MINING ACT 1978 - SECT 78
MINING ACT 1978 - SECT 78
78 . Term of leases, options and renewals
(1) Subject to this
Act, a mining lease shall remain in force —
(a) for
an initial term of 21 years; and
(b)
where application for renewal is made in the prescribed manner during the
final year of the term of that lease or if section 111A(1)(d) applies, as from
the expiry of the preceding term for a further term of 21 years, as of right
but subject in respect of that further term to the provisions of this Act and
the regulations thereunder as in force on and after the date of renewal.
(2) Subject to
subsection (1), the Minister may, from time to time upon receipt of an
application made in the prescribed manner, renew or further renew a mining
lease for successive terms but so that no such term exceeds a period of 21
years.
(3) If an application
for renewal is made under this section and the term of the lease would but for
this subsection expire, that lease shall continue in force in respect of the
land the subject of that application until the application is determined.
(4) If, after an
application for renewal is made under this section —
(a) the
holder of the mining lease transfers the lease; or
(b)
where there are 2 or more holders of the mining lease, a holder transfers the
holder’s interest in the lease,
the application
continues in the name of the transferee of the lease or interest as if the
transferee were an applicant or one of the applicants, as the case requires.
[Section 78 inserted: No. 100 of 1985 s. 53;
amended: No. 1 of 1986 s. 5; No. 57 of 1997 s. 89(3); No. 17 of 1999 s. 14.]