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MINERAL RESOURCES ACT 1989 - SECT 279A
Minister may refuse to grant mining lease if compensation not determined
279A Minister may refuse to grant mining lease if compensation not determined
(1) This section applies if— (a) a person makes an application for the grant
of a mining lease; and
(b) compensation in relation to the mining lease has
not been determined by agreement between the applicant and each owner of land,
or by determination of the Land Court, as mentioned in section 279 (1) (a) ;
and
(c) an application under section 281 has not been made to the Land Court
for a determination of the amount of compensation in relation to the mining
lease; and
(d) 3 months have elapsed since— (i) if no objection was lodged
in relation to the application for the grant of the mining lease—the last
objection day for the application; or
(ii) if all objections lodged in
relation to the application for the grant of the mining lease are withdrawn
under section 261 (1) before being referred to the Land Court under
section 265 —the day the chief executive received written notice of the last
withdrawal of the objections; or
(iii) if, under section 265 (10) , the Land
Court remitted a matter relating to the mining lease to the chief
executive—the day the Land Court remitted the matter; or
(iv) if, under
section 269 , the Land Court made a recommendation about the grant of the
mining lease—the day the Land Court made the recommendation; or
(v) if the
Governor in Council consented to the grant of the mining lease for land
relating to a reserve—the day the Governor in Council consented to the
grant.
(2) The Minister may refuse to grant the mining lease.
(3) This
section does not limit any other power to refuse to grant a mining lease.
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