Responsibilities of mining claim holders

When you become a mining claim holder, you must ensure you understand the obligations associated with your claim and the responsibilities you take on.

Notify landholders

When the mining claim notice is issued, you must notify landholders of the land, and landholders of the access land, about the application and provide them with a copy of the:

You must also notify:

Your mining claim notice letter will contain more information about these requirements.

The information in these documents will also be relevant when you start negotiating compensation.

Landholder compensation

Mining claims generally require a compensation agreement with the landholder. Mining claim holders must comply with any compensation agreement in place, including any compensation payments, as well as any conduct obligations. Compensation agreements are binding on mining claim transfers.

Follow the work program

You must lodge and follow a work program, which outlines the activities you must undertake each year. A copy of the current work program will be provided once the transfer is approved.

A later work program must then be lodged with the department 5 years and 1 month after the start of the most recent mining claim renewal. If you transfer the mining claim before this date, the new holder is responsible or lodging the later work program.

A mining claim does not allow you to use the land for residential purposes. There are limited circumstances that allow you to live on a mining claim.

Infrastructure

The mining claim holder is responsible for all infrastructure and machinery on the mining claim. This means if the claim expires or if you surrender the claim, you must remediate (fix) the claim and remove all infrastructure and machinery from the land. If a mining claim is transferred, the new holder becomes responsible for infrastructure.

Security

You must pay security to the department (PDF, 319KB) as surety for meeting the conditions of the mining claim and other obligations, including:

  • rectifying non-compliance
  • removing structures, equipment or other property
  • repairing damage to infrastructure such as gates, fences and tracks.

We may use the security payment if the mining claim requires remediation (fixing).

Estimated rehabilitation costs (ERC) and Financial provisioning (FP)

Estimated rehabilitation costs and financial provisioning must be paid to Queensland Treasury. If applying to transfer a mining claim, the transfer will not be approved until the financial provisioning has been paid to Queensland Treasury. New mining claim holders must also show they can fund the estimated rehabilitation costs.

Small scale mining code or environmental authority

Your mining claim will operate under either the Small scale mining code or Environmental authority. There will be certain conditions you must abide by to minimise environmental damage. If an Environmental authority applies to your claim, you will need to become a registered suitable operator (RSO). You also have a general environmental duty under the Environmental Protection Act 1994.

If you are buying the mining claim, you will be advised which applies to your claim.

If you are unsure if your claim operates under the code or authority, contact the Small scale mining assessment hub.

Council rates

You will need to pay council rates, which are calculated by the local government based on the size of the mining claim.

Native title agreements

You are responsible for any native title agreements that apply to your mining claim.

Health and safety

You must manage health and safety risks associated with activities carried out on the mining claim. Before you start work, you need to understand your obligations, including:

  • identifying hazards
  • managing risks
  • maintaining safe access and equipment
  • reporting relevant incidents where required.

The Opal and Gem Miners' Safety and Health handbook (PDF, 3MB) provides practical guidance on safety and risk management, including emergency preparedness, incident reporting, operational competency and safe surface and underground mining practices.

Further information