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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
MINERAL RESOURCES
AMENDMENT BILL 1994
Queensland
MINERAL RESOURCES AMENDMENT
BILL 1994
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 7.43 (Renewal of mining lease) . . . . . . . . . . . . . . . . . . . . . 4
5 Insertion of new s 7.43A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7.43A Application of s 7.43(5)-(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Amendment of s 7.47 (Rental payable on mining lease) . . . . . . . . . . . . . . . 5
7 Amendment of Sch 2 (Savings, transitional and validation) . . . . . . . . . . . . 6
1994
A BILL
FOR
An Act to amend the Mineral Resources Act 1989
4
Mineral Resources Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
1. This Act may be cited as the Mineral Resources Amendment Act 1994. 3
4
Commencement
2. Sections 4, 6 and 7 are taken to have commenced on 1 September 5
1990. 6
amended 7
Act
3. This Act amends the Mineral Resources Act 1989. 8
of s 7.43 (Renewal of mining lease) 9
Amendment
4. Section 7.43(5) and (6)-- 10
omit, insert-- 11
`(5) If a mining lease is renewed under this section before or on the day 12
the lease expires under its terms (the "expiry day"), the term of the lease 13
starts on the day after the expiry day. 14
`(6) If-- 15
(a) an application for renewal of a mining lease is properly made by 16
the holder, but is not withdrawn, rejected or granted, before or on 17
the day the lease expires under its terms; and 18
(b) after the expiry day, the holder of the lease-- 19
(i) continues to pay rental on the lease, and to pay royalties and 20
other amounts, required to be paid under this Act; and 21
(ii) otherwise complies with this Act and the conditions of the 22
lease; 23
the lease continues in force until the application is withdrawn, rejected or 24
granted. 25
5
Mineral Resources Amendment
`(7) If the mining lease mentioned in subsection (6) is renewed under 1
this section after the expiry day, the term of the lease is taken to have started 2
on the day after the expiry day. 3
`(8) If a renewed mining lease contains conditions ("new conditions") 4
different from, or not included in, the conditions of the expired mining 5
lease, the new conditions apply from the later of-- 6
(a) the start of the term of the renewed lease; or 7
(b) the day the renewal is granted. 8
`(9) However, the holder must pay rental on a mining lease continued in 9
force under subsection (6) from the day after the expiry day at the rate that 10
would have been payable, from time to time, if the lease had been renewed 11
on the day after the expiry day, even though payment of rental may be a 12
condition of the lease.'. 13
of new s 7.43A 14
Insertion
5. After section 7.43-- 15
insert-- 16
of s 7.43(5)-(9) 17
`Application
`7.43A.(1) To remove any doubt, section 7.43(5) to (9) does not affect 18
the rental payable on a mining lease before the date of assent because of a 19
decision of a court made before the introduction day about the rental payable 20
on that mining lease. 21
`(2) In subsection (1)-- 22
"introduction day" means the day on which the Mineral Resources 23
Amendment Bill 1994 was introduced into the Legislative Assembly. 24
`(3) This section expires the day after the date of assent.'. 25
of s 7.47 (Rental payable on mining lease) 26
Amendment
6.(1) Section 7.47(3) and (4), `as prescribed by subsection (2)'-- 27
omit. 28
(2) Section 7.47-- 29
6
Mineral Resources Amendment
insert-- 1
`(6A) Subsections (2) to (6) apply to a mining lease continued in force 2
under section 7.43(6), with all necessary changes and with any changes 3
prescribed by regulation, in the same way as they would apply if the lease 4
had been renewed on the last day of its term.'. 5
of Sch 2 (Savings, transitional and validation) 6
Amendment
7.(1) Schedule 2, after clause 3(1)-- 7
insert-- 8
`(1AA) A lease mentioned in subclause (1)(a) or (b) that was, 9
immediately before the commencement of this Act, continued in effect 10
under section 26(6) of the Mining Act 1968 is taken, for the purposes of 11
subclause (1), to be current immediately before the commencement, even 12
though the term of the lease has expired and the lease has not been 13
renewed.'. 14
(2) Schedule 2, table following clause 3(1B)-- 15
relocate (after clause 3(1) and before clause 3(1AA)). 16
(3) Schedule 2, clause 3(2), after `subclause (3)'-- 17
insert-- 18
`and (3A)'. 19
(4) Schedule 2, clause 3(3)-- 20
omit, insert-- 21
`(3) Until a lease taken to be a mining lease under subclause (1) (other 22
than a lease mentioned in subclause (1AA)) expires under its terms, 23
terminates or is renewed under this Act rental is payable after the 24
commencement of this Act in accordance with the provisions applying to 25
the payment of rental under the lease before the commencement. 26
`(3A) Until a lease mentioned in subclause (1AA) terminates or is 27
renewed under this Act, rental is payable in accordance with this Act,1 from 28
the day after the lease expired, for any period for which the lease was 29
1 See section 7.43(9).
7
Mineral Resources Amendment
continued in force under the Mining Act 1968 or is continued in force under 1
this Act. 2
`(3B) From the renewal under this Act of a lease taken to be a mining 3
lease under subclause (1) (including a lease mentioned in subclause (1AA)), 4
rental is payable in accordance with this Act.2'. 5
6
© State of Queensland 1994
2 See section 7.43(9).
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