MINERAL TITLES ACT 2010 (NO 27 OF 2010) - SECT 112 Special reserved land – no activities

MINERAL TITLES ACT 2010 (NO 27 OF 2010) - SECT 112

    (1)     This section applies only in relation to an area of land that is not in the title area of a mineral title.

    (2)     The Minister may, by Gazette notice, reserve the land ( special reserved land ) from:

    (a)     exploration for minerals or extractive minerals generally; and

    (b)     extraction of minerals or extractive minerals generally.

    (3)     The notice must include the following information:

    (a)     a description of the land to be reserved;

    (b)     the day on which the reservation will take effect;

    (c)     the reason for the reservation.

    (4)     A person is not entitled to apply for the grant of a mineral title for any part of the special reserved land.

    (5)     Before revoking the reservation of all or part of the special reserved land, the Minister must:

    (a)     give notice, in a newspaper circulating in the locality of the special reserved land, of the intention to revoke the reservation; and

    (b)     include the following information in the notice:

        (i)     a description of the land to which the intended revocation relates;

        (ii)     the reason for the intended revocation;

        (iii)     the period, of not less than 30 days after publication of the notice, within which persons may make written submissions to the Minister about the intended revocation;

        (iv)     the address where submissions may be given to the Minister; and

    (c)     if the Minister made the decision to reserve the special reserved land after considering a written request for the reservation – give the person who made the request a copy of the notice.

    (6)     The Minister may, by Gazette notice, revoke the reservation of all or part of the special reserved land only:

    (a)     after taking into account:

        (i)     the reason for the reservation; and

        (ii)     any submissions received within the period mentioned in subsection (5)(b)(iii); and

    (b)     if satisfied it is in the interests of the Territory to revoke the reservation.

    (7)     The Minister must not delegate to another person the power to reserve, or revoke the reservation of, all or part of the special reserved land.