Martin Klapper, Partner and Jonathan
The Queensland Government last week announced a ban on mining
exploration within urban areas in south east Queensland, as well as
regional centres such as Ipswich, Toowoomba, Beaudesert,
Rockhampton, Mackay, Mt Isa, Charters Towers and St George.
An 'urban area' is defined as any land that is within 2
km of cities and towns with a population of more than 1000 people,
although it appears that the exact size of the buffer zone remains
Here, Partner Martin Klapper and Associate Andre Dauwalder
outline how this policy will affect mining projects in
How this policy will affect your project
For mining exploration projects: the government intends to
declare exploration restricted areas for 'urban areas',
covering all existing and future mining exploration rights.
For petroleum exploration projects: no future authorities to
prospect for petroleum will be issued in the restricted areas. It
is not clear whether this policy will affect existing rights to
explore for petroleum.
For existing mines and operating petroleum production projects:
at this stage, there is no indication that the new policy will
affect existing mines and petroleum producing fields.
The policy applied to the grant of new permits as at 16 August
2011. The Mineral Resources Act 1989 will also be amended
later this year to prevent existing exploration tenure holders from
undertaking any exploration activities in and around urban
The Queensland Government's full media release can be
online. While the Government is seeking feedback from industry
bodies, local government and other key stakeholders on the draft
legislation, no further details have been released at this time.
However, we will continue to monitor this issue and will issue
further Alerts as information comes to hand.
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.
This briefing note sets out a likely structure for the proposed privatisation of the networks and identifies key issues.
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