Who owns mining in australia

There are no statutory timeframes imposed on an ILUA process unlike the "right to negotiate" process under the NTA which essentially prescribes a month process. Separately to native title, mining proponents also have a duty of care by State legislation to take all reasonable steps not to damage Aboriginal cultural heritage. This is usually addressed by entering into a cultural heritage management agreement CHMA with the relevant Aboriginal parties.

Retention titles are generally granted for five years with a provision for renewal. Generally, mining leases are granted for terms of up to 21 years, with provision for renewal beyond that time. Fees All State and Territory jurisdictions impose application fees for all types of exploration, retention and mining titles. Application fees vary. Mining lease holders must pay an annual rent, usually calculated on the number of hectares in the mining lease or licence however, this varies between States and Territories.

For example, in Queensland in , the annual payable rent was AUD Restrictions Mineral title holders must be over 18 years of age, or a valid corporation. For restrictions on foreign ownership, see Question 8.

How are such leases, licences or concessions awarded? Exploration licence. Relative to the particular State jurisdiction, exploration permits or licences may be granted through application or, for some restricted areas, only through tenders from the relevant Minister.

Victoria, Western Australia, New South Wales and Tasmania allow for public comment or objection, while Queensland has no such provisions.

Only the holder of an underlying exploration title can apply for a retention title. The rights are similar to an exploration licence, but can be granted without minimum expenditure requirements or area reductions. However, holders are required to demonstrate continuing efforts to prove the potential commercial viability of the resources in the area.

This kind of licence is the intermediate step between an exploration licence and a mining lease. An applicant for a mining lease must be the holder of an underlying exploration or retention title. The mining lease application must be accompanied by an environmental approval application see Question 6. Native title issues must be resolved before a mining lease is granted see Question 4, Native title and cultural heritage.

The holder of a mining lease must usually deposit with the relevant government department a security for compliance with the mining and environmental conditions. This usually relates to, but is not limited to, upholding extensive rehabilitation conditions of mining sites. Landmark Rocky Hill case. Preston CJ refused the application because of its "significant and unacceptable planning, visual and social impacts, which cannot be satisfactorily mitigated".

The case is significant as it is the first major decision since the entry into force of the Paris Agreement and the release of the Intergovernmental Panel on Climate Change's Special Report on Warming of 1. Preston CJ stated that downstream greenhouse gas emissions is a valid consideration and pointed to Australia's commitments under the Paris Agreement and the fact that NSW has endorsed the agreement. His Honour found that there was a clear causal link between the proposed project's cumulative greenhouse gas emissions and climate change and its consequences, despite that their overall contribution to global emissions may be low.

This is especially so when the exploitation and burning of new fossil fuel will increase greenhouse gas emissions and cannot assist in the rapid and deep reductions in greenhouse gas emissions that Australia needed. Gloucester Resources Limited had also failed to provide specific plans to offset the project's emissions, but had rather relied on unquantified claims that reductions would occur in other sections.

The decision is important as it has implications on the chances of future energy and resources projects in gaining approval in NSW. The key legal considerations are as follows:. Consent authorities in NSW must now consider the downstream emissions of proposed mines when assessing the impact that the mine is likely to have on climate change. Consent authorities can take into account how international and national commitments, along with new technologies, will lead to reduced demand for fossil fuels when assessing the claimed economic benefits of a projects.

In assessing "likely impacts" and "public interest" of a proposal, decision-makers will likely consider whether a proponent has put in place measures to directly offset the anticipated emissions from the project. The court did not take the position that "no fossil fuel development should ever be approved". Instead, it took a strong position in favour of limiting new emissions. If the project had been able to mitigate its emissions, the grounds for refusing the project in respect of greenhouse emissions may not have been as strong.

Therefore, to mitigate against the risk of refusal, proponents of new mines in NSW can consider arranging some way in which to mitigate the greenhouse gas emissions, including carbon capture and storage CCS and purchasing Australian Carbon Credit Units from projects registered under the Emissions Reduction Fund. However, considerations will need to be made as to the economic viability of CCS and how offsets could affect the profitability of the project.

This decision is technically limited to NSW. Legislation and regulations differ from state to state, and may be more or less permissive in regards to whether offsets are required. For instance, in Western Australia, more consent authorities are requiring offsets for extractive projects as a condition of approval under section 45 of the Environmental Protection Act WA. By contrast, Queensland has a mixed record when it comes to cases that have sought to challenge developmental approvals.

Environment 6. What are the main ongoing requirements for environmental protection? Each State and Territory has its own environmental legislation, which usually requires the granting of an environmental approval or authority EA for mining activities. The EA process involves identifying environmental impacts and determining how to manage those impacts. Initial proposal and environmental management plan.

Government assessment involving consultation with potentially affected parties. Government approvals that prescribe transparent oversight. Progressive rehabilitation requirements during the course of the mining operation. This process can take 18 months or more. Depending on the circumstances, an EIS may be required by legislation or it may be done voluntarily to ensure approval.

The EIS process involves public notification, on which anyone can make submissions. One-stop shop reforms were introduced in to streamline the environmental approval process for nationally-protected matters. This involves the Assessment Bilateral Agreement between the State and Federal governments, which allows eligible projects to be assessed under a single environmental assessment process, with conditions being imposed or approved by both State and Federal Governments.

This allows swifter decisions and a chance to improve Australia's investment climate without compromising on environmental standards. Health and safety 7. What are the main ongoing requirements for compliance with health and safety regulations? This legislation adopts a general duty of care, which requires the operator of a mine to ensure that the health and safety of people employees, general public and other affected persons is not put at risk as a result of mining activities.

Failure to meet the standards prescribed by the legislation may result in criminal penalties. Some States have mine-specific health and safety legislation that creates additional responsibilities for mine operators such as the Coal Mining Safety and Health Act Qld. The legislation is based on a risk management approach in site-specific safety management systems. The overall risk management approach aims to identify the outcomes that specific mine sites must achieve.

Reform in Queensland The Queensland State government recently reformed the health and safety governance of the mining sector with the Resources Safety and Health Queensland Act Qld , with the main effects commencing on 1 July Introducing a new industry regulator entitled Resources, Safety and Health Queensland.

Appointing a Commissioner for Resources, Safety and Health, with powers to advise the Minister and engage with industry. The Mineral and Energy Resources and Other Legislation Amendment Act Qld was proclaimed on 25 June and introduces a suite of reforms for the Queensland mining sector in three tranches. A tranche of reforms commenced with effect from 1 July , and includes the introduction of industrial manslaughter to a number of pieces of legislation, including the:.

It is a criminal offence that carries a maximum penalty of 25 years' imprisonment for individuals and AUD Under the legislation, an employer or duty holder commits the offence of workplace manslaughter if:. The person charged is a body corporate or a person who is not an employee or volunteer. The person owed the victim a specific duty under the act.

The person breached the duty by negligent conduct. The breach of duty caused the death of the victim. If the person charged is a natural person, they must have acted consciously and voluntarily when breaching the duty owed.

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