(1) If a condition of a corresponding mineral title is inconsistent with a provision of this Act, the condition of the corresponding mineral title prevails to the extent of the inconsistency.
(2) However, the Minister may decide under section 100 to vary the condition.
(3) In relation to a corresponding mineral title that does not comply fully with a requirement of this Act, the Minister may, as soon as practicable after the commencement day:
(a) give the title holder a notice recommending a way to achieve compliance; or
(b) require the title holder to take a specified action to achieve compliance; or
(c) if the non-compliance is such that it may be appropriate to convert the corresponding mineral title to another type of mineral title, give the holder of the non-compliant title a notice stating the following:
(i) the Minister has decided to convert the non-compliant title to another specified mineral title;
(ii) details of the non-compliance;
(iii) the information the title holder must give the Minister about the non-compliant title and the time within which it must be given;
(iv) the title holder may accept the Minister's decision, or make a submission to the Minister, within the time specified in the notice;
(v) the title holder is entitled to a review of the Minister's decision as prescribed by regulation;
(vi) any other information required by regulation.
Example for subsection (3)(c)
An ML that was a mineral lease under the repealed Act may have a title area that does not contain an ore body or anomalous zone as required by the operation of Part 3, Divisions 1, 2 and 3, in which case it may be appropriate to convert the ML to an EL.
(4) The times specified under subsection (3)(c)(iii) and (iv) must be sufficient to enable the holder of the non-compliant title to obtain the information and fully consider the Minister's decision, taking into account the nature of the information and non-compliance.