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MINERAL RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2005 No. 8 - SECT 32 32 Replacement of s 286 (Renewal of mining lease)

MINERAL RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2005 No. 8 - SECT 32

32 Replacement of s 286 (Renewal of mining lease)

Section 286--

omit, insert--

'(1) The holder of a mining lease, including a lease subject to a condition mentioned in section 285, may, within the renewal period, apply to the mining registrar for a renewal of the lease.

'(2) The application must be made in the approved form and accompanied by the information and the fee prescribed under a regulation.

'(3) In this section--

renewal period means the period that is--

(a) at least 6 months, or any shorter period allowed by the Minister in the particular case, before the current term of the lease expires; and
(b) not more than 1 year before the current term expires.

'(1) Subject to part 17, division 5,4 the Governor in Council may grant an application for the renewal of a mining lease if the Minister is satisfied of each of the following--

(a) the holder has complied with--
(i) the terms of the lease; and
(ii) this Act in relation to the lease;
(b) the land the subject of the lease--
(i) still contains workable quantities of mineral or mineral bearing ore; or
(ii) is otherwise required for purposes for which the lease was granted;
(c) the proposed term of the renewed lease is appropriate;
(d) having regard to the current and prospective uses of the land comprised in the lease, the operations to be carried on during the renewed term of the lease--
(i) are an appropriate land use; and
(ii) will conform with sound land use management;
(e) the land and surface area for which the renewal is sought is of an appropriate size and shape in relation to the activities proposed to be carried out;
(f) the financial and technical resources available to the holder to carry on mining operations under the renewed lease are appropriate;
(g) the public interest will not be adversely affected by the renewal;
(h) for a lease subject to a condition mentioned in section 285--the lease should be renewed.

'(2) If the application is for a lease subject to a condition mentioned in section 285, the Minister must advise the Governor in Council of the fact.

'(3) The renewal may be granted for the further term, decided by the Governor in Council, that is not longer than the period for which compensation has been agreed or determined under section 279, 281 or 282.

'(4) The renewed lease is subject to--

(a) any conditions prescribed under a regulation; and
(b) any conditions decided by the Governor in Council.

'(5) The Minister may refuse the application if the Minister--

(a) has served on the holder a notice in the approved form asking the holder to show cause, within the period stated in the notice, why the application should not be refused; and
(b) after considering the holder's response, is satisfied the application should be refused.

'(6) As soon as practicable after deciding the application, the Minister must give the holder a written notice stating--

(a) the decision; and
(b) if the decision is to recommend the grant of the renewal on conditions, or to refuse to recommend the grant of the renewal, the reasons for the decision.

'If the Minister approves an application for renewal of a mining lease, the chief executive must give the EPA administering authority a copy of the application within 5 business days after the Minister is satisfied of the matters mentioned in section 286A(1) concerning the lease.

'(1) Subsection (2) applies if--

(a) a properly made application for renewal of a mining lease is not withdrawn, refused or granted before the lease's expiry day ends; and
(b) after the expiry day, the holder--
(i) continues to pay rental on the lease and other amounts required to be paid under this Act; and
(ii) otherwise complies with this Act and the lease conditions.

'(2) The lease continues in force subject to the rights, entitlements and obligations in effect immediately before the end of the expiry day until the application is withdrawn, refused or granted.

'(1) If a mining lease is renewed before its expiry day ends, the term of the renewed lease starts on the day after the expiry day.

'(2) If the lease is renewed after the expiry day, the term of the renewed lease is taken to have started on the day after the expiry day.

'(1) If a renewed mining lease is subject to conditions (the new conditions) different from, or not included in, the lease conditions applying immediately before its renewal, the new conditions apply from the later of the following--

(a) the start of the term of the renewed lease;
(b) the day the renewal is granted.

'(2) However, if the lease is continued in force under section 286C, the holder must pay rental on the lease from the day after its expiry day at the rate that would have been payable, from time to time, if the renewed mining lease had been renewed on the day after the expiry day.

'(3) Subsection (2) applies even though payment of rental may be a condition of the lease.

'(1) This section applies if an assignment of a mining lease is approved and recorded under section 300(8)--

(a) after the date on which an application for renewal of the lease is made; and
(b) before the application is disposed of by the Minister.

'(2) Any renewal granted on the application must be in the name of the assignee under the last assignment approved and recorded before the grant of the renewal.'.