Mineral Resources Regulation 2003

Transcription

1 Queensland Mineral Resources Act 1989 Mineral Resources Regulation 2003 Reprinted as in force on 1 July 2012 Reprint No. 8A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning This reprint is not an authorised copy

2 Information about this reprint This regulation is reprinted as at 1 July The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act A table of reprints is included in the endnotes. Also see endnotes for information about when provisions commenced editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, lodgement has replaced lodgment ). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

3 Queensland Mineral Resources Regulation 2003 Contents Page Part 1 Preliminary 1 Short title Definitions Part 3 Prospecting permits 4 Conditions of prospecting permits Act, s Minimum security for district prospecting permit Part 4 Mining claims Division 1 Provisions about applications for mining claim 6 Amendment of application after survey of contiguous land Prescribed areas for particular land Act, s Division 2 Conditions of mining claims 8 Application of div General conditions Prohibited prospecting or hand mining equipment Part 5 Exploration permits 11 Prescribed areas Act, ss 127 and Office where application may be made Numbering of application A Reporting to Minister Act, s B Annual report for exploration permit C Partial relinquishment report for exploration permit D Final report for exploration permit Conditions of exploration permits Act, s Part 6 Mineral development licences 14A Reporting to Minister Act, s B Annual report for mineral development licence C Partial surrender report for mineral development licence

4 Contents 14D Final report for mineral development licence Conditions of mineral development licences Part 7 Page 2 Mining leases 15A Definitions for pt Amendment of application after survey of contiguous land Person may obtain copy of mining lease application Conditions of mining lease A Required level of knowledge about resources or reserves of petroleum B Condition of mining lease principal hazard management plan C Consultation requirement for principal hazard management plan 52 19D Content of principal hazard management plan E Resolving disputes about provision proposed by petroleum lease holder F Requirement to stop particular activities Part 8 Restrictions on grant Division 1 Preliminary 20 Restricted areas Division 2 Restrictions on grant 21 Restrictions on grant of mining tenements Restrictions on number of particular mining tenements Referral of applications Part 9 Royalties Division 1 Provisions about royalty returns 24 Application of div Form of royalty returns Information to accompany or support royalty return Period to which a royalty return must relate When royalty return must be lodged No royalty return required in particular circumstances Division 2 Royalty payable for minerals Subdivision 1 Royalty payable 30 When royalty payable yearly return period A When and how royalty payable quarterly return period B Working out monthly payments for quarterly return period generally C Election to change monthly payments for quarterly return period 64

5 Contents 31 Royalty payable Royalty on stocks of mineral for mining operation that has ended Subdivision 2 Exemptions for particular minerals 33 Exemption for coal seam gas Threshold exemption for particular minerals Subdivision 3 Discounts for particular minerals processed in Queensland 39 Royalty discounts for particular minerals Division 3 Working out values of minerals Subdivision 1 Preliminary 40 Application of div Subdivision 2 Value of minerals generally 41 Value of coal seam gas Value of minerals other than coal seam gas Subdivision 3 Gross value of minerals other than coal seam gas 43 Definitions for sdiv A Meaning of market value mineral B Gross value of a mineral C Application for gross value royalty decision by holder D Minister may request application for gross value royalty decision 75 43E Requirements for application for gross value royalty decision F Gross value royalty decision G Considerations for gross value royalty decision H Minister s power to amend gross value royalty decision I Procedure for amending a gross value royalty decision on Minister s initiative J Procedure for amending a gross value royalty decision on application by holder K Notice of decision to amend or not amend a gross value royalty decision Division 4 Assessment of royalty payable 44 Assessment of royalty payable Refund or credit if royalty paid higher than amount assessed Notice requirement if royalty paid lower than amount assessed. 81 Division 5 Prescribed interest rate 47 Interest rate on unpaid royalty Page 3

