sec.131Who may apply

### sec.131 Who may apply An eligible person may apply for an exploration permit (the proposed permit ) other than for a sub-block— over which a current exploration permit authorises exploration for a mineral for which the proposed permit is sought; or that has been the subject of an exploration permit (the earlier permit ) authorising the exploration for a mineral for which the proposed permit is sought if less than 2 months has passed since the end of the month in which the sub-block ceased to be in— the earlier permit’s area; or if the earlier permit has ended—the former earlier permit’s area; or that is or has been the subject of an earlier exploration permit application if the earlier application was for a mineral for which the proposed permit is sought and— the earlier application has not been decided; or if the earlier application has been refused or abandoned—less than 2 months has passed since the end of the month in which the earlier application was refused or abandoned. However, an application can not be made for an exploration permit for a sub-block the subject of a call for EP (non-coal) tenders. See section 136A in relation to calls for EP (non-coal) tenders. Also, an application can not be made for an exploration permit for a relevant sub-block during the period stated in a gazette notice published under subsection (6) in relation to the sub-block. Despite subsection (1) (a) , an eligible person may apply for a proposed permit for a sub-block in the area of a current exploration permit if— the person is the holder of the current exploration permit; and the person purports to surrender the current exploration permit under section 161 (1) and the application for the proposed permit relates to land including the sub-block. Despite subsection (1) (b) , an eligible person may apply for a proposed permit for a sub-block over which the person held an exploration permit the person had surrendered to be granted a further exploration permit for the sub-block. The Minister may publish a gazette notice stating that the making of an application for an exploration permit for a particular relevant sub-block is postponed for a stated period. However, the Minister may publish the gazette notice only if satisfied the postponement is in the best interests of the State. The stated period must not start before the day the gazette notice is published. In this section— relevant sub-block means a sub-block that has been the subject of an exploration permit or an application for an exploration permit. s 131 amd 1997 No. 14 s 6 sub 2012 No. 20 s 170 amd 2013 No. 10 s 49 ; 2024 No. 33 s 134 (sec.131-ssec.1) An eligible person may apply for an exploration permit (the proposed permit ) other than for a sub-block— over which a current exploration permit authorises exploration for a mineral for which the proposed permit is sought; or that has been the subject of an exploration permit (the earlier permit ) authorising the exploration for a mineral for which the proposed permit is sought if less than 2 months has passed since the end of the month in which the sub-block ceased to be in— the earlier permit’s area; or if the earlier permit has ended—the former earlier permit’s area; or that is or has been the subject of an earlier exploration permit application if the earlier application was for a mineral for which the proposed permit is sought and— the earlier application has not been decided; or if the earlier application has been refused or abandoned—less than 2 months has passed since the end of the month in which the earlier application was refused or abandoned. (sec.131-ssec.2) However, an application can not be made for an exploration permit for a sub-block the subject of a call for EP (non-coal) tenders. See section 136A in relation to calls for EP (non-coal) tenders. (sec.131-ssec.3) Also, an application can not be made for an exploration permit for a relevant sub-block during the period stated in a gazette notice published under subsection (6) in relation to the sub-block. (sec.131-ssec.4) Despite subsection (1) (a) , an eligible person may apply for a proposed permit for a sub-block in the area of a current exploration permit if— the person is the holder of the current exploration permit; and the person purports to surrender the current exploration permit under section 161 (1) and the application for the proposed permit relates to land including the sub-block. (sec.131-ssec.5) Despite subsection (1) (b) , an eligible person may apply for a proposed permit for a sub-block over which the person held an exploration permit the person had surrendered to be granted a further exploration permit for the sub-block. (sec.131-ssec.6) The Minister may publish a gazette notice stating that the making of an application for an exploration permit for a particular relevant sub-block is postponed for a stated period. (sec.131-ssec.7) However, the Minister may publish the gazette notice only if satisfied the postponement is in the best interests of the State. (sec.131-ssec.8) The stated period must not start before the day the gazette notice is published. (sec.131-ssec.9) In this section— relevant sub-block means a sub-block that has been the subject of an exploration permit or an application for an exploration permit. - (a) over which a current exploration permit authorises exploration for a mineral for which the proposed permit is sought; or - (b) that has been the subject of an exploration permit (the earlier permit ) authorising the exploration for a mineral for which the proposed permit is sought if less than 2 months has passed since the end of the month in which the sub-block ceased to be in— (i) the earlier permit’s area; or (ii) if the earlier permit has ended—the former earlier permit’s area; or - (i) the earlier permit’s area; or - (ii) if the earlier permit has ended—the former earlier permit’s area; or - (c) that is or has been the subject of an earlier exploration permit application if the earlier application was for a mineral for which the proposed permit is sought and— (i) the earlier application has not been decided; or (ii) if the earlier application has been refused or abandoned—less than 2 months has passed since the end of the month in which the earlier application was refused or abandoned. - (i) the earlier application has not been decided; or - (ii) if the earlier application has been refused or abandoned—less than 2 months has passed since the end of the month in which the earlier application was refused or abandoned. - (i) the earlier permit’s area; or - (ii) if the earlier permit has ended—the former earlier permit’s area; or - (i) the earlier application has not been decided; or - (ii) if the earlier application has been refused or abandoned—less than 2 months has passed since the end of the month in which the earlier application was refused or abandoned. - (a) the person is the holder of the current exploration permit; and - (b) the person purports to surrender the current exploration permit under section 161 (1) and the application for the proposed permit relates to land including the sub-block.