sec.232Eligible person may apply for mining lease

### sec.232 Eligible person may apply for mining lease An eligible person (an applicant ) may apply for a mining lease for 1 or more minerals over an area of contiguous land (the proposed lease area ). See section 245 for the requirements for making an application. See sections 248 and 249 for the requirements for an applicant to obtain the consent or views of the holder of, or an earlier applicant for, an exploration permit, mineral development licence or mining lease over the same land. However, if the application is for a coal mining lease— the proposed lease area must be in the area of any of the following (each a resource authority )— a prospecting permit; an exploration permit for coal; a mineral development licence; and the applicant must— be the holder of the resource authority; or have the consent of the holder of the resource authority to apply for the coal mining lease. If an area of contiguous land (also the proposed lease area ) is the subject of a call for mining lease tenders, an eligible person may apply for a mining lease over the proposed lease area only if the person— is the preferred tenderer for the tender; and applies for the mining lease within the application period mentioned in the notice given to the person under section 317ZH . s 232 amd 2008 No. 33 s 95 ; 2012 No. 20 ss 59 , 125 sch 1 sub 2014 No. 47 s 430 amd 2017 No. 28 s 25 ; 2018 No. 24 s 108 ; 2020 No. 14 s 124 (sec.232-ssec.1) An eligible person (an applicant ) may apply for a mining lease for 1 or more minerals over an area of contiguous land (the proposed lease area ). See section 245 for the requirements for making an application. See sections 248 and 249 for the requirements for an applicant to obtain the consent or views of the holder of, or an earlier applicant for, an exploration permit, mineral development licence or mining lease over the same land. (sec.232-ssec.2) However, if the application is for a coal mining lease— the proposed lease area must be in the area of any of the following (each a resource authority )— a prospecting permit; an exploration permit for coal; a mineral development licence; and the applicant must— be the holder of the resource authority; or have the consent of the holder of the resource authority to apply for the coal mining lease. (sec.232-ssec.3) If an area of contiguous land (also the proposed lease area ) is the subject of a call for mining lease tenders, an eligible person may apply for a mining lease over the proposed lease area only if the person— is the preferred tenderer for the tender; and applies for the mining lease within the application period mentioned in the notice given to the person under section 317ZH . - 1 See section 245 for the requirements for making an application. - 2 See sections 248 and 249 for the requirements for an applicant to obtain the consent or views of the holder of, or an earlier applicant for, an exploration permit, mineral development licence or mining lease over the same land. - (a) the proposed lease area must be in the area of any of the following (each a resource authority )— (i) a prospecting permit; (ii) an exploration permit for coal; (iii) a mineral development licence; and - (i) a prospecting permit; - (ii) an exploration permit for coal; - (iii) a mineral development licence; and - (b) the applicant must— (i) be the holder of the resource authority; or (ii) have the consent of the holder of the resource authority to apply for the coal mining lease. - (i) be the holder of the resource authority; or - (ii) have the consent of the holder of the resource authority to apply for the coal mining lease. - (i) a prospecting permit; - (ii) an exploration permit for coal; - (iii) a mineral development licence; and - (i) be the holder of the resource authority; or - (ii) have the consent of the holder of the resource authority to apply for the coal mining lease. - (a) is the preferred tenderer for the tender; and - (b) applies for the mining lease within the application period mentioned in the notice given to the person under section 317ZH .