(1) Notwithstanding
anything in section 8, a mining tenement (other than a coal mining lease)
granted and in force under, or continued in force by, this Act in respect of
land which is the subject of an exploration permit specified in the Schedule
to the Petroleum and Geothermal Energy Resources Act 1967 does not confer on
the holder of that mining tenement any rights in respect of oil shale or coal.
(2) If land referred
to in subsection (1) ceases to be the subject of an exploration permit
referred to in that subsection, the holder of the mining tenement referred to
in that subsection may apply to the Minister for rights in respect of oil
shale or coal or both in respect of that land.
(3) On receiving an
application made under subsection (2), the Minister may in writing confer on
the applicant such rights in respect of oil shale or coal or both in respect
of the land concerned as he thinks fit, in which case the mining tenement
concerned shall be amended accordingly.
[Section 8A inserted: No. 69 of 1981 s. 7;
amended: No. 35 of 2007 s. 100(4).]