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Mineral Resources Act 1989
sec.294Variation of conditions of mining lease
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### sec.294 Variation of conditions of mining lease
The conditions to which a mining lease is subject may be varied by the Minister if—
the varied conditions are not inconsistent with this Act; and
the holder of the mining lease gives the Minister written agreement.
However, the Minister must not vary a condition of a mining lease if the condition as varied is the same or substantially the same as, or inconsistent with, a relevant environmental condition for the lease.
Without limiting subsection (1) , the Minister may refuse to vary a condition of a mining lease if the Minister considers the variation is not in the public interest.
A mining lease that is duly varied pursuant to subsection (1) shall thereafter until again varied, be subject to its conditions as so varied.
The chief executive must record in the register the details of every variation made under this section of the conditions of a mining lease.
s 294 amd 1999 No. 35 s 44 ; 2000 No. 36 s 18 sch 1 ; 2000 No. 64 ss 150 , 174 sch ; 2008 No. 56 s 63 ; 2009 No. 16 s 59 ; 2011 No. 2 s 67 ; 2012 No. 20 ss 205 , 281 sch 2 ; 2013 No. 10 s 193 sch 1 ; 2018 No. 24 s 123
(sec.294-ssec.1) The conditions to which a mining lease is subject may be varied by the Minister if— the varied conditions are not inconsistent with this Act; and the holder of the mining lease gives the Minister written agreement.
(sec.294-ssec.2) However, the Minister must not vary a condition of a mining lease if the condition as varied is the same or substantially the same as, or inconsistent with, a relevant environmental condition for the lease.
(sec.294-ssec.3) Without limiting subsection (1) , the Minister may refuse to vary a condition of a mining lease if the Minister considers the variation is not in the public interest.
(sec.294-ssec.4) A mining lease that is duly varied pursuant to subsection (1) shall thereafter until again varied, be subject to its conditions as so varied.
(sec.294-ssec.5) The chief executive must record in the register the details of every variation made under this section of the conditions of a mining lease.
- (a) the varied conditions are not inconsistent with this Act; and
- (b) the holder of the mining lease gives the Minister written agreement.