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MINERAL RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2005 No. 8 - SECT 3 3 Replacement of s 72 (Mining registrar to fix hearing date)

MINERAL RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2005 No. 8 - SECT 3

3 Replacement of s 72 (Mining registrar to fix hearing date)

Section 72--

omit, insert--

'(1) This section applies if a properly made objection to an application for the grant of a mining claim is lodged.

'(2) The mining registrar must, within 5 business days after the later of the following, refer the application and all properly made objections to it to the tribunal for hearing--

(a) the last objection day for the application;
(b) the day a section 65 conference about the application ends.

'(3) The tribunal must fix a date for the hearing and immediately give written notice of the date to each of the following--

(a) the mining registrar;
(b) the applicant;
(c) each person who has lodged a properly made objection to the application.

'(4) The hearing date must be at least 20 business days after the later of the following--

(a) the last objection day for the application;
(b) the day a section 65 conference about the application ends.

'(5) If the tribunal fixes a date for the hearing and all properly made objections are withdrawn before the hearing starts, the tribunal may remit the matter to the mining registrar.

'(6) In this section--

properly made objection means an objection lodged as required under section 71(1) to (3) and for which section 71(4) has been complied with.'.