MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012 No. 20 - SECT 141 141 Insertion of new ch 9, pt 3, div 3

MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012 No. 20 - SECT 141

Chapter 9, part 3—

insert—

'(1) This section applies to an application for approval of a third party transfer or sublease—

(a) made, before the commencement, under former chapter 6, part 11, division 3; and

(b) not decided before the commencement.

'(2) The Minister may continue to deal with the application under former chapter 6, part 11, division 3 as if the division had not been repealed under the amending Act.

'(3) In this section—

third party transfer has the meaning given by former section 280.

'(1) This section applies until the commencement of the Environmental Protection Act 1994, chapter 5A, part 4 as inserted by the Environmental Protection (Greentape Reduction) and Other Legislation Amendment Act 2012.

'(2) Former section 287(2)(a)(ii) continues in force instead of section 286(4)(a)(ii) and (iii), as inserted by the amending Act, for deciding whether to give an approval of an assessable transfer.

'(1) This section applies to a person if—

(a) before the commencement, the person could appeal to the Land Court under section 335 in relation to a refusal to approve and register a third party transfer or sublease under former section 287; but

(b) the person had not started the appeal before the commencement.

'(2) Despite the amendment of schedule 1 by the amending Act, the person continues to be a person who may start an appeal under section 335, subject to sections 336 and 337.

'(1) This section applies if, before the commencement—

(a) a person started an appeal under section 337 in relation to a refusal to approve and register a third party transfer or sublease under former section 287; and

(b) the Land Court had not yet decided the appeal.

'(2) The Land Court may continue, under chapter 7, part 4, to grant a stay of the decision being appealed, and hear and decide the appeal.'.