Commonwealth Consolidated Acts

OFFSHORE MINERALS ACT 1994 - SECT 39

    This Act provides for the grant of:

  (a)   exploration licences (see Part   2.2); and

  (b)   retention licences (see Part   2.3); and

  (c)   mining licences (see Part   2.4); and

  (d)   works licences (see Part   2.5); and

  (e)   special purpose consents (see Part   2.6).

Note 1:   An exploration licence is designed to cover the exploration phase of a project and authorises:

• exploration; and

• the recovery of mineral samples.

Note 2:   A retention licence is designed to ensure the retention of rights pending the transition of a project from the exploration phase to the commercial mining phase and authorises:

• exploration; and

• the recovery of minerals but not as part of a commercial mining operation.

Note 3:   A mining licence is designed to cover the commercial mining phase of a project and authorises:

• exploration; and

• full commercial recovery.

Note 4:   A project might make use of any of the following 3 licence arrangements:

• an exploration licence leading to a mining licence;

• an exploration licence leading to a retention licence and then a mining licence;

• a mining licence (without progressing through an exploration/retention licence stage).

Note 5:   A licence is granted over a particular area (constituted by blocks). The licence holder may need to carry out engineering or other activities outside the licence area. If so, the licence holder or someone else must obtain a works licence to carry out those activities.

Note 6:   If a person wants to carry out:

• a scientific investigation; or

• a reconnaissance survey; or

• the collection of only small amounts of minerals;

  in an offshore area, the person must obtain a special purpose consent under Part   2.6 to carry out the activity.

Note 7:   Even though a person has a licence or special purpose consent, the person must not interfere unnecessarily with navigation, native title, fishing, resource conservation or other activities in the area (see section   44).