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MINING ACT 1992 - SECT 163
Colliery holdings
163 Colliery holdings
(1) The Secretary is to cause to be kept a register of colliery holdings
(referred to in this section as
"the register" ) in such form as may be prescribed by the regulations.
(2)
The Secretary is to cause to be recorded in the register-- (a) such
particulars as are necessary to give effect to a direction given under this
section, and
(aa) the name of the colliery holding, and
(ab) the name of the
colliery holder, and
(ac) a plan showing the location of the holding, and
(b) such other particulars as may be prescribed by the regulations.
(3) The
holder of a mining lease or registered mining sublease that authorises the
holder to mine for coal or to carry out ancillary mining activities in
connection with the mining of coal must apply to have the mining area or
sublease area registered as a colliery holding or recorded on the register as
part of an existing colliery holding before commencing mining operations under
the lease or sublease. : Maximum penalty--20 penalty units.
(4) A person who
is lawfully carrying out ancillary mining activities on land in connection
with the mining of coal (and doing so otherwise than as the holder of a mining
lease or registered mining sublease) may apply to have the land registered as
a colliery holding or recorded on the register as part of an existing colliery
holding.
(5) A person may not be recorded as the colliery holder of a
colliery holding registered under this section unless the person is the holder
of a mining lease or registered mining sublease that is part of the colliery
holding.
(6) A person who has an interest in a colliery holding registered
under this section may apply to have the registration of the holding
concerned-- (a) cancelled, or
(b) amended so as to exclude land from the
holding, or
(c) amended so as to transfer land from the holding to another
registered colliery holding, or
(d) amended with respect to the identity of
the colliery holder.
(6A) An application under this section must be-- (a)
signed by the persons or classes of persons prescribed by the regulations, and
(b) accompanied by any fee and any particulars and consents to the making of
the application prescribed by the regulations, and
(c) lodged with the
Secretary.
(6B) Within 14 days after an application is lodged (or within such
longer period as may be prescribed by the regulations), the Minister must--
(a) grant the application and cause the register to be updated, as soon as
practicable, in accordance with the application, or
(b) refuse the
application on any of the following grounds-- (i) the application does not
comply with the requirements of this section,
(ii) if the application is for
registration of a holding or with respect to the name of a holding--the name
proposed for the holding may cause confusion (because, for example, it is the
same as or similar to a name that is or was used for another holding, whether
registered or not).
(6C) The Minister may, by order in writing-- (a) direct a
person who is required to or may apply for land to be registered as a colliery
holding or recorded on the register as part of an existing colliery holding to
apply for that registration or recording in accordance with this section
within the time specified by the order, or
(b) direct that a colliery holding
is to be registered with a specified name or that the registered name of a
colliery holding is to be amended, or
(c) direct that a person be registered
as the colliery holder of a colliery holding, if no person has been registered
or nominated for registration of the colliery holding.
(6D) A person who is
given a direction under subsection (6C) must not, without reasonable excuse,
fail to comply with the direction. : Maximum penalty--20 penalty units.
(7)
The Minister may, by order in writing, direct that the registration of a
colliery holding be cancelled or amended so as to exclude specified land from
the colliery holding.
(8) A direction may be given under subsection (6C) or
(7) whether or not an application has been made under subsection (4) or (6) in
respect of the same land.
(9) The Secretary is to cause copies of any order
under subsection (6C) or (7) to be served on such persons as, in the
Secretary's opinion, have a right to mine coal or to carry out ancillary
mining activities in connection with mining for coal in the land or colliery
holding to which the order relates.
(10) The register of colliery holdings
must be kept available for inspection, free of charge, by members of the
public at such offices of the Department as may be prescribed by the
regulations.
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