sec.245Application for grant of mining lease

### sec.245 Application for grant of mining lease An application for the grant of a mining lease must— be in the approved form; and state the name of each applicant; and state the name and address for service of 1 person upon whom any notice may be served on behalf of the applicant or the applicants; and describe all parcels of land the whole or part of which are in or adjoin the proposed lease area; and state the current use of the land in the proposed lease area and whether it is subject to erosion control works; and state the names and addresses of the owners of— the land in the proposed lease area; and any land that is to be used to access the land mentioned in subparagraph (i) ; and define the boundary of the proposed lease area; and Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement. define the boundary of each of the following— any surface area of land to be included in the proposed lease area; any restricted land for the proposed mining lease; any land outside the boundary of the proposed lease area intended to be used to access the proposed lease area; and for land mentioned in paragraph (h) (i) —state the purpose for which the land is intended to be used; and be accompanied by a visual representation of the boundaries and land mentioned in paragraphs (g) and (h) ; and give reasons why the mining lease should be granted in respect of the area and shape of the proposed lease area; and identify the mineral or minerals or purpose for which the grant of the proposed mining lease is sought; and nominate the term of the proposed mining lease and give reasons for the length of term sought; and be accompanied by a statement, acceptable to the chief executive— outlining the mining program proposed, its method of operation, and providing an indication of when operations are expected to start or, if a mining program is not proposed, outlining the use proposed for the proposed lease area and providing an indication of when the proposed use is to start; and of proposals for infrastructure requirements necessary to enable the mining program to proceed, or additional activities to be carried on to work out the infrastructure requirements; and stating the estimated human, technical and financial resources proposed to be committed to authorised activities for the proposed mining lease during the term of the lease, if granted; and be accompanied by a statement, acceptable to the chief executive and separate from the statement mentioned in paragraph (n) , detailing the applicant’s financial and technical resources; and be accompanied by— proof, to the chief executive’s satisfaction, of each applicant’s identity; and the number of additional copies of the application, and other documents lodged with the application, the chief executive requires; and the application fee prescribed by regulation; and be lodged. However, subsection (1) (n) (i) does not apply if, under section 246 or chapter 8 , the application includes a proposed development plan that complies with the initial development plan requirements. The chief executive must not accept a mining program mentioned in subsection (1) (n) (i) that is inconsistent with the provisions of this Act. s 245 amd 1995 No. 21 ss 67 , 3 sch ; 1997 No. 14 s 14 ; 2000 No. 64 s 130 ; 2004 No. 25 s 1015 ; 2005 No. 8 s 25 ; 2007 No. 46 s 69 ; 2008 No. 56 s 19 sch ; 2012 No. 20 s 125 sch 1 , s 281 sch 2 , s 323 sch 3 ; 2013 No. 10 s 193 sch 1 sub 2014 No. 47 s 434 (amd 2016 No. 30 s 88 ) amd 2020 No. 14 s 126 (sec.245-ssec.1) An application for the grant of a mining lease must— be in the approved form; and state the name of each applicant; and state the name and address for service of 1 person upon whom any notice may be served on behalf of the applicant or the applicants; and describe all parcels of land the whole or part of which are in or adjoin the proposed lease area; and state the current use of the land in the proposed lease area and whether it is subject to erosion control works; and state the names and addresses of the owners of— the land in the proposed lease area; and any land that is to be used to access the land mentioned in subparagraph (i) ; and define the boundary of the proposed lease area; and Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement. define the boundary of each of the following— any surface area of land to be included in the proposed lease area; any restricted land for the proposed mining lease; any land outside the boundary of the proposed lease area intended to be used to access the proposed lease area; and for land mentioned in paragraph (h) (i) —state the purpose for which the land is intended to be used; and be accompanied by a visual representation of the boundaries and land mentioned in paragraphs (g) and (h) ; and give reasons why the mining lease should be granted in respect of the area and shape of the proposed lease area; and identify the mineral or minerals or purpose for which the grant of the proposed mining lease is sought; and nominate the term of the proposed mining lease and give reasons for the length of term sought; and be accompanied by a statement, acceptable to the chief executive— outlining the mining program proposed, its method of operation, and providing an indication of when operations are expected to start or, if a mining program is not proposed, outlining the use proposed for the proposed lease area and providing an indication of when the proposed use is to start; and of proposals for infrastructure requirements necessary to enable the mining program to proceed, or additional activities to be carried on to work out the infrastructure requirements; and stating the estimated human, technical and financial resources proposed to be committed to authorised activities for the proposed mining lease during the term of the lease, if granted; and be accompanied by a statement, acceptable to the chief executive and separate from the statement mentioned in paragraph (n) , detailing the applicant’s financial and technical resources; and be accompanied by— proof, to the chief executive’s satisfaction, of each applicant’s identity; and the number of additional copies