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MINING ACT 1978 - SECT 54

MINING ACT 1978 - SECT 54

54 .         Approval of retention status

        (1)         The Minister may approve retention status for the whole or any part of the land the subject of a prospecting licence if satisfied that —

            (a)         there is an identified mineral resource located in, on or under that land; and

            (b)         the mining of that identified mineral resource is impracticable because —

                  (i)         the resource is uneconomic or subject to marketing problems although the resource may reasonably be expected to become economic or marketable in the future; or

                  (ii)         the resource is required to sustain the future operations of an existing or proposed mining operation; or

                  (iii)         there are existing political, environmental or other difficulties in obtaining requisite approvals.

        (2)         An approval shall be in writing.

        (3)         An approval takes effect on the day on which notice of the approval is published in the Gazette or on a later day specified in the notice.

        (4)         The area of land to which an approval applies shall be an area that, in the opinion of the Minister, is sufficient to include —

            (a)         the land in, on or under which the identified mineral resource is located; and

            (b)         such other land as may be required for future mining operations in respect of that identified mineral resource.

        (5)         The area of land to which an approval applies may be less than the area of land in respect of which the approval was sought.

        (6)         If retention status is approved for part of the land the subject of a prospecting licence, the holder of the prospecting licence shall mark out in the prescribed manner the boundaries of the land covered by the approval as soon as practicable after the day on which the approval takes effect.

        (7)         If retention status is approved for part of the land the subject of a prospecting licence, the land not covered by the approval ceases to be the subject of the licence on the day on which the approval takes effect.

        [Section 54 inserted: No. 39 of 2004 s. 22.]