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MINERAL RESOURCES ACT 1989 - SECT 61
Application for grant of mining claim
61 Application for grant of mining claim
(1) An application for the grant of a mining claim must— (a) be in the
approved form; and
(b) specify the name of each applicant; and
(c) specify
the name and address for service of 1 person upon whom any notice may be
served on behalf of the applicant or the applicants; and
(d) describe all
parcels of land the whole or part of which are the subject of the application
and specify the names and addresses of the owner or owners of the land and of
land which is to be used as access thereto; and
(e) define the boundary of
the area of the proposed mining claim; and Note— Section 386R sets out the
requirements for defining the boundary of the area of a proposed mining
tenement.
(f) define the boundary of any area of land outside the area of
the proposed mining claim intended to be used to access the proposed claim
area; and
(g) be accompanied by a visual representation of the boundaries and
land mentioned in paragraphs (e) and (f) ; and
(h) identify the mineral or
minerals in respect of which the mining claim is sought; and
(i) be lodged;
and
(j) be accompanied by each of the following— (i) proof to the
satisfaction of the chief executive of the identity of the applicant;
(ii)
such additional copies of the application and other documents lodged therewith
as the chief executive requires;
(iii) the prescribed application fee;
(iv)
a work program for the activities to be carried out under the mining claim;
(v) if the application is for a mining claim for which the Minister is to
decide an area under section 53 —information about the matters mentioned in
section 53 (2A) for the mining claim.
(2) A person who lodges an application
for the grant of a mining claim must provide the chief executive with such
information and particulars relating to the requirements set out in subsection
(1) as the chief executive requires and on failure to provide that information
the chief executive may reject the application.
(3) The chief executive may
reject an application for a mining claim in respect of land the whole or part
of which appears, on the evidence available to the chief executive, to be the
subject of a mining claim, mineral development licence or mining lease or of
an application for the grant of a mining claim, mineral development licence or
mining lease.
(4) For the purposes of subsection (3) where a mining claim,
mineral development licence or mining lease is terminated or an application
for a mining claim, mineral development licence or mining lease is abandoned
or rejected, the relevant land shall be deemed to continue to be subject to
the mining claim, mineral development licence, mining lease or application
until the day next following that termination, abandonment or rejection.
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