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MINING ACT 1992 - SCHEDULE 1A

MINING ACT 1992 - SCHEDULE 1A

SCHEDULE 1A – Competitive selection process for controlled release prospecting titles

(Sections 13 and 33)

1 Definition

In this Schedule
"controlled release prospecting title" means an exploration licence or assessment lease that relates to a controlled release mineral in a controlled release area.

2 Invitations for competitive selection applications

(1) The decision-maker may by notice published in the Gazette invite applications (
"competitive selection applications" ) for the grant of a controlled release prospecting title in a specified area on the basis of competitive selection for the grant of the title.
(2) An invitation for competitive selection applications can stipulate information that is to accompany the application in addition to information required to accompany the application under section 13 or 33.
(3) An invitation for competitive selection applications can relate to more than one area of land.
(4) The decision-maker may by notice published in the Gazette vary or withdraw an invitation for competitive selection applications, and the regulations may make provision for or with respect to the consequences of the variation or withdrawal of an invitation.
(5) Section 136 does not apply to an invitation for competitive selection applications or to a competitive selection application.

3 Competitive selection process

(1) The decision-maker is to determine the process for competitive selection for the grant of a controlled release prospecting title.
(2) The process for competitive selection can be different for different areas of land and for different controlled release minerals.
(3) An invitation for competitive selection applications is to include such information as to the process for competitive selection as the decision-maker considers appropriate.

3A Participation charge

(1) A competitive selection application must be accompanied by the participation charge, if any, prescribed by the regulations.

4 Matters to be taken into account in competitive selection process

(1) Without limiting any other provision of this Act, the decision-maker must take into account in the competitive selection process--
(a) any matter that the decision-maker is required under this Act to take into account in considering an application for the grant of an exploration licence or assessment lease, and
(b) any matter prescribed by the regulations.
(2) The decision-maker may determine any other matters that are to be considered in the competitive selection process and the weight or emphasis to be given to those matters.

5 Consideration for grant of controlled release prospecting title

(1) An invitation for competitive selection applications can include a requirement for applications to include an undertaking that the applicant will pay an amount specified in the application or an amount determined through a competitive selection process as consideration offered for the grant of the controlled release prospecting title.
(2) The process for competitive selection can include the public release of information as to the consideration offered by applicants for the grant of a controlled release prospecting title.
(3) The amount of consideration undertaken to be paid by an applicant for the grant of a controlled release prospecting title is a factor that can be a relevant consideration in the competitive selection process.
(4) The grant of a controlled release prospecting title can be delayed until the amount of any consideration payable for the grant of the title is paid or arrangements for payment or security for payment that are satisfactory to the decision-maker have been entered into.
(5) Any amount paid as consideration for the grant of a controlled release prospecting title is not refundable in the event of the title being cancelled.

6 Determination of applications

(1) After a competitive selection application has been considered in accordance with this Schedule, the application is to be dealt with and determined in accordance with the provisions of this Act as they relate to an application for an exploration licence or assessment lease (as appropriate). Accordingly, a power of the decision-maker under this Act to refuse an application for an exploration licence or assessment lease applies to a competitive selection application.
Note : A competitive selection process does not guarantee that a controlled release prospecting title will be issued (because all competing applications may be refused).
(2) If a competitive selection application fails to meet the requirements of the invitation in relation to which it is made, the application can be refused at any time during the competitive selection process without waiting for the process to be finalised.