[134,210] ENERGY AND RESOURCES LAWLicence typeExploration licence (EL)Assessment lease (AL)Mining lease (ML)Opal prospecting licence(OPL)Mineral claim (claim)TermThe term of an EL is at the discretion of the minister;however, it is typically granted <strong>and</strong> renewed for periods of 3to 5 years. The minister cannot grant an EL for a periodexceeding 5 years <strong>and</strong> may renew an EL for a further periodof up to 5 years.The term of an AL is at the discretion of the ministerhowever the term cannot exceed 5 years.MLs are granted for a term of up to 21 years, unlessapproved by both the minister <strong>and</strong> the premier to exceed thisperiod <strong>and</strong> may renew a ML for a further period of up to21 years (or a longer period with the approval of thepremier).OPLs are granted for a period of either 28 days or 3 monthsover designated opal prospecting blocks (OPBs).Claims can be granted for up to 5 years, as determined bythe Director-General, except in mineral claims districts(MCDs), where special conditions may specify a shorterperiod.CancellationA decision-maker may cancel an authority as to the whole or any part of the l<strong>and</strong> towhich it relates if:1. requested by the title holder;2. the title holder contravenes a provision of the Mining Act or the regulations, doesnot use the l<strong>and</strong> comprised in the title in good faith for the purposes for whichit was granted, contravenes a condition a title, or does not comply with therequirements of any compensation agreement; or3. a decision-maker reasonably considers that the title holder gave false ormisleading information in or in connection with an application or any report;4. the title holder is convicted of any offence relating to mining or minerals;5. the l<strong>and</strong> is required for a public purpose.Before cancelling a title on a ground referred to in para 2, the decision-maker must givewritten notice of the proposed cancellation <strong>and</strong> the grounds for it, give the holder areasonable opportunity to make representations <strong>and</strong> take any such representations intoconsideration. Any person aggrieved by a cancellation decision may appeal the decisionto the NSW L<strong>and</strong> <strong>and</strong> Environment Court. A title holder is only entitled to compensationif the title was cancelled because the l<strong>and</strong> is required for a public purpose — the amountof compensation is for mining improvements made <strong>and</strong> determined by the minister.[The next page is 140,001]Service 0 130,116 <strong>LexisNexis</strong>Job: research/erl/allvols/serv_0/chapter_5_262680Page: 22 Date: 11/8/2011 Time: 15:30:3bwpageid:: 130116::bwservice::0::
TENEMENTS AND TITLES[141,410]Overlapping tenementsINTRODUCTORY COMMENTSIn recent years, especially with the development of the coal seam gas (CSG) industryon the eastern seaboard of Australia, the issue of multiple uses for the same resource hasattracted greater attention. CSG <strong>and</strong> coal are by their nature co-located resources. Thequestion is who has the right to explore for <strong>and</strong> produce the resources, where more thanone resource is located in the same area or the same resource can be used to produce morethan one mineral. For example, the same coal seam can be used to produce CSG or minedfor conventional coal. However, in addition to the potential competing interests betweencoal protagonists <strong>and</strong> CSG protagonists, proponents of geothermal, carbon capture <strong>and</strong>storage <strong>and</strong> underground coal gasification might also be competing over the same l<strong>and</strong>.Most jurisdictions have amended their existing legislation or passed new legislation toaddress the multi-industry l<strong>and</strong>-use issue. In Queensl<strong>and</strong>, the issue has received particularattention.Apart from overlapping tenement issues between competing industries, there are alsooverlapping tenement issues between mining tenement holders <strong>and</strong> prospective miningtenement holders. Examples of potential mining tenement conflicts include:• two parties making an application for an exploration tenement over the samepiece of l<strong>and</strong>;• one party makes an application for an exploration licence <strong>and</strong> the other makes anapplication for a mining lease over the same piece of l<strong>and</strong>.WESTERN AUSTRALIA[141,010] Priorities under the Mining Act 1978 (WA)Subject to the Mining Act 1978 (WA), if more than one application is received for amining tenement (except for a miscellaneous licence) in respect of the same l<strong>and</strong> or anypart of it, then the applicant who “first complies with the initial requirement” in relationto their application has the right of priority over every other applicant to have the miningtenement granted. This rule applies to an application for a prospecting licence (PL),exploration licence (EL), mining licence (ML) or general purpose lease (GPL). Theminister may, under the Mining Act 1978 (WA), exercise their discretion not to grant anexploration licence or other lease or may refuse an application on public interest grounds.[141,210] Co-existence of petroleum <strong>and</strong> geothermal titlesUnder the WA Petroleum Act, petroleum titles <strong>and</strong> geothermal titles may subsist inrespect of the same area. It allows for the concept of multipurpose l<strong>and</strong> use by providingthat the minister must write to the registered holder of the first title, allowing at least onemonth’s notice <strong>and</strong> take into account any matters that the person wishes the minister toconsider before a new title is granted. This process is a consultation mechanism ratherthan a right to veto an application.[141,410] Co-existence of petroleum <strong>and</strong> mining titlesThe WA legislation does not explicitly address the co-existence or priority of rightsbetween mineral tenement holders or applicants <strong>and</strong> petroleum tenement holders orapplicants. However, overlapping titles can be granted between petroleum <strong>and</strong> mineraltenement holders.<strong>LexisNexis</strong> 140,001Service 0Job: research/erl/allvols/serv_0/chapter_5_262680Page: 23 Date: 11/8/2011 Time: 15:30:3bwpageid:: 140001::bwservice::0::