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MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 36

Amalgamation of licences

S. 36(1) amended by No. 82/2000 s. 31(1).

    (1)     The Minister may, by instrument served on the licensee, determine that one of two or more licences of the same type held by the same person over adjoining areas applies to the combined areas.

    (2)     The Minister may nominate which licence covers the combined areas and must cancel the other licence or licences.

S. 36(2A) inserted by No. 82/2000 s. 31(2).

    (2A)     The Minister may act under this section—

        (a)     at the request of the licensee; or

        (b)     on the Minister's own initiative, after consultation with the licensee.

    (3)     An amalgamation has no effect until the instrument of amalgamation is registered.

    (4)     A cancellation has no effect until the instrument of cancellation is registered.

S. 36(4A) inserted by No. 63/2006 s. 21.

    (4A)     On an amalgamation of licences coming into effect the term of the licence nominated under subsection (2) is to be the term of whichever of the amalgamated licences is to expire first.

S. 36(5) inserted by No. 82/2000 s. 31(3).

    (5)     If one of the licences amalgamated under this section was a mining lease under the Mines Act 1958 that became a mining licence as a result of section 129, for the remainder of the term for which the licence remains current the rental payable for the amalgamated licence is the sum of the amounts that would have been payable for each of the amalgamated licences had they not been amalgamated.

S. 36A
inserted by No. 82/2000 s. 32.



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