MINING ACT 1978 - SECT 97A
MINING ACT 1978 - SECT 97A
97A . Application for restoration of mining tenement after forfeiture
(1) Subject to
subsection (2), where a mining tenement is forfeited under or by virtue of
section 96, 96A or 97 a person who was, immediately prior to the forfeiture,
the holder of the tenement concerned may apply for the mining tenement to be
restored to the person and the forfeiture cancelled.
(2) Where the
forfeiture was occasioned by non-compliance by the holder with an expenditure
condition applicable to the tenement and results from an application made by a
person, not being a person acting on behalf of the Department, subsection (1)
does not apply.
(3) An application
under subsection (1) —
(a)
shall be in the prescribed form and made within the prescribed time; and
(b)
shall be lodged in the prescribed manner; and
(c)
shall be accompanied by the prescribed application fee,
and the applicant
shall at the request of the warden furnish such other information, or such
evidence in support thereof, as the warden may require but the warden shall
not require information or evidence relating to assays or other results of any
testing, sampling or other mining operations that the applicant may have
carried out on the land the subject of the application.
(4) Within 14 days
after the lodging of such an application under subsection (1), the applicant
shall serve such notice of the application as may be prescribed on any person
who has since the forfeiture made application for a mining tenement in respect
of the land or any part of the land to which the application relates and on
such other persons as may be prescribed.
(5) An application
under subsection (1) shall be heard by the warden on a day appointed by the
warden.
(6) A person who
wishes to object to the granting of an application made under subsection (1)
must lodge a notice of objection.
(6A) A notice of
objection must be —
(a)
lodged within the prescribed time and in the prescribed manner; and
(b)
accompanied by the prescribed fee.
(6B) A person is not
entitled to lodge a notice of objection if the basis for the objection is that
the mining tenement, or activities authorised by it, would affect an offsets
project.
(6C) Subsection (6B)
does not apply in respect of an offsets project, or any part of an offsets
project, situated on land held in freehold.
(7) On the hearing of
an application made under subsection (1) the warden —
(a) in a
case to which section 96 applies, shall determine the application and make
such order as the warden thinks fit and may —
(i)
grant the application and restore the mining tenement to
the former holder; or
(ii)
grant the application and restore the mining tenement to
the former holder subject to such further or other conditions as the warden
may specify; or
(iii)
refuse the application;
and
(b) in
any other case, shall as soon as practicable thereafter transmit to the
Minister for the Minister’s consideration the notes of evidence and any
maps or other documents referred to therein, and the warden’s report
recommending the granting or refusal of the application and setting out the
reasons for the recommendation.
(8) On receipt of
notes of evidence and any maps or documents transmitted to the Minister
pursuant to subsection (7), the Minister may grant or refuse the application
for restoration of the mining tenement, as the Minister determines and whether
the warden recommends the granting of the application or the refusal thereof,
and may impose on a mining tenement so restored such further or other
conditions as the Minister may specify.
[Section 97A inserted: No. 100 of 1985 s. 71;
amended: No. 37 of 1993 s. 26; No. 39 of 2004 s. 64; No. 12 of 2010 s. 35; No.
39 of 2022 s. 13; No. 27 of 2023 s. 9.]