General conditions for mining lease (ancillary mining activities)

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 area.

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 security:

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 group security:

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.