12Priority of applications

### 12 Priority of applications > > (1)  If more than one application is received for a licence in respect of all or part of the same land, the order of priority is as follows: > > > > > > (a) for applications received on different days, an application received on an earlier day has priority over an application received on a later day; > > > > > > > (b) for applications received on the same day, the order of priority is as determined by the Director according to the relative merits of the applications; > > > > > > > (c) for applications received on the same day which are determined by the Director to be of equal merit, the order of priority is as determined by a ballot conducted in an approved manner. > > > (1A)  [*\[Section 12 Subsection (1A) inserted by No. 74 of 2001, s. 7, Applied:30 Oct 2001\]*](/view/html/inforce/2001-10-30/act-2001-074#GS7@Hpa@EN) [*\[Section 12 Subsection (1A) substituted by No. 24 of 2013, s. 9, Applied:28 Jun 2013\]*](/view/html/inforce/2013-06-28/act-2013-024#GS9@EN) If a notice has been published under [section 161E](#GS161E@EN) in relation to an exploration licence or retention licence, applications – > > > > > > (a) for a licence that is to relate to both – > > > > > > > > > > (i) all or part of the area of land that is specified in the notice; and > > > > > > > > > > > (ii) a mineral, or the category of minerals, specified in the notice; and > > > > > > > (b) that are received up to and including 4 working days after the date specified in the notice – > > > > are to be taken to be received on the same day. > > > (2)  An application that has priority over any other application is to be determined without reference to any other application. > > > (3)  The Director is to notify an applicant – > > > > > > (a) that the application of the applicant has priority over any other application; or > > > > > > > (b) that the application of another applicant has priority; or > > > > > > > (c) if the priority of an application of the applicant has altered because another application is withdrawn or refused or has lapsed under [section 13](#GS13@EN) . > > > (4)  [*\[Section 12 Subsection (4) inserted by No. 74 of 2001, s. 7, Applied:30 Oct 2001\]*](/view/html/inforce/2001-10-30/act-2001-074#GS7@Hpb@EN) The Registrar is to reject any application received later than 3 months after receipt of another application determined to have priority.