Division 6 of Part V of the Mining Act 1992 provides the tenement for the lines that connect a mine to the outside world.
Sections 80 to 82 — grant, term and area
The Minister may, on the application of any person and after considering a recommendation from the Council, grant a mining easement.
It shall specify the purposes under section 83 for which it is granted, shall require compliance with the approved proposals as a condition, and may include such other conditions as the Minister determines.
| Limit | |
|---|---|
| Term (s 81) | Identical to the term of the tenement in relation to which it was granted, extendable under section 88 |
| Area (s 82) | That sufficient for the purpose or purposes for which it was granted, in a rectangular or polygonal shape |
Unlike every other tenement, a mining easement has no fixed maximum area. Its extent is defined functionally — what the facility actually needs. That is appropriate for a corridor, but it makes the width and route matters worth scrutinising at application stage.
Section 83 — the permitted facilities
(a) a road; (b) a tramway or railway; (c) an aerial ropeway; (d) a power transmission line; (e) a pipeline; (f) a conveyor system; (g) a bridge or tunnel; (h) a waterway; and (i) any other ancillary facility approved by the Minister.
These are the facilities that cross other people’s land. A single project may run a haul road, a slurry pipeline, a power line and a conveyor across ground held by many different groups — each of whom is a landholder entitled to compensation, and each of whom must be invited to the development forum for a special mining lease project under section 3(2)(b).
Section 84 — the rights conferred
Section 84 authorises the holder, in accordance with the Mining (Safety) Act (Chapter 195A) and the conditions of the easement, to enter and occupy the land and to construct and operate the specified facility, together with what is necessary or expedient for that purpose.
A mining easement authorises a facility. It confers no right to mine, and no right to extract minerals from the corridor. Where the corridor cuts through mineralised ground, that requires a mining lease in the ordinary way.
And, as with a lease for mining purposes, everything is confined to the specified purposes. Read them on the easement document.
Sections 85 to 89 — application, proposals, extension and reporting
- Section 85 — the application, in the form required by Division VI.1.
- Section 86 — the approved proposals, compliance with which is a condition of the easement.
- Section 87 — variation of the approved proposals.
- Section 88 — extension of term.
- Section 89 — reporting requirements.
Sections 90 to 95 — crossing another tenement
A mining easement is the tenement most likely to run across ground already held by someone else. The Act deals with that in five sections:
| Section | Provision |
|---|---|
| 90 | A mining easement may be granted over land the subject of an existing tenement |
| 91 | The duty of the Minister in granting a mining easement over land already held under another tenement |
| 92 | The effect of the mining easement on the primary tenement |
| 93 | The Registrar shall notify the holder of the tenement of the application |
| 94 | The holder of the tenement may object |
| 95 | An objector shall be given notice of the meeting of the Council considering the objection |
Sections 61 to 64 (for an alluvial mining lease), sections 77 to 79 (for a lease for mining purposes) and sections 93 to 95 (for a mining easement) all follow the same structure: notify the existing holder, allow an objection, give notice of the Council meeting.
The existing holder gets process, not a veto. The decision remains the Minister’s, on the Council’s recommendation.
What it means for landowners along the route
- You are a landholder for compensation purposes even though the mine is elsewhere. Section 154 applies in full — including severance under paragraph (c), where a road or pipeline cuts a holding in two, and loss or restriction of a right of way under paragraph (d).
- No entry until compensation is agreed or determined — section 155 applies to every tenement, including an easement.
- Ask to be invited to the development forum if the project involves a special mining lease; section 3(2)(b) covers landholders of other tenements to which the proposals relate.
- Read the specified purposes and the width. The area may be only what is sufficient for the facility.
- Ask about access — whether the corridor will be fenced, whether crossings will be provided, and whether existing tracks to gardens, rivers and burial sites will be maintained.
- Ask about the environment permit; a pipeline or road is an activity under section 41 of the Environment Act 2000, involving works and land clearance.
- Ask what happens at the end — the easement lasts only as long as the tenement it serves, and section 152 governs removal of plant and structures.
- Get advice — the Public Solicitor, or a firm from the law firms directory.
Sources
- Mining Act 1992 — ss 3, 61–64, 77–79, 80–95, 152, 154, 155
- Mining (Safety) Act (Chapter 195A)
- Environment Act 2000 — ss 41, 87
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.