sec.248Applicant must obtain consent or views of existing authority holders

### sec.248 Applicant must obtain consent or views of existing authority holders This section applies if a person applies for a mining lease over land in the area of an existing exploration permit, mineral development licence or mining lease (the existing authority ) held by someone else. The applicant must obtain the existing authority holder’s written consent to the application if the lease applied for is for the area of, or land within the area of, the existing authority and for— the same minerals as the existing authority; or a specific purpose mining lease. The applicant must obtain the existing authority holder’s written views on the application if the lease applied for is for different minerals to those covered by the existing authority. If the existing authority holder’s consent required under subsection (2) is not lodged with the chief executive before the last objection day for the application ends, the mining lease can not be granted. However, for a lease mentioned in subsection (2) (b) , subsection (4) is subject to section 271AB . If the existing authority holder’s views required under subsection (3) are not lodged with the chief executive before the last objection day for the application ends, the applicant must lodge with the chief executive before the last objection day ends a statutory declaration stating why the applicant can not obtain the views. s 248 ins 1995 No. 21 s 68 amd 1997 No. 14 s 15 sub 2005 No. 8 s 26 amd 2004 No. 12 s 152 (amdt could not be given effect); 2009 No. 16 s 54 ; 2010 No. 31 s 523 ; 2012 No. 20 s 125 sch 1 ; 2013 No. 10 s 193 sch 1 ; 2020 No. 14 s 128 (sec.248-ssec.1) This section applies if a person applies for a mining lease over land in the area of an existing exploration permit, mineral development licence or mining lease (the existing authority ) held by someone else. (sec.248-ssec.2) The applicant must obtain the existing authority holder’s written consent to the application if the lease applied for is for the area of, or land within the area of, the existing authority and for— the same minerals as the existing authority; or a specific purpose mining lease. (sec.248-ssec.3) The applicant must obtain the existing authority holder’s written views on the application if the lease applied for is for different minerals to those covered by the existing authority. (sec.248-ssec.4) If the existing authority holder’s consent required under subsection (2) is not lodged with the chief executive before the last objection day for the application ends, the mining lease can not be granted. (sec.248-ssec.5) However, for a lease mentioned in subsection (2) (b) , subsection (4) is subject to section 271AB . (sec.248-ssec.6) If the existing authority holder’s views required under subsection (3) are not lodged with the chief executive before the last objection day for the application ends, the applicant must lodge with the chief executive before the last objection day ends a statutory declaration stating why the applicant can not obtain the views. - (a) the same minerals as the existing authority; or - (b) a specific purpose mining lease.