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MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012 No. 20 - SECT 243

243 Insertion of new pt 19, div 17

Part 19—

insert—

'In this division—

amending Act means the Mines Legislation (Streamlining) Amendment Act 2012.

commencement means the commencement of the section in which the term is used.

former, for a provision of this Act, means the provision as in force immediately before the commencement of the section in which the term is used.

new, for a provision of this Act, means the provision as in force immediately after the commencement of the section in which the term is used.

'(1) This section applies if—

(a) an application for an exploration permit was made before the commencement; and
(b) apart from this section, new section 131(1)(c) would prevent the grant of the exploration permit applied for.

'(2) New section 131 does not apply for the application.

'(3) The application must be decided under former section 131.

'(1) This section applies to an exploration permit in existence immediately before the commencement.

'(2) For the current remaining term of the exploration permit—

(a) new section 139 does not apply to the exploration permit; and
(b) the area of the exploration permit must be reduced under former section 139.

'(3) In this section—

current remaining term means the period from the commencement until the expiry of the exploration permit.

'(1) This section applies if, before the commencement—

(a) an application for a mining claim was made, but not decided, under part 4; and
(b) the application was not referred to the Land Court under section 72; and
(c) 1 or more of the following apply—
(i) there are no properly made objections to the application;
(ii) all properly made objections to the application are withdrawn;
(iii) the applicant abandons the application.

'(2) The application may—

(a) be dealt with under section 74; or
(b) if the application for a mining claim has been abandoned—be dealt with under section 108.

'(3) In this section—

properly made objection has the meaning given by former section 72.

'(1) This section applies if an application for a mining claim or renewal of a mining claim was made, but not decided, under part 4 before the commencement.

'(2) Sections 91 and 93, as amended under the amending Act, apply to the grant of any mining claim or renewal for the application.

'(3) However, the sections apply as if a reference to a term of 5 years in the sections were a reference to a term of 10 years.

'(1) This section applies if, before the commencement—

(a) an application for a mining lease was made, but not decided, under part 7; and
(b) the application was not referred to the Land Court under section 265; and
(c) 1 or more of the following apply—
(i) there are no properly made objections to the application;
(ii) all properly made objections to the application are withdrawn;
(iii) the applicant abandons the application.

'(2) The application may—

(a) be dealt with under section 271; or
(b) if the application for a mining lease has been abandoned—be dealt with under section 307.

'(3) In this section—

properly made objection has the meaning given by former section 265.

'(1) This section applies if, before the commencement—

(a) an application for a mining lease was made, but not decided, under part 7; and
(b) the application was referred to the Land Court under section 265: and
(c) the Land Court has fixed a date for the hearing but the hearing has not started; and
(d) either or both of the following apply—
(i) all properly made objections to the application are withdrawn;
(ii) the applicant abandons the application.

'(2) Section 265, as amended under the amending Act, applies to the application.

'(3) In this section—

properly made objection has the meaning given by former section 265.

'(1) This section applies if—

(a) before the commencement, an application was made for—
(i) a mining lease under section 245; or
(ii) the renewal of a mining lease under section 286; or
(iii) the variation of conditions of a mining lease under section 294; or
(iv) the variation of a mining lease under section 295; or
(v) the consolidation of mining leases under section 299; or
(vi) a mining lease for the transportation of a thing through, over or under land under section 316; and
(b) the Governor in Council has not decided the application.

'(2) The Minister must decide the application under—

(a) if the application is for a mining lease—new section 271A; or
(b) if the application is for the renewal of a mining lease—section 286A, as amended under the amending Act; or
(c) if the application is for the variation of conditions of a mining lease†”section 294, as amended under the amending Act; or
(d) if the application is for the variation of a mining lease†”section 295, as amended under the amending Act; or
(e) if the application is for the consolidation of mining leases†”section 299, as amended under the amending Act; or
(f) if the application is for a mining lease for the transportation of a thing†”section 316, as amended under the amending Act.

'(1) This section applies if a person had an obligation under former section 96, 151, 198 or 300 and the person had not discharged the obligation before the commencement.

'(2) Despite the repeal of the section under the amending Act, the section continues to have effect in relation to the person until the obligation is discharged.

'(1) This section applies until the commencement of the Environmental Protection Act 1994, chapter 5A, part 4 as inserted by the Environmental Protection (Greentape Reduction) and Other Legislation Amendment Act 2012.

'(2) Former section 391A continues in force instead of section 318AAX(4)(a)(ii), as inserted by the amending Act, for deciding whether to give an approval of an assessable transfer, as if an approval of an assessable transfer were a decision to assign a mining tenement.

'(1) Despite the repeal of sections 98 and 302 under the amending Act—

(a) former sections 98 and 302 continue to apply to the mining registrar in relation to a relevant caveat received by the mining registrar before the commencement; and
(b) former sections 153 and 200 continue to apply to the chief executive in relation to a relevant caveat received by the chief executive before the commencement.

'(2) In this section—

relevant caveat—

(a) for the mining registrar—means a caveat to which former section 98 or 302 applied; or
(b) for the chief executive—means a caveat to which former section 153 or 200 applied.

'Despite the repeal of sections 101, 156, 203 and 305 under the amending Act—

(a) former sections 101 and 305 continue to apply to the mining registrar in relation to the following—
(i) an order of the Land Court, under former section 101(3) or 305(3), that a caveat be removed;
(ii) a notice, under former section 101(5) or 305(5), about the withdrawal of a caveat if given to the registrar before the commencement; and
(b) former sections 156 and 203 continue to apply to the chief executive in relation to the following—
(i) an order of the Land Court, under former section 156(3) or 203(3) that a caveat be removed;
(ii) a notice, under former section 156(5) or 203(5), about the withdrawal of a caveat if given to the chief executive before the commencement.

'(1) This section applies if a request for information was made, but not complied with, under the following provisions before the commencement—

(a) former section 133A;
(b) former section 147AA;
(c) former section 183A;
(d) former section 197AA;
(e) former section 245A;
(f) former section 286AA.

'(2) On the commencement, the request is taken to have been made under section 386J(1).'.



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