MINING ACT 1978 - SECT 102
MINING ACT 1978 - SECT 102
102 . Exemption from expenditure conditions
(1) Subject to this
Act, on an application (an application for exemption ) made, as prescribed, by
the holder of a mining tenement (other than a retention licence) or his
authorised agent prior to the end of the year to which the proposed exemption
relates, or within the prescribed period after the end of that year, the
holder may be granted a certificate of exemption in the prescribed form
totally or partially exempting the mining tenement to which the application
relates from the prescribed expenditure conditions relating thereto, in an
amount not exceeding the amount required to be expended —
(a) in
respect to any mining tenement other than a mining lease, in any one year; and
(b) in
respect to a mining lease, subject to subsection (7), in a period of 5 years.
(1a) An application
for exemption may relate to more than one mining tenement.
(2) A certificate of
exemption may be granted for any of the following reasons —
(a) that
the title to the mining tenement is in dispute; or
(b) that
time is required to evaluate work done on the mining tenement, to plan future
exploration or mining or raise capital therefor; or
(c) that
time is required to purchase and erect plant and machinery; or
(d) that
the ground the subject of the mining tenement is for any sufficient reason
unworkable; or
(e) that
the ground the subject of the mining tenement contains a mineral deposit which
is uneconomic but which may reasonably be expected to become economic in the
future or that at the relevant time economic or marketing problems are such as
not to make the mining operations viable; or
(f) that
the ground the subject of the mining tenement contains mineral ore which is
required to sustain the future operations of an existing or proposed mining
operation; or
(g) that
political, environmental or other difficulties in obtaining requisite
approvals prevent mining or restrict it in a manner that is, or subject to
conditions that are, for the time being impracticable; or
(h) that
—
(i)
the mining tenement is one of 2 or more mining tenements
( combined reporting tenements ) the subject of arrangements approved under
section 115A(4) for the filing of combined mineral exploration reports; and
(ii)
the aggregate exploration expenditure for the combined
reporting tenements would have been such as to satisfy the expenditure
requirements for the mining tenement concerned had that aggregate exploration
expenditure been apportioned between the combined reporting tenements.
(2a) In subsection
(2)(h) —
aggregate exploration expenditure means
expenditure —
(a) on,
or in connection with, exploration for minerals on the combined reporting
tenements; and
(b)
worked out in a manner specified in the regulations.
(3) Notwithstanding
that the reasons given for the application for exemption are not amongst those
set out in subsection (2), a certificate of exemption may also be granted for
any other reason which may be prescribed or which in the opinion of the
Minister is sufficient to justify such exemption.
(4) When consideration
is given to an application for exemption regard shall be had to the current
grounds upon which exemptions have been granted and to the work done and the
money spent on the mining tenement by the holder thereof.
(4A) A person who
wishes to object to the granting of an application for exemption must lodge a
notice of objection.
(4B) A notice of
objection must be —
(a)
lodged within the prescribed time and in the prescribed manner; and
(b)
accompanied by the prescribed fee.
(5) An application for
exemption —
(a)
where an objection to the application is lodged, shall be heard by the warden;
but
(b)
otherwise, shall be forwarded to the Minister for determination by the
Minister.
(6) The warden shall
as soon as practicable after the hearing of the application transmit to the
Minister for his consideration the notes of evidence and any maps or other
documents referred to therein and his report recommending the granting or
refusal of the application and setting out his reasons for that
recommendation.
(7) Where the warden
finds that the reasons given by the holder of the mining lease are sufficient
to justify the granting of a certificate of exemption and so recommends, or if
the Minister is satisfied whether or not a recommendation is made by the
warden, the Minister may grant a certificate of exemption in an amount not
exceeding the amount required to be expended in respect of the mining lease in
the period of 5 years from the commencement of the year to which the
application relates.
[Section 102 amended: No. 69 of 1981 s. 23; No.
100 of 1985 s. 76; No. 105 of 1986 s. 14; No. 22 of 1990 s. 32; No. 37 of 1993
s. 10(2); No. 15 of 2002 s. 24; No. 39 of 2004 s. 66 and 94; No. 39 of 2022 s.
14.]