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MINERAL RESOURCES ACT 1989 - SECT 4
Effect of change of baseline
4 Effect of change of baseline
(1) If— (a) an offshore area is in the area of an exploration permit,
mineral development licence or mining lease (the
"mining tenement" ); and
(b) there is a change to the inner limit of the
coastal waters of the State as defined in the Offshore Minerals Act 1998 ,
section 16 (1) and (2) ; and
(c) as a result of the change, the offshore area
comes within those coastal waters;
this Act applies, while the mining tenement
or any successor mining tenement remains in force, as if the area were still
within the offshore area.
(2) If— (a) a mining lease takes effect
immediately after an exploration permit expires; and
(b) the holder of the
mining lease immediately after it takes effect was the holder of the
exploration permit immediately before it expired;
the mining lease is a
successor mining tenement to the exploration permit for subsection (1) .
(3)
If— (a) a mineral development licence takes effect immediately after an
exploration permit expires; and
(b) the holder of the mineral development
licence immediately after it takes effect was the holder of the exploration
permit immediately before it expired;
the mineral development licence is a
successor mining tenement to the exploration permit for subsection (1) .
(4)
If— (a) a mining lease takes effect immediately after a mineral development
licence expires; and
(b) the mineral development licence took effect
immediately after an exploration permit expired; and
(c) the holder of the
mining lease immediately after it takes effect was the holder of the mineral
development licence immediately before it expired; and
(d) the holder of the
mineral development licence immediately after it took effect was the holder of
the exploration permit immediately before it expired;
the mining lease is a
successor mining tenement to the exploration permit and the mineral
development licence for subsection (1) .
(5) In this section—
"offshore area" means an area of the sea bed and subsoil to which the Act
applies.
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