State—the purchaser; or
(e) for a State forest or timber reserve under the Forestry Act 1959—the chief executive of the department responsible for the administration of the Forestry Act 1959; or
(f) for a person who holds land under a lease from the State under the Aborigines and Torres Strait Islanders (Land Holding) Act 1985 for land excised from land granted in trust for Aboriginal or Torres Strait Islander purposes under the Land Act 1994—the trustees of the land; or
(g) for a person who holds land from the State under an Act (other than an Act about mining or petroleum) under another kind of lease or occupancy (other than occupation rights under a permit under the Land Act 1994) of the land—the person;
and includes, in addition to an owner mentioned in paragraphs (a) to (g)—
(h) for a forest entitlement area under the Forestry Act 1959—the chief executive of the department responsible for the administration of the Forestry Act 1959; and
(ha) for a licence area under the Forestry Act 1959—the plantation licensee for the licence area under that Act; and
(i) for land in the wet tropics area—the Wet Tropics Management Authority;
(j) for rail corridor land—the Minister administering chapter 7 of the Transport Infrastructure Act 1994.
parcel prospecting permit see section 14.
parties—
(a) for part 10, division 1B, see section 335G; or
(b) for schedule 1, see schedule 1, section 17(1).
permanent building means a building other than a building of a temporary nature.
person, for part 10A, see section 382.
Petroleum and Gas (Production and Safety) Act means the Petroleum and Gas (Production and Safety) Act 2004.
petroleum development preference see section 318AX(3)(b).
petroleum lease see section 318AI(1).
petroleum lease application period see section 318BG(2).
petroleum tenure see section 318AI(3).
Planning Act means the Sustainable Planning Act 2009.
planning scheme see the Planning Act, section 79.
plan period, for a development plan, see section 318AH(3).
pre-existing improvements, for a mining tenement, means all improvements on, or attached to, the land the subject of the tenement immediately before the application for the tenement was lodged.
Examples of an improvement—
1 a bridge, building, fence, stock yard or other structure
2 equipment, machinery or plant
preference decision see section 318BB(2).
preliminary activity, for schedule 1, see schedule 1, section 2.
private land, for schedule 1, see schedule 1, section 4.
proposed wild river area, for part 10A, see section 382.
prospect see section 6B.
prospecting permit means a prospecting permit granted under part 3.
protected area means an area dedicated under the Nature Conservation Act 1992 as—
(a) a national park (scientific); or
(b) a national park; or
(c) a national park (Aboriginal land); or
(d) a national park (Torres Strait Islander land); or
(e) a national park (recovery); or
(f) a conservation park.
public land, for schedule 1, see schedule 1, section 4.
public land authority, for schedule 1, see schedule 1, section 4.
public official, for part 9, division 4, see section 334A.
rail corridor land means existing rail corridor land or new rail corridor land under the Transport Infrastructure Act 1994.
rail GOC see the Transport Infrastructure Act 1994, schedule 6.
recipient, for part 7AA, division 10, see section 318EJ(1).
refuse includes reject.
register means a register maintained under section 387.
registered indigenous land use agreement under the Commonwealth Native Title Act means an indigenous land use agreement registered on the Register of Indigenous Land Use Agreements under the Commonwealth Native Title Act.
registered native title party for—
(a) part 13—see section 429; or
(b) part 15, division 2—see section 485; or
(c) part 16, division 2—see section 541; or
(d) part 17, division 4—see section 655.
registered native title rights and interests, for the native title provisions, see section 422.
registrar, for part 10AA, see section 381A.
relevant act, for part 18, see section 706.
relevant departmental office, for an application or document that is required to be made, given or lodged under this Act, means—
(a) the office of the department at which the relevant approved form provides that the application or document must be made, given or lodged; or
(b) if the relevant approved form does not make provision as mentioned in paragraph (a) or if there is no relevant approved form—the office of the department as stated in a gazette notice by the chief executive; or
(c) if paragraph (b) applies and no office is gazetted as mentioned in paragraph (b)—the office of the chief executive.
relevant environmental condition, for a mining tenement, means a condition of an environmental authority (mining activities) under the Environmental Protection Act relating to the tenement.
relevant land, for a mining lease application, means the land the subject of the application.
relevant local government, for land, means the local government for the local government area in which the land is situated.
