sec.309Surrender of mining lease

### sec.309 Surrender of mining lease The holder of a mining lease may apply to surrender the mining lease or any part of the area of the mining lease at any time before the expiration of its term. The holder of a mining lease who desires to surrender a mining lease or any part of the area of the mining lease shall lodge with the chief executive— a notice of surrender in the approved form; and for the surrender of the whole of the area of the mining lease— a properly completed royalty return, unless it has already been lodged under section 320 (4) ; and either— the royalty payable to the State under section 320 (3) (a) , unless it has already been paid; or evidence that the royalty has been paid to another person entitled to the royalty under section 320 (3) (b) ; and the fee prescribed under a regulation. The Minister may, by written notice, give the mining lease holder directions about carrying out improvement restoration for the mining lease. A purported surrender of a mining lease or of any part of the area of a mining lease shall not be effective unless— the holder has complied with this section; and the Minister consents to the surrender. However, the Minister may give the consent only if the Minister is satisfied— the holder has complied with the condition to carry out improvement restoration for the mining lease; and the relevant environmental authority has been cancelled or surrendered under the Environmental Protection Act . If part of the area of a mining lease is surrendered under this section— the chief executive must record in the register the details of the surrender; and the lease continues in force for the part of the area not surrendered. Upon a surrender of a mining lease, all adjustments between the holder and the Crown in respect of the payment of rental, fees and other moneys shall be at the discretion of the Minister. Where any moneys are specified pursuant to subsection (8) as a debt due to the Crown, the Minister may direct that the security deposited in accordance with section 277 may be utilised for payment thereof. Nothing in this section shall prevent the Crown from recovering moneys from a person specified in subsection (8) as liable to pay and unpaid (whether directly or through utilisation of the security deposit) by action in the Land Court. In a proceeding for the recovery of an amount owing to the State under this Act, a certificate signed by the chief executive stating the amount of the debt is evidence of the amount of the debt. Where, at the time when the holder of a mining lease purports to surrender the mining lease or a part of the area of the mining lease, the holder applies for a new mining claim or mining lease for the whole or part of the area of the current mining lease, the purported surrender shall take effect immediately prior to the grant of the new mining claim or mining lease. Nothing in section 232 shall prevent a holder of a mining lease, at the time the holder surrenders the mining lease or part of the area of the mining lease, from applying for the grant of a mining lease over the whole or part of the area of the surrendered mining lease and the grant of the mining lease applied for. A surrender of a mining lease (other than a surrender referred to in subsection (12) ) shall take effect on the day next following its acceptance by the Minister. s 309 amd 1990 No. 30 s 35 ; 1995 No. 21 ss 88 , 3 sch ; 1995 No. 58 s 4 sch 1 ; 1999 No. 7 s 87 sch 3 ; 2000 No. 64 ss 156 , 174 sch ; 2007 No. 39 s 41 sch ; 2010 No. 17 s 57 ; 2011 No. 2 s 71 ; 2011 No. 20 s 171 ; 2012 No. 20 s 125 sch 1 , s 281 sch 2 ; 2012 No. 16 s 78 sch ; 2013 No. 10 s 193 sch 1 ; 2018 No. 24 s 128 (sec.309-ssec.1) The holder of a mining lease may apply to surrender the mining lease or any part of the area of the mining lease at any time before the expiration of its term. (sec.309-ssec.2) The holder of a mining lease who desires to surrender a mining lease or any part of the area of the mining lease shall lodge with the chief executive— a notice of surrender in the approved form; and for the surrender of the whole of the area of the mining lease— a properly completed royalty return, unless it has already been lodged under section 320 (4) ; and either— the royalty payable to the State under section 320 (3) (a) , unless it has already been paid; or evidence that the royalty has been paid to another person entitled to the royalty under section 320 (3) (b) ; and the fee prescribed under a regulation. (sec.309-ssec.4) The Minister may, by written notice, give the mining lease holder directions about carrying out improvement restoration for the mining lease. (sec.309-ssec.5) A purported surrender of a mining lease or of any part of the area of a mining lease shall not be