Issue
Is the use of a fork-lift to transport drummed minerals within a mine site after the beneficiation process has been completed 'mining operations' as defined in section 11 of the Energy Grants (Credits) Scheme Act 2003 (EGCSA)?
Decision
No. The use of a fork-lift to transport drummed minerals within a mine site after the beneficiation process has been completed is not 'mining operations' as defined in section 11 of the EGCSA.
Facts
The entity operates in the mining industry and undertakes open cut mining.
Fork-lifts are used to transport the beneficiated minerals.
Reasons for Decision
The term 'mining operations' is defined in section 11 of the EGCSA. The definition includes operations for the recovery of minerals, being mining for minerals or beneficiation of those minerals, or of ores bearing those minerals.
Subsection 11(2) of the EGCSA excludes from the meaning of 'mining operations' various activities including: (b) use of a vehicle (other than a fork-lift, front end loader, tractor or other similar vehicle that is specified in the regulations) not exceeding 3.5 tonnes gross vehicle mass, other than such a vehicle that is extensively modified for use underground while it is so used;
This means that the use of fork-lifts during the recovery of minerals or the beneficiation of those minerals would constitute 'mining operations'. However, subsection 11(3) of the EGCSA provides that operations for the recovery of a mineral cease when the process of beneficiation ceases; or in the absence of a beneficiation process, when the mineral or ores bearing the mineral are either first stockpiled or are removed from the ore body or deposit.
As the beneficiation process is complete, the use of a fork-lift to transport the drummed minerals within a mine site is not 'mining operations' as defined in section 11 of the EGCSA.