72Marking out

### 72 Marking out > > (1)  [*\[Section 72 Subsection (1) substituted by No. 24 of 2013, s. 77, Applied:28 Jun 2013\]*](/view/html/inforce/2013-06-28/act-2013-024#GS77@EN) A person who intends to apply for a lease is to mark out in the prescribed manner the land to which the application is to relate. > > > (2)  [*\[Section 72 Subsection (2) substituted by No. 24 of 2013, s. 77, Applied:28 Jun 2013\]*](/view/html/inforce/2013-06-28/act-2013-024#GS77@EN) A person who intends to apply for a lease may enter on, and pass over, land for the purpose of marking out the lease to which the application for the lease is to relate. > > > (2A)  [*\[Section 72 Subsection (2A) inserted by No. 24 of 2013, s. 77, Applied:28 Jun 2013\]*](/view/html/inforce/2013-06-28/act-2013-024#GS77@EN) A person who intends to apply for a lease and who marks out land is to, within 7 days of marking out the land, notify the owner of the land – > > > > > > (a) of the marking out of the land; and > > > > > > > (b) of the area of land that has been marked out; and > > > > > > > (c) of the minerals, or category of minerals, to which it is intended the lease will relate. > > > (3)  An owner or occupier of land may make a claim to the Mining Tribunal for any unnecessary or unreasonable damage to land or property caused by the applicant in marking out land. > > > (4)  In respect of any area of land covered by the sea or any lake, pond, river or stream or any area of land which does not include the surface of the earth, an applicant – > > > > > > (a) need not mark out that area; and > > > > > > > (b) must comply with any conditions determined by the Director.