sec.816Conversion of mining lease to mining claim

### sec.816 Conversion of mining lease to mining claim This section applies to a mining lease or mining leases for corundum, gemstones or other precious stones if— the area of the mining lease, or combined area of the mining leases, is not more than 40ha; and for 2 or more mining leases— the land in the area of the leases is contiguous; and the holder of the mining leases is the same entity. The holder of the mining lease or mining leases may, within 2 years after the commencement, apply to the Minister to convert the whole area of the mining lease or mining leases to a mining claim, of not more than 20ha, or 2 mining claims, of not more than 20ha each, applying to corundum, gemstones or other precious stones. The application must— be in the approved form; and state the name of each applicant; and state the number of the mining lease or mining leases; and define the boundaries of the land to be included in the mining claim or mining claims; and Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement. describe all parcels of land the whole or part of which are the subject of the application and state the name and address of each owner of the land and of land that is to be used as access; and for each proposed mining claim, define the boundary of any land outside the area of the proposed mining claim intended to be used to access the proposed claim area; and be accompanied by a sketch, map or other graphic representation the chief executive considers appropriate setting out the boundaries of the land to be included in the mining claim or mining claims and the land to be used as access; and be accompanied by a work program for the activities to be carried out under the mining claim or mining claims; and identify the mineral or minerals for which the mining claim or mining claims is sought. If a mining lease or mining leases are converted to a mining claim or mining claims under this section— the area of the mining claim or mining claims must include the whole of the surface of the land within the mining lease or mining leases and can not include any other land; and the term of the mining claim or mining claims end on the first of the following to happen— the day that is 10 years after the conversion; if only 1 mining lease is converted—the day the term of the mining lease would have ended if it had not been converted; if more than 1 mining lease is converted—the first day the term of any of the mining leases would have ended if that mining lease had not been converted. The Minister must consider an application made under this section and decide to grant or refuse the application. The Minister may grant the application if satisfied the holder has complied with the conditions of the relevant mining lease and this Act in relation to the lease. If the Minister decides to grant the application, the chief executive must— give the applicant notice of the decision; and record particulars of the conversion in the register. If the Minister decides to refuse the application, the chief executive must give the applicant notice of the decision and reasons for it. On the recording of the particulars of the conversion in the register— the relevant mining lease is taken to be a mining claim; and any security deposited under this Act for the lease is taken to be a security deposited for the mining claim. If a relevant mining lease is subject to a condition that it can not be renewed or further renewed, the converted mining claim is subject to a condition that it can not be renewed. Without limiting section 81 or subsection (10), a converted mining claim is subject to the conditions decided by the Minister and stated on the notice mentioned in subsection (7)(a). If the term of a relevant mining lease would, but for this subsection, end before the application is decided, the lease is taken to continue in force until the application is decided. In this section— relevant mining lease , for an application, means the mining lease to which the application relates. s 816 ins 2013 No. 10 s 140 amd 2014 No. 47 ss 462 , 489 (sec.816-ssec.1) This section applies to a mining lease or mining leases for corundum, gemstones or other precious stones if— the area of the mining lease, or combined area of the mining leases, is not more than 40ha; and for 2 or more mining leases— the land in the area of the leases is contiguous; and the holder of the mining leases is the same entity. (sec.816-ssec.2) The holder of the mining lease or mining leases may, within 2 years after the commencement, apply to the Minister to convert the whole area of the mining lease or mining leases to a mining claim, of not more than 20ha, or 2 mining claims, of not more than 20ha each, applying to corundum, gemstones or other precious stones. (sec.816-ssec.3) The application must— be in the approved form; and state the name of each applicant; and state the number of the mining lease or mining leases; and define the boundaries of the land to be included in the mining claim or mining claims; and Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement. describe all parcels of land the whole or part of which are the subject of the application and state the name and address of each owner of the land and of land that is to be used as access; and for each proposed mining claim, define the boundary of any land outside the area of the proposed mining claim intended to be used to access the proposed claim area; and be accompanied by a sketch, map or other graphic representation the chief executive considers appropriate setting out the boundaries of the land to be included in the mining claim or mining claims and the land to be used as access; and be accompanied by a work program