sec.286ADecision on application

### sec.286A Decision on application The Minister may grant an application for the renewal of a mining lease if satisfied of each of the following— the holder has complied with— the terms of the lease; and this Act in relation to the lease; the area of the lease— still contains workable quantities of mineral or mineral bearing ore; or is otherwise required for purposes for which the lease was granted; the proposed term of the renewed lease is appropriate; having regard to the current and prospective uses of the area of the lease, the operations to be carried on during the renewed term of the lease— are an appropriate land use; and will conform with sound land use management; the land and surface area for which the renewal is sought is of an appropriate size and shape in relation to the activities proposed to be carried out; the financial and technical resources available to the holder to carry on mining operations under the renewed lease are appropriate; the public interest will not be adversely affected by the renewal; for a lease subject to a condition mentioned in section 285 —the lease should be renewed. If the application relates to acquired land, see also section 10AAC . Subsection (3) applies if— the application relates to land that is the surface of a reserve; and the Governor in Council’s consent was given to the grant of the mining lease; and the owner of the reserve does not give written consent to the renewal. Despite subsection (1) , the Minister can not grant the application if the Governor in Council has not consented to the renewal. If the application is 1 of the following, the Minister may grant the application only if the holder’s proposed development plan for the renewed mining lease is approved— an application for renewal of a mining lease for a prescribed mineral that, under section 286AA (3) , is required to include a proposed development plan for the renewed lease; an application for renewal of a coal mining lease; an application for renewal of an oil shale mining lease. See part 1A , division 3 , and chapter 8 , part 9 , division 3 , for provisions about the approval of proposed development plans for mining leases. The renewal may be granted for the further term, decided by the Minister, that is not longer than the period for which compensation has been agreed or determined under section 279 , 281 or 282 . The renewed lease is subject to— any conditions prescribed under a regulation; and any conditions decided by the Minister. Without limiting subsection (5) , the Minister may decide a condition of the renewed lease if the Minister considers the condition is in the public interest. The Minister may refuse the application if the Minister— has served on the holder a notice in the approved form asking the holder to show cause, within the period stated in the notice, why the application should not be refused; and after considering the holder’s response, is satisfied the application should be refused. Without limiting subsection (7) (b) , the Minister may refuse the renewal if the Minister considers the renewal is not in the public interest. Without limiting subsection (7) (b) , the Minister may also refuse the renewal if— compensation is to be determined as mentioned in section 279 (1) (a) for the renewal of the mining lease; and the compensation is not determined within 3 months after the current term of the lease would, apart from section 286C , end; and an application has not been made to the Land Court under section 281 . As soon as practicable after deciding the application, the Minister must give the holder a written notice stating— the decision; and if the decision is to grant the renewal on conditions or refuse the renewal—the reasons for the decision. s 286A ins 2005 No. 8 s 32 amd 2008 No. 56 s 61 ; 2012 No. 20 ss 61 , 202 , 125 sch 1 , s 323 sch 3 ; 2014 No. 47 s 475 ; 2018 No. 24 s 121 ; 2020 No. 14 s 136 (sec.286A-ssec.1) The Minister may grant an application for the renewal of a mining lease if satisfied of each of the following— the holder has complied with— the terms of the lease; and this Act in relation to the lease; the area of the lease— still contains workable quantities of mineral or mineral bearing ore; or is otherwise required for purposes for which the lease was granted; the proposed term of the renewed lease is appropriate; having regard to the current and prospective uses of the area of the lease, the operations to be carried on during the renewed term of the lease— are an appropriate land use; and will conform with sound land use management; the land and surface area for which the renewal is sought is of an appropriate size and shape in relation to the activities proposed to be carried out; the financial and technical resources available to the holder to carry on mining operations under the renewed lease are appropriate; the public interest will not be adversely affected by the renewal; for a lease subject to a condition mentioned in section 285 —the lease should be renewed. If the application relates to acquired land, see also section 10AAC . (sec.286A-ssec.2) Subsection (3) applies if— the application relates to land that is the surface of a reserve; and the Governor in Council’s consent was given to the grant of the mining lease; and the owner of the reserve does not give written consent to the renewal. (sec.286A-ssec.3) Despite subsection (1) , the Minister can not grant the