sec.129Entitlements under exploration permit

### sec.129 Entitlements under exploration permit During the term of an exploration permit— the holder of the exploration permit and any person who acts for the purpose of carrying out any activity authorised by the exploration permit, with or by such vehicles, vessels, machinery and equipment as may be necessary or expedient for the purpose of exploring for any mineral to which the exploration permit applies, may, in compliance with the Common Provisions Act , chapter 3 , enter any part of the area of the exploration permit for the purpose of— facilitating that exploration; or plugging and abandoning, or otherwise remediating, a legacy borehole and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation; and the holder of the permit may, subject to compliance with this Act, have considered for grant, in priority to all other persons, an application for the grant of a mining claim, mineral development licence or mining lease for all or part of the area of the permit; and the holder of the permit may enter the area of the permit for either or both of the following purposes— doing all acts necessary to comply with this Act for an application mentioned in paragraph (b) ; if the application or EIS relates to an application mentioned in paragraph (b) , doing all acts necessary to comply with— an application for an environmental authority under the Environmental Protection Act ; or that Act for an EIS; or the State Development and Public Works Organisation Act 1971 for an EIS. The holder of the permit wishes to apply for the grant of a mining lease for the area of the permit. The holder also wishes to apply for an environmental authority for a mining activity that relates to the mining lease under the Environmental Protection Act . The holder may enter the area to carry out an environmental assessment for the environmental authority application under the Environmental Protection Act , section 125 (1) (l) . The holder of an exploration permit, and each person who enters or is upon land under the authority of that exploration permit, shall comply with the terms and conditions upon which any consent required to be given under this Act in respect thereof was given by the owner of that land. For the purpose of exercising his or her entitlements under this part a person who enters or is upon land under the authority of an exploration permit may stay at night thereon and for that purpose may set up temporary accommodation thereon. During the term of an exploration permit, the rights of the holder of the permit relate, and are taken to have always related, to the whole of the area of the permit. s 129 amd 1990 No. 30 s 12 ; 1995 No. 21 ss 37 , 3 sch ; 2000 No. 64 s 96 ; 2012 No. 20 ss 169 , 125 sch 1 ; 2013 No. 10 s 108 ; 2014 No. 47 s 399 ; 2014 No. 47 ss 374 , 421 (sec.129-ssec.1) During the term of an exploration permit— the holder of the exploration permit and any person who acts for the purpose of carrying out any activity authorised by the exploration permit, with or by such vehicles, vessels, machinery and equipment as may be necessary or expedient for the purpose of exploring for any mineral to which the exploration permit applies, may, in compliance with the Common Provisions Act , chapter 3 , enter any part of the area of the exploration permit for the purpose of— facilitating that exploration; or plugging and abandoning, or otherwise remediating, a legacy borehole and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation; and the holder of the permit may, subject to compliance with this Act, have considered for grant, in priority to all other persons, an application for the grant of a mining claim, mineral development licence or mining lease for all or part of the area of the permit; and the holder of the permit may enter the area of the permit for either or both of the following purposes— doing all acts necessary to comply with this Act for an application mentioned in paragraph (b) ; if the application or EIS relates to an application mentioned in paragraph (b) , doing all acts necessary to comply with— an application for an environmental authority under the Environmental Protection Act ; or that Act for an EIS; or the State Development and Public Works Organisation Act 1971 for an EIS. The holder of the permit wishes to apply for the grant of a mining lease for the area of the permit. The holder also wishes to apply for an environmental authority for a mining activity that relates to the mining lease under the Environmental Protection Act . The holder may enter the area to carry out an environmental assessment for the environmental authority application under the Environmental Protection Act , section 125 (1) (l) . (sec.129-ssec.7) The holder of an exploration permit, and each person who enters or is upon land under the authority of that exploration permit, shall comply with the terms and conditions upon which any consent required to be given under this Act in respect thereof was given by the owner of that land. (sec.129-ssec.15) For the purpose of exercising