MINING ACT 1978 - SECT 88

MINING ACT 1978 - SECT 88

88 .         Term of general purpose lease

        (1)         Subject to this Act, a general purpose lease remains in force —

            (a)         where it is granted in relation to a particular mining lease and contains no other provision for expiry, until —

                  (i)         it is surrendered or forfeited; or

                  (ii)         the date of surrender, forfeiture or expiry of the mining lease (or any renewal thereof) in relation to which it was granted or 21 years from the date deemed pursuant to section 79 to be the date on which the term of the general purpose lease commenced or, if any other date of commencement is specified in the general purpose lease, the specified date, whichever is the longer period;

                or

            (b)         in any other case, for a period of 21 years or until it is sooner surrendered or forfeited.

        (2)         Notwithstanding subsection (1), on receipt of an application made in the prescribed manner during the final year of the term of the lease, the Minister —

            (a)         shall renew the term of the lease as to the whole of the land the subject of the lease —

                  (i)         for one further period of 21 years; and

                  (ii)         on the terms and conditions to which the lease was subject before its renewal;

                and

            (b)         may, in the case of a lease renewed under paragraph (a), renew or further renew the term of the lease as to the whole or any part of the land the subject of the lease —

                  (i)         for a period not exceeding 21 years; and

                  (ii)         on such terms and conditions as the Minister thinks fit.

        (3)         Where an application for a renewal of a general purpose lease is made in respect of any land and the term of that lease would but for this subsection expire, that lease shall continue in force in respect to the land the subject of that application until the application for a renewal is determined.

        (4)         If, after an application for renewal is made under this section —

            (a)         the holder of the general purpose lease transfers the lease; or

            (b)         where there are 2 or more holders of the general purpose 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 88 inserted: No. 100 of 1985 s. 61; amended: No. 105 of 1986 s. 11; No. 12 of 1987 s. 6; No. 17 of 1999 s. 17.]