MINING ACT 1992 - SECT 19 Land subject to authority

MINING ACT 1992 - SECT 19

19 Land subject to authority

(1) An exploration licence may not be granted over any land--

(a) the subject of some other exploration licence that includes a group of minerals in respect of which the firstmentioned exploration licence is sought, or

(b) the subject of a mining lease, assessment lease or mineral claim, or

(c) the subject of an application for any of the following that was lodged before the application for the firstmentioned exploration licence--

(i) an exploration licence that includes a group of minerals in respect of which the firstmentioned exploration licence is sought,

(ii) an assessment lease,

(iii) a mining lease,

(iv) a mineral claim.

otherwise than to or with the written consent of the holder of, or the applicant for, that licence, lease or claim.

(1A) Despite subsection (1) (c) (i), an exploration licence may be granted over land the subject of a preceding application for an exploration licence if--

(a) the application for the firstmentioned exploration licence was made pursuant to an invitation under Schedule 1A (Competitive selection process for controlled release prospecting titles), and

(b) that invitation was issued before the preceding application was lodged.

(2) A written consent given under this section is irrevocable.

(3) If, as a result of such a consent, an exploration licence is granted over any such land, that land--

(a) ceases to be subject to the exploration licence, assessment lease, mining lease or mineral claim concerned, or

(b) is excluded from the application for the exploration licence, assessment lease, mining lease or mineral claim concerned,

as the case requires, unless the decision-maker makes a determination under subsection (4).

(4) The decision-maker may determine that subsection (3) does not apply with respect to the land or to a part of the land if the decision-maker is satisfied that having the land or that part subject to both the licence and the other authorisation concerned is not likely to make the exercise of rights under the licence or the other authorisation impracticable.