MINING ACT 1978 - SECT 9A
MINING ACT 1978 - SECT 9A
9A . Effect of change of baseline
(1) If —
(a) an
offshore area is covered by a mining tenement; and
(b)
there is a change to the inner limit of the coastal waters of the State as
defined in section 16(1) and (2) of the Offshore Minerals Act 2003 ; and
(c) as a
result of the change the offshore area comes within those coastal waters,
this Act applies,
while the tenement or any successor tenement remains in force, as if the area
were still within the offshore area.
(2) In subsection (1)
—
offshore area means an area that comes within
paragraph (b) of the definition of land in section 8(1).
(3) If —
(a) a
mining lease takes effect immediately after an exploration licence expires;
and
(b) the
holder of the mining lease immediately after it takes effect was the holder of
the exploration licence immediately before it expired,
the mining lease is a
successor tenement to the exploration licence for the purposes of subsection
(1).
(4) If —
(a) a
retention licence takes effect immediately after an exploration licence
expires; and
(b) the
holder of the retention licence immediately after it takes effect was the
holder of the exploration licence immediately before it expired,
the retention licence
is a successor tenement to the exploration licence for the purposes of
subsection (1).
(5) If —
(a) a
mining lease takes effect immediately after a retention licence expires; and
(b) the
retention licence took effect immediately after an exploration licence
expired; and
(c) the
holder of the mining lease immediately after it takes effect was the holder of
the retention licence immediately before it expired; and
(d) the
holder of the retention licence immediately after it took effect was the
holder of the exploration licence immediately before it expired,
the mining lease is a
successor tenement to the exploration licence and the retention licence for
the purposes of subsection (1).
[Section 9A inserted: No. 12 of 2003 s. 6.]