Queensland Numbered Acts

MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012 No. 20 - SECT 197

Section 271—

omit, insert—

'In considering an application for the grant of a mining lease, the Minister must consider—

(a) any Land Court recommendation for the application; and

(b) the matters mentioned in section 269(4); and

(c) any native title issues decision made by the tribunal under part 17, division 4 or any substituted decision made by the Minister under part 17, division 4 in overruling the tribunal's decision.

'(1) The Minister may, after considering the criteria under section 271 for a mining lease application, decide to—

(a) grant the applicant a mining lease for the whole or part of the land in the application; or

(b) reject the application; or

(c) refer the matter to the Land Court to conduct a hearing or further hearing on the application generally or on specific matters raised by the Minister.

'(2) However, a mining lease may only be granted for land that is the surface of a reserve if—

(a) the owner of the land has given written consent to the grant over the surface area and the applicant has lodged the consent with the mining registrar; or

(b) the Governor in Council has consented to the grant over the surface area.

Note—

If the application relates to acquired land, see also section 10AAC.

'(3) If a mining lease is granted for only part of the land, the application is taken to have been rejected for the rest of the land.

'(1) This section applies if a mining lease is rejected in whole or in part or the Minister refers the matter to the Land Court (the referral).

'(2) The Minister must, as soon as practicable, give the applicant a written notice stating the rejection or the referral and the reasons for it.'.