56Leases and licences of land subject to mining rights

### 56 Leases and licences of land subject to mining rights > > (1)  [*\[Section 56 Subsection (1) amended by No. 60 of 2000, s. 13, Applied:14 Nov 2000\]*](/view/html/inforce/2000-11-14/act-2000-060#GS13@EN) Where it is proposed to grant a lease or licence under this Act in respect of any land that is subject to a mining right, the Minister or Portfolio Minister shall give the person in whom the right is vested at least one month's notice in writing to make representations in respect of the proposed granting of the lease or licence and consider any representations made by that person before granting the lease or licence. > > > (2)  If he considers it necessary to do so in order to facilitate or prevent interference with mining operations on any land subject to a lease or licence under this Act, or any previous Act, the Minister may by notice in writing direct the lessee or licensee thereof not to institute, or to discontinue, any such practice as may be specified in the notice. > > > (3)  Any directions given to a lessee under [subsection (2)](#GS56@Gs2@EN) , so long as they remain in force, shall, for the purposes of [section 36](#GS36@EN) , have effect as if they were conditions contained in the lease. > > > (4)  Where the Minister is satisfied that a licensee has not complied with any direction given to him under [subsection (2)](#GS56@Gs2@EN) , he may cancel the licence. > > > (5)  [*\[Section 56 Subsection (5) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003\]*](/view/html/inforce/2003-04-16/act-2003-009#JS1@Ja13@GC4@EN) Except as is otherwise expressly provided in this Act or the [Mineral Resources Development Act 1995](/view/html/inforce/2026-04-12/act-1995-116) , nothing in a lease or licence under this Act or any previous Act derogates from any mining right, or entitles the lessee or licensee thereof to interfere with or obstruct the exercise of any mining right, or to interfere with any work constructed or thing done in the exercise of any mining right.