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MINING ACT 1978 - SECT 159

MINING ACT 1978 - SECT 159

159 .         Disputes between licensees and other persons

        (1)         Where a dispute arises between a licensee or permittee under the Petroleum and Geothermal Energy Resources Act 1967 and any person duly authorised to mine or search for minerals by virtue of a mining tenement or other authority under this Act or the repealed Act concerning any operations carried out or proposed to be carried out by the licensee or permittee or such person on any land within the boundaries of the area in respect of which the licence or permit was granted to the licensee or permittee, the licensee or the permittee or such person or both of them may refer the matter to the warden for inquiry and report, and the warden shall, as soon as practicable after such reference, inquire into the dispute and report thereon to the Minister.

        (2)         Upon receipt of the warden’s report the Minister may make such order and give such directions to the licensee or the permittee or such person or to both of them as in the public interest and in the circumstances of the case may seem to him to be just and equitable and by such order may direct the payment by the licensee or the permittee or such person or both of them of any costs and expenses incidental to the conduct of the inquiry.

        (3)         If the licensee or the permittee or such person fails or neglects to comply with any such order or directions, the Minister may cancel the licence, the permit or the mining tenement or other authority (if any) held by such person.

        (4)         In this section —

            (a)         a reference to a licence or permit includes a reference to a drilling reservation or lease; and

            (b)         a reference to a licensee or permittee includes a reference to the registered holder of a drilling reservation or lease.

        [Section 159 amended: No. 35 of 2007 s. 100(5) and (6).]