General conditions for mining lease

Act means the Mining Act 1992.

Landholder for the purposes of these conditions:

• does not include a secondary landholder

• includes, in the case of exempted areas, the controlling body for the exempted are

Minister means the Minister administering the Act.

a) The lease holder must cause written notice of the grant or renewal of this mining lease to be provided to each landholder of land over which the mining lease was granted or renewed in accordance with paragraph (2).

(b) If there are - 

(b)(i) less than 10 landholders of the land over which the lease was granted or renewed – the notice must be provided to each landholder,

(b)(ii) 10 or more landholders of the land over which the lease was granted or renewed – the notice may be provided to each landholder or published in a newspaper circulating in the area where the mining lease is situated.

c) The notice must be provided – 

(c)(i) for notice of the grant of the mining lease – not later than 90 days after the date on which the mining lease was granted,

(c)(ii) for notice of the renewal of the mining lease – not later than 90 days after the date on which the renewal of the mining lease takes effect.

d) The notice must include the following – 

(d)(i) a statement that the mining lease has been granted or renewed (as relevant),

(d)(ii) confirmation as to whether the mining lease includes the surface of the land,

(d)(iii) a plan which identifies – 

• the area of the land subject to the mining lease, and
• geographical and other features (such as roads, rivers, railways, towns, suburbs, or localities) that are sufficient to identify the area of the State within which the mining lease is situated.

The following condition is used for individual securities.

The lease holder is required to provide and maintain a security deposit to secure funding for the fulfilment of obligations under the mining lease, including obligations under the mining lease that may arise in the future.

The amount of the security deposit to be provided and maintained is $[amount].

The following condition is used for individual securities.

The lease holder is required to provide and maintain a security deposit to secure funding for the fulfilment of obligations under the mining leases covered by the group security deposit, including obligations under each mining lease that may arise in the future.

The amount to be provided and maintained as a group security deposit is $[amount].

The leases covered by the group security include:

• Mining lease XXXX (Act 1992) (Head lease) (delete examples)
• Mining lease XXXX (Act 1906) (delete examples)
• Mining lease XXXX (Act 1973) (delete examples)
• Mining lease XXXX (Act 1992) (This lease) (delete examples)

The lease holder must make every reasonable attempt and be able to demonstrate its attempts to the satisfaction of the Secretary, to enter into a cooperation agreement with the holder(s) of any overlapping authorisations issued under the Mining Act 1992 and petroleum titles issued under the Petroleum (Onshore) Act 1991. The cooperation agreement should address but not be limited to:

• access arrangements 
• operational interaction procedures
• dispute resolution
• information exchange
• well location
• timing of drilling
• potential resource extraction conflicts; and
• rehabilitation issues.

1. The lease holder must not carry out any assessable prospecting operation on land over which this lease has been granted unless:
   1.  it is carried out in accordance with any necessary development consent; or
   2.  if development consent is not required, the prior written approval of the Minister has been obtained. 
2.  The Minister may require the lease holder to provide such information as required to assist the Minister to consider an application for approval. 
3. An approval granted by the Minister under this condition may be granted subject to terms. 
4. The lease holder must comply with the approval granted to the holder under this condition.

For the purposes of this lease, petroleum is limited to coal bed methane that is captured or extracted as a by-product in the course of carrying out mining activities.

(a) The lease holder is prohibited from mining within that part of the Mining Area which is within the notification area of the [insert name of dam] as shown in [insert colour] on the attached plan without the prior written approval of the Minister, which may be given subject to conditions.

(b) Where the lease holder desires to mine within the notification area, the lease holder must:

(i) at least 12 months before mining is to commence or such lesser time as the Minister may permit, notify the Minister of the desire to do so. A plan of the mining system to be implemented must accompany the notice; and

(ii) provide such information as the Minister may direct.

NOTE: A previous version of the Dam Safety Condition may be applied to some existing mining leases and that version may continue to be imposed on that mining lease. 

The lease holder shall not knowingly destroy, deface or damage any aboriginal place or relic within the subject area except in accordance with an authority issued under the National Parks and Wildlife Act 1974 and shall take every precaution in drilling, excavating or disturbing the land against any such destruction, defacement or damage.