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MINERAL RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2005 No. 8 - SECT 9

9 Insertion of new ss 93A-93D

after section 93--

insert--

'(1) Subsection (2) applies if--

(a) a properly made application for renewal of a mining claim is not withdrawn, refused or granted before the claim's expiry day ends; and
(b) after the expiry day, the holder--
(i) continues to pay rental on the claim and other amounts required to be paid under this Act; and
(ii) otherwise complies with this Act and the claim conditions.

'(2) The claim continues in force subject to the rights, entitlements and obligations in effect immediately before the end of the expiry day until the application is withdrawn, refused or granted.

'(3) In this section--

properly made application, for renewal of a mining claim, means an application that complies with section 93(2).

'(1) If a mining claim is renewed before its expiry day ends, the term of the renewed claim starts on the day after the expiry day.

'(2) If the claim is renewed after the expiry day, the term of the renewed claim is taken to have started on the day after the expiry day.

'(1) If a renewed mining claim is subject to conditions (the new conditions) different from, or not included in, the claim conditions applying immediately before its renewal, the new conditions apply from the later of the following--

(a) the start of the term of the renewed claim;
(b) the day the renewal is granted.

'(2) However, if the claim is continued in force under section 93A, the holder must pay rental on the claim from the day after its expiry day at the rate that would have been payable, from time to time, if the renewed mining claim had been renewed on the day after the expiry day.

'(3) Subsection (2) applies even though payment of rental may be a condition of the claim.

'(1) This section applies if an assignment of a mining claim is approved and recorded under section 96(6)--

(a) after the date on which an application for renewal of the claim is made; and
(b) before the application is decided by the Minister.

'(2) Any renewal granted on the application must be in the name of the assignee under the last assignment approved and recorded before the grant of the renewal.'.



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