New South Wales Consolidated Acts

MINING ACT 1992 - SECT 183

183 Land subject to authority

(1) A mineral claim may not be granted over any land--

(a) the subject of an exploration licence that includes any mineral or minerals in respect of which the claim is sought, or

(b) the subject of an assessment lease, a mining lease or a mineral claim, or

(c) the subject of an application for any of the following that was lodged before the application for the firstmentioned mineral claim--

(i) an exploration licence that includes a group of minerals in respect of which the mineral claim is sought,

(ii) an assessment lease,

(iii) a mining lease,

(iv) a mineral claim.

otherwise than to or with the written consent of the holder of, or the applicant for, that licence, lease or claim.

(2) A written consent given under this section is irrevocable.

(3) If, as a result of such a consent, a mineral claim is granted in respect of land referred to in subsection (1), that land--

(a) ceases to be subject to the exploration licence, assessment lease, mining lease or mineral claim referred to in that subsection, or

(b) is excluded from the application for the exploration licence, assessment lease, mining lease or mineral claim so referred to,

as the case requires, unless the Secretary makes a determination under subsection (4).

(4) The Secretary may determine that subsection (3) does not apply with respect to the land or to a part of the land if the Secretary is satisfied that having the land or that part subject to both the claim and the other authorisation concerned is not likely to make the exercise of rights under the claim or the other authorisation impracticable.