6 Contents Division 6 Provisions about royalty estimates 47A Application of div B What notice must contain C Form of and information to be included in royalty estimate D Minister may request information to support royalty estimate Division 7 Other 47E Special provision for transition to calender quarterly return period 85 Part 10 Administration and judicial functions 48 Amount held by tribunal for compensation trust decision Act, s Part 11 Registers Division 1 Particulars that must be included in register kept by mining registrars 49 Application of div Particulars about applications for prospecting permits, mining claims or mining leases General particulars about prospecting permits, mining claims and mining leases Other particulars about prospecting permits Other particulars about mining claims Other particulars about mining leases Division 2 Particulars that must be included in register kept by chief executive 55 Application of div Particulars about applications for exploration permits or mineral development licences General particulars about exploration permits and mineral development licences Other particulars about exploration permits Other particulars about mineral development licences Division 3 Requirements relating to registration of particular transactions or events 60 Definition for div Request for registration of sale under writ of execution Request for transmission by death grant of probate or letters of administration Request for transmission by death no grant of probate or letters of administration Request for transmission in bankruptcy Page 4

7 Contents 65 Request to record death of joint holder Request for change or correction of name Division 4 Form of registers 67 Form of register Division 5 Priority of registration 69 Priority of registration Part 12 Miscellaneous Division 1 Requirements for mortgagees exercising power of sale 75 Definition for div Requirements for exercise of power of sale by mortgagee Additional information required from mortgagee exercising power of sale Division 2 Additional information and lodgement requirements 78 Information to accompany application for duplicate authorising document Survey must be lodged with the chief executive Division 3 Other miscellaneous provisions 80 Time of lodgement to be noted Particular applications must not be accepted Prescribed hours of business Rental payable for mining tenement Fees Part 13 Transitional provisions Division 1 Transitional provision for Mineral Resources Amendment Regulation (No. 5) Transitional provision for rental Division 2 Transitional provisions for Mineral Resources Amendment Regulation (No. 4) Definitions for div Existing decisions about gross value Existing applications for decision about gross value Existing provisions apply in relation to working out value of minerals for particular return periods A Royalty payable for return period starting before but ending after 1 January Division 3 Transitional provision for Mineral Resources Amendment Regulation (No. 2) Application of s Page 5

8 Contents Division 5 Page 6 Transitional provision for Resources Legislation Amendment Regulation (No. 1) When royalty payable for particular quarterly return periods Schedule 2 Prescribed area for mining claim land Schedule 2A Potential hazard guide Restrictions on grant Part 1 Restricted area Prohibited mining tenements Maximum grant area for particular mining leases Maximum number for particular mining leases Additional conditions for all mining tenements Part 2 Restricted area Nominated referral entity Part 3 Restricted area Nominated referral entity Part 4 Restricted area Nominated referral entity Part 5 Restricted area Nominated referral entity Part 7 Restricted area Prohibited mining tenements Part 8 Restricted area

9 Contents 3 Prohibited mining tenements Part 9 Restricted area Prohibited mining tenements Part 10 Restricted area Nominated referral entity Part 11 Restricted area Prohibited mining tenements Nominated referral entity Part 12 Restricted area Prohibited mining tenements Part 13 Restricted area Prohibited mining tenements Part 14 Restricted area Prohibited mining tenements Part 15 Restricted area Prohibited mining tenements Maximum grant area for particular mining leases Maximum number for particular mining leases Additional conditions for all mining tenements Part 16 Restricted area Page 7

10 Contents 3 Prohibited mining tenements Part 17 Restricted area Nominated referral entity Part 18 Restricted area Nominated referral entity Part 19 Restricted area Nominated referral entity Part 20 Restricted area Prohibited mining tenements Part 21 Restricted area Prohibited mining tenements Part 22 Restricted area Nominated referral entity Part 23 Restricted area Nominated referral entity Part 24 Restricted area Prohibited mining tenements Part 25 Restricted area Page 8

11 Contents 3 Prohibited mining tenements Part 26 Restricted area Nominated referral entity Part 27 Restricted area Nominated referral entity Part 28 Restricted area Prohibited mining tenements Part 30 Restricted area Nominated referral entity Part 31 Restricted area Prohibited mining tenements Part 32 Restricted area Prohibited mining tenements Part 33 Restricted area Nominated referral entity Part 34 Restricted area Prohibited mining tenements Part 35 Restricted area Page 9

12 Contents 3 Prohibited mining tenements Part 36 Restricted area Prohibited mining tenements Part 37 Restricted area Prohibited mining tenements Part 38 Restricted area Prohibited mining tenements Part 39 Restricted area Prohibited mining tenements Part 40 Restricted area Prohibited mining tenements Part 41 Restricted area Prohibited mining tenements Part 42 Restricted area Prohibited mining tenements Additional conditions for all mining tenements Part 43 Restricted area Prohibited mining tenements Part 44 Restricted area Page 10

