A mine is more than a pit. Division 5 of Part V of the Mining Act 1992 provides the tenement for the rest of it.
Section 65 — the grant
Other than in respect of land subject to an existing tenement (except as provided in sections 75 and 90), the Minister may, on the application of any person and after considering a recommendation from the Council, grant a lease for mining purposes.
Under section 65(2) it shall specify the purpose or purposes under section 68 for which it was granted, shall require compliance with the approved proposals as a condition, and may include such other conditions as the Minister determines.
Note that any person may apply. The holder need not be the miner: section 68 contemplates a lease granted in connection with mining operations conducted by the applicant or some other person. That allows a port, a power station or a road corridor to be held by an infrastructure operator serving the mine.
Section 68 — what it may be granted for
(a) the construction of buildings and other improvements, and operating plant, machinery and equipment;
(b) the installation of a treatment plant and the treatment of minerals in it;
(c) the deposit of tailings or waste;
(d) housing and other infrastructure required in connection with mining or treatment;
(e) transport facilities including roads, airstrips and ports; and
(f) any other purpose ancillary to mining or treatment, or to any of the preceding purposes, which may be approved by the Minister.
The deposit of tailings or waste is a purpose in its own right. A tailings storage facility, a waste rock dump or a mine waste disposal area will sit on a lease for mining purposes — often on land some distance from the mine, and often affecting different landholders.
Those landholders are entitled to the full section 154 compensation, including for social disruption and for land adjoining or in the vicinity under section 154(6). They must also be invited to the development forum for a special mining lease project, because section 3(2)(b) extends to landholders of other tenements to which the applicant’s proposals relate.
Sections 66 and 67 — term, area and depth
| Limit | |
|---|---|
| Term (s 66) | Identical to the term of the related special mining lease or mining lease; where there is no related lease, not exceeding 20 years. Extendable under section 73 |
| Area (s 67(1)) | Not more than 60 km², in a rectangular or polygonal shape |
| Depth (s 67(2)) | Granted to a depth consistent with the purposes for which it was granted |
Tying the term to the related lease means the support tenement lives and dies with the mine it serves. Where there is no related lease — for instance, infrastructure built ahead of a mining lease being granted — the default is 20 years.
Section 69 — the rights conferred
(a) enter and occupy the land;
(b) develop that land and undertake such works as may be necessary or expedient;
(c) take and divert water on or flowing through the land; and
(d) do all other things necessary or expedient,
to achieve the purposes for which the lease was granted.
And under section 69(2), the holder is entitled, for the purposes for which the lease was granted, to the exclusive occupancy of the land.
Section 65(2)(b) requires the lease to specify the purposes; section 69 confines the rights to achieving those purposes; and section 69(2) confines the exclusivity to them as well.
A lease granted for a road does not authorise a tailings dam. Landholders should read the specified purposes on the lease and hold the holder to them — and note that no mining right is conferred at all: this tenement does not authorise the extraction of minerals.
Water rights under paragraph (c) are now governed by Part VII of the Environment Act 2000, which replaced the Water Resources Act.
Sections 70 to 74 — application, proposals, extension and reporting
- Section 70 — the application, on the prescribed form with a schedule and sketch map or a survey, the applicant’s proposals, a statutory declaration of marking out under section 96, lodged in triplicate with the prescribed fee.
- Section 71 — the approved proposals.
- Section 72 — variation of them.
- Section 73 — extension of term.
- Section 74 — reporting requirements.
Sections 75 to 79 — where other tenements are in the way
A lease for mining purposes may be granted over land the subject of an exploration licence (s 75), and over land subject to a mining easement (s 90). The Act then structures the licence holder’s participation:
- Section 76 — the effect of the lease on the exploration licence.
- Section 77 — the Registrar shall notify the licence holder of the application.
- Section 78 — the licence holder may object.
- Section 79 — an objector shall be given notice of the Council meeting considering the objection.
What it means for landowners
- Read the specified purposes. They define what may lawfully be done on your land.
- Tailings and waste are a specified purpose — ask what is proposed, how it will be contained, and what happens at closure.
- You are entitled to compensation under section 154, and there is no entry until it is agreed or determined.
- Neighbouring and downstream land is covered under section 154(6), and under section 87(3) of the Environment Act 2000.
- Insist on being at the development forum if the project involves a special mining lease — section 3(2)(b) covers landholders of related tenements.
- Ask about the environment permit; a tailings facility is a serious activity in its own right under the Environment Act.
- Ask about closure — section 152 governs removal of plant and buildings on expiry, and section 150 the security.
Sources
- Mining Act 1992 — ss 3, 65–79, 90, 96, 97, 150, 152, 154, 155
- Mining (Safety) Act (Chapter 195A)
- Environment Act 2000 — ss 41, 87; Part VII
Before relying on anything here, read the current text of the Mining Act 1992 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.