MINING ACT 1978 - SECT 67A
MINING ACT 1978 - SECT 67A
67A . Holder of exploration licence may apply to amalgamate secondary tenement
(1) Where a person is
the holder of both an exploration licence and a secondary tenement the person
or an agent of the person may, without marking out the land, apply in writing
to the Minister in the prescribed manner for the secondary tenement to be
amalgamated with the exploration licence.
(2) The holder of an
exploration licence or an agent of the holder may, without marking out the
land, apply in writing to the Minister in the prescribed manner for a
secondary tenement to be amalgamated with the exploration licence where the
secondary tenement was surrendered or forfeited, or expired, after the
application for the exploration licence was made but before the exploration
licence was granted.
(3) The holder of an
exploration licence or an agent of the holder may, without marking out the
land, apply in writing to the Minister in the prescribed manner for a
secondary tenement to be amalgamated with the exploration licence where the
secondary tenement is surrendered or forfeited, or expires.
(4) On receiving an
application under subsection (1), (2) or (3), the Minister may —
(a)
grant the application and amend the exploration licence to include the land
the subject of the secondary tenement, in such manner and on such conditions
as the Minister thinks fit; or
(b)
refuse the application.
(5) Where an
application is made under subsection (1) and the term of the secondary
tenement would but for this subsection expire, the secondary tenement shall
continue in force with respect to the land that is the subject of the
application until the application is determined.
(6) Notwithstanding
anything in section 45(2), 69(1) or 85A(1), an application by the holder of an
exploration licence who was also the holder of the secondary tenement
immediately before the date of its surrender, forfeiture or expiry may be made
—
(a)
under subsection (2) at any time after the granting of the exploration
licence; and
(b)
under subsection (3) at any time after the surrender, forfeiture or expiry of
the secondary tenement.
(6a) Section 105A
applies, with all necessary changes, in relation to a person who makes an
application under subsection (2) or (3) as if a reference in that section
—
(a) to
an applicant included a reference to such a person;
(b) to
an application for a mining tenement included a reference to an application
under subsection (2) or (3);
(c) to
compliance with the initial requirement included, in relation to an
application under subsection (2) or (3), a reference to lodging the
application in the prescribed manner.
(7) In this section
—
secondary tenement , in relation to an exploration
licence —
(a)
means a mining tenement (other than a retention licence) situated wholly
within the boundaries (whether or not any of those boundaries are common
boundaries) of the land the subject of the exploration licence; and
(b)
where the exploration licence was granted in respect of an application made on
or after the commencement of section 16 of the Mining Amendment Act 1990 ,
includes any part of a mining tenement (other than a retention licence)
situated within the boundaries (whether or not any of those boundaries are
common boundaries) of the land the subject of the exploration licence.
(8) This section does
not affect the operation of section 40(1)(b) and (c) of the Mining Amendment
Act 1990 .
[Section 67A inserted: No. 37 of 1993 s. 8;
amended: No. 58 of 1994 s. 19; No. 15 of 2002 s. 13; No. 39 of 2004 s. 60; No.
12 of 2010 s. 24.]