of the application, and other documents lodged with the application, the chief executive requires; and the application fee prescribed by regulation; and be lodged. (sec.245-ssec.2) However, subsection (1) (n) (i) does not apply if, under section 246 or chapter 8 , the application includes a proposed development plan that complies with the initial development plan requirements. (sec.245-ssec.3) The chief executive must not accept a mining program mentioned in subsection (1) (n) (i) that is inconsistent with the provisions of this Act. - (a) be in the approved form; and - (b) state the name of each applicant; and - (c) state the name and address for service of 1 person upon whom any notice may be served on behalf of the applicant or the applicants; and - (d) describe all parcels of land the whole or part of which are in or adjoin the proposed lease area; and - (e) state the current use of the land in the proposed lease area and whether it is subject to erosion control works; and - (f) state the names and addresses of the owners of— (i) the land in the proposed lease area; and (ii) any land that is to be used to access the land mentioned in subparagraph (i) ; and - (i) the land in the proposed lease area; and - (ii) any land that is to be used to access the land mentioned in subparagraph (i) ; and - (g) define the boundary of the proposed lease area; and Note— Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement. - (h) define the boundary of each of the following— (i) any surface area of land to be included in the proposed lease area; (ii) any restricted land for the proposed mining lease; (iii) any land outside the boundary of the proposed lease area intended to be used to access the proposed lease area; and - (i) any surface area of land to be included in the proposed lease area; - (ii) any restricted land for the proposed mining lease; - (iii) any land outside the boundary of the proposed lease area intended to be used to access the proposed lease area; and - (i) for land mentioned in paragraph (h) (i) —state the purpose for which the land is intended to be used; and - (j) be accompanied by a visual representation of the boundaries and land mentioned in paragraphs (g) and (h) ; and - (k) give reasons why the mining lease should be granted in respect of the area and shape of the proposed lease area; and - (l) identify the mineral or minerals or purpose for which the grant of the proposed mining lease is sought; and - (m) nominate the term of the proposed mining lease and give reasons for the length of term sought; and - (n) be accompanied by a statement, acceptable to the chief executive— (i) outlining the mining program proposed, its method of operation, and providing an indication of when operations are expected to start or, if a mining program is not proposed, outlining the use proposed for the proposed lease area and providing an indication of when the proposed use is to start; and (ii) of proposals for infrastructure requirements necessary to enable the mining program to proceed, or additional activities to be carried on to work out the infrastructure requirements; and (iii) stating the estimated human, technical and financial resources proposed to be committed to authorised activities for the proposed mining lease during the term of the lease, if granted; and - (i) outlining the mining program proposed, its method of operation, and providing an indication of when operations are expected to start or, if a mining program is not proposed, outlining the use proposed for the proposed lease area and providing an indication of when the proposed use is to start; and - (ii) of proposals for infrastructure requirements necessary to enable the mining program to proceed, or additional activities to be carried on to work out the infrastructure requirements; and - (iii) stating the estimated human, technical and financial resources proposed to be committed to authorised activities for the proposed mining lease during the term of the lease, if granted; and - (o) be accompanied by a statement, acceptable to the chief executive and separate from the statement mentioned in paragraph (n) , detailing the applicant’s financial and technical resources; and - (p) be accompanied by— (i) proof, to the chief executive’s satisfaction, of each applicant’s identity; and (ii) the number of additional copies of the application, and other documents lodged with the application, the chief executive requires; and (iii) the application fee prescribed by regulation; and - (i) proof, to the chief executive’s satisfaction, of each applicant’s identity; and - (ii) the number of additional copies of the application, and other documents lodged with the application, the chief executive requires; and - (iii) the application fee prescribed by regulation; and - (q) be lodged. - (i) the land in the proposed lease area; and - (ii) any land that is to be used to access the land mentioned in subparagraph (i) ; and - (i) any surface area of land to be included in the proposed lease area; - (ii) any restricted land for the proposed mining lease; - (iii) any land outside the boundary of the proposed lease area intended to be used to access the proposed lease area; and - (i) outlining the mining program proposed, its method of operation, and providing an indication of when operations are expected to start or, if a mining program is not proposed, outlining the use proposed for the proposed lease area and providing an indication of when the proposed use is to start; and - (ii) of proposals for infrastructure requirements necessary to enable the mining program to proceed, or additional activities to be carried on to work out the infrastructure requirements; and - (iii) stating the estimated human, technical and financial resources proposed to be committed to authorised activities for the proposed mining lease during the term of the lease, if granted; and - (i) proof, to the chief executive’s satisfaction, of each applicant’s identity; and - (ii) the number of additional copies of the application, and other documents lodged with the application, the chief executive requires; and - (iii) the application fee prescribed by regulation; and