sec.226Minister may determine availability of certain land

### sec.226 Minister may determine availability of certain land Where in respect of any land— an application for a mineral development licence or for renewal thereof is rejected by the Minister; or a mineral development licence expires by effluxion of time and an application to renew the licence is not duly made; or a mineral development licence is cancelled pursuant to section 209 or 225 ; or a mineral development licence is surrendered or an application for the grant of a mineral development licence is abandoned in respect of land over which the holder of or the applicant for the grant does not hold an exploration permit that adjoins that land; that land, shall not be available for any subsequent application for the grant of a mining tenement unless and until approved by the Minister. An approval of the Minister under subsection (1) may limit the type of application or grant that may be made in respect of the land specified in the approval and may stipulate the conditions under which applications therefor may be made. An approval of the Minister under subsection (1) may provide that a subsequent application by an eligible person need not be by the holder of a prospecting permit, exploration permit or a mineral development licence. Notwithstanding subsection (1) , where the applicant for a mineral development licence that is rejected is at the time of the rejection the holder of an exploration permit in respect of the same land, that land shall, upon the rejection, be subject to the exploration permit. s 226 amd 2000 No. 64 s 174 sch (sec.226-ssec.1) Where in respect of any land— an application for a mineral development licence or for renewal thereof is rejected by the Minister; or a mineral development licence expires by effluxion of time and an application to renew the licence is not duly made; or a mineral development licence is cancelled pursuant to section 209 or 225 ; or a mineral development licence is surrendered or an application for the grant of a mineral development licence is abandoned in respect of land over which the holder of or the applicant for the grant does not hold an exploration permit that adjoins that land; that land, shall not be available for any subsequent application for the grant of a mining tenement unless and until approved by the Minister. (sec.226-ssec.2) An approval of the Minister under subsection (1) may limit the type of application or grant that may be made in respect of the land specified in the approval and may stipulate the conditions under which applications therefor may be made. (sec.226-ssec.3) An approval of the Minister under subsection (1) may provide that a subsequent application by an eligible person need not be by the holder of a prospecting permit, exploration permit or a mineral development licence. (sec.226-ssec.4) Notwithstanding subsection (1) , where the applicant for a mineral development licence that is rejected is at the time of the rejection the holder of an exploration permit in respect of the same land, that land shall, upon the rejection, be subject to the exploration permit. - (a) an application for a mineral development licence or for renewal thereof is rejected by the Minister; or - (b) a mineral development licence expires by effluxion of time and an application to renew the licence is not duly made; or - (c) a mineral development licence is cancelled pursuant to section 209 or 225 ; or - (d) a mineral development licence is surrendered or an application for the grant of a mineral development licence is abandoned in respect of land over which the holder of or the applicant for the grant does not hold an exploration permit that adjoins that land;