application if the Governor in Council has not consented to the renewal. (sec.286A-ssec.3A) If the application is 1 of the following, the Minister may grant the application only if the holder’s proposed development plan for the renewed mining lease is approved— an application for renewal of a mining lease for a prescribed mineral that, under section 286AA (3) , is required to include a proposed development plan for the renewed lease; an application for renewal of a coal mining lease; an application for renewal of an oil shale mining lease. See part 1A , division 3 , and chapter 8 , part 9 , division 3 , for provisions about the approval of proposed development plans for mining leases. (sec.286A-ssec.4) The renewal may be granted for the further term, decided by the Minister, that is not longer than the period for which compensation has been agreed or determined under section 279 , 281 or 282 . (sec.286A-ssec.5) The renewed lease is subject to— any conditions prescribed under a regulation; and any conditions decided by the Minister. (sec.286A-ssec.6) Without limiting subsection (5) , the Minister may decide a condition of the renewed lease if the Minister considers the condition is in the public interest. (sec.286A-ssec.7) The Minister may refuse the application if the Minister— has served on the holder a notice in the approved form asking the holder to show cause, within the period stated in the notice, why the application should not be refused; and after considering the holder’s response, is satisfied the application should be refused. (sec.286A-ssec.8) Without limiting subsection (7) (b) , the Minister may refuse the renewal if the Minister considers the renewal is not in the public interest. (sec.286A-ssec.9) Without limiting subsection (7) (b) , the Minister may also refuse the renewal if— compensation is to be determined as mentioned in section 279 (1) (a) for the renewal of the mining lease; and the compensation is not determined within 3 months after the current term of the lease would, apart from section 286C , end; and an application has not been made to the Land Court under section 281 . (sec.286A-ssec.10) As soon as practicable after deciding the application, the Minister must give the holder a written notice stating— the decision; and if the decision is to grant the renewal on conditions or refuse the renewal—the reasons for the decision. - (a) the holder has complied with— (i) the terms of the lease; and (ii) this Act in relation to the lease; - (i) the terms of the lease; and - (ii) this Act in relation to the lease; - (b) the area of the lease— (i) still contains workable quantities of mineral or mineral bearing ore; or (ii) is otherwise required for purposes for which the lease was granted; - (i) still contains workable quantities of mineral or mineral bearing ore; or - (ii) is otherwise required for purposes for which the lease was granted; - (c) the proposed term of the renewed lease is appropriate; - (d) having regard to the current and prospective uses of the area of the lease, the operations to be carried on during the renewed term of the lease— (i) are an appropriate land use; and (ii) will conform with sound land use management; - (i) are an appropriate land use; and - (ii) will conform with sound land use management; - (e) the land and surface area for which the renewal is sought is of an appropriate size and shape in relation to the activities proposed to be carried out; - (f) the financial and technical resources available to the holder to carry on mining operations under the renewed lease are appropriate; - (g) the public interest will not be adversely affected by the renewal; - (h) for a lease subject to a condition mentioned in section 285 —the lease should be renewed. - (i) the terms of the lease; and - (ii) this Act in relation to the lease; - (i) still contains workable quantities of mineral or mineral bearing ore; or - (ii) is otherwise required for purposes for which the lease was granted; - (i) are an appropriate land use; and - (ii) will conform with sound land use management; - (a) the application relates to land that is the surface of a reserve; and - (b) the Governor in Council’s consent was given to the grant of the mining lease; and - (c) the owner of the reserve does not give written consent to the renewal. - (a) an application for renewal of a mining lease for a prescribed mineral that, under section 286AA (3) , is required to include a proposed development plan for the renewed lease; - (b) an application for renewal of a coal mining lease; - (c) an application for renewal of an oil shale mining lease. - (a) any conditions prescribed under a regulation; and - (b) any conditions decided by the Minister. - (a) has served on the holder a notice in the approved form asking the holder to show cause, within the period stated in the notice, why the application should not be refused; and - (b) after considering the holder’s response, is satisfied the application should be refused. - (a) compensation is to be determined as mentioned in section 279 (1) (a) for the renewal of the mining lease; and - (b) the compensation is not determined within 3 months after the current term of the lease would, apart from section 286C , end; and - (c) an application has not been made to the Land Court under section 281 . - (a) the decision; and - (b) if the decision is to grant the renewal on conditions or refuse the renewal—the reasons for the decision.