MINING AND OTHER LEGISLATION AMENDMENT ACT 2013 No. 10 - SECT 83 83 Amendment of s 53 (Area and shape of mining claim land)

MINING AND OTHER LEGISLATION AMENDMENT ACT 2013 No. 10 - SECT 83

(1) Section 53(1), 'The land'—

omit, insert—

'Subject to subsection (1A), the land'.

(2) Section 53—

insert—

'(1A) For a mining claim that applies to corundum, gemstones or other precious stones, the Minister also may grant the claim for an area, of not more than 20ha, decided by the Minister (the decided area).'.

(3) Section 53(2), from 'However' to 'claim,'—

omit, insert—

'Despite subsection (1)(a), the Minister may, for a particular mining claim for which an area is not decided by the Minister,'.

(4) Section 53—

insert—

'(2A) In deciding the area of a mining claim for subsection (1A), the Minister must have regard to—

(a) whether the area of land is mineralised; and

(b) whether the area of land is of an appropriate size and shape in relation to the mineralisation; and

(c) the type and location of activities to be carried out under the mining claim.'.

(5) Section 53(3), 'mining claim'—

omit, insert—

'mining claim for which an area is not decided by the Minister'.

(6) Section 53—

insert—

'(3A) Subsection (3B) applies to a mining claim for which an area is decided by the Minister if the land to which the mining claim applies is within an area prescribed by regulation under subsection (3)(b).

'(3B) Despite subsection (1A), the Minister can not decide an area for the mining claim that is more than the area prescribed by regulation.'.

(7) Section 53(4), after 'prescribed area'—

insert—

'or the decided area,'.

(8) Section 53(5)—

omit, insert—

'(5) The chief executive must notify the holder that the land exceeds the prescribed area or decided area.'.

(9) Section 53(6), 'mining registrar'—

omit, insert—

'Minister'.

(10) Section 53(6), after 'prescribed area'—

insert—

'or decided area'.