sec.879Application of amended Act to particular mining leases for prescribed minerals

### sec.879 Application of amended Act to particular mining leases for prescribed minerals This section applies to a mining lease for a prescribed mineral that— on the commencement, is a prescribed mineral mining lease (a transitioning mining lease ); or is a prescribed mineral mining lease granted or renewed before the transitional period ends on an application mentioned in section 878 (also a transitioning mining lease ). Sections 317F and 317G do not apply to the transitioning mining lease until the earlier of the following— an initial development plan for the lease is approved; the lease is renewed under section 286A on an application for renewal made after the commencement; the transitional period ends. If subsection (2)(c) applies in relation to the transitioning mining lease, the condition in section 317F is complied with for the lease if a proposed initial development plan for the lease— is lodged; and complies with the initial development plan requirements for a mining lease for a prescribed mineral; and is accompanied by the relevant fee. Subsection (3) applies until— the proposed initial development plan mentioned in that subsection is approved; or a decision to refuse to approve the proposed plan, made after the end of the transitional period, takes effect under section 317V. In this section— relevant fee , for the lodgement of the proposed initial development plan, means— if the proposed plan is lodged within 6 months before the end of the transitional period—the fee prescribed by regulation for section 317H(3), definition relevant fee , paragraph (a)(i); or if, before the end of the transitional period, a decision to refuse to approve a proposed initial development plan is made and the proposed plan is another proposed initial development plan lodged within the transitional period—nil; or otherwise—an amount that is 10 times the fee mentioned in paragraph (a). transitional period means the period of 3 years that starts on the commencement. s 879 ins 2020 No. 14 s 151 (sec.879-ssec.1) This section applies to a mining lease for a prescribed mineral that— on the commencement, is a prescribed mineral mining lease (a transitioning mining lease ); or is a prescribed mineral mining lease granted or renewed before the transitional period ends on an application mentioned in section 878 (also a transitioning mining lease ). (sec.879-ssec.2) Sections 317F and 317G do not apply to the transitioning mining lease until the earlier of the following— an initial development plan for the lease is approved; the lease is renewed under section 286A on an application for renewal made after the commencement; the transitional period ends. (sec.879-ssec.3) If subsection (2)(c) applies in relation to the transitioning mining lease, the condition in section 317F is complied with for the lease if a proposed initial development plan for the lease— is lodged; and complies with the initial development plan requirements for a mining lease for a prescribed mineral; and is accompanied by the relevant fee. (sec.879-ssec.4) Subsection (3) applies until— the proposed initial development plan mentioned in that subsection is approved; or a decision to refuse to approve the proposed plan, made after the end of the transitional period, takes effect under section 317V. (sec.879-ssec.5) In this section— relevant fee , for the lodgement of the proposed initial development plan, means— if the proposed plan is lodged within 6 months before the end of the transitional period—the fee prescribed by regulation for section 317H(3), definition relevant fee , paragraph (a)(i); or if, before the end of the transitional period, a decision to refuse to approve a proposed initial development plan is made and the proposed plan is another proposed initial development plan lodged within the transitional period—nil; or otherwise—an amount that is 10 times the fee mentioned in paragraph (a). transitional period means the period of 3 years that starts on the commencement. - (a) on the commencement, is a prescribed mineral mining lease (a transitioning mining lease ); or - (b) is a prescribed mineral mining lease granted or renewed before the transitional period ends on an application mentioned in section 878 (also a transitioning mining lease ). - (a) an initial development plan for the lease is approved; - (b) the lease is renewed under section 286A on an application for renewal made after the commencement; - (c) the transitional period ends. - (a) is lodged; and - (b) complies with the initial development plan requirements for a mining lease for a prescribed mineral; and - (c) is accompanied by the relevant fee. - (a) the proposed initial development plan mentioned in that subsection is approved; or - (b) a decision to refuse to approve the proposed plan, made after the end of the transitional period, takes effect under section 317V. - (a) if the proposed plan is lodged within 6 months before the end of the transitional period—the fee prescribed by regulation for section 317H(3), definition relevant fee , paragraph (a)(i); or - (b) if, before the end of the transitional period, a decision to refuse to approve a proposed initial development plan is made and the proposed plan is another proposed initial development plan lodged within the transitional period—nil; or - (c) otherwise—an amount that is 10 times the fee mentioned in paragraph (a).