sec.10AACApplications relating to land taken under a resumption law for which mining tenement interests were extinguished

### sec.10AAC Applications relating to land taken under a resumption law for which mining tenement interests were extinguished The decision-maker for an application for a new mining tenement may, under a grant provision, grant a new mining tenement for an area that includes acquired land only if the decision-maker, after consulting the entity that took the land, is satisfied the grant of the tenement is compatible with the purpose for which the land is being or is to be used. If there are 2 or more applications under this Act for the grant, under a grant provision, of a new mining tenement for an area that includes the same acquired land, the applications are to be dealt with as follows— the applications must be considered and decided according to the day on which they are lodged; if the applications were lodged on the same day— they take the priority the decision-maker decides, after considering the relative merits of each application; and the chief executive must give each applicant a written notice stating there is competition for priority between the applicant’s application and another application, or other applications, lodged on the same day as the day on which the applicant’s application was lodged. If a grant provision provides for the grant of a new mining tenement (the new tenement ) over land in the area of an existing mining tenement (the existing tenement )— the application under this Act for the new tenement may include acquired land that was, immediately before the taking of the land, in the existing tenement’s area; and subject to subsections (1) and (2) , the decision-maker for the application may grant a new tenement for an area that includes the acquired land as if the acquired land were in the existing tenement’s area. To remove any doubt, it is declared that this section does not affect the operation of the provisions of this Act about the application for, and grant of, a new mining tenement other than to the extent provided for in subsections (1) to (3) . In this section— decision-maker , for an application for a new mining tenement, means the entity responsible for granting the tenement. grant provision means a provision of this Act providing for the grant of a new mining tenement. new mining tenement includes a renewed mining tenement. s 10AAC ins 2012 No. 20 s 48 amd 2013 No. 10 s 193 sch 1 (sec.10AAC-ssec.1) The decision-maker for an application for a new mining tenement may, under a grant provision, grant a new mining tenement for an area that includes acquired land only if the decision-maker, after consulting the entity that took the land, is satisfied the grant of the tenement is compatible with the purpose for which the land is being or is to be used. (sec.10AAC-ssec.2) If there are 2 or more applications under this Act for the grant, under a grant provision, of a new mining tenement for an area that includes the same acquired land, the applications are to be dealt with as follows— the applications must be considered and decided according to the day on which they are lodged; if the applications were lodged on the same day— they take the priority the decision-maker decides, after considering the relative merits of each application; and the chief executive must give each applicant a written notice stating there is competition for priority between the applicant’s application and another application, or other applications, lodged on the same day as the day on which the applicant’s application was lodged. (sec.10AAC-ssec.3) If a grant provision provides for the grant of a new mining tenement (the new tenement ) over land in the area of an existing mining tenement (the existing tenement )— the application under this Act for the new tenement may include acquired land that was, immediately before the taking of the land, in the existing tenement’s area; and subject to subsections (1) and (2) , the decision-maker for the application may grant a new tenement for an area that includes the acquired land as if the acquired land were in the existing tenement’s area. (sec.10AAC-ssec.4) To remove any doubt, it is declared that this section does not affect the operation of the provisions of this Act about the application for, and grant of, a new mining tenement other than to the extent provided for in subsections (1) to (3) . (sec.10AAC-ssec.5) In this section— decision-maker , for an application for a new mining tenement, means the entity responsible for granting the tenement. grant provision means a provision of this Act providing for the grant of a new mining tenement. new mining tenement includes a renewed mining tenement. - (a) the applications must be considered and decided according to the day on which they are lodged; - (b) if the applications were lodged on the same day— (i) they take the priority the decision-maker decides, after considering the relative merits of each application; and (ii) the chief executive must give each applicant a written notice stating there is competition for priority between the applicant’s application and another application, or other applications, lodged on the same day as the day on which the applicant’s application was lodged. - (i) they take the priority the decision-maker decides, after considering the relative merits of each application; and - (ii) the chief executive must give each applicant a written notice stating there is competition for priority between the applicant’s application and another application, or other applications, lodged on the same day as the day on which the applicant’s application was lodged. - (i) they take the priority the decision-maker decides, after considering the relative merits of each application; and - (ii) the chief executive must give each applicant a written notice stating there is competition for priority between the applicant’s application and another application, or other applications, lodged on the same day as the day on which the applicant’s application was lodged. - (a) the application under this Act for the new tenement may include acquired land that was, immediately before the taking of the land, in the existing tenement’s area; and - (b) subject to subsections (1) and (2) , the decision-maker for the application may grant a new tenement for an area that includes the acquired land as if the acquired land were in the existing tenement’s area.