Mining (Strategic Prospectivity Zones) Act 1993

Mining (Strategic Prospectivity Zones) Act 1993

An Act to ensure continuing access for mining purposes to areas of the State having very high potential for mineral exploration

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short Title

This Act may be cited as the Mining (Strategic Prospectivity Zones) Act 1993 .

2.   Commencement

This Act commences on the day on which it receives the Royal Assent.

3.   Interpretation

[Section 3 Amended by No. 38 of 2002, Sched. 1, Applied:27 Nov 2002] In this Act, unless the contrary intention appears, expressions used have the same meaning as in the Mineral Resources Development Act 1995 .

4.   Objects of Act

[Section 4 Amended by No. 38 of 2002, s. 4, Applied:27 Nov 2002] The objects of this Act are to ensure that, for mining purposes, there will be continuing access to certain areas of the State having a very high potential for effective and efficient mining for minerals, without any implication as to the prospectivity of the remaining areas of the State.

5.   Act to bind Crown

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

6.   Strategic prospectivity zones

(1)  [Section 6 Subsection (1) amended by No. 38 of 2002, s. 5, Applied:27 Nov 2002] For the purposes of this Act, the areas of land described in Schedule 1 and which are shown on Plan No. 5132 in the Central Plan Register are established as strategic prospectivity zones.

(2)  Strategic prospectivity zones are shown for the purposes of illustration only on the map specified in Schedule 2 .

7.   Status of Crown land in strategic prospectivity zones

(1)  In this section –

Crown land has the same meaning as in the Crown Lands Act 1976 ;

public land has the same meaning as in the Public Land (Administration and Forests) Act 1991 .

(2)  After the commencement of this Act, it is not lawful for any Crown land that is situated in a strategic prospectivity zone to be sold or for the status of any such Crown land to be changed unless the sale or change is approved by resolution of both Houses of Parliament.

(3)  Subsection (2) has effect notwithstanding the Crown Lands Act 1976 .

(4)  Where any Crown land is less than 500 hectares in area and –

(a) is sold in accordance with the Crown Lands Act 1976 ; or

(b) is sold under the Forestry Act 1920 ; or

(c) [Section 7 Subsection (4) amended by No. 38 of 2002, Sched. 1, Applied:27 Nov 2002] [Section 7 Subsection (4) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] is subject to any change of status or the grant of an occupation right under the Crown Lands Act 1976 or the Forestry Act 1920 , if that change or occupation right would limit the operation of the Mineral Resources Development Act 1995 ; or

(ca) [Section 7 Subsection (4) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] is subject to any change of class under the Nature Conservation Act 2002 that limits the operation of the Mineral Resources Development Act 1995 ; or

(cb) [Section 7 Subsection (4) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] is subject to the grant of an occupation right under the National Parks and Reserves Management Act 2002 that limits the operation of the Mineral Resources Development Act 1995 ; or

(d) is, under section 20AA of the Forestry Act 1920 , subject to a minor alteration in the boundary of that land –

the land is exempt from the operation of this section unless the Director of Mines is of opinion that effective and efficient mining operations may be carried out on the land.

(5)  Where any land –

(a) [Section 7 Subsection (5) amended by No. 38 of 2002, s. 6, Applied:27 Nov 2002] is dedicated as State forest under section 14 of the Forestry Act 1920 and is not subject to an order under section 5(3) of the Mineral Resources Development Act 1995 ; or

(b) [Section 7 Subsection (5) amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000] [Section 7 Subsection (5) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] forms part of a State reserve, national park, nature reserve, historic site or game reserve under the Nature Conservation Act 2002 ; or

(c) forms part of a town specified in Schedule 3 ; or

(d) [Section 7 Subsection (5) amended by No. 38 of 2002, Sched. 1, Applied:27 Nov 2002] [Section 7 Subsection (5) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] is subject to the grant of an occupation right under the Crown Lands Act 1976 , the Forestry Act 1920 or the National Parks and Reserves Management Act 2002 which would not limit the operation of the Mineral Resources Development Act 1995 ; or

(e) [Section 7 Subsection (5) amended by No. 38 of 2002, Sched. 1, Applied:27 Nov 2002] is subject to an order under section 8 of the Crown Lands Act 1976 that effects a change of status of the land and does not limit the operation of the Mineral Resources Development Act 1995 –

the land is exempt from the operation of this section.