for the activities to be carried out under the mining claim or mining claims; and identify the mineral or minerals for which the mining claim or mining claims is sought. (sec.816-ssec.4) If a mining lease or mining leases are converted to a mining claim or mining claims under this section— the area of the mining claim or mining claims must include the whole of the surface of the land within the mining lease or mining leases and can not include any other land; and the term of the mining claim or mining claims end on the first of the following to happen— the day that is 10 years after the conversion; if only 1 mining lease is converted—the day the term of the mining lease would have ended if it had not been converted; if more than 1 mining lease is converted—the first day the term of any of the mining leases would have ended if that mining lease had not been converted. (sec.816-ssec.5) The Minister must consider an application made under this section and decide to grant or refuse the application. (sec.816-ssec.6) The Minister may grant the application if satisfied the holder has complied with the conditions of the relevant mining lease and this Act in relation to the lease. (sec.816-ssec.7) If the Minister decides to grant the application, the chief executive must— give the applicant notice of the decision; and record particulars of the conversion in the register. (sec.816-ssec.8) If the Minister decides to refuse the application, the chief executive must give the applicant notice of the decision and reasons for it. (sec.816-ssec.9) On the recording of the particulars of the conversion in the register— the relevant mining lease is taken to be a mining claim; and any security deposited under this Act for the lease is taken to be a security deposited for the mining claim. (sec.816-ssec.10) If a relevant mining lease is subject to a condition that it can not be renewed or further renewed, the converted mining claim is subject to a condition that it can not be renewed. (sec.816-ssec.11) Without limiting section 81 or subsection (10), a converted mining claim is subject to the conditions decided by the Minister and stated on the notice mentioned in subsection (7)(a). (sec.816-ssec.12) If the term of a relevant mining lease would, but for this subsection, end before the application is decided, the lease is taken to continue in force until the application is decided. (sec.816-ssec.13) In this section— relevant mining lease , for an application, means the mining lease to which the application relates. - (a) the area of the mining lease, or combined area of the mining leases, is not more than 40ha; and - (b) for 2 or more mining leases— (i) the land in the area of the leases is contiguous; and (ii) the holder of the mining leases is the same entity. - (i) the land in the area of the leases is contiguous; and - (ii) the holder of the mining leases is the same entity. - (i) the land in the area of the leases is contiguous; and - (ii) the holder of the mining leases is the same entity. - (a) be in the approved form; and - (b) state the name of each applicant; and - (c) state the number of the mining lease or mining leases; and - (d) define the boundaries of the land to be included in the mining claim or mining claims; and Note— Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement. - (e) describe all parcels of land the whole or part of which are the subject of the application and state the name and address of each owner of the land and of land that is to be used as access; and - (f) for each proposed mining claim, define the boundary of any land outside the area of the proposed mining claim intended to be used to access the proposed claim area; and - (g) be accompanied by a sketch, map or other graphic representation the chief executive considers appropriate setting out the boundaries of the land to be included in the mining claim or mining claims and the land to be used as access; and - (h) be accompanied by a work program for the activities to be carried out under the mining claim or mining claims; and - (i) identify the mineral or minerals for which the mining claim or mining claims is sought. - (a) the area of the mining claim or mining claims must include the whole of the surface of the land within the mining lease or mining leases and can not include any other land; and - (b) the term of the mining claim or mining claims end on the first of the following to happen— (i) the day that is 10 years after the conversion; (ii) if only 1 mining lease is converted—the day the term of the mining lease would have ended if it had not been converted; (iii) if more than 1 mining lease is converted—the first day the term of any of the mining leases would have ended if that mining lease had not been converted. - (i) the day that is 10 years after the conversion; - (ii) if only 1 mining lease is converted—the day the term of the mining lease would have ended if it had not been converted; - (iii) if more than 1 mining lease is converted—the first day the term of any of the mining leases would have ended if that mining lease had not been converted. - (i) the day that is 10 years after the conversion; - (ii) if only 1 mining lease is converted—the day the term of the mining lease would have ended if it had not been converted; - (iii) if more than 1 mining lease is converted—the first day the term of any of the mining leases would have ended if that mining lease had not been converted. - (a) give the applicant notice of the decision; and - (b) record particulars of the conversion in the register. - (a) the relevant mining lease is taken to be a mining claim; and - (b) any security deposited under this Act for the lease is taken to be a security deposited for the mining claim.