(1) Subject to this
Act, a mining tenement may be applied for in respect of any private land
(which for the purposes of this Division does not include private land that is
the subject of a mining tenement, other than in relation to mining for gold
pursuant to a special prospecting licence or mining lease under section 56A,
70 or 85B in which case the land which is the subject of the application for
that licence or lease is to be dealt with as private land) and such land is
open for mining in accordance with this Act.
(2) This Division does
not apply to the land specified in the Third Schedule.
[Section 27 amended: No. 100 of 1985 s. 19; No. 37
of 1993 s. 12(2).]