sec.286Application for renewal of mining lease

### sec.286 Application for renewal of mining lease The holder of a mining lease, including a lease subject to a condition mentioned in section 285 , may, within the renewal period, apply to the Minister for a renewal of the lease by lodging an application with the chief executive. The application must be— made in the approved form; and accompanied by the fee prescribed under a regulation; and accompanied by a statement about the following matters— the term for which the mining lease is to be renewed; the reason for seeking the renewal; if the lease was granted for a purpose mentioned in section 234 (1) (a) —whether the area the subject of the application contains workable quantities of mineral or mineral bearing ore; if the lease was granted for a purpose mentioned in section 234 (1) (b) —the particular purpose for which the renewal is sought; if a mining program is proposed to be carried out under the renewed lease—the proposed mining program and its method of operation; whether the operations to be carried on during the term of the renewed lease are an appropriate land use and will conform with sound land use management; whether the land and surface area in relation to which the renewal is sought is of an appropriate size and shape for the activities proposed to be carried out under the renewed lease; the financial and technical resources available to the applicant to carry on mining operations under the renewed lease; in relation to the parcels of land the whole or part of which are the subject of the application— a description of the parcels of land; and the current use of the land; and the name and address of the owner of the land (the primary land ) and the name and address of any other land which may be used to access the primary land. Within 5 business days after the application is made, the holder must— give a copy of the application and of any documents or information prescribed by regulation to the following persons (each an interested party )— each owner of land the subject of the mining lease; each owner of land outside the boundary of the area of the mining lease the holder intends to use to access the area of the mining lease; and if, in relation to the grant or renewal of the mining lease, an agreement for compensation has been made with an interested party under section 279 or a determination of compensation for an interested party has been made under section 281 —give a copy of the most recent agreement or determination to the interested party. For subsection (3) , the application given to an interested party need not include— information that may disclose the holder’s financial and technical resources; or information that has a commercial or other value that would be, or could be expected to be, destroyed or diminished if the information were disclosed. In this section— renewal period means the period that is— at least 6 months, or any shorter period allowed by the Minister in the particular case, before the current term of the lease expires; and not more than 1 year before the current term expires. s 286 amd 1994 No. 18 s 4 (retro); 1995 No. 21 ss 80 , 3 sch ; 1999 No. 35 s 43 ; 2000 No. 64 ss 147 , 174 sch sub 2005 No. 8 s 32 amd 2008 No. 33 s 96 ; 2009 No. 16 s 57 ; 2013 No. 10 s 193 sch 1 ; 2018 No. 24 s 120 (sec.286-ssec.1) The holder of a mining lease, including a lease subject to a condition mentioned in section 285 , may, within the renewal period, apply to the Minister for a renewal of the lease by lodging an application with the chief executive. (sec.286-ssec.2) The application must be— made in the approved form; and accompanied by the fee prescribed under a regulation; and accompanied by a statement about the following matters— the term for which the mining lease is to be renewed; the reason for seeking the renewal; if the lease was granted for a purpose mentioned in section 234 (1) (a) —whether the area the subject of the application contains workable quantities of mineral or mineral bearing ore; if the lease was granted for a purpose mentioned in section 234 (1) (b) —the particular purpose for which the renewal is sought; if a mining program is proposed to be carried out under the renewed lease—the proposed mining program and its method of operation; whether the operations to be carried on during the term of the renewed lease are an appropriate land use and will conform with sound land use management; whether the land and surface area in relation to which the renewal is sought is of an appropriate size and shape for the activities proposed to be carried out under the renewed lease; the financial and technical resources available to the applicant to carry on mining operations under the renewed lease; in relation to the parcels of land the whole or part of which are the subject of the application— a description of the parcels of land; and the current use of the land; and the name and address of the owner of the land (the primary land ) and the name and address of any other land which may be used to access the primary land. (sec.286-ssec.3) Within 5 business days after the application is made, the holder must— give a copy of the application and of any documents or information prescribed by regulation to the following persons (each an interested party )— each owner of land the subject of the mining lease; each owner of land outside the boundary of the area of the mining lease the holder intends to use to access the area of the mining lease; and if, in relation to the grant or renewal of the mining lease, an agreement for compensation has been made with an interested party under section 279 or a determination of compensation for an interested party has been made under section 281 —give a copy of the most recent agreement or determination to the interested party. (sec.286-ssec.4) For subsection (3) , the application given to an interested party need not include— information that may disclose the holder’s financial and technical resources; or information that has a commercial or other value that would be, or could be expected to be, destroyed or diminished if the information were disclosed. (sec.286-ssec.5) In this section— renewal period means the period that is— at least 6 months, or any shorter period allowed by the Minister in the particular case, before the current term of the lease expires; and not more than 1 year before the current term expires. - (a) made in the approved form; and - (b) accompanied by the fee prescribed under a