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MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012 No. 20 - SECT 262

262 Insertion of new pt 14, div 3

Part 14, as inserted by this Act—

insert—

'(1) This section applies if—

(a) before the commencement, an application was made for—
(i) the grant of a lease under section 40; or
(ii) the renewal of a lease under section 45; and
(b) the Governor in Council has not decided the application.

'(2) The Minister must decide the application—

(a) for the grant of a lease—under section 40, as amended by the amending Act; or
(b) for the renewal of a lease—under section 45, as amended by the amending Act.

'(1) This section applies if—

(a) a party to a proposed dealing made a request to the Minister under former section 80H; and
(b) the Minister had not given the party an indication before the commencement.

'(2) The Minister may continue to consider the request and give an indication under former section 80H as if the section had not been repealed by the amending Act.

'(1) This section applies if—

(a) a holder of a 1923 Act petroleum tenure or interest made an application for approval of a dealing under former section 80I; and
(b) the Minister had not granted or refused the approval before the commencement.

'(2) Despite the replacement of former part 6N by the amending Act—

(a) the Minister may continue to deal with the application; and
(b) former sections 80J and 80K apply to the Minister's decision about the application.

'(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 80J(2)(a) continues in force instead of section 80KC(4)(a), as inserted by the amending Act, for deciding whether to give an approval of an assessable transfer.

'(1) This section applies to a person if—

(a) before the commencement, the person could have appealed to the Land Court under section 104 in relation to a refusal to approve a dealing under former section 80J(1); but
(b) the person had not started the appeal before the commencement.

'(2) Despite the amendment of the schedule by the amending Act, the person continues to be a person who may start an appeal under section 104, subject to sections 105 and 106.

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

(a) a person started an appeal under section 106 in relation to a refusal to approve a dealing under former section 80J(1); and
(b) the Land Court had not yet decided the appeal.

'(2) The Land Court may continue, under part 7, to grant a stay of the decision being appealed, and hear and decide the appeal.'.



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