sec.318EGPower to require partial surrender application

### sec.318EG Power to require partial surrender application This section applies if the proposed plan 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 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 the condition. s 318EG ins 2004 No. 25 s 1020 amd 2008 No. 56 s 19 sch (sec.318EG-ssec.1) This section applies if the proposed plan provides for a significant change that is a cessation or reduction of mining or other purposes for which the mining lease is granted. (sec.318EG-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 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.318EG-ssec.3) The public interest must be considered before making a deferral decision or imposing the 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 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