Understanding Overlaps -- Mining Tenure Versus the Rest of the World

摘要

It is a common misconception that the grant of mining tenure, whether it be an Exploration Permit, Mineral Development Licence or Mining Lease, will entitle the holder to access all land within it in order to explore or mine. The ability for miners to access their tenure in order to undertake activities is critical to the industry. While significant time and energy is quite rightly dedicated to resolving native title and cultural heritage issues before the commencement of mining operations, the same cannot always be said for addressing potential impediments that arise as a result of the overlap between mining and other tenures. Miners should be aware of the overlaps that occur with other tenure and the impact of these overlaps on the miner's ability to explore or produce from the area. The existence of an overlap with petroleum tenure, nature refuges, national parks, wild river areas or reserves such as aboriginal land leases are all likely to have an impact on the miner's ability to access the area and conduct activities. In some instances, such as an overlap with petroleum tenure, Queensland legislation encourages the miner to reach agreement with the holders of the overlapping tenure. However, in other instances, such as an overlap with a national park, mining tenure is unlikely to be granted at all. This paper summarises the impacts and impediments that arise as a result of overlaps of tenure that are likely to affect mining operations. It also provides examples of how these impediments can, if possible, be overcome under Queensland legislation.