(1) A person who makes
an application for a mining tenement which is marked out to comprise an area
in excess of the maximum area provided in the Act for such tenement is, before
the tenement is granted, liable to have the surplus land at either end, or
side, marked out at the option of another person who wishes to apply for a
mining tenement in respect of that surplus land.
(2)
Subregulation (1) does not apply in respect to any land containing the
workings of the person first marking out, or on which any permanent building
has been erected.
[Regulation 62 amended: Gazette
11 Jun 1999 p. 2544.]