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MINERAL RESOURCES ACT 1989 - SECT 93
Renewal of mining claim
93 Renewal of mining claim
(1) The holder of a mining claim, including a mining claim that is subject to
a condition referred to in section 92 , may, at least 6 months (or such
shorter period as the Minister in the particular case allows) prior to and not
more than 12 months before the expiration of the current term of the mining
claim, make application for renewal of the mining claim.
(2) An application
for renewal of a mining claim shall— (a) be made in the prescribed way to
the Minister;
(b) be accompanied by a work program for the activities to be
carried out under the renewed mining claim;
(c) be accompanied by the
prescribed application for renewal fee.
(3) Within 5 business days after an
application for renewal of a mining claim is made, the holder must— (a) give
copies of the application and of any documents or information prescribed by
regulation to the following persons (each
"an interested party" )— (i) each owner of land the subject of the mining
claim;
(ii) each owner of land outside the boundary of the area of the mining
claim the holder intends to use to access the area of the mining claim; and
(b) if, in relation to the grant or renewal of the mining claim, an agreement
for compensation has been made with an interested party under section 85 , or
the Land Court has determined the compensation for an interested party under
that section—give a copy of the most recent agreement or determination to
the interested party.
(4) Subsection (5) applies for an application for
renewal of a mining claim if— (a) if the application relates to a mining
claim subject to a condition that the holder is not entitled to have the
mining claim renewed— (i) the Minister is satisfied the mining claim should
be renewed; and
(ii) if the condition was imposed by the Governor in
Council—the Governor in Council consents to the renewal; and
(iii) if the
condition was imposed by the Land Court—the Land Court consents to the
renewal; and
(b) the Minister is satisfied— (i) the holder has complied
with the conditions of the mining claim; and
(ii) the holder has complied
with this Act and other mining legislation applicable to the holder relating
to the mining claim; and
(iii) the area of the mining claim still contains
workable quantities of mineral or mineral bearing ore.
(5) The Minister must
grant a renewal of the mining claim in the name of the holder for a further
term not greater than 10 years.
(6) The grant must be subject to— (a) the
conditions of the mining claim; and
(b) any other conditions determined by
the Minister.
(7) Despite subsection (5) , the further term of the mining
claim must not be for a period longer than the period for which compensation
has been agreed or determined under section 85 or 86 .
(8) Despite subsection
(5) , the Minister may refuse the renewal if the Minister considers the
renewal is not in the public interest. Note— If the application relates to
acquired land, see also section 10AAC .
(9) Despite subsection (5) , the
Minister may also refuse the renewal if— (a) compensation is to be
determined as mentioned in section 85 (1) (a) for the renewal of the mining
claim; and
(b) the compensation is not determined within 3 months after the
day the current term of the claim would, apart from section 93A , end; and
(c) an application has not been made to the Land Court as mentioned in
section 85 (4) .
(10) Without limiting subsection (6) , the Minister may
determine a condition of the renewed mining claim if the Minister considers
the condition is in the public interest.
(11) The Minister shall not reject
an application for renewal of a mining claim until the Minister has, by notice
in writing in the approved form served on the holder of the mining claim,
called upon the holder to show cause within the time specified therein why the
application should not be rejected and such cause has not been shown to the
satisfaction of the Minister.
(12) The holder of a renewed mining claim must
give written notice of the claim’s renewal to the owners of the land in the
area of the claim.
(13) The notice must be given within 20 business days
after the holder receives notice of the renewal.
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