What are my rights if a mining company wants to explore for resources on my property?

In Plain English

Your rights depend on where your property is located and what laws apply there. Generally, the mining company needs your consent or a warrant to enter your land. You are entitled to compensation for any damage or inconvenience caused by their activities. The specifics of compensation, the process for gaining access, and any limitations on mining activities will be determined by the relevant legislation.

Detailed Explanation

The rights of a property owner when a mining company seeks to explore for resources are governed by a complex interplay of legislation that varies depending on the location of the property.

Several Acts outline provisions related to mining and exploration activities, and the rights of landowners:

  1. Commonwealth Legislation:

    • Petroleum and Minerals Authority Act 1973](https://www.legislation.gov.au/C2004A00102/latest/text):
      • The Authority needs your consent or a warrant to enter your land (s13, s14).
      • You are entitled to compensation for any damage or inconvenience caused by the Authority's activities (s47).
      • The Authority must cause as little detriment and inconvenience and do as little damage as possible (s47(1)).
    • Lands Acquisition Act 1989](https://www.legislation.gov.au/C2004A03763/latest/text):
      • This Act provides powers for temporary entry on, and occupation of, land for the purpose of ascertaining whether land is suitable for a public purpose or of obtaining information in relation to land that, in the opinion of the authorised person, is, or may be, suitable for a public purpose (s10).
      • An authorised person exercising powers under this Part shall take all reasonable steps to ensure that the exercise of the powers causes as little detriment and inconvenience, and does as little damage, as is practicable to the land and to anything on, or growing or living on, the land (s13).
      • The regulations may make provision for or in relation to prohibiting or regulating the exploration for minerals on relevant land; the mining for, or recovery of, minerals on or from relevant land; the carrying on of operations, and the execution of works, for a purpose referred to in paragraph (a) or (b) (s124).
    • Atomic Energy Act 1953](https://www.legislation.gov.au/C1953A00031/latest/text):
      • This Act allows the Minister to authorize a person to carry on mining operations on behalf of the Commonwealth in the Ranger Project Area (s41).
      • It also includes provisions for reporting the discovery of prescribed substances (s36) and obtaining information related to prescribed substances (s37).

  2. Northern Territory Legislation (specifically regarding Aboriginal Land):

    • Aboriginal Land Rights (Northern Territory) Act 1976](https://www.legislation.gov.au/C2004A01620/latest/text):
      • Exploration licences on Aboriginal land require the consent of the Land Council (s41).
      • Terms and conditions of exploration must include compensation for damage or disturbance to the land and its traditional owners (s44A).
      • Mining interests require agreements with the Land Council (s46).
    • Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987](https://www.legislation.gov.au/C2004A03484/latest/text):
      • This Act amends the 1976 Act, reinforcing the need for agreements regarding terms and conditions for exploration and mining on Aboriginal land (s44A, s46).
      • It specifies that compensation should be paid for damage or disturbance caused by exploration activities, but not for the value of minerals removed (s44a).

  3. Victorian Legislation (specifically regarding Aboriginal Land):

    • Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987](https://www.legislation.gov.au/C2004A03443/latest/text):
      • Mining operations on relevant land require permission from the Corporation, with the Minister's approval (s31).
      • The Corporation can grant or refuse permission, or grant it with conditions (s31).
      • Compensation must be reasonable for disturbance to the land and traditional owners (s32).
      • The Minister must consult with the Corporation to ascertain whether the land to which the application relates includes the whole or part of any sacred or significant site registered under section 16 or 24 (s34).

  4. Taxation Legislation (Commonwealth):

    • Income Tax Assessment Act 1997](https://www.legislation.gov.au/C2004A05138/latest/text) and Treasury Laws Amendment (Junior Minerals Exploration Incentive) Act 2018](https://www.legislation.gov.au/C2018A00015/latest/text):
      • These Acts provide incentives for greenfields minerals exploration, including exploration credits (s418-70, s418-75, s418-80).
      • They define "greenfields minerals expenditure" and outline conditions for entities creating exploration credits (s418-80).
    • Tax and Superannuation Laws Amendment (2014 Measures No. 7) Act 2015](https://www.legislation.gov.au/C2015A00021/latest/text) and Tax and Superannuation Laws Amendment (2015 Measures No. 2) Act 2015](https://www.legislation.gov.au/C2015A00130/latest/text):
      • These Acts amend the Income Tax Assessment Act 1997, providing further details on exploration credits and farm-in farm-out arrangements (s40-1100).

To fully understand your rights, you should:

  • Identify the Location: Determine the specific state or territory where your property is located, as this will dictate the primary legislation governing mining and exploration activities.
  • Consult Legislation: Review the relevant mining acts and land rights legislation applicable to your area.
  • Seek Legal Advice: Consult with a legal professional specializing in mining law and/or Indigenous land rights to get specific advice tailored to your situation.
  • Contact Relevant Authorities: Contact the relevant government departments responsible for mining and resources in your state or territory.