sec.295Variation of mining lease for accuracy etc.

### sec.295 Variation of mining lease for accuracy etc. The Minister may vary a mining lease for all or any of the following reasons— the boundaries and area of the mining lease have been more accurately worked out and described by survey or another method approved by the Minister; the lease is contiguous to another mining lease and— the holders of the mining leases have agreed to exchange areas adjoining a part of a boundary common to both mining leases; and the Minister has approved the exchange; new facts have arisen since the grant of the mining lease that satisfy the Minister that the variation should be made to more accurately reflect the holder’s entitlements under the lease. A variation of a mining lease pursuant to subsection (1) shall take effect from the time indicated in that variation. Notice of every variation of a mining lease pursuant to subsection (1) shall be given in writing by the Minister to the holder of the mining lease and to all persons holding an interest recorded as provided in this part in the mining lease. The chief executive shall cause suitable recordings to be made in the register that the mining lease has been varied. Where, prior to receiving a notice of variation pursuant to subsection (3) the holder of a mining lease has placed any improvements, machinery, plant or equipment on land which, by reason of the variation, has ceased to be part of the area of the mining lease, the holder may within 20 business days after receipt by the holder of that notice, apply to the Minister for permission to enter upon that land and to remove the improvements, machinery, plant or equipment or any part thereof. Upon application duly made to the Minister under subsection (5) , the Minister shall grant permission to the applicant in respect thereof for such period and upon such conditions as the Minister thinks fit. The applicant, together with the applicant’s workers and persons delivering goods or substances or providing services ancillary to that purpose and vehicles and equipment, may enter upon land and remove improvements, machinery, plant or equipment or any part thereof in accordance with the permission granted pursuant to subsection (6) . Where a mining lease has been varied pursuant to subsection (1) , the holder thereof shall be deemed to hold indemnified the Crown, the Minister and all officers, servants and agents of the Crown and the Minister against all claims arising out of anything done pursuant to this Act or done on or in land which, by reason of that variation, has ceased to be part of the area of the mining lease. Where the boundaries and size of the area of a mining lease have been varied pursuant to subsection (1) (a) — the condition under section 276 (1) (d) that applied before the variation shall continue to apply after that variation in respect of activities carried on before that variation; and the conditions (other than the condition referred to in paragraph (a) ) that applied before the variation shall cease to apply after that variation in respect of activities carried on after that variation; in respect of the land that has ceased to be part of the area of the mining lease. Where the boundaries and size of the area of a mining lease have been varied pursuant to subsection (1) (a) , the conditions of the lease shall from that variation also apply in respect of land that becomes part of the area of the mining lease. Where an exchange of parts of land has been effected pursuant to subsection (1) (b) , in respect of each mining lease— the conditions that applied before the exchange shall continue to apply in respect of the area of the mining lease after the exchange; and the conditions that applied before the exchange shall cease to apply in respect of the part of land that has ceased to be part of the area of the mining lease. Notwithstanding subsections (9) and (11) , the provisions of sections 277 and 308 shall continue to apply after a variation of a mining lease pursuant to subsection (1) in respect of any acts done or omitted to be done before that variation. The Minister may direct and authorise the holder of a mining lease to enter upon land that has ceased to be part of the area of the mining lease to comply with any condition referred to in subsection (9) or (11) . This section shall not be construed to abrogate or prejudice any right had by the Crown or a person, authority or body in respect of land which by reason of a variation pursuant to subsection (1) has ceased to be part of the area of a mining lease, from proceeding in any court of competent jurisdiction or independently of this Act to recover damages or to obtain any other remedy in respect of damage or injury suffered or loss incurred by reason of a person acting or purporting to act under the authority of that mining lease but any moneys paid under section 277 in respect of damage the subject of the proceedings shall be taken into account by that court in assessing the loss or damage. The person who was the holder of a mining lease that is varied pursuant to this section shall pay the prescribed royalty in respect of all mineral mined by the person or on the person’s behalf from land that ceases to be a part of the area of the mining lease as if it had been mined under the authority of that mining lease. s 295 amd 1995 No. 21 s 86 ; 2000 No. 64 s 174 sch ; 2005 No. 8 s 2 sch ; 2011 No. 2 s 68 ; 2012 No. 20 ss 206 , 125 sch 1 ; 2013 No. 10 s 193 sch 1 ; 2018 No. 24 s 124 (sec.295-ssec.1) The Minister may vary a mining lease for all or any of the following reasons— the boundaries and area of the mining lease have been more accurately worked out and described by survey or another method approved by the Minister; the lease is contiguous to another mining lease and— the holders of the mining leases have agreed to exchange areas adjoining a part of a boundary common to both mining leases; and the Minister has approved the exchange; new facts have arisen since the grant of the mining lease that satisfy the Minister that the variation should be made to more accurately reflect the holder’s entitlements under the lease. (sec.295-ssec.2) A variation of a mining lease pursuant to subsection (1) shall take effect from the time indicated in that variation. (sec.295-ssec.3) Notice of every