(1) Subject to this
Act, a mining tenement may be applied for in respect of the following land
(not being land that is already the subject of a mining tenement) —
(a)
land, or land of a class, to which section 24, 24A or 25 applies;
(b)
Commonwealth land.
(2) The holder of a
mining tenement in respect of such land must not carry out mining on or under
that land otherwise than in accordance with a relevant consent obtained in
relation to that land under section 24, 24A, 25 or 25A.
(3) A mining tenement
held in relation to such land is liable to be forfeited if the holder of the
tenement —
(a)
contravenes this section; or
(b) is
in breach of any term or condition to which a consent given under section 24,
24A, 25 or 25A is made subject.
[Section 23 inserted: No. 51 of 2012 s. 12.]