MINING ACT 1978 - SECT 100
MINING ACT 1978 - SECT 100
100 . Applicant to have priority for marking out and applying for surrendered or forfeited licence or lease
(1) Where an
exploration licence or a mining lease that is the subject of an application
for forfeiture under section 98 is surrendered (other than by way of a
conditional surrender or a surrender under section 26A or 65) before the
application is finally dealt with under section 98(4A) or 99(1), the applicant
for forfeiture has, from the date on which the surrender is registered until
the expiry of a period of 14 days after the date of being served with written
notice of the surrender by an officer of the Department, a right in priority
to any other person to mark out or apply for, or both, a mining tenement upon
the whole or any part of the land that was the subject of the surrendered
licence or lease.
(1a) Where —
(a) an
exploration licence or a mining lease that is the subject of an application
for forfeiture under section 98 has continued in force under section 67(2) or
70C(6) pending the determination of an application referred to in
section 67(2) or 70C(6), as the case requires (the tenement application ); and
(b) the
tenement application is withdrawn in accordance with the regulations before
the application for forfeiture is dealt with by the warden,
the applicant for
forfeiture has, from the date on which the tenement application is withdrawn
until the expiry of a period of 14 days after the date of being served with
written notice of the withdrawal by an officer of the Department, a right in
priority to any other person to mark out or apply for, or both, a mining
tenement upon the whole or any part of the land that was the subject of the
licence or lease.
(2) Where an
exploration licence or a mining lease is forfeited pursuant to section 99, the
applicant for forfeiture has, for a period of 14 days after the date of the
publication of the notice of forfeiture of the licence or lease in the
Government Gazette , a right in priority to any other person to mark out or
apply for, or both, a mining tenement upon the whole or any part of the land
that was the subject of the forfeited licence or lease.
[Section 100 inserted: No. 37 of 1993 s. 14(1);
amended: No. 15 of 2002 s. 22; No. 19 of 2010 s. 51.]