regulation; and - (c) accompanied by a statement about the following matters— (i) the term for which the mining lease is to be renewed; (ii) the reason for seeking the renewal; (iii) if the lease was granted for a purpose mentioned in section 234 (1) (a) —whether the area the subject of the application contains workable quantities of mineral or mineral bearing ore; (iv) if the lease was granted for a purpose mentioned in section 234 (1) (b) —the particular purpose for which the renewal is sought; (v) if a mining program is proposed to be carried out under the renewed lease—the proposed mining program and its method of operation; (vi) whether the operations to be carried on during the term of the renewed lease are an appropriate land use and will conform with sound land use management; (vii) whether the land and surface area in relation to which the renewal is sought is of an appropriate size and shape for the activities proposed to be carried out under the renewed lease; (viii) the financial and technical resources available to the applicant to carry on mining operations under the renewed lease; (ix) in relation to the parcels of land the whole or part of which are the subject of the application— (A) a description of the parcels of land; and (B) the current use of the land; and (C) the name and address of the owner of the land (the primary land ) and the name and address of any other land which may be used to access the primary land. - (i) the term for which the mining lease is to be renewed; - (ii) the reason for seeking the renewal; - (iii) if the lease was granted for a purpose mentioned in section 234 (1) (a) —whether the area the subject of the application contains workable quantities of mineral or mineral bearing ore; - (iv) if the lease was granted for a purpose mentioned in section 234 (1) (b) —the particular purpose for which the renewal is sought; - (v) if a mining program is proposed to be carried out under the renewed lease—the proposed mining program and its method of operation; - (vi) whether the operations to be carried on during the term of the renewed lease are an appropriate land use and will conform with sound land use management; - (vii) whether the land and surface area in relation to which the renewal is sought is of an appropriate size and shape for the activities proposed to be carried out under the renewed lease; - (viii) the financial and technical resources available to the applicant to carry on mining operations under the renewed lease; - (ix) in relation to the parcels of land the whole or part of which are the subject of the application— (A) a description of the parcels of land; and (B) the current use of the land; and (C) the name and address of the owner of the land (the primary land ) and the name and address of any other land which may be used to access the primary land. - (A) a description of the parcels of land; and - (B) the current use of the land; and - (C) the name and address of the owner of the land (the primary land ) and the name and address of any other land which may be used to access the primary land. - (i) the term for which the mining lease is to be renewed; - (ii) the reason for seeking the renewal; - (iii) if the lease was granted for a purpose mentioned in section 234 (1) (a) —whether the area the subject of the application contains workable quantities of mineral or mineral bearing ore; - (iv) if the lease was granted for a purpose mentioned in section 234 (1) (b) —the particular purpose for which the renewal is sought; - (v) if a mining program is proposed to be carried out under the renewed lease—the proposed mining program and its method of operation; - (vi) whether the operations to be carried on during the term of the renewed lease are an appropriate land use and will conform with sound land use management; - (vii) whether the land and surface area in relation to which the renewal is sought is of an appropriate size and shape for the activities proposed to be carried out under the renewed lease; - (viii) the financial and technical resources available to the applicant to carry on mining operations under the renewed lease; - (ix) in relation to the parcels of land the whole or part of which are the subject of the application— (A) a description of the parcels of land; and (B) the current use of the land; and (C) the name and address of the owner of the land (the primary land ) and the name and address of any other land which may be used to access the primary land. - (A) a description of the parcels of land; and - (B) the current use of the land; and - (C) the name and address of the owner of the land (the primary land ) and the name and address of any other land which may be used to access the primary land. - (A) a description of the parcels of land; and - (B) the current use of the land; and - (C) the name and address of the owner of the land (the primary land ) and the name and address of any other land which may be used to access the primary land. - (a) give a copy of the application and of any documents or information prescribed by regulation to the following persons (each an interested party )— (i) each owner of land the subject of the mining lease; (ii) each owner of land outside the boundary of the area of the mining lease the holder intends to use to access the area of the mining lease; and - (i) each owner of land the subject of the mining lease; - (ii) each owner of land outside the boundary of the area of the mining lease the holder intends to use to access the area of the mining lease; and - (b) if, in relation to the grant or renewal of the mining lease, an agreement for compensation has been made with an interested party under section 279 or a determination of compensation for an interested party has been made under section 281 —give a copy of the most recent agreement or determination to the interested party. - (i) each owner of land the subject of the mining lease; - (ii) each owner of land outside the boundary of the area of the mining lease the holder intends to use to access the area of the mining lease; and - (a) information that may disclose the holder’s financial and technical resources; or - (b) information that has a commercial or other value that would be, or could be expected to be, destroyed or diminished if the information were disclosed. - (a) at least 6 months, or any shorter period allowed by the Minister in the particular case, before the current term of the lease expires; and - (b) not more than 1 year before the current term expires.