New South Wales Consolidated Acts

MINING ACT 1992 - SECT 13C

13C Application for operational allocation licence by existing authority holders

(1) The holder of an exploration licence, assessment lease or mining lease for coal may apply under this section for an exploration licence for coal.

(2) An application under this section is subject to the following requirements--

(a) the application must be for a purpose that is prescribed by the regulations as an
"operational allocation purpose" ,

(b) the land to which the application relates must comply with the regulations in relation to shape, size and such other features as may be prescribed,

(c) such other requirements as may be prescribed by the regulations.

(3) Without limiting any other provision of this Act, an application under this section may be refused on any one or more of the following grounds--

(a) the decision-maker is not satisfied that the application is for an operational allocation purpose,

(b) the decision-maker is satisfied that there is sufficient interest from other potential applicants to justify a competitive selection process for the grant of an exploration licence over the area concerned,

(c) the decision-maker is satisfied that the application does not comply with any requirement of this section or the regulations.

(3A) The decision-maker may, for the purpose of determining whether there is sufficient interest from other potential applicants to justify a competitive selection process for the grant of an exploration licence over the area concerned under subsection (3)(b), conduct a market interest test by seeking expressions of interest from--

(a) the applicant under this section, and

(b) other potential applicants.

(3B) The market interest test may be conducted over an area that differs in size and shape from the area concerned under subsection (3)(b).

(4) Without limiting any other provision of this Act, in deciding whether to grant or refuse an application under this section the decision-maker may take into account any guidelines issued (and made publicly available) by the Minister for the purposes of this section.