MINING ACT 1978 - SECT 33
MINING ACT 1978 - SECT 33
33 . Application for mining tenement by permit holder
(1) Subject to
subsection (1a), where an application is made in accordance with this Act for
a mining tenement that relates to private land notice of the application shall
be given in the prescribed manner by the applicant to —
(a) the
chief executive officer of the local government; and
(b) the
owner and occupier of the private land; and
(c) each
mortgagee of the land under a mortgage endorsed or noted on the title or land
register or record relating to that land,
but if there is no
occupier of the land, or no such occupier can be found, the notice of the
application shall be affixed in some conspicuous manner on the land.
(1a) Where the
application for a mining tenement relates only to that portion of the land
that is not less than 30 m below the lowest part of the natural surface of the
private land, it shall not be necessary to give notice of the application to
the owner or occupier or to a mortgagee of the land, but no application shall
be made under section 29(5) or otherwise in respect of that portion of the
land that is less than 30 m below the lowest part of the natural surface
unless notice is given in accordance with subsection (1) notwithstanding the
prior grant of an application for a mining tenement over any portion of the
land.
(1b) Where the
application relates to land to which section 29(2) or (5) applies, the
applicant shall be required to establish that both the owner and the occupier
have consented in writing to the grant of the mining tenement concerned but
otherwise, subject to the determination of the amount of any compensation
payable in accordance with section 123, a mining tenement in respect of
private land may be granted in accordance with this Act.
(2) The owner and
occupier of the private land or any portion of that land and any mortgagee
referred to in subsection (1)(c) are entitled to be heard in relation to any
application in respect of any portion of that land and if the owner or
occupier objects to the granting of the mining tenement, the warden may, if in
the circumstances of the case he considers it proper so to do, and
irrespective of the manner in which the application for the mining tenement is
disposed of, order that the applicant pay to the objector or objectors, such
sum by way of costs as the warden orders.
(2a) If a warden makes
an order for the payment of costs under subsection (2), those costs are
recoverable in accordance with the regulations.
(3) Nothing in
subsection (2) limits or otherwise affects the other powers conferred by this
Act upon a warden.
[Section 33 amended: No. 100 of 1985 s. 24; No. 14
of 1996 s. 4; No. 39 of 2004 s. 55.]
[ 34. Deleted: No. 69 of 1981 s. 12.]