sec.38Particular applications can not be accepted

sec.38 Particular applications can not be accepted

A document (the document ) purporting to be an application for a mining tenement can not be accepted as an application if— the person stated in the document as the applicant for the mining tenement is not an eligible person; or the land, stated in the document as the land for which the application is made, is unavailable land for the mining tenement for which the application is made; or the document is not in the approved form for an application for the mining tenement; or See, however, the Acts Interpretation Act 1954 , section 48A . the person has not paid the prescribed fee for the application. If, under subsection (1) , the document can not be accepted as an application for a mining tenement, the chief executive must keep a copy of the document and give the person purporting to make the application a notice stating— that the document has not been accepted as an application for the mining tenement; and the reason the document has not been accepted. In this section— unavailable land , for a mining tenement, means land over which the mining tenement can not be granted under the Act . land to which an existing mining tenement applies if the holder of the existing mining tenement is not the applicant or has not given the applicant written consent to apply for a mining tenement over the land land that is part of a restricted area if the mining tenement is a prohibited mining tenement for the restricted area land that is part of a protected area land that has been excluded from the application of the Act by a law of the Commonwealth (sec.38-ssec.1) A document (the document ) purporting to be an application for a mining tenement can not be accepted as an application if— the person stated in the document as the applicant for the mining tenement is not an eligible person; or the land, stated in the document as the land for which the application is made, is unavailable land for the mining tenement for which the application is made; or the document is not in the approved form for an application for the mining tenement; or See, however, the Acts Interpretation Act 1954 , section 48A . the person has not paid the prescribed fee for the application. (sec.38-ssec.2) If, under subsection (1) , the document can not be accepted as an application for a mining tenement, the chief executive must keep a copy of the document and give the person purporting to make the application a notice stating— that the document has not been accepted as an application for the mining tenement; and the reason the document has not been accepted. (sec.38-ssec.3) In this section— unavailable land , for a mining tenement, means land over which the mining tenement can not be granted under the Act . land to which an existing mining tenement applies if the holder of the existing mining tenement is not the applicant or has not given the applicant written consent to apply for a mining tenement over the land land that is part of a restricted area if the mining tenement is a prohibited mining tenement for the restricted area land that is part of a protected area land that has been excluded from the application of the Act by a law of the Commonwealth