relevant mining district, for land, means the mining district in which the land is situated.
relevant officer means a mining registrar, deputy mining registrar or field officer appointed under section 336(1) or (2) or another officer appointed under section 336(3).
relevant special interest publication, for the native title provisions, see section 422.
relinquishment condition, for a coal mining lease or an oil shale mining lease, see section 318BM(2).
rental year means each 12-month period that starts on 1 September and ends on 31 August.
repealed Acts means the Acts repealed by this Act.
reserve means—
(a) land that is—
(i) a road; or
(ii) a State forest or timber reserve under the Forestry Act 1959; or
(iii) a resources reserve under the Nature Conservation Act 1992; or
(iv) Aboriginal land under the Aboriginal Land Act 1991 taken to be a reserve because of section 87(2) or 87(4)(b) of that Act; or
Editor's note—
Aboriginal Land Act 1991, section 87 has been renumbered as section 202 under the Aboriginal Land Act 1991, section 148.
(v) Torres Strait Islander land under the Torres Strait Islander Land Act 1991 taken to be a reserve because of section 84(2) or 84(4)(b) of that Act; or
Editor's note—
Torres Strait Islander Land Act 1991, section 84 has been renumbered as section 151 under the Torres Strait Islander Land Act 1991, section 142.
(vi) rail corridor land; or
(vii) vested in—
(A) the Minister administering the Education (General Provisions) Act 2006; or
(B) QR Limited ACN 124 649 967; or
(BA) a rail GOC or a subsidiary of a rail GOC; or
(C) the Queensland Housing Commission; or
(D) the Minister responsible for the construction of public buildings or the chief executive of that Minister's department; or
(viii) held under the Transport Planning and Coordination Act 1994; or
(ix) granted in trust or reserved for a community purpose under the Land Act 1994 or another Act; or
(b) land held under a lease under the Aurukun and Mornington Shire Leases Act 1978, section 3; or
(c) land within the wet tropics area;
but does not include land (other than a road) reserved as a town or suburb under the Land Act 1994.
restricted land means restricted land (category A) or (category B).
restricted land (category A) means land within 100m laterally of a permanent building used—
(a) mainly as accommodation or for business purposes; or
(b) for community, sporting or recreational purposes or as a place of worship.
restricted land (category B) means land within 50m laterally of any of the following features—
(a) a principal stockyard;
(b) a bore or artesian well;
(c) a dam;
(d) another artificial water storage connected to a water supply;
(e) a cemetery or burial place.
right to negotiate provisions, for the native title provisions, see section 422.
road has the meaning given by the Land Act 1994.
road authority for part 7A, see section 318EN.
road use direction see section 318EQ(1).
section 65 conference see section 66.
special agreement Act means any of the following Acts and any agreement or lease under or mentioned in the Acts—
(a) Alcan Queensland Pty. Limited Agreement Act 1965;
(b) Central Queensland Coal Associates Agreement Act 1968;
(c) Central Queensland Coal Associates Agreement and Queensland Coal Trust Act 1984;
(d) Central Queensland Coal Associates Agreement (Amendment) Act 1986;
(e) Central Queensland Coal Associates Agreement Amendment Act 1989;
(f) Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957;
(g) Mount Isa Mines Limited Agreement Act 1985;
(h) Queensland Nickel Agreement Act 1970;
(i) Queensland Nickel Agreement Act 1988;
(j) Thiess Peabody Coal Pty. Ltd. Agreement Act 1962;
(k) Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Act 1965.
specific purpose mining lease means a mining lease that, under section 234(1)(b), is granted for a purpose other than mining.
State-controlled road see the Transport Infrastructure Act 1994, schedule 6.
sub-block means a sub-block as described in section 126.
submission period, for part 7AA, division 2, see section 318AX(2).
submissions means written submissions.
termination includes expiry.
the public interest, for part 7AA, see section 318AK.
tribunal means the Land and Resources Tribunal.
urgency notice, for part 17, division 4, see section 683.
watercourse, for part 10A, see section 382.
wet tropics area means the wet tropics area within the meaning of the Wet Tropics World Heritage Protection and Management Act 1993.
wild river area see the Wild Rivers Act 2005, schedule.
wild river declaration see the Wild Rivers Act 2005, schedule.
wild river high preservation area, for part 10A, see section 382.
wild river preservation area, for part 10A, see section 382.