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MINERAL RESOURCES ACT 1989 - SECT 226
Minister may determine availability of certain land
226 Minister may determine availability of certain land
(1) Where in respect of any land— (a) an application for a mineral
development licence or for renewal thereof is rejected by the Minister; or
(b) a mineral development licence expires by effluxion of time and an
application to renew the licence is not duly made; or
(c) a mineral
development licence is cancelled pursuant to section 209 or 225 ; or
(d) a
mineral development licence is surrendered or an application for the grant of
a mineral development licence is abandoned in respect of land over which the
holder of or the applicant for the grant does not hold an exploration permit
that adjoins that land;
that land, shall not be available for any subsequent
application for the grant of a mining tenement unless and until approved by
the Minister.
(2) An approval of the Minister under subsection (1) may limit
the type of application or grant that may be made in respect of the land
specified in the approval and may stipulate the conditions under which
applications therefor may be made.
(3) An approval of the Minister under
subsection (1) may provide that a subsequent application by an eligible person
need not be by the holder of a prospecting permit, exploration permit or a
mineral development licence.
(4) Notwithstanding subsection (1) , where the
applicant for a mineral development licence that is rejected is at the time of
the rejection the holder of an exploration permit in respect of the same land,
that land shall, upon the rejection, be subject to the exploration permit.
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