NATURAL RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2019 - SECT 229 Replacement of s 279A (Deciding whether to grant mining lease if compensation not determined)

NATURAL RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2019 - SECT 229

229 Replacement of s 279A (Deciding whether to grant mining lease if compensation not determined)

Section 279A —

omit, insert—

279A Minister may refuse to grant mining lease if compensation not determined

(1) This section applies if—

(a) a person makes an application for the grant of a mining lease; and

(b) compensation in relation to the mining lease has not been determined by agreement between the applicant and each owner of land, or by determination of the Land Court, as mentioned in section 279(1)(a); and

(c) an application under section 281 has not been made to the Land Court for a determination of the amount of compensation in relation to the mining lease; and

(d) 3 months have elapsed since—

(i) if no objection was lodged in relation to the application for the grant of the mining lease—the last objection day for the application; or

(ii) if, under section 265(10), the Land Court remitted a matter relating to the mining lease to the chief executive—the day the Land Court remitted the matter; or

(iii) if, under section 269, the Land Court made a recommendation about the grant of the mining lease—the day the Land Court made the recommendation; or

(iv) if the Governor in Council consented to the grant of the mining lease for land relating to a reserve—the day the Governor in Council consented to the grant.

(2) The Minister may refuse to grant the mining lease.

(3) This section does not limit any other power to refuse to grant a mining lease.