13 Contents Prohibited mining tenements Part 45 Restricted area Prohibited mining tenements Part 46 Restricted area Prohibited mining tenements Part 47 Restricted area Prohibited mining tenements Part 48 Restricted area Nominated referral entity Part 49 Restricted area Prohibited mining tenements Part 50 Restricted area Nominated referral entity Part 51 Restricted area Prohibited mining tenements Part 52 Restricted area Prohibited mining tenements Part 53 Restricted area Page 11

14 Contents Prohibited mining tenements Part 54 Restricted area Prohibited mining tenements Part 55 Restricted area Nominated referral entity Part 56 Restricted area Prohibited mining tenements Part 57 Restricted area Prohibited mining tenements Part 58 Restricted area Maximum grant area for particular exploration permits Part 59 Restricted area Nominated referral entity Part 60 Restricted area Nominated referral entity Part 61 Restricted area Nominated referral entity Part 62 Restricted area Page 12

15 Contents Nominated referral entity Part 63 Restricted area Nominated referral entity Part 64 Restricted area Prohibited mining tenements Part 65 Restricted area Nominated referral entity Part 66 Restricted area Prohibited mining tenements Part 67 Restricted area Nominated referral entity Part 68 Restricted area Nominated referral entity Part 69 Restricted area Nominated referral entity Part 70 Restricted area Prohibited mining tenements Part 71 Restricted area Page 13

16 Contents Prohibited mining tenements Part 72 Restricted area Nominated referral entity Part 73 Restricted area Nominated referral entity Part 74 Restricted area Nominated referral entity Part 75 Restricted area Nominated referral entity Part 76 Restricted area Nominated referral entity Part 77 Restricted area Prohibited mining tenements Part 78 Restricted area Prohibited mining tenements Part 79 Restricted area Prohibited mining tenements Part 82 Restricted area Page 14

17 Contents Prohibited mining tenements Part 85 Restricted area Prohibited mining tenements Part 87 Restricted area Prohibited mining tenements Part 88 Restricted area Prohibited mining tenements Part 89 Restricted area Prohibited mining tenements Part 95 Restricted area Prohibited mining tenements Part 96 Restricted area Prohibited mining tenements Part 97 Restricted area Prohibited mining tenements Part 98 Restricted area Prohibited mining tenements Part 99 Restricted area Page 15

18 Contents Prohibited mining tenements Part 100 Restricted area Prohibited mining tenements Part 101 Restricted area Prohibited mining tenements Part 102 Restricted area Prohibited mining tenements Part 103 Restricted area Prohibited mining tenements Part 105 Restricted area Prohibited mining tenements Part 106 Restricted area Prohibited mining tenements Part 107 Restricted area Prohibited mining tenements Part 108 Restricted area Prohibited mining tenements Part 109 Restricted area Page 16

19 Contents Prohibited mining tenements Part 110 Restricted area Prohibited mining tenements Part 111 Restricted area Nominated referral entity Part 112 Restricted area Nominated referral entity Part 113 Restricted area Nominated referral entity Part 114 Restricted area Nominated referral entity Part 115 Restricted area Nominated referral entity Part 116 Restricted area Nominated referral entity Part 117 Restricted area Nominated referral entity Part 118 Restricted area Page 17

20 Contents Nominated referral entity Part 119 Restricted area Nominated referral entity Part 120 Restricted area Nominated referral entity Part 121 Restricted area Nominated referral entity Part 122 Restricted area Nominated referral entity Part 123 Restricted area Prohibited mining tenements Part 124 Restricted area Nominated referral entity Part 125 Restricted area Prohibited mining tenements Part 126 Restricted area Nominated referral entity Part 127 Restricted area Page 18

21 Contents Prohibited mining tenements Part 128 Restricted area Prohibited mining tenements Part 130 Restricted area Nominated referral entity Part 131 Restricted area Nominated referral entity Part 132 Restricted area Nominated referral entity Part 133 Restricted area Nominated referral entity Part 134 Restricted area Nominated referral entity Part 135 Restricted area Prohibited mining tenements Part 136 Restricted area Nominated referral entity Part 137 Restricted area Page 19

