(1) The Minister may decide to designate an EL as an ELR in relation to all, or one or more parts, of the title area of the EL if satisfied:
(a) about the matters mentioned in section 33 (2)(a) and (b); and
(b) the applicant will have the technical and financial capacity to develop and mine the mineral deposits in the title area of the ELR.
(2) After making a decision under subsection (1), the Minister must issue the applicant with a mineral exploration licence in retention.
(3) A mineral exploration licence in retention is a mineral title that gives the title holder:
(a) the right to occupy the title area specified in the ELR; and
(b) the exclusive right to conduct the activities specified in section 37 ; and
(c) the exclusive right to apply for a mineral lease for all or part of the title area.
(4) The rights of the title holder may be exercised only:
(a) during the period the ELR is in force; and
(b) in accordance with this Act and the conditions of the ELR.
(5) The Minister may issue the ELR for a term not exceeding 5 years.
Note for section 34
Part 5, Division 2 includes procedures relevant to making a decision for this section.