sec.16Land excluded from prospecting permit

### sec.16 Land excluded from prospecting permit Land is excluded from a prospecting permit if— it is in the area of a mining claim, mineral development licence or mining lease; or it is covered by an application for a mining claim, mineral development licence or mining lease that has not been finally decided; or it is the subject of a call for mining lease tenders. Also, a prospecting permit may be granted for all or part of a fossicking area only if the application for the permit was made, but not decided, before the land became a fossicking area. However, if the holder of, or applicant for, the mining claim, mineral development licence or mining lease consents in writing to an application for a prospecting permit for land in the area of or covered by the claim, licence or lease, this section does not apply to the application to the extent stated in the consent. In addition, this section does not apply if— the prospecting permit holder is the applicant for the mining claim, mineral development licence or mining lease; and there is no other application for a claim, licence or lease for land in the area of the prospecting permit. s 16 sub 1995 No. 21 s 9 amd 2012 No. 20 s 125 sch 1 ; 2020 No. 14 s 105 (sec.16-ssec.1) Land is excluded from a prospecting permit if— it is in the area of a mining claim, mineral development licence or mining lease; or it is covered by an application for a mining claim, mineral development licence or mining lease that has not been finally decided; or it is the subject of a call for mining lease tenders. (sec.16-ssec.2) Also, a prospecting permit may be granted for all or part of a fossicking area only if the application for the permit was made, but not decided, before the land became a fossicking area. (sec.16-ssec.3) However, if the holder of, or applicant for, the mining claim, mineral development licence or mining lease consents in writing to an application for a prospecting permit for land in the area of or covered by the claim, licence or lease, this section does not apply to the application to the extent stated in the consent. (sec.16-ssec.4) In addition, this section does not apply if— the prospecting permit holder is the applicant for the mining claim, mineral development licence or mining lease; and there is no other application for a claim, licence or lease for land in the area of the prospecting permit. - (a) it is in the area of a mining claim, mineral development licence or mining lease; or - (b) it is covered by an application for a mining claim, mineral development licence or mining lease that has not been finally decided; or - (c) it is the subject of a call for mining lease tenders. - (a) the prospecting permit holder is the applicant for the mining claim, mineral development licence or mining lease; and - (b) there is no other application for a claim, licence or lease for land in the area of the prospecting permit.