(1) Subject to this
Act, and in the case of a miscellaneous licence for water to the Rights in
Water and Irrigation Act 1914 , or any Act amending or replacing the relevant
provisions of that Act, the mining registrar or the warden, in accordance with
section 42 (as read with section 92), may, on the application of any person,
grant in respect of any land a licence, to be known as a miscellaneous
licence, for any one or more of the purposes prescribed.
(2) A person may be
granted more than one miscellaneous licence.
(3) A miscellaneous
licence shall —
(a) be
in the prescribed form; and
(b)
authorise the holder to do such matters and things as are specified in the
licence.
[(4), (5) deleted]
(6) A miscellaneous
licence shall not be granted unless the purpose for which it is granted is
directly connected with mining.
(7) Sections 18, 23
and 27 do not prevent a miscellaneous licence from being applied for or
granted in respect of land that is the subject of another mining tenement.
(8) If a miscellaneous
licence is granted in respect of land that is subject to another mining
tenement the miscellaneous licence and the other mining tenement apply
concurrently with respect to that land.
(9) Before an
application for a miscellaneous licence is determined a copy of the
application shall, within the prescribed time, be given to the local
government and to such other persons as may be prescribed.
(10) The local
government is entitled to be heard on the application and may submit to the
mining registrar or the warden, as the case requires, any terms and conditions
to which it considers the miscellaneous licence, if granted, should be
subject.
[Section 91 inserted: No. 58 of 1994 s. 33;
amended: No. 14 of 1996 s. 4; No. 35 of 1998 s. 4(1) and (2); No. 15 of 2002
s. 18; No. 51 of 2012 s. 26.]