2016-07-12 - Item 13 - Att 1 - Extractive Resources and Mineral Planning Study 2016

Appendix 2 - Definitions

Mineral Resources Act 1989

Meaning of mineral
(1) A mineral is a substance—
       (a) normally occurring naturally as part of the earth’s crust; or
       (b) dissolved or suspended in water on or within the earth’s crust; or
        (c) that may be extracted from a substance mentioned in paragraph (a) or (b).
(2) Subject to subsection (3), each of the following is a mineral—
       (a) any type of clay;
       (b) foundry sand;
       (c) coal seam gas;
       (d) limestone;
       (e) marble;
       (f) a product that may be extracted or produced by an underground gasification process for
       coal or oil shale (mineral (f)) and another product that may result from the carrying out of
       the process (also mineral (f));
                      Examples of underground gasification processes—
                      combustion, consumption, heating, leaching and reaction
                      Example of another product—
                      gas desorbed as a result of an underground gasification process
       (g) peat;
       (h) salt, including brine;
       (i) oil shale;
        (j) silica, including silica sand;
       (k) rock mined in block or slab form for building or monumental purposes.
(3) Despite subsections (1) and (2)—
       (a) clay (other than kaolin and bentonite) is only a mineral if it is mined for use for its
       ceramic properties; and
                      Examples of uses of clay for its ceramic properties—
                      • for brick or tile making
                      • for pottery making
       (b) limestone, silica and silica sand is only a mineral if it is mined for use for its chemical
       properties; and
       (c) mineral (f) is only a mineral if—
               (i) the coal or oil shale, from which it is extracted or produced, is held under a
               mineral development licence and it has been added to the licence under section
               208; or
               (ii) the coal or oil shale, from which it is extracted or produced, is held under a
               mining lease and it is specified in the lease; and
       (d) each of the following is not a mineral—
               (i) soil, sand, gravel or rock (other than rock mentioned in subsection (2)(k)) if it is to
               be used, or to be supplied for use, as sand, gravel or rock, whether intact or in
               broken form;
               (ii) living matter;
               (iii) steam or water.

Meaning of mine
(1) Mine means to carry on an operation with a view to, or for the purpose of—
        (a) winning mineral from a place where it occurs; or
        (b) extracting mineral from its natural state; or
        (c) disposing of mineral in connection with, or waste substances resulting from, the winning
        or extraction.
(2) For subsection (1), extracting includes the physical, chemical, electrical, magnetic or other way
of separation of a mineral.
(3) Extracting includes, for example, crushing, grinding, concentrating, screening, washing, jigging,
tabling, electrowinning, solvent extraction electrowinning (SX–EW), heap leaching, flotation,
fluidised bedding, carbon-in-leach (CIL) and carbon-in-pulp (CIP) processing.
                                                                                                       33