Mineral Resources Act 1989
sec.318ELBAOverlapping lease application for all of the land
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sec.318ELBA Overlapping lease application for all of the land
This section applies if— the overlapping authority priority is for all of the land; and within the overlapping authority application period the overlapping permit holder applies for an overlapping lease for all of the land. A further step can not be taken to decide the mining lease application until after the overlapping lease application has been decided. The Geothermal Act , chapter 5 , part 5 and the GHG storage Act , chapter 4 , part 5 provide for refusal of the overlapping lease application if it is not pursued in a timely manner. If the decision on the overlapping lease application is to grant an overlapping lease for all of the land, the mining lease application is taken to have lapsed. s 318ELBA ins 2009 No. 3 s 511 sub 2010 No. 31 s 525 (sec.318ELBA-ssec.1) This section applies if— the overlapping authority priority is for all of the land; and within the overlapping authority application period the overlapping permit holder applies for an overlapping lease for all of the land. (sec.318ELBA-ssec.2) A further step can not be taken to decide the mining lease application until after the overlapping lease application has been decided. The Geothermal Act , chapter 5 , part 5 and the GHG storage Act , chapter 4 , part 5 provide for refusal of the overlapping lease application if it is not pursued in a timely manner. (sec.318ELBA-ssec.3) If the decision on the overlapping lease application is to grant an overlapping lease for all of the land, the mining lease application is taken to have lapsed.
- (a) the overlapping authority priority is for all of the land; and
- (b) within the overlapping authority application period the overlapping permit holder applies for an overlapping lease for all of the land.