(6)  Where –

(a) [Section 7 Subsection (6) amended by No. 38 of 2002, Sched. 1, Applied:27 Nov 2002] a lease or licence has been granted under the Mineral Resources Development Act 1995 for mining operations which may cause a substantial disturbance to the surface of any public land; and

(b) after the grant of the lease or licence it is discovered that –

(i) a species of flora or fauna may become endangered, vulnerable or rare as a result of the mining operations; or

(ii) a physical feature, or entity, of cultural heritage or natural heritage value may suffer substantial adverse effects as a result of the mining operations; or

(iii) an area, object or physical characteristic of particular significance to Aborigines may suffer substantial adverse effects as a result of the mining operations; or

(iv) a physical feature, or entity, that is part of the natural or cultural environment of Australia, has aesthetic, historic, scientific, social or other special value for future generations as well as the present community and may suffer substantial adverse effects as a result of the mining operations; and

(c) [Section 7 Subsection (6) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 7 Subsection (6) amended by No. 38 of 2002, Sched. 1, Applied:27 Nov 2002] [Section 7 Subsection (6) amended by No. 28 of 2009, s. 40, Applied:01 Sep 2009] by reason of one or more of the matters referred to in paragraph (b) , a reference is given to the Tasmanian Planning Commission established under the Tasmanian Planning Commission Act 1997 in accordance with Part 2 of the Public Land (Administration and Forests) Act 1991 on the instructions of the Minister administering the Mineral Resources Development Act 1995 and the Minister administering the Constitution Act 1934 ; and

(d) as a result of the reference, a recommendation for a change of use of the land in question is made and is the subject of a proclamation by the Governor –

the land is exempt from the operation of this section.

(7)  [Section 7 Subsection (7) amended by No. 28 of 2009, s. 40, Applied:01 Sep 2009] [Section 7 Subsection (7) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] Where a recommendation by the Tasmanian Planning Commission established under the Tasmanian Planning Commission Act 1997 under section 15 , 17 or 17A of the Forestry Act 1920 would have the effect of a change of use of any public land, the land is exempt from the operation of this section.

(8)  [Section 7 Subsection (8) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] Where a procedure for obtaining parliamentary approval for any sale or change in status of Crown land is provided by the Crown Lands Act 1976 , the Forestry Act 1920 or the Nature Conservation Act 2002 , the land is exempt from the operation of this section.

(9)  The Governor may, by order published in the Gazette, amend Schedule 3 –

(a) by adding the name of a town; or

(b) by omitting the name of a town; or

(c) by omitting that Schedule and substituting a new Schedule.

(10)  An order made under subsection (9) is not a statutory rule within the meaning of the Rules Publication Act 1953 .

8.   "Parliamentary approval" defined

For the purposes of this Act, a House of Parliament is to be taken to have approved a resolution if a draft of the resolution has been laid on the table of that House, and –

(a) the draft is approved by that House; or

(b) at the expiration of 5 sitting days after the draft was laid on the table of that House no notice has been given of a motion to disapprove the draft or, if such a notice has been given, it has been withdrawn or the motion has been negatived; or

(c) any notice of a motion to disapprove the draft given during the period of 5 sitting days after the draft was laid on the table of that House is, subsequent to those 5 sitting days, withdrawn or the motion is negatived.

