MINING ACT 1978 - SECT 42
MINING ACT 1978 - SECT 42
42 . Determination of application for prospecting licence
(1) A person who
wishes to object to the granting of an application for a prospecting licence
must lodge a notice of objection.
(1A) A notice of
objection must be —
(a)
lodged within the prescribed time and in the prescribed manner; and
(b)
accompanied by the prescribed fee.
(1B) A person is not
entitled to lodge a notice of objection if the basis for the objection is that
the prospecting licence, or activities authorised by it, would affect an
offsets project.
(1C) Subsection (1B)
does not apply in respect of an offsets project, or any part of an offsets
project, situated on land held in freehold.
(2) Where no notice of
objection is lodged within the prescribed time, or any notice of objection is
withdrawn, the mining registrar may —
(a)
grant the prospecting licence if satisfied that the applicant has complied in
all respects with the provisions of this Act; or
(b)
refuse the prospecting licence if not so satisfied.
(3) Where a notice of
objection —
(a) is
lodged within the prescribed time; or
(b) is
not lodged within the prescribed time but is lodged before the mining
registrar has granted or refused the prospecting licence under subsection (2)
and the warden is satisfied that there are reasonable grounds for late
lodgment,
and the notice of
objection is not withdrawn, the warden shall hear and determine the
application for the prospecting licence on a day appointed by the warden and
may give any person who has lodged such a notice of objection an opportunity
to be heard.
[Section 42 inserted: No. 58 of 1994 s. 9(1);
amended: No. 39 of 2004 s. 56; No. 12 of 2010 s. 17; No. 39 of 2022 s. 6; No.
27 of 2023 s. 5.]