sec.279AMinister may refuse to grant mining lease if compensation not determined

### sec.279A Minister may refuse to grant mining lease if compensation not determined This section applies if— a person makes an application for the grant of a mining lease; and compensation in relation to the mining lease has not been determined by agreement between the applicant and each owner of land, or by determination of the Land Court, as mentioned in section 279 (1) (a) ; and an application under section 281 has not been made to the Land Court for a determination of the amount of compensation in relation to the mining lease; and 3 months have elapsed since— if no objection was lodged in relation to the application for the grant of the mining lease—the last objection day for the application; or if all objections lodged in relation to the application for the grant of the mining lease are withdrawn under section 261 (1) before being referred to the Land Court under section 265 —the day the chief executive received written notice of the last withdrawal of the objections; or if, under section 265 (10) , the Land Court remitted a matter relating to the mining lease to the chief executive—the day the Land Court remitted the matter; or if, under section 269 , the Land Court made a recommendation about the grant of the mining lease—the day the Land Court made the recommendation; or if the Governor in Council consented to the grant of the mining lease for land relating to a reserve—the day the Governor in Council consented to the grant. The Minister may refuse to grant the mining lease. This section does not limit any other power to refuse to grant a mining lease. s 279A ins 2005 No. 8 s 31 amd 2007 No. 39 s 41 sch ; 2013 No. 10 s 193 sch 1 sub 2018 No. 24 s 116 ; 2019 No. 17 s 229 amd 2020 No. 14 s 134 (sec.279A-ssec.1) This section applies if— a person makes an application for the grant of a mining lease; and compensation in relation to the mining lease has not been determined by agreement between the applicant and each owner of land, or by determination of the Land Court, as mentioned in section 279 (1) (a) ; and an application under section 281 has not been made to the Land Court for a determination of the amount of compensation in relation to the mining lease; and 3 months have elapsed since— if no objection was lodged in relation to the application for the grant of the mining lease—the last objection day for the application; or if all objections lodged in relation to the application for the grant of the mining lease are withdrawn under section 261 (1) before being referred to the Land Court under section 265 —the day the chief executive received written notice of the last withdrawal of the objections; or if, under section 265 (10) , the Land Court remitted a matter relating to the mining lease to the chief executive—the day the Land Court remitted the matter; or if, under section 269 , the Land Court made a recommendation about the grant of the mining lease—the day the Land Court made the recommendation; or if the Governor in Council consented to the grant of the mining lease for land relating to a reserve—the day the Governor in Council consented to the grant. (sec.279A-ssec.2) The Minister may refuse to grant the mining lease. (sec.279A-ssec.3) This section does not limit any other power to refuse to grant a mining lease. - (a) a person makes an application for the grant of a mining lease; and - (b) compensation in relation to the mining lease has not been determined by agreement between the applicant and each owner of land, or by determination of the Land Court, as mentioned in section 279 (1) (a) ; and - (c) an application under section 281 has not been made to the Land Court for a determination of the amount of compensation in relation to the mining lease; and - (d) 3 months have elapsed since— (i) if no objection was lodged in relation to the application for the grant of the mining lease—the last objection day for the application; or (ii) if all objections lodged in relation to the application for the grant of the mining lease are withdrawn under section 261 (1) before being referred to the Land Court under section 265 —the day the chief executive received written notice of the last withdrawal of the objections; or (iii) if, under section 265 (10) , the Land Court remitted a matter relating to the mining lease to the chief executive—the day the Land Court remitted the matter; or (iv) if, under section 269 , the Land Court made a recommendation about the grant of the mining lease—the day the Land Court made the recommendation; or (v) if the Governor in Council consented to the grant of the mining lease for land relating to a reserve—the day the Governor in Council consented to the grant. - (i) if no objection was lodged in relation to the application for the grant of the mining lease—the last objection day for the application; or - (ii) if all objections lodged in relation to the application for the grant of the mining lease are withdrawn under section 261 (1) before being referred to the Land Court under section 265 —the day the chief executive received written notice of the last withdrawal of the objections; or - (iii) if, under section 265 (10) , the Land Court remitted a matter relating to the mining lease to the chief executive—the day the Land Court remitted the matter; or - (iv) if, under section 269 , the Land Court made a recommendation about the grant of the mining lease—the day the Land Court made the recommendation; or - (v) if the Governor in Council consented to the grant of the mining lease for land relating to a reserve—the day the Governor in Council consented to the grant. - (i) if no objection was lodged in relation to the application for the grant of the mining lease—the last objection day for the application; or - (ii) if all objections lodged in relation to the application for the grant of the mining lease are withdrawn under section 261 (1) before being referred to the Land Court under section 265 —the day the chief executive received written notice of the last withdrawal of the objections; or - (iii) if, under section 265 (10) , the Land Court remitted a matter relating to the mining lease to the chief executive—the day the Land Court remitted the matter; or - (iv) if, under section 269 , the Land Court made a recommendation about the grant of the mining lease—the day the Land Court made the recommendation; or - (v) if the Governor in Council consented to the grant of the mining lease for land relating to a reserve—the day the Governor in Council consented to the grant.