MINING ACT 1992 - SECT 63 Power of decision-maker in relation to applications

MINING ACT 1992 - SECT 63

63 Power of decision-maker in relation to applications

(1) After considering an application for a mining lease, the decision-maker--

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

(b) may refuse the application.

Note : Schedule 1B contains provisions about the grant or refusal of an application for a mining lease.

(3) The decision-maker may grant--

(a) a single mining lease for 2 or more applications made by the same applicant, or

(b) 2 or more mining leases to an applicant for a single application.

(3A) A mining lease may not be granted until the mining lease fee prescribed by the regulations has been paid for the grant of the lease.

(4) A mining lease may not be granted under this section otherwise than in accordance with Part 2 of Schedule 1.

(5) A mining lease may not be granted, in respect of an ancillary mining activity or activities only, unless the decision-maker is satisfied that the ancillary mining activity or activities is or are to be carried out in the vicinity of and to directly facilitate--

(a) a mining lease in respect of a mineral or minerals, or

(b) a mineral claim,

being a mining lease or mineral claim that has been or is proposed to be granted.

(6) A mining lease must not be granted if--

(a) the application for the mining lease is for an ancillary mining activity or activities, and

(b) the ancillary mining activity or activities relate only to mining under a mining (mineral owner) lease, and

(c) the land that is to be subject to the mining lease is not owned by the holder of the mining (mineral owner) lease.

(7) The decision-maker, in deciding whether to grant or refuse an application for a mining lease for an ancillary mining activity or activities only, is to have regard to guidelines issued (and made publicly available) by the Secretary for the purposes of this subsection.