sec.317UPower to require partial surrender application

### sec.317U Power to require partial surrender application This section applies if the proposed later development plan for a mining lease provides for a significant change that is a cessation or reduction of mining or other purposes for which the mining lease is granted. The Minister may approve the proposed plan, but— decide (a deferral decision )— to defer the taking of effect of the approval until the mining lease holder applies under section 309 to surrender a stated part or percentage of the area of the lease on or before a stated day; and that the decision to approve the proposed plan is replaced by a decision not to approve it if the surrender application is not made on or before the stated day; or impose a condition (a surrender condition ) on the mining lease requiring its holder to apply under section 309 to surrender a stated part or percentage of the area of the lease at stated times or intervals. The public interest must be considered before making a deferral decision or imposing a surrender condition. s 317U ins 2020 No. 14 s 142 (sec.317U-ssec.1) This section applies if the proposed later development plan for a mining lease provides for a significant change that is a cessation or reduction of mining or other purposes for which the mining lease is granted. (sec.317U-ssec.2) The Minister may approve the proposed plan, but— decide (a deferral decision )— to defer the taking of effect of the approval until the mining lease holder applies under section 309 to surrender a stated part or percentage of the area of the lease on or before a stated day; and that the decision to approve the proposed plan is replaced by a decision not to approve it if the surrender application is not made on or before the stated day; or impose a condition (a surrender condition ) on the mining lease requiring its holder to apply under section 309 to surrender a stated part or percentage of the area of the lease at stated times or intervals. (sec.317U-ssec.3) The public interest must be considered before making a deferral decision or imposing a surrender condition. - (a) decide (a deferral decision )— (i) to defer the taking of effect of the approval until the mining lease holder applies under section 309 to surrender a stated part or percentage of the area of the lease on or before a stated day; and (ii) that the decision to approve the proposed plan is replaced by a decision not to approve it if the surrender application is not made on or before the stated day; or - (i) to defer the taking of effect of the approval until the mining lease holder applies under section 309 to surrender a stated part or percentage of the area of the lease on or before a stated day; and - (ii) that the decision to approve the proposed plan is replaced by a decision not to approve it if the surrender application is not made on or before the stated day; or - (b) impose a condition (a surrender condition ) on the mining lease requiring its holder to apply under section 309 to surrender a stated part or percentage of the area of the lease at stated times or intervals. - (i) to defer the taking of effect of the approval until the mining lease holder applies under section 309 to surrender a stated part or percentage of the area of the lease on or before a stated day; and - (ii) that the decision to approve the proposed plan is replaced by a decision not to approve it if the surrender application is not made on or before the stated day; or