9.   Reimbursement of exploration costs

(1)  [Section 9 Subsection (1) substituted by No. 38 of 2002, s. 7, Applied:27 Nov 2002] The holder of a licence under the Mineral Resources Development Act 1995 may be reimbursed the reasonable cost of any work conducted under that licence if –

(a) the licence authorises the holder to explore for minerals on any Crown land in a strategic prospectivity zone; and

(b) the use of any part of that land is changed under any law of the State resulting in the licence being revoked.

(2)  An amount that is required to be reimbursed to the holder of a licence under subsection (1) is to be paid to the holder within a period of 3 months after it becomes due and, if not so paid, is recoverable as a debt due by the Crown to the holder of the licence in any court of competent jurisdiction.

10.   Compensation on revocation of lease

(1)  [Section 10 Subsection (1) substituted by No. 38 of 2002, s. 8, Applied:27 Nov 2002] The holder of a lease under the Mineral Resources Development Act 1995 may be reimbursed for any reasonable loss or reasonable damage if –

(a) the lease authorises the holder to carry out mining operations on any Crown land in a strategic prospectivity zone; and

(b) the use of any part of that land is changed under any law of the State resulting in the lease being revoked.

(2)  [Section 10 Subsection (2) amended by No. 38 of 2002, s. 8, Applied:27 Nov 2002] In default of agreement between the Minister and the lessee, the amount of the compensation is to be determined by the Mining Tribunal.

(3)  [Section 10 Subsection (3) amended by No. 38 of 2002, s. 8, Applied:27 Nov 2002] Where the status of any part of a mineral tenement has been changed under section 7 and that part can be severed from the remainder of the tenement without undue interference with the mining operations carried on by the lessee, the Minister may–

(a) grant or issue to the lessee a new lease, licence or other appropriate authority comprising the remaining part, either alone or in conjunction with other available adjoining land; and

(b) in the case of a claim, cause the remaining part to be resurveyed or defined in accordance with the regulations and permit the lessee to occupy that land, either solely or in conjunction with other available adjoining land; and

(c) include in any lease granted under this section the right to work and mine at the prescribed depth below the surface of the whole or any part of the land of which the status has been changed under section 7 .

(4)  [Section 10 Subsection (4) amended by No. 38 of 2002, s. 8, Applied:27 Nov 2002] The Minister must, before the exercise of any of the powers conferred by subsection (3) , communicate to the lessee particulars of the manner in which it is proposed to exercise those powers and if the lessee is dissatisfied with the proposal he or she may apply to the Mining Tribunal on a claim for compensation.

(5)  [Section 10 Subsection (5) amended by No. 38 of 2002, s. 8, Applied:27 Nov 2002] On the hearing of any such claim the Mining Tribunal may make an order–

(a) [Section 10 Subsection (5) amended by No. 38 of 2002, s. 8, Applied:27 Nov 2002] requiring the lessee to accept the proposal made by the Minister either in its entirety or subject to such variation as the Mining Tribunal may think just; or

(b) that the lessee is not required to accept the proposal–

and may determine what amount of compensation is to be paid to the lessee in respect of any loss or damage which the lessee may suffer beyond the value of the rights, if any, that he or she might acquire under the proposal.

11.   Application of Part 7 of Mineral Resources Development Act 1995

[Section 11 Substituted by No. 38 of 2002, s. 9, Applied:27 Nov 2002] Part 7 of the Mineral Resources Development Act 1995 applies to a claim for compensation under section 10 .

12.   Regulations

The Governor may make regulations for the purposes of this Act.

13.   Administration of Act

Until an order is made under section 4 of the Administrative Arrangements Act 1990 –

(a) this Act is administered by the Minister for State Development and Resources; and

(b) the Department responsible to the Minister in relation to the administration of this Act is the Department of State Development and Resources.

SCHEDULE 1 - Strategic Prospectivity Zones

Section 6 (1)

Form

SCHEDULE 2 - Map of Strategic Prospectivity Zones

Section 6 (2)

SCHEDULE 3 - Towns exempt from section 7

Section 7 (5) (c)