Tenements and Titles - LexisNexis

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[132,210] ENERGY AND RESOURCES LAWore, unless expressly authorised) and dispose of them, take and divert water subject to therights in Water and Irrigation Act 1914 (WA), and do all things necessary to effectivelycarry out mining operations in, on or under the land. Note, that further approvals aregenerally required before production of minerals may start, including approvals in respectof environmental impact.Special purpose leaseA SPL is for purposes directly connected with mining operations such as operatingmachinery, depositing or treating tailings or for prescribed purposes.General purpose lease (GPL)A GPL entitles its holder, and their agents and employees, to the exclusive occupationof the land for one or more permitted purposes. These include erecting, placing andoperating machinery in connection with mining operations, depositing or treating ofminerals or tailings and use of land for any other specified purpose directly connectedwith mining operations.Standard conditions include the requirement to pay rent, to use the land only for thespecified purpose, to lodge periodical reports and to report any significant discovery ofminerals.An application for a GPL is determined in the same manner as for a mininglicence(ML).Miscellaneous licenceA miscellaneous licence is for purposes such as a road, pipeline, water, as prescribed inthe regulations.[132,410] QueenslandCommon rights and obligationsEach tenement requires its holders to:• carry out improvement restoration to the tenement area (and if necessary, removeall equipment and plant on the land the subject of a tenement;• (if required) pay royalty, rent, security;• use the land for the purpose for which the tenement was granted in accordancewith the conditions of the tenement and the MRA;• lodge reports and give all information (as required).Prospecting Permit (PP)A PP entitles the holder to prospect for and/or hand-mine for minerals (excluding coal)and/or peg a mining lease or mining claim on the available land specified.There are two types of prospecting permits:• a parcel prospecting permit can be granted for a particular parcel for a term of3 months;• a district prospecting permit:— can be granted for all available land within a mining district for a term of1–12 months;— is subject to the holder obtaining the written consent of the land owner foraccess to occupied land.In addition to the common conditions described above:Service 0 130,110 LexisNexisJob: research/erl/allvols/serv_0/chapter_5_262680Page: 16 Date: 11/8/2011 Time: 15:30:3bwpageid:: 130110::bwservice::0::
TENEMENTS AND TITLES[132,610]• a mining registrar may from time to time by notice in writing vary any conditionimposed by the mining registrar (as long as it is consistent with a relevantenvironmental condition).Mining Claim (Claim)A mining claim is granted to holders of prospecting permits to carry out small-scaleoperations with limited use of machinery, can be up to one hectare in area, entitles theholder to prospect and hand-mine for specified minerals and is granted for minerals otherthan coal.In addition to the common conditions described above, a claim holder may not erectany permanent building or any structure on the claim area.Exploration permit (EP)An EP confers upon its holder the rights, subject to conditions to enter onto the land thesubject of the EP, and explore for the minerals specified in the EP.The minister will include as a condition of all EPs that the holder comply withminimum expenditure conditions.Mineral Development licence (MDL)A MDL allows its holder to hold tenure over an identified mineral resource for aspecified period until conditions (for example, market, economic or technology) arefavourable to develop the resource.Subject to the terms of the licence, an MDL holder has the right to undertake activitiesto progress the evaluation of the economic and technical feasibility of developing thediscovered resource, including geological/geophysical studies, mining feasibility studies,metallurgical testing and marketing, engineering and design studies and environmentalstudies.In addition, the minister may direct a MDL holder to apply for a mining lease (ML) ifthe minister believes that operations should start on the land the subject of the MDL. Ifthe MDL is unable to convince the minister that operations should not start, then the MDLholder must either apply for a ML or the minister may, in their discretion, cancel theMDL.Mining lease (ML)A holder of a ML is entitled to enter and be within and upon land comprising the MLfor the purposes for which the ML is granted. This includes the right to machine-minespecified minerals and carry out activities associated with mining or promoting miningactivities.A ML also confers property rights in respect of the minerals that are mined from theML area.[132,610] New South WalesCommon rights and obligationsGenerally, the licence entitles its holder to carry out the activities specified in thelicence, whether that be exploring for specified minerals or mining them.If an application is made by the holder of an exploratory licence (EL) for an assessmentlease (AL) or a mining lease (ML), or by the holder of an AL for an ML, the relevantlicence continues in force until the AL or ML (as applicable) application is dealt with,limited to 2 years.LexisNexis 130,111Service 0Job: research/erl/allvols/serv_0/chapter_5_262680Page: 17 Date: 11/8/2011 Time: 15:30:3bwpageid:: 130111::bwservice::0::
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