variation of a mining lease pursuant to subsection (1) shall be given in writing by the Minister to the holder of the mining lease and to all persons holding an interest recorded as provided in this part in the mining lease. (sec.295-ssec.4) The chief executive shall cause suitable recordings to be made in the register that the mining lease has been varied. (sec.295-ssec.5) Where, prior to receiving a notice of variation pursuant to subsection (3) the holder of a mining lease has placed any improvements, machinery, plant or equipment on land which, by reason of the variation, has ceased to be part of the area of the mining lease, the holder may within 20 business days after receipt by the holder of that notice, apply to the Minister for permission to enter upon that land and to remove the improvements, machinery, plant or equipment or any part thereof. (sec.295-ssec.6) Upon application duly made to the Minister under subsection (5) , the Minister shall grant permission to the applicant in respect thereof for such period and upon such conditions as the Minister thinks fit. (sec.295-ssec.7) The applicant, together with the applicant’s workers and persons delivering goods or substances or providing services ancillary to that purpose and vehicles and equipment, may enter upon land and remove improvements, machinery, plant or equipment or any part thereof in accordance with the permission granted pursuant to subsection (6) . (sec.295-ssec.8) Where a mining lease has been varied pursuant to subsection (1) , the holder thereof shall be deemed to hold indemnified the Crown, the Minister and all officers, servants and agents of the Crown and the Minister against all claims arising out of anything done pursuant to this Act or done on or in land which, by reason of that variation, has ceased to be part of the area of the mining lease. (sec.295-ssec.9) Where the boundaries and size of the area of a mining lease have been varied pursuant to subsection (1) (a) — the condition under section 276 (1) (d) that applied before the variation shall continue to apply after that variation in respect of activities carried on before that variation; and the conditions (other than the condition referred to in paragraph (a) ) that applied before the variation shall cease to apply after that variation in respect of activities carried on after that variation; in respect of the land that has ceased to be part of the area of the mining lease. (sec.295-ssec.10) Where the boundaries and size of the area of a mining lease have been varied pursuant to subsection (1) (a) , the conditions of the lease shall from that variation also apply in respect of land that becomes part of the area of the mining lease. (sec.295-ssec.11) Where an exchange of parts of land has been effected pursuant to subsection (1) (b) , in respect of each mining lease— the conditions that applied before the exchange shall continue to apply in respect of the area of the mining lease after the exchange; and the conditions that applied before the exchange shall cease to apply in respect of the part of land that has ceased to be part of the area of the mining lease. (sec.295-ssec.12) Notwithstanding subsections (9) and (11) , the provisions of sections 277 and 308 shall continue to apply after a variation of a mining lease pursuant to subsection (1) in respect of any acts done or omitted to be done before that variation. (sec.295-ssec.13) The Minister may direct and authorise the holder of a mining lease to enter upon land that has ceased to be part of the area of the mining lease to comply with any condition referred to in subsection (9) or (11) . (sec.295-ssec.14) This section shall not be construed to abrogate or prejudice any right had by the Crown or a person, authority or body in respect of land which by reason of a variation pursuant to subsection (1) has ceased to be part of the area of a mining lease, from proceeding in any court of competent jurisdiction or independently of this Act to recover damages or to obtain any other remedy in respect of damage or injury suffered or loss incurred by reason of a person acting or purporting to act under the authority of that mining lease but any moneys paid under section 277 in respect of damage the subject of the proceedings shall be taken into account by that court in assessing the loss or damage. (sec.295-ssec.15) The person who was the holder of a mining lease that is varied pursuant to this section shall pay the prescribed royalty in respect of all mineral mined by the person or on the person’s behalf from land that ceases to be a part of the area of the mining lease as if it had been mined under the authority of that mining lease. - (a) the boundaries and area of the mining lease have been more accurately worked out and described by survey or another method approved by the Minister; - (b) the lease is contiguous to another mining lease and— (i) the holders of the mining leases have agreed to exchange areas adjoining a part of a boundary common to both mining leases; and (ii) the Minister has approved the exchange; - (i) the holders of the mining leases have agreed to exchange areas adjoining a part of a boundary common to both mining leases; and - (ii) the Minister has approved the exchange; - (c) new facts have arisen since the grant of the mining lease that satisfy the Minister that the variation should be made to more accurately reflect the holder’s entitlements under the lease. - (i) the holders of the mining leases have agreed to exchange areas adjoining a part of a boundary common to both mining leases; and - (ii) the Minister has approved the exchange; - (a) the condition under section 276 (1) (d) that applied before the variation shall continue to apply after that variation in respect of activities carried on before that variation; and - (b) the conditions (other than the condition referred to in paragraph (a) ) that applied before the variation shall cease to apply after that variation in respect of activities carried on after that variation; - (a) the conditions that applied before the exchange shall continue to apply in respect of the area of the mining lease after the exchange; and - (b) the conditions that applied before the exchange shall cease to apply in respect of the part of land that has ceased to be part of the area of the mining lease.