his or her entitlements under this part a person who enters or is upon land under the authority of an exploration permit may stay at night thereon and for that purpose may set up temporary accommodation thereon. (sec.129-ssec.16) During the term of an exploration permit, the rights of the holder of the permit relate, and are taken to have always related, to the whole of the area of the permit. - (a) the holder of the exploration permit and any person who acts for the purpose of carrying out any activity authorised by the exploration permit, with or by such vehicles, vessels, machinery and equipment as may be necessary or expedient for the purpose of exploring for any mineral to which the exploration permit applies, may, in compliance with the Common Provisions Act , chapter 3 , enter any part of the area of the exploration permit for the purpose of— (i) facilitating that exploration; or (ii) plugging and abandoning, or otherwise remediating, a legacy borehole and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation; and - (i) facilitating that exploration; or - (ii) plugging and abandoning, or otherwise remediating, a legacy borehole and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation; and - (b) the holder of the permit may, subject to compliance with this Act, have considered for grant, in priority to all other persons, an application for the grant of a mining claim, mineral development licence or mining lease for all or part of the area of the permit; and - (c) the holder of the permit may enter the area of the permit for either or both of the following purposes— (i) doing all acts necessary to comply with this Act for an application mentioned in paragraph (b) ; (ii) if the application or EIS relates to an application mentioned in paragraph (b) , doing all acts necessary to comply with— (A) an application for an environmental authority under the Environmental Protection Act ; or (B) that Act for an EIS; or (C) the State Development and Public Works Organisation Act 1971 for an EIS. Example for paragraph (c) (ii) — The holder of the permit wishes to apply for the grant of a mining lease for the area of the permit. The holder also wishes to apply for an environmental authority for a mining activity that relates to the mining lease under the Environmental Protection Act . The holder may enter the area to carry out an environmental assessment for the environmental authority application under the Environmental Protection Act , section 125 (1) (l) . - (i) doing all acts necessary to comply with this Act for an application mentioned in paragraph (b) ; - (ii) if the application or EIS relates to an application mentioned in paragraph (b) , doing all acts necessary to comply with— (A) an application for an environmental authority under the Environmental Protection Act ; or (B) that Act for an EIS; or (C) the State Development and Public Works Organisation Act 1971 for an EIS. Example for paragraph (c) (ii) — The holder of the permit wishes to apply for the grant of a mining lease for the area of the permit. The holder also wishes to apply for an environmental authority for a mining activity that relates to the mining lease under the Environmental Protection Act . The holder may enter the area to carry out an environmental assessment for the environmental authority application under the Environmental Protection Act , section 125 (1) (l) . - (A) an application for an environmental authority under the Environmental Protection Act ; or - (B) that Act for an EIS; or - (C) the State Development and Public Works Organisation Act 1971 for an EIS. - (i) facilitating that exploration; or - (ii) plugging and abandoning, or otherwise remediating, a legacy borehole and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation; and - (i) doing all acts necessary to comply with this Act for an application mentioned in paragraph (b) ; - (ii) if the application or EIS relates to an application mentioned in paragraph (b) , doing all acts necessary to comply with— (A) an application for an environmental authority under the Environmental Protection Act ; or (B) that Act for an EIS; or (C) the State Development and Public Works Organisation Act 1971 for an EIS. Example for paragraph (c) (ii) — The holder of the permit wishes to apply for the grant of a mining lease for the area of the permit. The holder also wishes to apply for an environmental authority for a mining activity that relates to the mining lease under the Environmental Protection Act . The holder may enter the area to carry out an environmental assessment for the environmental authority application under the Environmental Protection Act , section 125 (1) (l) . - (A) an application for an environmental authority under the Environmental Protection Act ; or - (B) that Act for an EIS; or - (C) the State Development and Public Works Organisation Act 1971 for an EIS. - (A) an application for an environmental authority under the Environmental Protection Act ; or - (B) that Act for an EIS; or - (C) the State Development and Public Works Organisation Act 1971 for an EIS.