New South Wales Consolidated Acts

MINING ACT 1992 - SECT 41

41 Power of Minister in relation to applications

(1) After considering an application for an assessment lease, the Minister:

(a) may grant to the applicant an assessment lease over all or part of the land over which a lease was sought, or

(b) may refuse the application.

(2) Without limiting the generality of subsection (1), an application may be refused on the ground that the applicant has been convicted of an offence against this Act or the regulations or any other offence relating to mining or minerals.

(3) The Minister may not grant an assessment lease under this section otherwise than in accordance with Part 1 of Schedule 1.

(4) Part 1 of Schedule 1 does not, however, apply to an application for an assessment lease made by the holder of a mining lease over the same land as that over which the assessment lease is sought.