22 Contents Nominated referral entity Part 138 Restricted area Nominated referral entity Part 139 Restricted area Prohibited mining tenements Part 140 Restricted area Prohibited mining tenements Part 141 Restricted area Prohibited mining tenements Part 142 Restricted area Prohibited mining tenements Part 143 Restricted area Prohibited mining tenements Part 144 Restricted area Prohibited mining tenements Part 145 Restricted area Prohibited mining tenements Part 146 Restricted area Page 20

23 Contents Prohibited mining tenements Part 147 Restricted area Prohibited mining tenements Part 149 Restricted area Prohibited mining tenements Part 150 Restricted area Prohibited mining tenements Part 151 Restricted area Prohibited mining tenements Part 152 Restricted area Prohibited mining tenements Part 153 Restricted area Prohibited mining tenements Part 154 Restricted area Prohibited mining tenements Part 155 Restricted area Prohibited mining tenements Part 156 Restricted area Page 21

24 Contents Prohibited mining tenements Part 157 Restricted area Prohibited mining tenements Part 158 Restricted area Prohibited mining tenements Part 159 Restricted area Prohibited mining tenements Part 160 Restricted area Prohibited mining tenements Part 161 Restricted area Prohibited mining tenements Part 162 Restricted area Prohibited mining tenements Part 163 Restricted area Prohibited mining tenements Part 164 Restricted area Prohibited mining tenements Part 165 Restricted area Page 22

25 Contents Maximum grant area for particular exploration permits Maximum number for particular exploration permits Part 166 Restricted area Maximum grant area for particular exploration permits Maximum number for particular exploration permits Part 167 Restricted area Maximum grant area for particular exploration permits Maximum number for particular exploration permits Part 168 Restricted area Maximum grant area for particular exploration permits Maximum number for particular exploration permits Part 169 Restricted area Maximum grant area for particular exploration permits Maximum number for particular exploration permits Part 170 Restricted area Maximum grant area for particular exploration permits Maximum number for particular exploration permits Part 171 Restricted area Maximum grant area for particular exploration permits Maximum number for particular exploration permits Part 172 Restricted area Page 23

26 Contents 3 Maximum grant area for particular exploration permits Maximum number for particular exploration permits Part 173 Restricted area Maximum grant area for particular exploration permits Maximum number for particular exploration permits Part 174 Restricted area Maximum grant area for particular exploration permits Maximum number for particular exploration permits Part 175 Restricted area Prohibited mining tenements Part 176 Restricted area Prohibited mining tenements Part 177 Restricted area Prohibited mining tenements Part 178 Restricted area Prohibited mining tenements Part 180 Restricted area Prohibited mining tenements Part 181 Restricted area Prohibited mining tenements Page 24

27 Contents Part 182 Restricted area Prohibited mining tenements Part 183 Restricted area Prohibited mining tenements Part 184 Restricted area Prohibited mining tenements Part 185 Restricted area Prohibited mining tenement Part 186 Restricted area Prohibited mining tenements Part 187 Restricted area Prohibited mining tenements Part 188 Restricted area Prohibited mining tenements Part 188A Restricted area Prohibited mining tenements Part 189 Restricted area Prohibited mining tenements Page 25

28 Contents Part 190 Restricted area Prohibited mining tenements Part 203 Restricted area Prohibited mining tenements Part 204 Restricted area Prohibited mining tenements Part 205 Restricted area Prohibited mining tenements Part 206 Restricted area Prohibited mining tenements Part 206A Restricted area Prohibited mining tenements Part 209 Restricted area Prohibited mining tenements Part 210 Restricted area Prohibited mining tenements Schedule 4 Royalty payable for minerals Part 1 Royalty rates for prescribed minerals 1 Definitions for pt Royalty rate for prescribed mineral Page 26

29 Contents Part 2 Royalty rates for minerals other than prescribed minerals 1 Particular minerals Bauxite Coal Corundum, gemstones and other precious stones Coal seam gas A Manganese, molybdenum, rare earths, tantalum and tungsten Mineral sands Phosphate rock Processed oil shale Iron ore Other minerals Schedule 5 Rental payable Schedule 6 Fees Schedule 7 Dictionary Endnotes 1 Index to endnotes Date to which amendments incorporated Key Table of reprints Tables in earlier reprints List of legislation List of annotations Page 27