New South Wales Consolidated Acts

MINING ACT 1992 - SECT 203

203 Grounds of cancellation

(1) The Secretary may cancel a mineral claim, as to the whole or any part of the land to which it relates--

(a) if the holder of the claim requests the Secretary to cancel the claim, or

(b) if, as a result of an objection made under section 179, it is determined in accordance with Schedule 2 that the land is agricultural land, or

(c) if the holder of the claim contravenes a provision of this Act or the regulations (whether or not the holder is prosecuted or convicted of any offence arising from the contravention), or

(c1) if a person contravenes a condition of the claim (whether or not the holder is prosecuted or convicted of any offence arising from the contravention), or

(c2) if the Secretary reasonably considers that the holder of the claim provided false or misleading information in or in connection with an application or any report provided under this Act for or with respect to the claim, or

(d) if the holder of the claim fails to comply with the requirements of any agreement or assessment under Part 13 in relation to the payment of compensation, or

(e) if the holder of the claim is convicted of any offence relating to mining or minerals, or

(f) if the land is required for a public purpose, or

(g) if the decision-maker is ordered by the Land and Environment Court to cancel the claim, or

(h) if the holder of the claim fails to use the land comprised in the claim in good faith for the purposes for which the claim has been granted, or uses the land for a purpose other than that for which the claim has been granted, or

(i) if the Secretary reasonably considers that there has been a contravention of a direction under section 240 or 240AA.

(2) A request referred to in subsection (1) (a)--

(a) must be lodged with the Secretary, and

(b) if the application is for the cancellation of the claim as to part only of the land to which it relates--must be accompanied by a description, prepared in the manner prescribed by the regulations, of the land in respect of which the claim is to be cancelled.

(3) The Secretary may defer cancellation of a mineral claim that is the subject of legal proceedings, or of an inquiry under this Act, pending the outcome of those proceedings or that inquiry.