New South Wales Consolidated Acts

MINING ACT 1992 - SECT 33

33 Application for assessment lease

(1) Any person may apply for an assessment lease.

(2) To avoid doubt, the owner of privately owned minerals may apply for an assessment (mineral owner) lease or any other assessment lease with respect to those minerals.

Note : The owner of privately owned minerals may choose to apply for an ordinary assessment lease with respect to those minerals, rather than an assessment (mineral owner) lease. In relation to assessment (mineral owner) leases see section 42 (4).

(3) An application that relates to land in a mineral allocation area may not be made in relation to an allocated mineral except-

(a) by the holder of an exploration licence or mining lease over that land in respect of that mineral or group of minerals, or

(b) with the Minister’s consent.

(3A) An application that relates to land in a controlled release area may not be made in relation to a controlled release mineral except-

(a) by the holder of an exploration licence or mining lease over that land in respect of that mineral or group of minerals, or

(b) pursuant to an invitation under Schedule 1A (Competitive selection process for controlled release prospecting titles).

(4) An application for an assessment lease must-

(a) be lodged with the Secretary, and

(b) be accompanied by the application fee prescribed by the regulations, and

(c) be accompanied by the information, if any, specified by the regulations, and

(d) if the application is for an assessment (mineral owner) lease with respect to privately owned minerals that have more than one owner, be made by all the owners.

Note : Section 129A requires an application for an assessment lease to be accompanied by a proposed work program.