effective unless— the holder has complied with this section; and the Minister consents to the surrender. (sec.309-ssec.6) However, the Minister may give the consent only if the Minister is satisfied— the holder has complied with the condition to carry out improvement restoration for the mining lease; and the relevant environmental authority has been cancelled or surrendered under the Environmental Protection Act . (sec.309-ssec.7) If part of the area of a mining lease is surrendered under this section— the chief executive must record in the register the details of the surrender; and the lease continues in force for the part of the area not surrendered. (sec.309-ssec.8) Upon a surrender of a mining lease, all adjustments between the holder and the Crown in respect of the payment of rental, fees and other moneys shall be at the discretion of the Minister. (sec.309-ssec.9) Where any moneys are specified pursuant to subsection (8) as a debt due to the Crown, the Minister may direct that the security deposited in accordance with section 277 may be utilised for payment thereof. (sec.309-ssec.10) Nothing in this section shall prevent the Crown from recovering moneys from a person specified in subsection (8) as liable to pay and unpaid (whether directly or through utilisation of the security deposit) by action in the Land Court. (sec.309-ssec.11) In a proceeding for the recovery of an amount owing to the State under this Act, a certificate signed by the chief executive stating the amount of the debt is evidence of the amount of the debt. (sec.309-ssec.12) Where, at the time when the holder of a mining lease purports to surrender the mining lease or a part of the area of the mining lease, the holder applies for a new mining claim or mining lease for the whole or part of the area of the current mining lease, the purported surrender shall take effect immediately prior to the grant of the new mining claim or mining lease. (sec.309-ssec.13) Nothing in section 232 shall prevent a holder of a mining lease, at the time the holder surrenders the mining lease or part of the area of the mining lease, from applying for the grant of a mining lease over the whole or part of the area of the surrendered mining lease and the grant of the mining lease applied for. (sec.309-ssec.14) A surrender of a mining lease (other than a surrender referred to in subsection (12) ) shall take effect on the day next following its acceptance by the Minister. - (a) a notice of surrender in the approved form; and - (b) for the surrender of the whole of the area of the mining lease— (i) a properly completed royalty return, unless it has already been lodged under section 320 (4) ; and (ii) either— (A) the royalty payable to the State under section 320 (3) (a) , unless it has already been paid; or (B) evidence that the royalty has been paid to another person entitled to the royalty under section 320 (3) (b) ; and - (i) a properly completed royalty return, unless it has already been lodged under section 320 (4) ; and - (ii) either— (A) the royalty payable to the State under section 320 (3) (a) , unless it has already been paid; or (B) evidence that the royalty has been paid to another person entitled to the royalty under section 320 (3) (b) ; and - (A) the royalty payable to the State under section 320 (3) (a) , unless it has already been paid; or - (B) evidence that the royalty has been paid to another person entitled to the royalty under section 320 (3) (b) ; and - (c) the fee prescribed under a regulation. - (i) a properly completed royalty return, unless it has already been lodged under section 320 (4) ; and - (ii) either— (A) the royalty payable to the State under section 320 (3) (a) , unless it has already been paid; or (B) evidence that the royalty has been paid to another person entitled to the royalty under section 320 (3) (b) ; and - (A) the royalty payable to the State under section 320 (3) (a) , unless it has already been paid; or - (B) evidence that the royalty has been paid to another person entitled to the royalty under section 320 (3) (b) ; and - (A) the royalty payable to the State under section 320 (3) (a) , unless it has already been paid; or - (B) evidence that the royalty has been paid to another person entitled to the royalty under section 320 (3) (b) ; and - (a) the holder has complied with this section; and - (b) the Minister consents to the surrender. - (a) the holder has complied with the condition to carry out improvement restoration for the mining lease; and - (b) the relevant environmental authority has been cancelled or surrendered under the Environmental Protection Act . - (a) the chief executive must record in the register the details of the surrender; and - (b) the lease continues in force for the part of the area not surrendered.