83Area of land comprised in mining lease

### 83 Area of land comprised in mining lease > > (1)  The area of land comprised in a lease is an area determined by the Minister and which is at least the minimum area required for mining operations. > > > (2)  [*\[Section 83 Subsection (2) substituted by No. 24 of 2013, s. 87, Applied:28 Jun 2013\]*](/view/html/inforce/2013-06-28/act-2013-024#GS87@EN) Land comprised in a lease may be either or both of the following: > > > > > > (a) the same size as, or smaller than, the area of land in respect of which the lease was sought; > > > > > > > (b) different in shape from the area of land in respect of which the lease was sought. > > > (3)  [*\[Section 83 Subsection (3) amended by No. 74 of 2001, Sched. 1, Applied:30 Oct 2001\]*](/view/html/inforce/2001-10-30/act-2001-074#JS1@JT@tr@oc8@EN) [*\[Section 83 Subsection (3) amended by No. 74 of 2001, s. 22, Applied:30 Oct 2001\]*](/view/html/inforce/2001-10-30/act-2001-074#GS22@EN) [*\[Section 83 Subsection (3) substituted by No. 24 of 2013, s. 87, Applied:28 Jun 2013\]*](/view/html/inforce/2013-06-28/act-2013-024#GS87@EN) An area of land comprised in a lease must not include an area which – > > > > > > (a) is already a mineral tenement for the minerals, or a category of minerals, to which the lease is to relate, unless the mineral tenement is held by the person to whom the lease is to be issued; or > > > > > > > (b) is the subject of an application for a mineral tenement for the minerals, or a category of minerals, to which the lease is to relate, unless the application is made by the person to whom the lease is to be issued.