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MINERAL RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2005 No. 8 - SECT 26

26 Replacement of ss 248 and 249

Sections 248 and 249--

omit, insert--

'(1) This section applies if a person applies for a mining lease over land--

(a) covered by an existing exploration permit, mineral development licence or mining lease (the existing authority) held by someone else; or
(b) covered by, or in the area of, an existing geothermal exploration permit (also the existing authority) held by someone else.

'(2) The applicant must obtain the existing authority holder's written consent to the application if the lease applied for is over land covered by the existing authority and is for--

(a) the same minerals as the existing authority; or
(b) a purpose mentioned in section 234(1)(b).

'(3) The applicant must obtain the existing authority holder's written views on the application if--

(a) the existing authority is an existing authority mentioned in subsection (1)(a) and the lease applied for is for different minerals to those covered by the existing authority; or
(b) the existing authority is a geothermal exploration permit and the lease applied for is over land covered by, or in the area of, the existing authority.

'(4) If the existing authority holder's consent required under subsection (2) is not lodged with the mining registrar before the last objection day for the application ends, the application can not be granted.

'(5) If the existing authority holder's views required under subsection (3) are not lodged with the mining registrar before the last objection day for the application ends, the applicant must lodge with the mining registrar before the last objection day ends a statutory declaration stating why the applicant can not obtain the views.

'(1) This section applies if--

(a) a person (the earlier applicant) makes an application to the chief executive for an exploration permit, geothermal exploration permit, mineral development licence or mining lease over land; and
(b) someone else (the later applicant) makes a later application to the mining registrar for a mining lease over, or in the area of, land covered by the earlier application.

'(2) The later applicant must obtain the earlier applicant's written consent to the later application if the lease applied for in the later application is over land covered by the earlier application and for--

(a) the same minerals as the earlier application; or
(b) a purpose mentioned in section 234(1)(b).

'(3) The later applicant must obtain the earlier applicant's written views on the later application if--

(a) the earlier application is for a mining tenement mentioned in subsection (1)(a) and the lease applied for in the later application is over land covered by the earlier application and for different minerals to those covered by the earlier application; or
(b) the earlier application is for a geothermal exploration permit and the lease applied for in the later application is over, or in the area of, land covered by the earlier application.

'(4) The consent or views may be lodged with the mining registrar before the earlier application is decided.

'(5) However, if the earlier application is decided by the grant of the permit, licence or lease applied for, the consent or views must be lodged with the mining registrar within 20 business days after the permit, licence or lease is granted.

'(6) The mining registrar must not deal with the later application until the earlier application is finally decided unless--

(a) if the later application is for a lease mentioned in subsection (2)--the earlier applicant's consent is lodged with the mining registrar; or
(b) if the later application is for a lease over, or in the area of, land covered by an earlier application for a geothermal exploration permit--
(i) the earlier applicant's views are lodged with the mining registrar; and
(ii) the earlier applicant does not oppose the later application.

'(7) In this section--

application, for a geothermal exploration permit, means a tender for the permit.'.



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