New South Wales Consolidated Acts

MINING ACT 1992 - SECT 51

51 Application for mining lease

(1) Any person may apply for a mining lease.

(2) To avoid doubt, the owner of privately owned minerals may apply for a mining (mineral owner) lease or any other mining lease with respect to those minerals.

Note: The owner of privately owned minerals may choose to apply for an ordinary mining lease with respect to those minerals, rather than a mining (mineral owner) lease. In relation to mining (mineral owner) leases see section 68 (4).

(3) An application that relates to land in a mineral allocation area may not be made in relation to an allocated mineral except:

(a) by the holder of an exploration licence or assessment lease over that land in respect of that mineral, or

(b) with the Minister’s consent.

(4) An application for a mining lease must:

(a) specify the mineral or minerals, or the mining purpose or mining purposes, in respect of which the application is made, and

(b) be lodged with the Director-General, and

(c) be accompanied by the required information and the application fee prescribed by the regulations, and

(d) if the application is for a mining (mineral owner) lease with respect to privately owned minerals that have more than one owner, be made by all the owners.

(5) The required information is as follows:

(a) a description, prepared in the approved manner, of the proposed mining area,

(b) an assessment of the mineral bearing capacity of land in that area and of the extent of any mineral deposits in that land,

(c) particulars of the financial resources and technical advice available to the applicant,

(d) particulars of the program of work proposed to be carried out by the applicant in the proposed mining area,

(e) if the application is for a mining (mineral owner) lease, evidence that the minerals to which the application relates are owned by the applicant,

(f) any other information that is prescribed by the regulations.

(6) If there is more than one applicant for the lease, a reference in subsection (5) to the applicant is a reference to each applicant.