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MINERAL RESOURCES ACT 1989 - SECT 318BC
Reference to Land Court before making preference decision
318BC Reference to Land Court before making preference decision
(1) Before making the preference decision— (a) the chief executive must
refer the application to the Land Court for it to make recommendations to the
Minister about what the preference decision should be; and
(b) the Minister
must consider the recommendations.
(2) The referral must be made by filing a
notice in the approved form with the registrar of the Land Court.
(3) The
referral starts a proceeding before the Land Court for it to make the
recommendations.
(4) The parties to the proceeding are the applicant and the
authority to prospect holder.
(5) In making the recommendations— (a) the
CSG assessment criteria must be considered; and
(b) section 318BD applies as
if a reference in the section— (i) to the Minister were a reference to the
Land Court; and
(ii) to petroleum development preference were a reference to
recommending petroleum development preference.
(6) The recommendations may
also include recommendations about the conditions and term of the mining
lease.
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