Queensland Numbered Acts Queensland Numbered ActsAfter section 10—
insert—
'(1) This section applies to the taking of land, other than by taking or otherwise creating an easement, under a resumption law.
'(2) Despite any other Act, the taking of land does not extinguish mining tenement interests other than to the extent, if any, provided for in the resumption notice for the taking of the land.
'(3) The resumption notice for the taking of land may provide for the extinguishment of a mining tenement interest on the taking only to the extent the relevant Minister for the taking is satisfied the interest is incompatible with the purpose for which the land is taken.
'(4) Without limiting the application of subsection (3), the relevant Minister may be satisfied a mining tenement interest is incompatible with the purpose for which the land is taken if, for that purpose, it is necessary to extinguish all interests in the land, including native title rights and interests.
'(5) A mining tenement interest may be—
(a) wholly extinguished; or
(b) partially extinguished by—
(i) excluding land from the land the subject of the interest; or
(ii) prohibiting the carrying out of activities by the holder of the interest.
'(6) The resumption notice for the taking of land may provide for the extinguishment of mining tenement interests by reference to either or both of the following—
(a) stated land, which—
(i) may be all or part of the land that is taken; and
(ii) if the stated land is only part of the land that is taken—may be described in the resumption notice in any way, including, for example—
(A) as a shape that does not constitute a block or sub-block; or
(B) by using 3 dimensionally located points to identify the position, shape and dimensions of each boundary;
(b) stated mining tenement interests, which may be all mining tenement interests or mining tenement interests of a particular type.
'(7) For the taking of land for which mining tenement interests are extinguished as provided by this section—
(a) each person's interest in an extinguished mining tenement interest is converted into a right to claim compensation under the resumption law; and
(b) the resumption law applies with necessary and convenient changes and with the changes mentioned in subsections (8) and (9) and section 10AAD.
'(8) The notice of intention to resume for the proposed taking of the land must state the extent to which the mining tenement interests are proposed to be extinguished.
'(9) The entity taking the land must give the chief executive a written notice that—
(a) states the details of the extinguishment; and
(b) asks for the extinguishment to be recorded in the register; and
(c) is accompanied by a certified copy of the resumption notice.
'(10) In this section—
certified copy, of the resumption notice, means a copy of the original of the notice that has been certified by a justice of the peace as being a correct copy of the original notice.
relevant Minister, for the taking of land under a resumption law, means—
(a) if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the Minister to whom the application that the land be taken is made under section 9 of that Act; or
(b) otherwise—the Minister administering the resumption law under which the land is, or is to be, taken.
'(1) This section applies if, under section 10AAA, the resumption notice for the taking of land (other than by taking or otherwise creating an easement) under a resumption law provides for the extinguishment of mining tenement interests for stated land.
'(2) If the resumption notice states that all mining tenement interests relating to the stated land are extinguished and a mining tenement interest relates only to the stated land, the interest is wholly extinguished.
'(3) If the resumption notice states that all mining tenement interests relating to the stated land are extinguished and a mining tenement interest relates to the stated land and other land—
(a) the stated land is no longer the subject of the interest; and
(b) without limiting paragraph (a)—
(i) the stated land is excluded from the area of the mining tenement comprising the interest, or under or in relation to which the interest exists; and
(ii) this Act applies in relation to the area of the mining tenement with necessary and convenient changes to allow for the exclusion of the stated land, including, for example, to allow the area—
(A) to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; or
(B) to comprise land that is not contiguous; and
(iii) for this Act, land in the area of the mining tenement is taken to be contiguous if the land would be contiguous but for the exclusion of the stated land.
'(4) If the resumption notice states that the carrying out of stated activities on the stated land by holders of stated mining tenement interests is prohibited, the holder of a stated mining tenement interest is not, or is no longer, authorised to carry out the stated activities on the stated land.
'(5) However, subsections (3) and (4) do not apply in relation to a mining tenement interest that comprises, or exists under or in relation to, a new or renewed mining tenement granted after the land is taken.
'(1) The decision-maker for an application for a new mining tenement may, under a grant provision, grant a new mining tenement for an area that includes acquired land only if the decision-maker, after consulting the entity that took the land, is satisfied the grant of the tenement is compatible with the purpose for which the land is being or is to be used.
'(2) If there are 2 or more applications under this Act for the grant, under a grant provision, of a new mining tenement for an area that includes the same acquired land, the applications are to be dealt with as follows—
(a) the applications must be considered and decided according to the day on which they are lodged;
(b) if the applications were lodged on the same day—
(i) they take the priority the decision-maker decides, after considering the relative merits of each application; and
(ii) the mining registrar must give each applicant a written notice stating there is competition for priority between the applicant's application and another application, or other applications, lodged on the same day as the day on which the applicant's application was lodged.
'(3) If a grant provision provides for the grant of a new mining tenement (the new tenement) over land in the area of an existing mining tenement (the existing tenement)—
(a) the application under this Act for the new tenement may include acquired land that was, immediately before the taking of the land, in the existing tenement's area; and
(b) subject to subsections (1) and (2), the decision-maker for the application may grant a new tenement for an area that includes the acquired land as if the acquired land were in the existing tenement's area.
'(4) To remove any doubt, it is declared that this section does not affect the operation of the provisions of this Act about the application for, and grant of, a new mining tenement other than to the extent provided for in subsections (1) to (3).
'(5) In this section—
decision-maker, for an application for a new mining tenement, means the entity responsible for granting the tenement.
grant provision means a provision of this Act providing for the grant of a new mining tenement.
new mining tenement includes a renewed mining tenement.
'(1) This section applies if land in a mining tenement's area is taken under a resumption law (including by taking or otherwise creating an easement).
'(2) In assessing any compensation to be paid to the holder of a mining tenement interest in relation to the taking of the land, allowance can not be made for the value of minerals known or supposed to be on or below the surface of, or mined from, the land.'.