New South Wales Consolidated Acts

MINING ACT 1992 - SECT 396

396 Miscellaneous

(1) The grant, renewal or transfer of a mining lease may be rejected under this Division even if-

(a) the mining lease is necessary for the carrying out of State significant development authorised by a development consent, despite the Planning Act, section 4.42, or

(b) the mining lease is necessary for the carrying out of approved State significant infrastructure under the Planning Act, Division 5.2 despite the Planning Act, section 5.24, or

(c) the mining lease is necessary for the carrying out of a transitional Part 3A project under the Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 , Schedule 2, despite the Planning Act, section 75V as continued and modified by that Schedule, or

(d) the Planning Act, section 4.47 or 4.50 would otherwise prevent that rejection.

(2) The regulations may extend the application of a provision of this Act to a decision under this Division, with or without modification.

(3) Without limiting subsection (2)-

(a) sections 126 and 127(1) extend to a specified decision under this Division to cancel an authorisation, and

(b) sections 136 and 137 extend to a specified decision under this Division to cancel, or reject an application for the grant, renewal or transfer of, an authority, and

(c) section 190(5) extends to a specified decision under this Division to reject an application for the grant of a mineral claim, and

(d) section 204 extends to a specified decision under this Division to cancel a mineral claim, and

(e) section 205(1) extends to a specified decision under this Division to cancel a mineral claim, and

(f) section 210B extends to a specified decision under this Division to cancel, or reject an application for the grant, renewal or transfer of, a mineral claim, and

(g) section 228(3) extends to a specified decision under this Division to reject an application for the grant of an opal prospecting licence, and

(h) section 234 extends to a specified decision under this Division to cancel an opal prospecting licence, and

(i) section 234A extends to a specified decision under this Division to cancel, or reject an application for the grant of an opal prospecting licence.

(4) The regulations may make provision for the application of this Division to authorisations jointly held by, and applications jointly made by, more than 1 person, including dealing with the following-

(a) a decision regarding an authorisation if 1 or more holders, but not all the holders, are declared persons,

(b) the transfer of a declared person’s holding to another person.

(5) In this section-

"Planning Act" means the Environmental Planning and Assessment Act 1979 .